Category: Damn rackets

Saturday, 12/16/23

The Ivies

The Homer Simpson theory of censorship

By the time I post this, America’s chattering class probably will have moved on to new clickbait [Note: I was wrong about that; they’re still writing about it.], but I thought David French was solid on the Ivy League Presidents’ notorious testimony to Congress:

So if the university presidents were largely (though clumsily) correct about the legal balance, why the outrage? To quote the presidents back to themselves, context matters. For decades now, we’ve watched as campus administrators from coast to coast have constructed a comprehensive web of policies and practices intended to suppress so-called hate speech and to support students who find themselves distressed by speech they find offensive.

The result has been a network of speech codes, bias response teams, safe spaces and glossaries of microaggressions that are all designed to protect students from alleged emotional harm. But not all students …

[E]ach of the schools represented at the hearing has its own checkered past on free speech. Harvard is the worst-rated school for free expression in America, according to the Foundation for Individual Rights and Expression. (I served as the group’s president in 2004 and 2005.) So even if the presidents’ lawyerly answers were correct, it’s more than fair to ask: Where was this commitment to free expression in the past?

…

That said, some of the responses to campus outrages have been just as distressing as the hypocrisy shown by the school presidents. With all due apology to Homer Simpson and his legendary theory of alcohol, it’s as if many campus critics view censorship as the “cause of, and solution to, all of life’s problems.”

Universities have censored conservatives? Then censor progressives, too. Declare the extreme slogans of pro-Palestinian protesters to be harassment and pursue them vigorously. Give them the same treatment you’ve given other groups that hold offensive views ….

The Right and Wrong Ways to Deal with Campus Antisemitism

Claudine Gay

[W]hen journalists discovered that [Harvard President Claudine Gay] had plagiarized heavily (even as she published very little before getting the job), Harvard hired a high-powered lawyer to bully those reporters. Several of the academics she plagiarized are not happy about it. And it does bring up questions of her actual credentials here—her biggest success before her appointment as president of Harvard seems to be as part of the mob that tried to smear Roland Fryer, a black professor there who poked some holes in common police racism narratives.

Nellie Bowles

Rhetorical flights of fancy

…

I didn’t want to believe it was possible that a representative survey at Harvard University would show that 51 percent of Americans between ages 18 and 24 found that the attacks by Hamas can be justified by the grievance of Palestinians.

…

Mathias Döpfner, The Things I Never Thought Possible—Until October 7.

This is but one of a list of Döpfner’s “I didn’t want to believes,” but its fallacy smacked me in the face. Isn’t “a representative survey at Harvard University” an oxymoron? Isn’t any survey at Harvard incapable of showing what Americans generally between ages 18 and 24 believe?

I think the author knows that:

And, more than anything else, I didn’t want to believe it was possible that some of the most renowned and influential elite universities in the world would capitulate to the cultural struggle carried out in the name of a woke agenda pushed by students that are increasingly demonstrating a blatantly antisemitic mindset ….

The ongoing treason of the intellectuals

For nearly ten years, rather like Benda, I have marveled at the treason of my fellow intellectuals. I have also witnessed the willingness of trustees, donors, and alumni to tolerate the politicization of American universities by an illiberal coalition of “woke” progressives, adherents of “critical race theory,” and apologists for Islamist extremism. 

Throughout that period, friends assured me that I was exaggerating. Who could possibly object to more diversity, equity, and inclusion on campus? In any case, weren’t American universities always left-leaning? Were my concerns perhaps just another sign that I was the kind of conservative who had no real future in the academy?

Such arguments fell apart after October 7, as the response of “radical” students and professors to the Hamas atrocities against Israel revealed the realities of contemporary campus life. That hostility to Israeli policy in Gaza regularly slides into antisemitism is now impossible to deny.

Niall Ferguson, The Treason of the Intellectuals

Elites not fit for purpose

Rod Dreher, who went to LSU instead of an Ivy League school, has a more “meta” view of the débâcle:

What my European friend, who arrived at Harvard dazzled by its global brand, discovered in his time there was the real secret to the most elite university in the world: that it is less about scholarship than it is about networking and credentialing its students to thrive within a system of power.

This is not necessarily a bad thing. Every society has elites, and needs them to keep things running. What my European friend saw was that America’s elites are not fit for purpose.

Dispossession

Stewardship as affront

Superficially, litter and the rusting carcasses of salvaged cars are both an affront to the eye. But while litter exemplifies that lack of stewardship that is the ethical core of a throwaway society, the visible presence of old cars represents quite the opposite. Yet these are easily conflated under the environmentalist aesthetic, and the result has been to impart a heightened moral status to Americans’ prejudice against the old, now dignified as an expression of civic responsibility.

…

Among the sacrifices demanded by the new gods may be your ten year old car that gets 35 MPG, requires zero new manufacturing (with its associated environmental costs), and may be good for another ten years. As Rene Girard points out, ritual violence is usually directed against a scapegoat who is in fact innocent, onto whom the sins of the community are transferred. In our pagan society of progress, it seems anything old and serviceable can serve this role.

Matthew B. Crawford.

I find it affirming that between the time I wrote this and the time I posted it, Alan Jacobs posted the exact same selections from Crawford’s essay.

Chastity as atavism

Even many places that are inclined to be chill about private acts between adults balk at how far America is taking things. In America, tens of thousands of people cut off their breasts or genitals every year trying to change their sex. Judges tell parents they will lose custody if they don’t let their children be castrated. Rising STD rates among gay men have led the CDC to approve the continuous use of antibiotics as a prophylactic (DoxyPEP), even though this will surely result in antibiotic-resistant superbugs. Our birthrates are collapsing, and almost half of the children we do have are out of wedlock. There are lots of reasons other countries might look at us and think maybe we don’t have our sexual norms exactly right.

Helen Andrews via Rod Dreher

But leave a scrap

You can have power over people as long as you don’t take everything away from them. But when you’ve robbed a man of everything, he’s no longer in your power.

Aleksandr Solzhenitsyn

Miscellany

The New York Times

[T]he Times is becoming the publication through which America’s progressive elite talks to itself about an America that does not really exist.

James Bennet, former New York Times Opinion Editor, in the Economist. This is a 16,000-word essay on what has gone wrong at the Times — and how it went wrong.

A big factor is the intrinsic incentives of modern narrowcasting. The New York Times is prospering immensely, after a near-death experience, but it is prospering by telling liberals and progressives what they want to hear while pretending that it’s still an honest, unbiased source. So profitable is the new scam that the Times is unlikely to repent and go back to the old ways.

My decision to skip the Times “news” coverage and go straight to the Opinion pages — where I know I’m getting opinion and am unseduced by it — is vindicated.

Sundry madness

  • Barbara Furlow-Smiles, the woman whose title was Lead Strategist, Global Head of Employee Resource Groups and Diversity Engagement (i.e., head of DEI) at Facebook, pleaded guilty this week to defrauding the company of $4 million. A perfect symbol of these programs that literally the leader of it was very, very busy coming up with ways to steal millions from Mark Zuckerberg. Sometimes it was just simple: she had Facebook pay $18,000 to a preschool for tuition, which, I love that, you don’t get what you don’t ask for. Other times, her scams were more elaborate. She hired friends for fake jobs and had them pay her kickbacks (dream of dreams). She submitted fake expense reports and such (oldie but goody). The kickbacks often came in cash, sometimes wrapped in t-shirts, according to the Feds (secure).
  • The Biden administration has decided to go after a random moving company for the crime of hiring too many muscular young men. Yes, the Equal Employment Opportunity Commission has sued Meathead Movers, alleging age discrimination. There was no complaint that kicked this off, no elderly man who was turned out. The EEOC just decided to bankrupt this random company. The investigation started in 2017, but September 2023 was the moment to strike. Six years of investigating Meathead Movers. Maybe the CEO didn’t tweet enough nice things about Kamala Harris. Who knows. But moving companies beware: Are you hiring strong young men to carry things? Illegal! Go to a retirement home, find the tiniest elderly lady, and force her to haul a piano. That’s justice. That’s the EEOC. No one tell them about the NBA. 

Nellie Bowles

School as Industry

Only if school is understood as an industry can revolutionary strategy be planned realistically.

Ivan Illich, Deschooling Society

Counterculture

Lately to be countercultural is to be apophatic: untattooed, unbranded, unvideoed, unwebbed, uncontroversial, no takes, and genuinely nice to people.

@Jonah

Bill Bryson describes cricket.

Politics

Trump II

The warning Cheney issues is clear and persuasive: A second presidential term for Donald Trump would pose great risks to the nation’s democratic practices and identity. A retribution-minded, Constitution-terminating leader buttressed by unscrupulous advisers and ethically impaired lawyers could, she argues, “dismantle our republic.” As both a witness and a target of the Jan. 6 assault on the Capitol and as a leader of the House committee that investigated the attack, Cheney recognizes the power of the mob that Trump commands. She also understands the cowardice of his enablers in the Republican Party, the same kind of loyalists who would populate — or at least seek to justify — a second Trump administration.

Carlos Lozado

Vivek!

I’ve endured many presidential candidates who had me reaching for a cocktail. Ramaswamy is the first who has me looking for Dramamine.

Frank Bruni. Bruni also gives a shout-out to Sarah Isgur:

  • [I]n The Times, Sarah Isgur defined the challenge of discussing Vivek Ramaswamy: “I think I speak for the entire pundit class when I tell you that we’re all running out of synonyms for ‘jerk.’”

The funny thing is, Isgur did not say that. What she said was “I think I speak for the entire pundit class when I tell you that we’re all running out of synonyms for ‘asshole.’” The Times censored it.

So walk on air against your better judgement

(Seamus Heaney)

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, 12/9/23

I hope I’ll have enough voice to sing this evening’s Lafayette Chamber Singers concert, Pastyme With Good Companye. I’ve been fighting a cold since Tuesday.

Culture

Pizzagate is nothing new

In the summer of 1705, an unusually extravagant rumor horrified the citizenry. The Tsar, it was said, had forbidden Russian men to marry for seven years so that Russian women might be married to foreigners being imported by the shipload. To preserve their young women, Astrachaners arranged a mass marriage before the foreigners could arrive, and on a single day, July 30, 1705, a hundred women were married.

Robert K. Massie, Peter the Great

The inquisitive spirit

I once asked the best teacher I ever had why she no longer taught her favorite novel, and she said that she stopped teaching a book when she found she was no longer curious about it. The humanistic spirit is, fundamentally, an inquisitive one.

…

If the study of literature or philosophy helps to fight sexism and racism or to promote democracy and free speech — and everyone agrees that sexism and racism are bad and democracy and free speech are good — then you have your answer as to why we shouldn’t cut funding for the study of literature or philosophy. Politicization is a way of arming the humanities for its political battles, but it comes at an intellectual cost. Why are sexism and racism so bad? Why is democracy so good? Politicization silences these and other questions, whereas the function of the humanities is to raise them.

Agnes Callard. These are but a few snippets from a rich article defending the humanities, though the author cannot tell you the “value” of them.

Seeing obscurely

The mind is a camera obscura constantly trying to render an image of reality on the back wall of consciousness through the pinhole of awareness, its aperture narrowed by our selective attention, honed on our hopes and fears.

Maria Popova, introducing a review of In the Dark

The Apostle Paul said substantially the same thing, of course.

Science and intuition

Modern science, arising from an arbitrary limitation of knowledge to a particular order—the lowest of all orders, that of material or sensible reality—has lost, through this limitation and the consequences it immediately entails, all intellectual value; as long, that is, as one gives to the word ‘intellectuality’ the fullness of its real meaning, and refuses to share the ‘rationalist’ error of assimilating pure intelligence to reason, or, what amount to the same thing, of completely denying intellectual intuition.

René Guénon Guénon, The Crisis of the Modern World

Terror Profiteers

We’re had war profiteers for a very long time. Now we have terrorism profiteers:

Money from terror: Is it possible that Hamas terrorists made a profit on the October 7 massacre? It is. On Monday, two law professors, Robert J. Jackson Jr. of NYU and Joshua Mitts of Columbia, released the draft of a paper that makes the case. There was “a significant spike in short selling in the principal Israeli-company EFT [exchange traded fund] days before the October 7 Hamas attack. . . . Similarly, we identify increases in short selling before the attack in dozens of Israeli companies traded in Tel Aviv,” they write. Translation? There were people who, knowing the attack was coming, bet that the stocks of Israeli companies would fall. (H/T Joe Nocera for this guest item.)

Nellie Bowles

Politics

Apocalypse

In The Atlantic’s January/February 2024 special issue, 24 writers imagine what a second Trump term would look like.

After noticing that the top X articles on the Atlantic webpage Monday were about how horrible a second Trump term would be, I noted they were all from a January/February 2024 “special issue, and that the block-quote was the banner at the top of the page.

How do we deal with Trump? Indictments boost him. An Atlantic special issue full of warnings (probably ranging from sober to highly speculative) may add as much support as it peels off. Yet how dare we remain mute?

I said when Trump won in 2016 that it marked a major political realignment. I think I underestimated it.

The extent of support for Donald Trump strikes me as an apocalypse:

“Apocalypse” has come to be used popularly as a synonym for catastrophe, but the Greek word apokálypsis, from which it is derived, means a revelation.

(Wikipedia) You could also say “unveiling.” That’s why I say that support for him is an apocalypse, not (just) that a second term would be a catastrophe.

What that apocalypse reveals, I’m starting to think, is that roughly half of Americans are finished with liberal democracy and want a populist strong man. And I suspect that half would say, in essence, “Why shouldn’t we be finished with it? That procedural fetish has not done well for me and mine.”

It might be prudent to “shut up and keep your head down,” but that’s never been advice I was inclined to take.

Reform the Insurrection Act!

The Insurrection Act, which dates back to 1792 but has since been amended, is not, however, well drafted. And its flaws would give Trump enormous latitude to wield the staggering power of the state against his domestic political enemies.

…

When you read misguided laws like the Insurrection Act, you realize that the long survival of the American republic is partly a result of good fortune. Congress, acting over decades, has gradually granted presidents far too much power, foolishly trusting them to act with at least a minimal level of integrity and decency.

Trump has demonstrated that trust is no longer a luxury we can afford.

David French

Novelty Cons

George Santos was, for now at least, the ultimate Novelty Con:

I’m a college-educated white woman/black man/gay man/Latina/[some combination of the previous] under 40, and I am ready to repeat today’s GOP talking points!” That is the entire value proposition, but it works.

Kevin D. Williamson.

Williamson continues:

Republicans have long been starved for novelty. From its founding in the Little White Schoolhouse in 1854 until 2016, the Republican Party was fundamentally the same thing the whole time: the party of heartland businessmen’s conservatism. …

There is a kind of devolutionary force at work among the Novelty Cons. Ann Coulter may play a crazy person on television, but she is smart and did real work as a real lawyer before she started doing … whatever it is she does now. Ben Carson is a brain surgeon. Michael Steele didn’t just wander in off the street and get made head of the Republican National Committee. 

George Santos, on the other hand, is pretty much a guy who wandered in off the street into the House of Representatives, saying, “Let’s put on a show!” Marjorie Taylor Greene is a QAnon kook who wandered in off Facebook. Lauren Boebert is a general-purpose incompetent who wandered in after accidentally poisoning people with bad pork sliders at a county fair in Colorado. Matt Gaetz’s grandfather died of a heart attack at the North Dakota GOP convention, being at that time a minor public official and, apparently, a clairvoyant. This gang represents what you might call the immaculate grift: grift liberated from the burden of trying to carry forward a real political program or philosophy, grift for grift’s sake, ars (of a sort) gratia pecuniae. Putting these people into Congress is like mashing up Carmina Burana with the Ghostbusters theme—yeah, you can do that, there’s no law against it as far as I know, but … why_?_ 

Santos was—is?—whatever anybody needed him to be, the ultimate Novelty Con: Gay! Jewish! (or “Jew-ish.”) Latino! Whatever! He is the epitome of what the Republican Party stands for (“stands for”) in 2023: the willingness to say anything, however transparently dishonest, absurd, or self-abasing, in the hope of winning an election. He mustered some half-formed talk-radio grunts about inflation and crime and the like, but Santos was a pretty straightforward product: a gay Latino willing to put an “R” next to his name, the political version of whatever the opposite of a beard is. That Rep. Santos finally embarrassed the party of Marjorie Taylor Greene, Matt Gaetz, and Lauren Boebert enough to get him expelled from the House is his only actual achievement in life.

I can’t say I’m proud of the GOP, but that enough Republicans joined Democrats to expel Santos makes me despise it a hair less.

Bespoke realities

There is a fundamental difference between, on the one hand, someone who lives in the real world but also has questions about the moon landing, and on the other, a person who believes the Covid vaccine is responsible for a vast number of American deaths and Jan. 6 was an inside job and the American elite is trying to replace the electorate with new immigrant voters and the 2020 election was rigged and Donald Trump is God’s divine choice to save America.

Such individuals don’t simply believe in a conspiracy theory, or theories. They live in a “bespoke reality.” That brilliant term comes from my friend Renée DiResta, the technical research manager at the Stanford Internet Observatory, and it refers to the effects of what DiResta calls a “Cambrian explosion of bubble realities,” communities “that operate with their own norms, media, trusted authorities and frameworks of facts.”

…

Combine vast choice with algorithmic sorting, and we now possess a remarkable ability to become arguably the most comprehensively, voluntarily and cooperatively misinformed generation of people ever to walk the earth. The terms “voluntarily” and “cooperatively” are key. We don’t live in North Korea, Russia or the People’s Republic of China. We’re drunk on freedom by comparison. We’re misinformed not because the government is systematically lying or suppressing the truth. We’re misinformed because we like the misinformation we receive and are eager for more.

David French

Progressives

The Westboro Baptist Church of the left

Meanwhile, pro-Palestinian protesters showed up to scream at Rosalynn Carter’s funeral this week. They also showed up to scream during New York’s Rockefeller Center Christmas tree lighting, which is up there alongside blocking highways at rush hour when it comes to winning over normal people. As the writer Josh Kraushaar put it: these guys are becoming the Westboro Baptist Church of the left.

Nellie Bowles

Ivy League besliming itself

In the hearings, [Harvard] President Gay actually said, with a straight face, that “we embrace a commitment to free expression even of views that are objectionable, offensive, hateful.” This is the president whose university mandates all students attend a Title IX training session where they are told that “fatphobia” and “cisheterosexism” are forms of “violence,” and that “using the wrong pronouns” constitutes “abuse.” This is the same president who engineered the ouster of a law professor, Ronald Sullivan, simply because he represented a client, of whom Gay and students (rightly but irrelevantly) disapproved, Harvey Weinstein.

This is the same president who watched a brilliant and popular professor, Carole Hooven, be effectively hounded out of her position after a public shaming campaign by one of her department’s DEI enforcers, and a mob of teaching fellows, because Hooven dared to state on television that biological sex is binary. This is the president of a university where a grand total of 1.46 percent of faculty call themselves “conservative” and 82 percent call themselves “liberal” or “very liberal.” This is the president of a university which ranked 248th out of 248 colleges this year on free speech (and Penn was the 247th), according to the Foundation for Individual Rights and Expression. Harvard is a place where free expression goes to die.

The critics who keep pointing out “double standards” when it comes to the inflammatory speech of pro-Palestinian students miss the point. These are not double standards. There is a single standard: It is fine to malign, abuse and denigrate “oppressors” and forbidden to do so against the “oppressed.”

…

If a member of an oppressor class says something edgy, it is a form of violence. If a member of an oppressed class commits actual violence, it’s speech. That’s why many Harvard students instantly supported a fundamentalist terror cult that killed, tortured, systematically raped and kidnapped Jews just for being Jews in their own country.

Andrew Sullivan.

Jordan Peterson made the same point, in a different context, that Sullivan makes in the penultimate paragraph: “It isn’t hypocrisy, it’s hierarchy.” Oppressed are higher status than oppressors; Jews are definitionally oppressors because they are coded “white.”

This is called “progressive.” I don’t care to protect the reputation of progressivism, so I’m not going to concern-troll on its behalf. Fly your freaky flags, progressive America! Let your offensiveness be stand in stark relief to sanity!

It’s times like this when I understand (not to say “agree with”) the rightwing insistence that every presidential election is existential, and that the Ds are far worse than the Rs.

So walk on air against your better judgement

(Seamus Heaney)

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, 11/16/23

Culture

Mind-bender

As we are wont to do, we sent “help” to Rwanda after genocide there. At least one, they got a tart and stinging reception:

We had a lot of trouble with western mental health workers who came here immediately after the genocide and we had to ask some of them to leave. They came and their practice did not involve being outside in the sun where you begin to feel better, there was no music or drumming to get your blood flowing again, there was no sense that everyone had taken the day off so that the entire community could come together to try to lift you up and bring you back to joy, there was no acknowledgement of the depression as something invasive and external that could actually be cast out again. Instead they would take people one at a time into these dingy little rooms and have them sit around for an hour or so and talk about bad things that had happened to them. We had to ask them to leave.

A Rwandan talking to a western writer, Andrew Solomon, about his experience with western mental health and depression. Via Letters.

Strange congruence

It’s a real dog-bites-man story, to write about how religious liberalism is dying. But Ryan Burge, a political scientist who specializes in religion (and a pastor of a liberal Baptist congregation), notes a new academic paper producing more evidence that liberals abandon religion, while conservatives find churches where they feel comfortable with their politics. Read the paper via the link.

Via Rod Dreher (emphasis added).

I consider it a shame and a scandal that there should be a measurable link between conservative politics and religiosity. I could be wrong — specifically, I could be over-reacting to the toxicity of so much of American politicized religion (the bane of my existence for more than 30 years) — but I think authentic Christianity is substantially orthogonal to American political categories, or at least can accommodate a bit more than center-left to center-right. Churches should make very few feel like aliens because of their politics.

Magnificent scatological rant

Silicon Valley’s worldview is not just an ideology; it’s a personality disorder. It even drove me to the dictionary twice. (I had no idea what a fluffer was.)

City Lights go out

On Monday, Rachel Swan reported for the San Francisco Chronicle:

Czech TV journalist Bohumil Vostal was capturing what he thought would be a majestic shot — San Francisco’s iconic City Lights bookstore, steeped in the gathering dusk — when three masked assailants approached with guns pointed.

“They were heading at my camera man, aiming a gun at his stomach, and one at my head,” Vostal said in an interview Monday, growing breathless as he recounted the harrowing incident at 5 p.m. the night before.

…Like many reporters, Vostal had seen news coverage of unruly shoplifters, open-air drug markets and commercial vacancies, but he hoped to portray the city in a more positive light…

The Chronicle notes that Mr. Vostal and his colleagues are from a public television station, so perhaps they were just as eager as U.S. public broadcasters to paint flattering portraits of jurisdictions run by leftists. But that was before the harrowing incident. And if you’ve lost Bohumil Vostal, you’ve lost middle America.

Heather Knight [reports](https://www.nytimes.com/2023/11/14/us/san-francisco-apec-czech-reporter.html#:~:text=The thieves grabbed $18,000 worth,lost all of his footage.) for the New York Times:

The thieves grabbed $18,000 worth of equipment, including a camera, lights and a tripod, and jumped into a getaway car as a stunned Mr. Vostal futilely tried to memorize its license plate.

“They took my research, my time, my ideas,” Mr. Vostal said, distraught that he lost all of his footage. “That is why I’m angry, you know?”

James Freeman, Wall Street Journal

I’m not gloating. I’m not feeling schadenfreude. I was fond of San Francisco, though I visited only once and only very briefly. Now they’ve taken it away by crime.

I’m not certain, though, about the Wall Street Journal’s habitual spin about “jurisdictions run by leftists” or such. My midwestern city is hugely more crime-ridden than when I was growing up, and it’s run by Chamber of Commerce types from center left to, occasionally, center-right (the further right seems unable to field appealing candidates).

Authoritarian, Totalitarian

“To grasp the threat of totalitarianism, it’s important to understand the difference between it and simple authoritarianism. Authoritarianism is what you have when the state monopolizes political control. That is mere dictatorship—bad, certainly, but totalitarianism is much worse. According to Hannah Arendt, the foremost scholar of totalitarianism, a totalitarian society is one in which an ideology seeks to displace all prior traditions and institutions, with the goal of bringing all aspects of society under control of that ideology.

Rod Dreher, Live Not by Lies.

Two lawyers agree: lawyering is for lawyers, and in courtrooms

David French: You know, I’m glad you said what you said about the importance of legal advocates because I mean, it’s just absolutely indispensable as a truth seeking mechanism to have smart people on 100% on the side of their respective clients, but I haven’t found a better way to get to truth.

Sarah Isgur: Haven’t found a better way.

David French: But for that Sarah that I think people haven’t really absorbed and that the “but” is that only works in the court system, okay.

Because in the court system you have rules of evidence you have rules of decorum you have all of that energy, and advocacy is channeled through a code of ethics into a formalized system where your advocacy is tested in front of an impartial judge or impartial jury, where you have a capable opponent, where you have rules of evidence.

Here’s what’s really hurting our society, is we have people who adopt a lawyer mentality in life, in activism writ large, where there aren’t rules of evidence, where there aren’t codes of ethics, and so what’s happening is we’re having this activism-driven world, where people are approaching their political cause, or their political candidate, with all the zeal that a lawyer has for their client and none of the rules and none of the limitations. And it’s creating this activist-driven culture where, as opposed to in courts, where the two advocates going at each other is a truth-seeking function because it’s channeled through all the rules with an impartial jurist. And outside of the courtroom, that same zealous advocacy mindset. becomes a truth-obscuring function. And it’s one of the reasons why we have such a problem with just knowing basic simple facts in this country right now is that we have two sides that are treating their life as partisans as if they’re lawyers unbounded by rules of ethics.

And that is really destroying … our society’s truth-seeking ability because it’s a bastardized form of the truth-seeking function we pour into our court system. And this activist mindset and the sort of activist ethos is really sort of eating our institutions alive, and so, yeah, it’s honorable to be a lawyer as a lawyer in a court system. If you’re going to take the lawyer mindset, just as a citizen, talking about your sort of favorite ideas or your political ideas. political party or your candidate, et cetera, you’re missing it, you’re missing it.

We need a lot more jurists, people who are trying to discover the truth, then we need more activists, and we’re overrun with activists right now.

Advisory Opinions

Add the vote of this retired lawyer to those of David and Sarah.

Half right

Subsidies for electric vehicles are a huge mistake. These cars are conceptually the same battery and motor as a fourth-grade science project—not a great innovation. And given high prices for EVs, subsidies are mainly a giveaway to the already well-off. If you add up carbon emissions from manufacturing, daily use and end of life, EVs have total life-cycle emissions 30% lower than gasoline-powered autos. In Silicon Valley, something is considered truly transformational if it’s 10 times better, not a third.

Andy Kesler, Wall Street Journal. Kesler thinks that infrastructure for autonomous cars is a better investment. He makes a good case, but I can’t entirely shake Matthew Crawford’s Why We Drive

Political-ish

Looking back

The reality of Biden becoming president on Wednesday is too difficult to square away, so it is simply not being squared. Instead, some are falling deeper into delusion, expanding a divide on the right that New York Times columnist Ross Douthat called “not a normal ideological division or an argument about strategy or tactics, but a split between reality and fantasy that may be uniquely hard for either self-interest or statesmanship to bridge.”

Rosie Gray, Trump Supporters’s Break With Reality Will Outlast Him, January 18, 2021.

I’d say she nailed that. We have not bridged it yet, nearly three years later, and I don’t even see much progress on bridge-building.

Contrasting demeanors

Trump has built a base of fanatic messianic support on the right preaching that America is terrible and only he can save it. Scott, essentially, is arguing that America is wonderful and his ascension to the Senate in the first state to secede from the Union before the Civil War proves it. For the party to suddenly shift from Trumpism to Scottism would be as disorienting and unlikely as shifting from, er, Tea Party conservatism to Trumpism.

Nick Cattogio, How Tim Scott Wins, published May 5 of this year.

Judging by his own rhetoric, Trump’s become the most overtly fascist major-party candidate in American history, yet he’s trouncing respectable opponents like Tim Scott in the Republican primary and would likely defeat Biden if the election were held today. How can that be? Do American voters agree with the right about “what time it is”? (You wouldn’t know it from last week’s election result.) Or have they not realized yet what they’re getting themselves into?

Nick Cattogio, What Time It Is

I hope you don’t need my commentary on this

Mike Davis, who’s a likely pick for Attorney General in a restored Trump administration, has listed five top-priority agenda items for such a restoration:

  1. Fire members of the deep state executive branch [using Schedule F reform];
  2. Indict the entire Biden family;  
  3. Deport 10 million people;
  4. Detain people at Gitmo;
  5. Pardon all people serving time or on trial for acts undertaken on January 6.

Via Damon Linker

The human voice: That we can sing seems basis for conjecture that, despite our stupidities and our sinfulness, we might be the reason the universe exists.

Alexander Riley

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.

Kristallnacht 2023

Today is the 85th Anniversary of Kristallnacht.

If you don’t know, look it up (and may God have mercy on your soul).

Culture

Swifties

I do not follow Taylor Swift (I know that she has not taken on the affect of a whore, a pop music rarity I appreciate), but other sure do — even the august Economist:

Taylor Swift’s re-recording of her album “1989” sold nearly 1.7m copies in its first week post-release, surpassing the 1.3m sales of the original in 2014. The pop singer started re-recording her albums in 2021 as a way of regaining control of her master tapes, after Big Machine, her former record label, sold the original masters to Scooter Braun, a music mogul.

Pretty sharp thinking, that — and another 1.7 million album sales to boot.

VR

Virtual reality is friction-free. The dissidents are removed from the system. People get used to that, and real life seems intimidating. Maybe that’s why so many internet pioneers are tempted by going to space or the metaverse. That sense of a clean slate. In real life, there is history.

Sherry Turkle at Crooked Timber

Humblebragging

David Bernstein’s conclusion to Bill Ackman’s Letter to Harvard re Widespread Antisemitism on Campus

The Jewish intellect

May heaven have mercy on the European intellect if one wanted to subtract the Jewish intellect from it.

Walter Kaufmann in his translator’s preface to Basic Writings of Nietzsche.

Things nobody’d dare say today

If ever an oppressed race existed, it is this one we see fettered around us under the inhuman tyranny of the Ottoman Empire. I wish Europe would let Russia annihilate Turkey a little—not much, but enough to make it difficult to find the place again without a divining-rod or a diving-bell.

Mark Twain, The Innocents Abroad

Did we forsake our sin or vice-versa?

Fewer men are needed as gang workers in the fields: slavery has become uneconomical.

Ivan Illich, Tools for Conviviality

(But I’m sure we abolished slavery purely out of the goodness of our hearts. Right?)

The Feast of Hot Takes

In many cultures, holidays are celebrated in tandem, on consecutive days. Halloween is followed by the Day of the Dead; Christmas is followed by Boxing Day; Thanksgiving is followed by Black Friday; New Year’s Eve is followed by, uh, New Year’s Day.

There’s a special pairing for pundits: Election Day is followed by The Feast of Hot Takes.

On The Feast of Hot Takes, you gather piecemeal results spread across different regions from the previous evening and arrange them to form a mosaic that perfectly matches your priors.

Nick Cattogio

Politics

At or over the brink

I have been a reluctant liberal democrat (small l, small d) because I cannot think of a better and more just way to govern a fractious, highly diverse polity like the United States. Christian nationalism? It could work in Hungary, which is far less religious but far more monocultural than America, but it is very hard to see how America could pull it off and remain a democracy. Anyway, whose Christianity? The Catholic integralists? The Calvinist integralists? Seems to me that if we Christians can’t keep our own churches from bleeding out, the idea of ruling the country is a pipe dream.

… Please understand, I want to live in a properly liberal democratic society. But liberal democracy doesn’t exist outside of a context. You have to hold prior beliefs that serve as a foundation for equal treatment under law, for free speech, freedom of the press, freedom of assembly, freedom of religion, and all the rest. The moment, for example, that you believe that some people deserve preferential treatment under the law because of their race, sexual orientation, or gender identity, you have largely ceased to be a liberal democrat, whether you know it or not.

… [I]f it comes down to a choice of having to support Caesarism as a way to protect the rights and interests, and even the lives, of my family and people I care about, or keep bowing to the idol of liberal democracy while the radical Left takes over, then I’ll be a reluctant Caesarist.

Rod Dreher (italics added).

Despite my italics, it’s that last paragraph that’s the most dangerous, because millions of MAGA Americans have concluded (delusionally, I think) that it has come down to that — that the Democrats truly are an immanent and existential threat. (I understand that the Democrats may reciprocate, but despite not having voted Democrat in a Presidential race since 1972, I’m more sympathetic to their conclusion than the MAGA conclusion. See the next item.)

I read a bit about the French Revolutionaries very recently, and they brought to my mind not Antifa, but MAGAworld; not the Summer of 2020 but January 6, 2021.

But in the spirit of refusing to pick my poison, I remain a reluctant liberal democrat who expects for vote for neither major-party POTUS candidate next year.

More Dreher:

The message is clear: … the people vote the way the ruling class in the US and western Europe want, and you’ve got a democracy; if not, well, there’s nothing wrong with your authoritarian bigot country that a Washington-financed Color Revolution can’t fix.

There’s truth in that even if Rod’s catastrophism has pushed him to or over the edge.

Why the far Right is worse than the far Left

Trump’s extremism isn’t mainly a function of policy commitments, however much his positions on immigration, trade, and foreign policy are heretical in the context of the Reaganite conservatism that dominated the GOP from 1980 until 2016. No, Trump is a threat to American democracy primarily because of his tactical extremism—that is, his indifference to the rule of law, procedural norms, and above all his defiance of the democratic rules by attempting a self-coup in the two months following the 2020 election. Not even the most radically left-wing faction of the Democratic Party has shown any indication of favoring such flagrantly anti-democratic tactics for gaining and holding political power.

…

The right-wing media ecosystem is a machine that runs on the fallacy of composition.

Damon Linker. As hinted, I’m inclined to agree with Linker in the rather abstract way of one committed to despising both major parties.

DeSantis’ disqualifying “signature move”

Just once, … I’d like to see [Ron DeSantis] debate without proposing a policy that violates the Constitution. Yet there he went again, proposing plainly unconstitutional summary executions for fentanyl smugglers at the border and bragging about violating the First Amendment rights of pro-Palestinian student groups on Florida campuses. Unconstitutional policymaking is a divisive waste of time, but that remains DeSantis’s signature move.

David French, part of a New York Times panel analyzing performances in the third GOP Presidential debate.

DeSantis isn’t just shooting off his mouth. Several of his “successful” signature legislative initiatives in Florida have been unconstitutional.

Jamelle Bouie, on the same panel, had one of his periodic flashes of insight:

Ron DeSantis cannot escape the fact that it makes no real sense to try to run as a more competent Donald Trump, for the simple reason that the entire question of competence is orthogonal to Trump’s appeal. There’s not really much of an audience in the Republican primary electorate for what DeSantis is trying to sell, and it doesn’t help him that it seems he hates being a salesman of any sort.

That really wraps up my impression of DeSantis and puts a bow on it.

A flash of sanity; settled mendacity

It’s not a question between right versus left anymore. It’s normal versus crazy …

Arkansas Governor Sarah Huckabee Sanders says something sensible. Unfortunately, she didn’t stop there:

… and President Biden and the left are doubling down on crazy.

Wut?!?!

Bummer of the day

I had understood that the poll showing Trump ahead of Biden in six swing states was a piece of crap that only called landlines. That was encouraging.

Unfortunately, it appears to have been false:

The New York Times/Siena College polls of 3,662 registered voters in Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin were conducted in English and Spanish on cellular and landline telephones from Oct. 22 to Nov. 3, 2023. When all states are joined together, the margin of sampling error is plus or minus 1.8 percentage points for all registered voters and plus or minus 2 percentage points for the likely electorate. The margin of sampling error for each state poll is plus or minus 4.4 percentage points in Arizona, Michigan and Nevada, plus or minus 4.5 points in Georgia, plus or minus 4.6 points in Pennsylvania and plus or minus 4.8 points in Wisconsin.

So now I’m relying on my impression that those margins of error are awfully big.

Silver lining: My home state is still showing solid red, which means I at least can again vote my conscience instead of trying to suss out who’s the lesser evil between the major parties.

The Left Made Us Do It!

So how did a party and a political movement that once saw itself as a vanguard of objective truth end up on the side that gets to make up its own facts, its own scripts, its own realities?

Rich Tafel, the chief executive of Public Squared, developed a training called Cultural Translation, which teaches participants how to find shared values to build bridges across different worldviews. He told me the narrative he’s heard from people on the right is that they tried fighting the left for years, nominating admirable people like John McCain and Mitt Romney, but these leaders failed to understand how the game had changed. “Those on the right argue that claiming that there are objective truths and hard realities didn’t work against the identity politics of the postmodern left,” according to Mr. Tafel. “Now, they’d say, they are playing by the same rules.” In fact, he said, “MAGA has weaponized postmodernism in a way the left never did.”

Mr. Tafel added that MAGA world “likes the trolling nature of the postmodern right and the vicious attacks” against those they oppose. “The right likes the snark, irony and sarcasm of it all.”

Peter Wehner, Donald Trump Has Closed the Republican Mind

A fundamental reality of human existence is that vice often leaves virtue with few good options. Evil men can attach catastrophic risks to virtually any course of action, however admirable.

David French

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, 8/12/23

Culture

Literature versus mere words

Jon Fosse

Some insights into Nobel Literature Laureate Jon Fosse:

You don’t read my books for the plots …

Jon Fosse to the Financial Times in 2018.

I don’t write about characters in the traditional sense of the word. I write about humanity

Jon Fosse to Le Monde in 2003.

[T]he book doesn’t say something; it does something—it works on us, giving us a kind of experience that’s impossible to get any other way.

Damion Searls of Jon Fosse, who Searls translates.

Despite my backlog of bought books, I’ve got a feeling that Fosse’s Septology is in my future.

The Bunkinator

Whatever you think about Arnold Schwarzenegger, his films, or his donkey, his book—Be Useful: Seven Rules for Life—is bunk: “Permit me to save you the trouble of finding out for yourself: Be Useful is a raw deal, a hollow PR exercise filled with precepts and quips but devoid of self-awareness or humility. You might be swayed by Arnie’s touching faith in bipartisanship and the need to tackle the climate crisis or moved by his tales of heroic procurement of personal protective equipment during the early days of the COVID-19 pandemic. But as a pitch for Marcus Aurelius status (the erstwhile emperor is thanked in the acknowledgments), it’s thoroughly expendable — an overpromoted TED Talk, just another cross-promotional weapon in the Schwarzenegger multimedia arsenal.”

Charles Arrowsmith, Sensei Schwarzenegger? The Governator attempts a reboot with a pallid self-help book via Prufrock

Stop Reading the News

This one’s aimed at me, but you might benefit, too:

We’re all connected. The planet is a global village. We sing “We Are the World” while swaying back-and-forth in harmony with thousands of others, holding our tiny lighters. This sense of empathy, magnified a thousandfold, feels wonderfully soft and cozy end yet it achieves absolutely nothing. This magical sense of all-encompassing, worldwide fellowship is a gigantic act of self-deceit. The fact is, consuming the news does not connect to other people and cultures. We’re connected to each other because we cooperate, trade, cultivate friendships and relationships, fall in love.

Rolf Dobelli, Stop Reading the News.

From my earliest youth, I understood that keeping up on current affairs was considered the lowest of low bars for good citizenship. I now seriously doubt that — though I really appreciate our local retired ink-stained wretch’s Substack, which in some ways outperforms his former employer’s newspaper in coverage of relevant local news (where individuals might influence things).

The present madness

Gate-crashers

But they identify as Women in Tech: There is a conference for women in tech, a group we used to care about a lot. It’s called Grace Hopper Celebration of Women in Computing, after the pioneering computer scientist. And since 1994, it’s been a place for women in the industry to gather, meet with recruiters, and hear female leaders talk onstage, though more recently the conference has opened to women and nonbinary folk. Something strange occurred this year: a ton of people signed up, claiming to be nonbinary. Those people happened to look a lot like what we used to call men. An event organizer took to the stage to say: “Simply put, some of you lied about your gender identity when you registered.” But how can they know this? What special test is there for nonbinary identification? Having more than two earrings? Hating your dad? 

Suddenly, NPR was engaging in transphobic gender essentialism, writing that “men took over” the job fair. Suddenly it was very, very easy for NPR to see that men would take advantage of gender self-ID to get into a women’s space. But it remains impossible to imagine a man would also do this to get into, let’s say, a women’s prison, or a women’s-only hospital ward, or a rape crisis center, or a domestic violence shelter, or a women’s changing room, or a women’s bathroom. You see, the women in prison are poor and are not friends with NPR employees; the women at the tech conference went to Barnard! Big difference. 

Speaking of something no one would never take advantage of—sports. The Swimming World Cup announced a whole new category this year for trans and gender-nonconforming folks to compete. I think it’s great—everyone who wants to race ought to be able to race, and this seemed really logical. Weirdly, when barred from competing against biological women but instead offered a trans category. . . no one signed up. World Aquatics, the governing body of the Swimming World Cup, announced this week they plan to try again. 

Nellie Bowles

Triggers

Life is triggering. Part of being an adult is learning to take responsibility for your feelings instead of insisting that it’s the world’s responsibility not to trigger you.

Coleman Hughes, whose TED Talk advocating color-blindness somehow has not yet been published. Reports of the reason(s) vary, and I’d only be revealing my cognitive bias if I noted that the true reason is obviously that some malcontent progressives at TED prefer antiracism™ to color-blindness.

(Oops!)

(Via Andrew Sullivan)

Rootedness and identitarianism

In all the time I have spent with people who live in genuinely rooted cultures – rooted in time, place and spirit – whether that be here in the remnants of rural Ireland, in indigenous communities in Mexico, Papua or India, on some of the last small farms in England, or simply talking to Maori or Native American or Aboriginal Australian people, I have been struck by one fact: people don’t tend to talk much about their ‘identity’ unless it is under threat. The louder you have to talk about it, the more you have lost. Once an entire country is talking about nothing else, that’s a pretty good sign that the Machine has sprayed the roots of its people with Roundup and ploughed the remains into the field.

Paul Kingsnorth

Theory belied by practice

The legislation also demonstrates one of the oddest results of the modern emphasis on the radical freedom of the individual. In such a world, all must theoretically be allowed to have their own narratives of identity. But because some narratives of identity inevitably stand in opposition to others, some identities must therefore be privileged with legitimate status and others treated as cultural cancers. And that means that, in an ironic twist, the individual ceases to be sovereign and the government has to step in as enforcer. The lobby group of the day then decides who is in and who is out, with the result that, in this instance, the gay or trans person who wants to become straight or “cis” (to use the pretentious jargon), cannot be tolerated. His narrative calls into question that of others. We might say that his very existence is a threat. To grant any degree of legitimacy to his desire is to challenge the normative status of the desires of others.

Carl R. Trueman, Prohibiting Prayer in Australia (emphasis added)

Boo-boo about BOBOs

“The educated class is in no danger of becoming a self-contained caste,” I wrote in 2000. “Anybody with the right degree, job, and cultural competencies can join.” That turned out to be one of the most naive sentences I have ever written.

David Brooks, How the Bobos Broke America

What the happy man does

If any human acts may loosely be called causeless, they are the minor acts of a healthy man; whistling as he walks; slashing the grass with a stick; kicking his heels or rubbing his hands. It is the happy man who does the useless things; the sick man is not strong enough to be idle.

G. K. Chesterton, Orthodoxy

Politics

Backlash

Back in October of 2020, when Amy Coney Barrett was teed up to replace the Notorious RBG, Emma Green wrote:

Others believe Supreme Court victories for the anti-abortion-rights movement could be Pyrrhic, prompting a cultural backlash that will tilt public opinion in favor of expanded abortion rights.

At Least You Get a Judge Out of It

At the time, I annotated her observation:

I believe that fairly strongly. If the Supreme Court reverses Roe, thus returning the issue to the legislative process, we will see a lot of fake pro lifers change the tune they’ve been whistling. That’s why I long ago stopped fetishizing a human life amendment or a supreme court reversal of Roe v. Wade. We are saving more lives through crisis pregnancy centers. (On the other hand, the legislative process is precisely where the issue truly belongs, because the constitution is silent about it.)

I was wrong about the fake pro lifers abandoning the cause. Instead we saw, in the reddest of states, a Gadarene rush toward total abortion bans, no exceptions. I definitely did not foresee that.

I suspect that overreach, not the reversal of Roe v. Wade standing alone, is what has indeed created a backlash. Meanwhile, the media blackout on the Democrats’ opposite abortion extremism remains.

Effective LARPing the dark side

Of Donald Trump, Ted Cruz, Josh Hawley (and probably a few others):

[L]ike so very many elite members of the Republican Party, they’re standing well outside the white working class while they role-play a dark caricature of its values and interests. And all too many members of the American working class are eager to embrace that caricature. They soak up the pandering and pledge their loyalty in return.

David French

Radioactive

As a religious conservative, watching the MAGA Religious Right rally at the Jericho March was a red pill experience for me … The joining of religious faith to conspiracy theory, and the juicing it with nationalist fervor, and Trumpist cult of personality — it was radioactive.

Rod Dreher

Impenetrable Illogic

Then came a climactic mystification. There came along the first Yugoslavian ticket-collector, a red-faced, ugly, amiable Croat. The Germans all held out their tickets, and lo and behold! They were all second-class. My husband and I gaped in bewilderment. It made the campaign they had conducted against the young man in coffee-and-cream clothes completely incomprehensible and not at all pleasing. … young man turned out of the carriage because he had a second-class ticket,’ they would have nodded and said, ‘Yes,’ and if I had gone on and said, ‘But you yourselves have only second-class tickets,’ they would not have seen that the second statement had any bearing on the first; and I cannot picture to myself the mental life of people who cannot perceive that connexion.

Rebecca West, Black Lamb and Grey Falcon.

We are once again to a point where the reasoning of some of our fellow-citizens is impenetrable.

The Druids strike!

John Michael Greer, former Grand Archdruid of the Ancient Order of Druids in America, sees and seizes his opportunity: How magical combat can win the next election: Only a powerful spell can break our political disillusionment

Hiatus

I will be traveling on a tour of parts of Greece and a pilgrimage to Mount Athos, an Orthodox monastic Republic, and likely will not be posting again until sometime the week of October 22.

A fundamental reality of human existence is that vice often leaves virtue with few good options. Evil men can attach catastrophic risks to virtually any course of action, however admirable.

David French

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.

Wednesday, 8/9/23

Dumbest idea of the week

Reading more poetry? That’s a great thing. Reading a book of poetry a day? That’s a 100% guarantee that you will get almost nothing from your reading. Better: Read one lyric poem a day, but read it five times.

Alan Jacobs

It is a marker of impending doom that anyone could start a movement like reading a book of poetry per day as a tool of self-improvement. I guess being able to Tweet that or post a Facebook brag now passes for self-improvement.

Frankly, poetry bored me when I was young. Now that I know better, any tutoring I got in how to read poetry is long forgotten.

I now read poetry amateurishly almost every day, but I rarely read more than three pages in a row unless a single poem is longer than that. (Currently reading my first Geoffrey Hill, by the way.)

Nominal state, parastate redux

Related to my Tuesday post on “The nominal state and the parastate” is an extremely long post by N.S. Lyons at The Upheaval on how the U.S. and China are traveling separate paths to the common end of managerial totalitarianism. (H/T Rod Dreher). Unherd published a much-shortened version on the 9th.

It always hits me extra hard when two thinkers I respect spend hours and hours and hours writing long, thoughtful pieces, in much different ways, about a situation I’ve paid little attention to. Such are N.S. Lyons today and Matthew Crawford yesterday (as I write).

We need a law against debanking for thought crimes, and a constitutional right to use cash rather than digital short-cuts. I say that as one who uses those shortcuts a lot. But frictionless efficiency isn’t worth the downsides.

Put on your big boy pants and live with it

Yeah, sometimes you have imposter syndrome. And sometimes you feel like an imposter because you actually do suck at what you’re trying to do. Sometimes she’s not a narcissist, she just doesn’t love you the way you want her to, and she never will. Sometimes you don’t have ADHD, you just hate your job. Sometimes your boss isn’t a sociopath, he’s just correctly identified you as unqualified for a leadership position. Sometimes you really do have schizophrenia, only there’s nothing glamorous or exciting or romantic about it, and now you’re fat from meds and trying to hold down a steady job and going to support group to drink grainy coffee and hear people tell the same stories over and over again. And sometimes you’re just in pain because the world didn’t turn out the way you wanted it to, and you’re trying to scratch out a life you can live with, and you get overwhelmed with your mundane unhappiness on the subway home from work, and you think to yourself that it must be true that your suffering is something grander, something that calls out for medical attention and reasonable accommodation, something more that makes it easier. But it isn’t and it doesn’t and there isn’t and you’re just another good, deserving human being filled with the pain of being alive. I’m sorry. I am genuinely so sorry. You wanted things, and you didn’t get them, and it hurts. You wanted to be something else, and you’re what you are, and it hurts. You thought life would be more than it is, and it isn’t, and it hurts. Me too. All of it hurts. So let it hurt.

Freddie deBoer, concluding what Alan Jacobs considers one of his best columns ever.

I re-read C.S. Lewis’ The Great Divorce yesterday, and I’m struck by how closely many of Lewis’s “ghosts” fit the assumptions of Freddie’s “therapeutic/affirmational mode.”

The pander bear comes to NR

Andrew C. McCarthy of National Review has now twice published bullshitty misrepresentations of the latest Trump federal indictment. So says Ken White, a/k/a Popehat. I’ve haD to take Popehat’s word for it because my NR subscription lapsed and they won’t let me view diddly-squat there now. But now Johah Goldberg is having him on The Remnant podcast, so I can hear from the horse’s mouth.

So why might McCarthy, a former federal prosecutor like White, be doing a bad thing that looks like carrying water for Trump? Per White:

He’s not pro-Trump. But he’s anti-anti-Trump. He’s anti-Biden, anti-the-Department-of-Justice-pursuing-Republicans, anti-”deep state”) (well sort of), anti any application of the rule of law that might benefit Democrats. Plus, he’s very pro-the National Review being kept alive and relevant. The National Review is under siege from a frothingly crazy pro-Trump right, and if it’s not entirely willing to join the crowd, it’s certainly willing to indulge in deceitful critiques of anyone criticizing Trump.

Every word of that rings true. (Be it noted that I didn’t drop NR the better to pursue “frothingly crazy pro-Trump right” stuff, but rather to exit a kaleidescope of mostly-mediocre writing with no theme except pandering a little bit to every kind of conservative they recognize.)

Anthropologists in flyover country

[Walter] Kirn, for different reasons, worked the … territory for Time, GQ, and Esquire. “Knowing that I had grown up in Minnesota and then moved to Montana, my editors decided I would be their American correspondent,” he says. “I kept being asked to do these stories, which I started to feel were setups, in which I was supposed to make the safari into deepest, darkest America and come back with tales of how bizarre and ridiculous people were. And often they were bizarre and ridiculous, but not for the reason my editors thought.” Now, he says, “I don’t have to be defensive anymore, and I can actually, probably with a good clear conscience, show how bizarre everything is because I don’t feel I’m being asked to.”

Ash Carter, David Samuels and Walter Kirn Talk “County Highway,” Their New Magazine

Slitting our throats with Occam’s Razor

It is no accident, says [Iain] McGilchrist, that the Reformation and the Scientific Revolution came along at more or less the same time. These are manifestations of a more disembodied, left-brain way of seeing the world. The entire modern history of Western culture—through the Enlightenment, the Industrial Revolution, and all that has followed—is what you get from an intellect that values quantity over quality, that knows the price of everything, but the value of nothing.

It is hard to summarize a book as complex as The Matter With Things, a book of popular science and cultural analysis that is intimidatingly long … The argument goes like this: the picture of reality taken as objectively true by the modern mind, under the tyranny of the left brain, is, in fact, seriously distorted—and is killing us. This is something we all feel.

… The book is a powerful refutation of ‘nothing-buttery’—of the idea that reality is nothing but the sum total of its parts. It contends brilliantly that Occam’s Razor—the claim that the simplest explanation of a phenomenon is probably the best one—is a cognitive tool with which the modern world is slitting its throat.

Rod Dreher, praising Dr. McGilchrist in the European Conservative

Wordplay

Democracy

Forgive my sarcasm, but it seems U.S. leaders just ignore the will of the people when they are so busy spreading democracy.

Hal Freeman, who I always take with a grain of salt, but who seems on-the-nose here about aspects of our involvement in Ukraine.

Augment

“These are not additional forces,” said Lt. Gen. Douglas Sims, the director of operations for the Joint Staff. “These are forces that will augment what we already have there.”

TMD

transitive verb
1: to make greater, more numerous, larger, or more intense
The impact of the report was augmented by its timing.
2: supplement
She took a second job to augment her income

(Merriam-Webster)

Beautiful minds

Dot-connectors and beautiful minds will use the deep state as a conceptual crutch to explain great national traumas.

Eli Lake, Hunter Biden and the ‘Deep State’.

I watched the movie A Beautiful Mind completely unaware of the plot arc, so it left a big impression when, shall we say, the plot turned. So “beautiful minds” strikes me as a great deprecatory coinage.

Jeremiah 5:19

Because you served foreign gods in your land, so you shall serve foreigners in a land not yours.

Jeremiah 5:19 (Orthodox Study Bible)

Luxury beliefs

I cannot help but feel grateful to Rob Henderson for his 2019 ’Luxury beliefs’ are latest status symbol for rich Americans.

Groomers

Rightwing commentators seem to have realized that they won’t have George Soros to demonize forever, so they’ve started grooming Bill Gates to take his place.

Political ethics

[The Dispatch is] one of the last few right-wing media outlets in America that doesn’t celebrate ruthlessness as a political ethic.

Nick Cattogio

Seeking continuity and stability

[M]an was not made to tread water endlessly in a liquid world.

R.R. Reno

On behalf of my Catholic friends, I object!

Out of the two dozen homesteaders I spoke with, most were religious—either Catholic or Christian ….

Home Is Where the Revolution Is | The Free Press.

Crooked

You shall love your crooked neighbor
With your crooked heart.

W.H. Auden

out of the crooked timber of humanity, no straight thing was ever made

Kant

Both quotes via L. M. Sacasas

Phubbing

Ignoring a partner in favor of your smartphone,

What Is ‘Phubbing,’ and How May It Hurt Your Relationship? – The New York Times

Peremalyvat

“To grind through”. The Russian verb is being invoked by forces on both sides of the war in Ukraine.

(Via The Economist)

Believing blue, living red

Yes, on a number of fronts Americans have more culturally progressive beliefs than they did, say, in 1990, yet by the tens of millions, they have more culturally conservative lifestyles than the generation before. It’s a phenomenon somewhat clumsily called “believing blue and living red.”

David French.

This clearly is related to the phenomenon of “luxury beliefs.”

Conspiracy shit beamed down from the mothership

… it’s tough to own any of this when it’s all just conspiracy shit beamed down from the mothership.

A Senior Trump Campaign Advisor explaining why they were 0-32 on court challenges of state presidential tallies. (Paragraph 25 of the August 1 indictment.)

Enormity

Before the 2020 Election, I thought Trump would leave the White House voluntarily if he lost. Anything else would be an enormity.

Caste privilege

History is a graveyard of classes which have preferred caste privileges to leadership.

Sociologist E. Digby Baltzell, writing decades ago, via David Brooks.

We are in the grip of a grim, despairing rebellion against reality that imagines itself to be the engine of moral progress.

R.R. Reno

The end of the world as we know it is not the end of the world.

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. I’m even playing around a bit here, but uncertain whether I’ll persist.

Monday, 8/7/23

Trump

Stopping Trump

[A]s has been the case since Mr Trump’s political rise began, the surest protection against his return to the White House would be for other Republican leaders to tell the truth, as [key GOP] state officials did after the 2020 election.

The Economist, Only politics, not the law, can stop Donald Trump

The more I think about it, the more I view Mitch McConnel’s wimping out on the second Trump impeachment as a terrible, terrible chapter in a distinguished political life. We could have avoided this narcissistic madman running for office again had the GOP any real balls.

Scienter and Trump’s deranged mind

In criminal law, “scienter” involves knowledge and intention. Premeditated murder is more serious than involuntary homicide, for instance.

Against that background, I think Peggy Noonan put her finger on something that could become important in the prosecution of last Tuesday’s indictment of Donald Trump”

It is argued that the indictment goes, uncomfortably, at Mr. Trump’s thinking: Did he believe what he said about the stolen election, or was he lying? This speaks to intent. His defenders argue that he believed it, and that even if he didn’t, he’d still be operating under First Amendment protections …

The question of what Mr. Trump believed strikes me as beside the point. Based on long observation, he doesn’t “believe”; he’s not by nature a believer. His longtime method of operation is to deploy concepts and approaches strategically to see what works. Put another way, he makes something up, sticks with it if it flies, drops it if it doesn’t, and goes on to “believe” something else.

Peggy Noonan

I’m not sure how that will play out in the hands of prosecutors, but it strikes me as astute and potentially an achilles heel for Trump.

A somewhat different take, or perhaps a different approach to the same basic take, is that of Michael Wolf, who has written three books about Trump:

… Mr. Trump’s unmediated fire hose of verbiage, an unstoppable sequence of passing digressions, gambits and whims, more attuned to the rhythms of his voice than to any obligation to logic or, often, to any actual point or meaning at all and hardly worth taking notice of.

…

I’ve had my share of exposure to his fantastic math over the years — so did almost everyone around him at Mar-a-Lago after the election — and I don’t know anyone who didn’t walk away from those conversations at least a little shaken by his absolute certainty that the election really was stolen from him.

…

The chaos he creates is his crime; there is, however, no statute against upsetting the dependable order. Breaking the rules — often seemingly to no further purpose than just to break the rules as if he were a supreme nihilist or simply an obstreperous child — is not much of a grand criminal enterprise, even though for many, it’s infuriating coming from someone charged with upholding the rules.

…

[T]he larger pattern, clear to anyone who has had firsthand experience with the former president, is that he will say almost anything that pops into his head at any given moment, often making a statement so confusing in its logic that to maintain one’s own mental balance, it’s necessary to dismiss its seriousness on the spot or to pretend you never heard it.

Politics

BoBos in Purgatory

The author of Bobos in Paradise takes a critical look at his own class:

[W]e’re the bad guys. We built an entire social order that sorts and excludes people on the basis of the quality that we possess most: academic achievement. It’s easy to understand why people in less-educated classes would conclude that they are under economic, political, cultural and moral assault—and why they’ve rallied around Trump as their best warrior against the educated class. He understood that it’s not the entrepreneurs who seem most threatening to workers; it’s the professional class. Trump understood that there was great demand for a leader who would stick his thumb in our eyes on a daily basis and reject the whole epistemic regime that we rode in on. If distrustful populism is your basic worldview, the Trump indictments seem like just another skirmish in the class war between the professionals and the workers, another assault by a bunch of coastal lawyers who want to take down the man who most aggressively stands up to them.

David Brooks

This is a recurring theme of Brooks:

Yet wokeness is not just a social philosophy, but an elite status marker, a strategy for personal advancement. You have to possess copious amounts of cultural capital to feel comfortable using words like intersectionality, heteronormativity, cisgender, problematize, triggering, and Latinx. By navigating a fluid progressive cultural frontier more skillfully than their hapless Boomer bosses and by calling out the privilege and moral failings of those above them, young, educated elites seek power within elite institutions. Wokeness becomes a way to intimidate Boomer administrators and wrest power from them.

How the Bobos Broke America (2021)

I can’t blame him for a bit of repetition or variations on a theme. Some things once seen can’t be unseen, and a sincere writer is apt to want others to really see them, too.

Of course, such sobriety can’t stand unchallenged, so at least one article I read opined that Brooks is wrong.

Late-stage democratic collapse

The 45-page indictment, in this respect, is simply sickening. But just as sickening has been the response from the right. National Review penned a disgraceful and error-ridden editorial, providing cover for behavior that no Constitutional conservative could ever defend. (At least they published an internal dissent from Noah Rothman.) The Wall Street Journal was mealy-mouthed. Right-Twitter was unhinged. Two desperate arguments were invoked: that the contrast with the prosecution of Hunter Biden by a Trump-appointed prosecutor proved a two-tier justice system (for all Hunter’s depravity and corruption, it does nothing of the kind); and that organizing an attempt to nullify a fair election was protected under the First Amendment (seriously?). Butters is even declaring that a jury is somehow invalid because of where it will be convened — another assault on the rule of law.

There is no rationality at work here; merely rationalization. But it is a rationalization powered by a tribalism so intense it now obliterates everything before it: truth, reality, civility, and every virtue, large and small, that keeps a liberal democracy intact. This is not a democratic debate or discussion anymore. It is not a fight within our existing system. It is the effective delegitimization of the entire system — because its procedures and norms cannot validate one deranged man’s sick psyche.

…

We are entering late-stage democratic collapse, where tribalism overwhelms reason, common trust evaporates, debate is gone, norms destroyed, and all that matters is the purity of the extremes, and who can win power by any means. The latest indictment of Trump — and more specifically, the reaction to it — is proof that the “extinction-level event” of liberal democracy is here. Future historians may look back and conclude, in fact, that it has already happened.

Andrew Sullivan

I wish I thought Sullivan was wrong. I’m too old and too married to emigrate, though, so I’ll just keep riding this out, remembering that the end of America as we’ve known it isn’t the end of the world.

I read a few Pollyannas, but find declinism more compelling.

American Postliberal says the silent part out loud

When the late-stage democratic collapse is over, there are new authoritarians waiting in the wings: McCarthyism 2.0 Through a new McCarthyism, we will enforce the standards our culture has so egregiously ignored.

When the US started the new cold war

I think it is the beginning of a new cold war. I think the Russians will gradually react quite adversely and it will affect their policies … I think it is a tragic mistake. There was no reason for this whatsoever … Of course there is going to be a bad reaction from Russia, and then (the NATO expanders) will say that we always told you that is how the Russians are — but this is just wrong. This has been my life, and it pains me to see it so screwed up in the end.

George Kennan on NATO expansion, 1998 (via Andrew Sullivan)

Promoting democracy versus Promoting Democracy®

I agree that Donald Trump is a “threat to democracy,” in the sense that one generally means. But you know, I live now in a Western democracy — Hungary — in which the people have voted in four consecutive elections for Viktor Orban and his party, much to the chagrin of Washington. So, the media and the Washington ruling class condemns Orban as an enemy of democracy because he keeps winning free and fair elections. In fact, the head of USAid came over in February to deliver $20 million to anti-government NGOs in the name of defending democracy (that is, to foment a Color Revolution). Whenever I hear people from the transatlantic ruling class talk about their commitment to democracy, in the same breath that they condemn Hungary and Poland for supposedly being its enemies, I have exactly the same confidence as I do when I hear these same people talking about how we need to go to war again to defend democracy: None.

Rod Dreher

Culture

History echoes

It is extremely difficult to maintain the freedom of the press, when that is used by different parties to advocate the assassination of each other’s leaders. It is extremely difficult not to throw people into prison without trial if disorder is so great that the law courts dare not convict the most guilty disturbers of the peace. And the King could not discuss his difficulties with his liberal subjects, because he was incapable of understanding intellectuals.

Rebecca West, Black Lamb and Grey Falcon, writing about early 20th-century in the Balkans.

Moral equivalence?

Okay, last crazy headline: Apparently ISIS is anti-gay the same way as America’s conservative Christians are. 

As Seth Mandel summarized it: “Iran hangs gays from construction cranes because America still has separate sports leagues for men and women.” I think a lot of the young newspaper writers who argue America is just as bad as Al-Qaeda and that our conservatives are literally ISIS should simply go visit Syria. Frolic in Egypt. Rock out in Yemen. When an American soldier saves you, I doubt you’ll be worrying about whether he’s a Southern Baptist.

(Nellie Bowles)

The fundamental flaw that wasn’t

Amazon’s Shiny Happy People: Duggar Family Secrets was a documentary waiting to happen ever since the Josh Duggar scandal broke eight years ago. In many ways, it is a documentary that needed to be made. It discusses real problems within the homeschooling movement that many homeschoolers would prefer to ignore. It tells the stories of women and men whose upbringing ranged from deeply flawed to abusive; and it helps to illustrate how one of the most religiously conservative elements in American society, the homeschooling community, might actually contribute to the rise of the Nones. For all this, however, the documentary suffers from a fundamental flaw: it fails to say anything about the millions of ordinary homeschoolers who are raising children in perfectly healthy (and sometimes quite secular) ways.

Sophia M. Feingold, Shiny, Happy Propaganda (italics added)

There is no “fundamental flaw” in failing to balance a story to the satisfaction of every possible critic with an obsession. It’s perfectly legitimate to tell a story about failure without telling a parallel story about success.

I did not view Shiny Happy People as a screed against home schooling, and I think you’d need to be pretty prickly and ideological to view it so. Sadly, many homeschoolers do seem to be prickly and ideological.

Christopher Rufo’s America

Graeme Wood reviews Christopher Rufo’s new book, a detour from Rufo’s usual route, America’s Cultural Revolution.

Winding up for his pitch, he describes my attitude toward Rufo (emphasis added):

Christopher F. Rufo is what is sometimes known as a shit-stirrer—a particular type of troublemaker whose game is to find something stinky, then waft its fumes toward the noses of those mostly likely to be outraged by it … Even those who find their behavior outrageous often find Rufo’s tactics distasteful as well.

Soon comes the key paragraph:

Your appreciation of this book will depend in part on whether you prefer Rufo the carnival barker, luring in members of the public to see the lefty freakshow he curates, or Rufo the intellectual historian. The first is more fun but the second is just as biased. His description of the careers of these intellectual figures is meant for readers who know nothing of their work, and do not care to learn about it from a sympathetic source. The narrative is meant to build them up only to villainize them—and this is not difficult. Like Rufo’s TikTok freaks, his woke progenitors often said and did things that need no additional commentary to make them into villains.

I’ll take a pass. It has been, I think, more than a decade now since I stopped reading stuff with the tacit goal of winding myself up.

Hippie collectives and corporations

Why did the Dutch publishing outfit need a receptionist? Because a company has to have three levels of command in order to be considered a “real” company. At the very least, there must be a boss, and editors, and those editors have to have some sort of underlings or assistants—at the very minimum, the one receptionist who is a kind of collective underling to all of them. Otherwise you wouldn’t be a corporation but just some kind of hippie collective.

David Graeber, Bullshit Jobs

Property

‘C‘est un bon pays; personne n’est riche là-bas mais tout le monde a des biens.‘

Via Rebecca West, Black Lamb and Grey Falcon. This could be the Distributist Vision Statement: This is a good land; nobody’s rich but everyone has property.

A great modern factory is a waste from the point of view of the need of property; for it is unable to provide either the workers, or the manager who is paid his salary by the board of directors, or the members of the board who never visit it, or the shareholders who are unaware of its existence, with the least satisfaction in connexion with this need.

Simone Weil, The Need for Roots (italics added)

Shorts

Dianne Feinstein, 90, Cedes Power of Attorney to Daughter—But Still Serves in Congress

New York Post:

DeSantis Vows to ‘Start Slitting Throats’ of Federal Workers on Day One of Presidency

Government Executive

Capital punishment is indifferent to redemption.

Elizabeth Breunig

We keep looking at the prosecutors as the problem rather than Donald Trump. He did these things.

Chris Christie

… the West has achieved a more fully realized atheism than the Soviet Union ever did.

Rod Dreher’s characterization of an Augusto Del Noce observation.

You may choose to look the other way but you can never say again that you did not know.

William Wilberforce

The role of the community is to torture the mystic to death.

Joseph Campbell (Source)

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. I’m even playing around a bit here, but uncertain whether I’ll persist.

Saturday, 7/15/23

I forewent a provocative headline and lead paragraph.

You’re welcome.

Culture

Peter Coy brings the receipts

I haven’t harped about this because I didn’t have facts and figures. But the New York Times’ Peter Coy has now provided them (and it’s important enough that I’m giving you a link that pierces the paywall):

  • The amount of lithium, cobalt, manganese, nickel, graphite and other lithium-ion battery materials needed for one long-range electric vehicle would be enough for either six plug-in hybrids or 90 of the type of hybrid that recharges from deceleration and braking.
  • The overall carbon reduction of those 90 hybrids over their lifetimes is 37 times as much as a single battery electric vehicle.
  • The production of electric vehicles produces more greenhouse gases than the production of cars with combustion engines. So E.V.s have to travel between 28,000 and 68,000 miles before they have an emissions advantage over similarly sized and equipped internal-combustion mobiles.

All-electric vehicles are presently a gigantic flim-flam, and considering that third point, they’re going to remain a flim-flam for quite a long time. (Does an EV even get 68,000+ miles before those big honkin’ batteries need replaced?)

The plug-in hybrids have appealed to me, but I’ve got to get over that and to stop feeling like a criminal for (currently) not even driving a conventional hybrid, but a full-blown internal-combustion vehicle. (I’d have bought my second hybrid if they offered one on this model.)

EVs are a kind of social contagion, heavily subsidized by the federal government, which really needs to cut it out.

This is one reason I have almost as little respect for Elon Musk as I do for He Who Shall Not Be Named (another guy who got more-or-less rich dishonorably).

From the July 15 Economist

Pangloss makes the case for AI

Mark Andreesen, giving the Panglossian version of AI, lost me early on at the patently bullshitty “infinitely patient, infinitely compassionate, infinitely knowledgeable, and infinitely helpful.” He reminds me of George Burns: “Sincerity – if you can fake that, you’ve got it made.” Because all those AI virtues are fakes.

I was hoping for something better, because I think there’s a better case available. In fact, I know there’s a better case to be made because I heard it made on a podcast Tuesday on the Ezra Klein show.

Freedom

Aunt Concetta told me that she didn’t like life in America because we had no freedom. That comment baffled me because, like everyone else my age, I believed that America was the land of the free and the home of the brave. But she pulled me up short. “Your grandmother,” she said, “is afraid to walk down the main street at night.”

…

… That little conversation, more than anything I have read about political life, has put an indelible mark on my thinking about freedom. I have long rejected any view that reduces liberty to the results of a constitutional mechanism, or that identifies liberty with suffrage, or that defines liberty as a negative, as what the government may not tell you that you may not do.

… I think I can venture a suggestion as to gauging the degree of real freedom that a nation, or perhaps your town or your street, enjoys. It is the degree and the character of spontaneous, unencumbered, and undirected action on the street.

Anthony Esolen

I kinda sorta feel for Tommy Tuberville

Terms like “white nationalist” mean something: White nationalism is a form of white supremacy that advocates white dominance and white control. You don’t have to take my word for it, you can look it up. (On Tuesday, Tuberville admitted that white nationalists are racists.)

I don’t normally read Charles Blow, but this time, I read a little bit, including the block-quote, because The Morning Dispatch had called out Tuberville teasingly the day before:

It took him about two months and several botched attempts, but a hearty congratulations to GOP Sen. Tommy Tuberville of Alabama for finally saying these words in this order: “White nationalists are racists.”

I remember in law school insisting that I was a creationist. I said that because I believed that this stuff all around us, out to the furthest reaches of our telescopes, were the result of a divine creation, not an accident or the outworking of eternally-existent matter and energy. Someone pointed out that what I meant, though, was not what creationism had come to mean as a term of art. Creationism had come to mean divine creation roughly 6000 to 10,000 years ago, fixed species, etc.

“White Nationalist” has never been a term I’d apply to myself; first, because race is truly (if not exclusively, in our vexed history) a pigment of the imagination; second, because nationalism holds little to no appeal for me. But it appeared to me to mean “nationalism professed by a pale person,” and its journalistic use to be more epithet than description.

Maybe Tommy Tuberville thought as I did, and that’s why he pushed back so. But Blow cites Merriam-Webster for a term-of-art meaning that implies racist white supremacy.

I still stand by the epithet point, and believe that the term is not yet univocally racist. But sensible people, aware of its equivocal meaning, will steer clear of it.

Paris

Many people who love Paris love it because the first time they came they ate something better than they had ever eaten before, and kept coming back to eat it again.

Adam Gopnik, [The Table Comes First(https://www.amazon.com/Table-Comes-First-Family-Meaning-ebook/dp/B004KPM1EY/ref=sr_1_1)

I find that very plausible.

Legalia

FINALLY someone else says it (and better than I)

The nature of expressive, creative work is also such that consumers would not ordinarily wish to risk the quality of the product or service by conscripting a reluctant vendor to create messages that contradict the vendor’s sincere personal beliefs.

Abram Pafford, “You Couldn’t Pay Me to Say That”: 303 Creative and Compelled Commercial Speech.

303 Creative was a well-warranted pre-enforcement challenge based on the proposition that Colorado’s public accommodations law was unconstitutional as applied to plaintiff’s refusal of website design for same-sex weddings. Colorado never challenged the owner’s standing, and even stipulated the facts that eventually blew a little hole in the hull of its law (which remains resolutely afloat).

Even today, pre-enforcement challenges are pending to, notably, some of the new restrictive abortion laws some states have passed, and to state bans on transgender care for minors. The Left is happy as can be with decades of pre-enforcement challenges like these — of which the Left has been the primary beneficiary. I don’t recall Right-leaning pre-enforcement challenges, other than against college speech codes, until the Obama years.

Not until after Colorado had lost did its Attorney General start joining the ignorant “fake case” chorus.

But in a sense, 303 Creative was a “fake case” — or at least an “engineered case”: the sense that in the real world, untainted by polarization and the insatiable desire of LGBTetc folks for universal affirmation, as if their sexuality were constitutional high trump, such cases would not be brought because — well, see the block quote. That’s why I put it there.

What should happen now is clear enough to me: states should disavow application of their public accommodation laws to creative professionals’ rare refusals to aid in expressing an objectionable message — with the creative professional being the sole judge of “objectionable.”

And I’ll reiterate that the key here is the right of the service provider to be free of compulsion to express sentiments they in fact disapprove. It would apply as much to, say, a Jewish graphic designer declining to work on BDS advocacy as to conservative Christians (and others) declining work on same-sex weddings. I sincerely doubt that Colorado would punish that Jewish graphic designer; this is about forcing Christians to bend the knee to the new sexual orthodoxies.

(It’s surprising how easy it is to mis-state what’s at stake here. This little item took far more time than I expected. I probably should cut some slack to those who make a living minting hot takes on complex topics for siloed readerships and who get sloppy in the process.)

Non-partisan politics

Smoke-filled rooms

I miss smoke-filled rooms.

Not the literal ones, but the ones that brought forth sane and competitive candidates back in the day.

Today, primary voters — often the most extreme members of a party — deliver us unpalatable candidates, with the only gesture toward electability being “will he be perceived as less bad than the other party’s guy?”

Yes, I’m thinking specifically of the likely nomination of Donald Trump by the GOP. But I’m not thinking exclusively of that. Hillary in 2016 is also an example.

Our Unaccountable TechLords

At almost every gathering artificial intelligence came up. I’d say people are approaching AI with a free floating dread leavened by a pragmatic commitment to make the best of it, see what it can do to make life better. It can’t be stopped any more than you can stop the tide. There’s a sense of, “It may break cancer’s deepest codes,” combined with, “It may turn on us and get us nuked.”

My offered thought: AI’s founders, funders and promoters made a big recent show of asking Congress to help them fashion moral guardrails, but to my mind there was little comfort in it. I think they had three motives. First, to be seen as humble and morally serious—aware of the complexities of this awesome new power and asking for help in thinking them through. Second, they are certain government is too incompetent and stupid to slow them down or impede them in any meaningful way, so why not. Third, when something goes wrong they can say, “But we pleaded for your help!”

That unfriendly read is based on 30 years of observing our tech leaders. They have a sense of responsibility to their vision and to their own genius, but not to people at large or the American people in particular. They always claim they’re looking for better communication and greater joy between peoples when in the end it turns out they’re looking for money and power. And they only see the sunny side of their inventions because they were raised in a sunny age, and can’t imagine what darkness looks like, or that it comes.

Peggy Noonan

My skewed perspective

There are too many sensible people writing critically and even bitterly about the government’s Covid pandemic (or is “epidemic” sufficient?) response for me to assume it just partisan politics. But I confess that something about having retired before Covidtide seems to make me largely insensible to the outrage many feel about the government response.

I even joked that “I’m an introvert; social distancing is almost my default.”

So pardon me for not joining the chorus. If I’m consistent, though, I won’t join government’s defenders, either.

But I will make this observation: during the putative lockdowns, our lowest-paid, lowest-status workers had to go ahead and work in “meatspace,” risking infection. They are our truly indispensable workers, and many of them should be paid far better than they are.

Gaming the fat-cat system

The Republican National Committee has set a threshold of 40,000 individual donors, including 200 each in 20 states or territories, to qualify for primary debates. This is supposed to assure broad support and (they say) block candidates with mostly fat-cat donors.

So, how long did it take for candidates to game that system?

So how about using fat-cat donations to buy $20 gift cards for anyone who gives $1? You can buy a lot of $1 gifts if you’re offering an instant 1900% ROI.

(David A. Graham, We’re Entering a New Era of Shady Campaign Finance)

We are in the grip of a grim, despairing rebellion against reality that imagines itself to be the engine of moral progress.

R.R. Reno

The end of the world as we know it is not the end of the world.

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. I’m even playing around a bit here, but uncertain whether I’ll persist.

Amazon Prime Day 1

Having dated other blogs according to the Christian calendar, it seems only fair to date one according to the Consumerist calendar. I’m debating whether next June I should date things Pride 1, Pride 2, etc.

Okay, the debate’s over: I’ll do that only if I can figure out how to make it clear that I’m being a sarcastic dissenter.

Public affairs

Toward a better understanding of MAGA America

I’ve been trying to understand Trumpworld since Trump started winning GOP primaries in 2016. Really I have. I don’t want to think that almost 50% of this country just raised a middle finger in November 2016 and said “Just watch us blow up your precious nation!”

It has been slow going, but I have made some progress. First was remembering that the alternative was HRC, and that most Americans can’t bear the thought of voting other than for a major party. Second, was appreciating the legitimacy of some of Trumpworld’s grievances, which appreciation began in the run-up to the 2016 election as I left the main highway in eastern Ohio and found Trump signs everywhere in the sorry little town where I re-fueled.

But why Donald Trump felt like the solution to those grievances has eluded me — at least until late last week.

I won’t even try to capture the essence of David French’s The Rage and Joy of MAGA America, published Thursday. It’s David French at his best, as he writes from his home county, just 15% Democrat.

If you want to go deeper into the mindset of what 7 years ago proved to be an electoral majority of your countrymen, I urge you to read it, carefully and sympathetically, bearing in mind the categorical contempt felt toward “flyover country” by our national elites. The link I’ve provided should get you to it even if you’re not a New York Times subscriber.

But Paul A. Djupe in We Should Probably Stop Thinking Religion is a Solution to MAGA specifically faults any implication that MAGA evangelicals would be less MAGA if they attended church more regularly.

Parenthetical

Nick Cattogio feels his own kind of “joy” less by understanding Trump sellouts — the public-figure Never Trumpers who folded for a bit of power — than by something more primal:

The dirty little secret about being an anti-Trump conservative is that it too is often joyous.

In this case the joy derives not from belonging but from not belonging. Many times I’ve heard Jonah Goldberg say on The Remnant how his position on Trump has cost him friendships on the right, and I always sympathize—but cannot empathize. My contempt for those who traded their commitment to classical liberalism to protect their status within a Trumpifying right is so boundless that I’ve never stopped feeling grateful to be rid of them. If ever I should return to their good graces somehow, they’ll discover that they haven’t returned to mine.

It’s an almost spiritual pleasure to find yourself surrounded by people without dignity and to know that you don’t belong. 

The other joy of opposing Trump from the right is the satisfaction one gets from speaking one’s mind when others fear speaking their own. The happiest character in literature must be the boy in The Emperor’s New Clothes who shouted the truth about the sovereign’s attire as the adults around him bit their tongues and kept up a silly pretense so as not to cause themselves trouble.

The emperor wasn’t wearing any clothes. Trump is a criminal reprobate who’s morally and intellectually unfit to wield any sort of power. These are simple truths, acknowledged privately by all but the most devout loyalists. But to say them aloud, in public, when others don’t dare is liberating in a way that’s difficult to describe. If you know, you know. Dispatch readers know.

Chris Christie, very much a latecomer to the practice, knows too.

About saying the truth out loud, see Orange Man Bad in my July 7 post. Want to wager whether Cattogio read that?

Now, though the writing is entertaining, I am conscience-bound to note that the “almost spiritual pleasure” of “find[ing] yourself surrounded by people without dignity and [knowing] that you don’t belong” has a name, Pharisaism, and a “spiritual” pedigree of the diabolical sort. I can only hope Cattagio is exercising artistic license.

Deep-state BlackOps

In The Bourne Supremacy all a journalist had to do is say “Blackbriar” into a cell phone and minutes later, vans full of hyper-efficient assassins scrambled to snatch him up. Jack Bauer could not only direct phone taps and hack security cameras with a few keystrokes on his Blackberry, he could weave through miles of LA traffic in a few minutes. When he calls various government agencies, including after hours, he always gets them on the phone and not some, “Our offices are currently closed. Press 1 for English” message.

That’s all fine for escapist fare. But if you think real life works remotely like that, your assumptions about a lot of politics are going to be really stupid and maybe dangerous.

Jonah Goldberg, who 13 years ago imprudently asked “Why isn’t Julian Assange dead?” — his point being that our BlackOps aren’t as omnipotent as the Left thought.

Now he’s asking a different question, and asking it of a different delusional demographic:

No, the reason I’m going down memory lane is I want to ask a similar question: Why hasn’t the deep state gotten rid of Donald Trump yet? … If the deep state were remotely as powerful, wicked, and skilled as many claim, why let Trump live?

It’s a fair question, with a lot more colorful detail than I’m quoting.

Which brings me to the second problem: A lot of idiots and unwell people don’t realize that a lot of the deep state stuff is a grift. Devin Nunes used to sell deep state collectibles. There are no end of books claiming to expose the deep state and the cabal running our country. Here’s the description of The Deep State Encyclopedia: Exposing the Cabal’s Playbook:

Our country is being attacked from within. The past several years showed us that the shadow government seeks to assert absolute control over the human cattle, but what if we could stop them? What if we could take away the cabal’s power by exposing their entire playbook?

If this was their playbook, it wouldn’t be on Amazon.

And the pseudonymous author, “Grace Reallygraceful,” would be dead, too.

Tribal identity, fluid identity

In Hungarian, the word for their country is “Magyarország” — Land of the Magyars. Russia, in the Hungarian language, is “Oroszország” — Land of the Russians. Unlike the USA, where identity is fluid and contractual, these nations are tribes with flags. In Hungary, for example, they were occupied for 150 years by the Ottoman Empire, which, as you know, was Islamic. These things matter to them — and who are we Americans to say it shouldn’t? … I feel at home here in Hungary, in most respects, as I would in any other country of Europe. But whatever my migration status, I will never allow myself to think of myself as European, because that’s just not how it works. We Americans tend to assume that our openness and fluidity of identity is a natural stance. In fact, we are far outliers on national experience around the world.

Rod Dreher, who has some other worthwhile comments on immigration as well. I am encouraged. Rod has been far too often unreadable for a long time now.

NATO

Oh, my! The Nato mindset leads to war pulls a lot of threads together, and it doesn’t make me like post-cold war NATO any better than I did before. That it is purely defensive and that Russia therefore had nothing to fear from its expansion is a tale told by liars and believed by amnesiacs.

Conservatives today

If conservatism is support of the status quo, then the Democrat Party is today’s conservative party. So argues David Graham.

Homefront

We’ve had a run of cool days, and particularly of cool mornings. I’ve enjoyed sitting in my east-facing sunroom with windows open, sun streaming in, and I have been surprised how quiet my neighborhood is in the morning.

Not today, though. The sound of heavy equipment engines has begun. They are swarming my neighborhood for the next few days (or weeks) with those mechanical monsters that eat up the top few inches of pavement to permit new pavement to be laid without raising the street too high. Then we’ll get some shiny new asphalt. It will, no doubt, look very spiffy.

I have said, and probably have written, before, that I have the good fortune of living in a place that can still afford to repair its infrastructure. But I question why they are repairing in my neighborhood, and I’m not questioning just because I don’t like the noise.

I’m questioning because our streets have no potholes, cracks, irregularities, or other compelling reasons for repair. What they do have is a lot of fading and some tar strips running like spider veins where small cracks have been repaired over the years.

I’ve driven in enough neighborhoods to know that ours are not the city’s worst streets. But we are a wealthy neighborhood, and I suppose that explains much more than I wish it did.

(If I were king of the world, they’d be narrowing the streets by half and repairing the sidewalks. It would still be about as unpleasant to walk as Tokyo, but it would be a step in the right direction.)

Legalia

Consequentialism in jurisprudence

One of the really knotty problems with our public debates is that we often are having two or three debates at the same time, and it is easy to get confused about which question is actually in dispute at any given moment. 

Take, for example, the recent debate about racial preferences in college admissions: The question before the Supreme Court was only a legal one—not that you’d know it from the campaign-style rhetoric of Ketanji Brown Jackson or Sonia Sotomayor!—to wit, whether the law permits what Harvard and the University of North Carolina were doing, or whether that amounted to unlawful racial discrimination. The majority of the Supreme Court rightly found that this racial discrimination was unlawful. A second question—an unrelated question from the point of view of a Supreme Court justice who is actually doing his or her job instead of trying to act as an unelected legislator—is whether racial-preference policies such as those that had been implemented at Harvard are good policies. A third question—never quite explicitly discussed—has to do with “legal consequentialism,” the notion (which has official legal standing in some countries, such as Brazil) that legal questions per se should be made subordinate to utilitarian calculation. As the Brazilian statute puts it, “a decision shall not be made based on abstract legal values without considering the practical consequences of the decision.”

Kevin D. Williamson

Qualified Immunity hits a wall — finally

Seventeen-year-old student is required to participate in police ride-along for a class, and the Hammond, Ind. officer she shadows spends the day groping her, making lewd remarks, and even taking her to a remote location where he offers her to another officer for sex. Officer: This mere “boorish flirtation” was just “making for an exciting ride along.” District court: Qualified immunity. Seventh Circuit: Reversed. “Sexual assault is an intentional act that never serves a legitimate governmental purpose.”

Short Circuit: A Roundup of Recent Federal Court Decisions.

It’s actually a bit surprising, not to mention heartening, that the 7th Circuit reversed this. “Qualified immunity” has become the monster that devoured 42 USC §1983 (the post-Civil War law that gives a remedy for deprivation of rights under color of law).

More:

It is obviously unreasonable for an off-duty, out-of-uniform police officer to lose his temper on the road, follow another motorist home, box him in his driveway, scream profanities, and point a gun at him when the other motorist is nonthreatening. So says the Tenth Circuit, reversing a grant of qualified immunity to a (now-former) Chaves County, N.M. sheriff’s deputy. Claims against the county, which hired him in spite of his history of volatile behavior, are on the table, too.

Purging an evil

A District of Columbia-based disciplinary panel has recommended Rudy Giuliani be disbarred for his “frivolous” efforts on behalf of then-President Donald Trump to overturn the results of the 2020 election.

The committee, an arm of the District of Columbia Bar, found in a report released on Friday that Giuliani had undermined trust in federal elections by directing Trump’s legal challenge to the presidential vote count in Pennsylvania and promoting unfounded theories of fraud in court.

“He claimed massive election fraud but had no evidence of it,” the committee wrote. “By prosecuting that destructive case Mr. Giuliani, a sworn officer of the Court, forfeited his right to practice law.”

Wall Street Journal

Culture

AI wins where people have been deskilled

My present thesis is something like this: The claim or fear that AI will displace human beings becomes plausible to the degree that we have already been complicit in a deep deskilling that has unfolded over the last few generations. Or, to put it another way, it is easier to imagine that we are replaceable when we have already outsourced many of our core human competencies.

L.M. Sacasas, Render Unto the Machine. This is an idea I keep running into. It was a thread through Matthew B. Crawford’s Why We Drive

Wordplay

1

trying to ride a bicycle in zero gravity

Sven R. Larson This seems to be a more refined version of “nailing jello to the wall” or even my father’s favorite, “goosing butterflies.” I assume the metaphor hitch-hikes on the further metaphor of “getting no traction” (in an argument, in this case).

2

As ever more laity, especially young people, seek out the ancient liturgy of the Church, the Eye of Sauron in Rome has turned towards these congregations …

Sebastian Morello, The Tragedy of the Sarum Rite (The European Conservative)

3

[T]he difference between being gay and being black is that if you’re black you don’t have to tell your mother.

Simon Fanshawe

4

[Great Britain’s National Health Service] looms so large in our politics as to wholly justify the sardonic description of Britain as “a health service with a country attached”.

Mary Harrington

5

Mountebank: A hawker of quack medicines who attracts customers with stories, jokes, or tricks; A flamboyant charlatan. (Wordnik)

I’m shocked that his was not already in my vocabulary. Maybe I couldn’t decide on pronunciation, since it was fairly obviously of foreign (Italian, apparently) origin.

6

Insufficient nihilism: David Graham’s characterization of the real reason for Marjorie Taylor Greene’s expulsion from the House Freedom Caucus. (That she had called fellow HFC member Lauren Boebert “a little bitch” was just a plausible excuse.)

7

“Tact” is insulting a man without his knowing it

John “Jackie” Fisher via the Economist

8

… he’s 22, and like many intelligent and loquacious 22-year-olds, quickly got out far over his skis.

Rod Dreher, on a recent conversation

9

Alethic commitment: Committing and belonging because of considered belief that a thing is true. (J Budziszewski)

I no longer believe that the essence, the sina qua non, of authentic Christian life is alethic commitment. I don’t even believe that it’s the proper goal of a Christian life.

Those possibilities seems too left-brain for me, and too culture-bound. Fr. Stephen DeYoung describes it as “checkbox religion.” “Jesus is God?” Check. “Bible miracles were miraculous?” Check. Etc

Experience or immersion might count for as much as considered belief.

By some combination of nature and nurture, I’m an alethic commitment kind of guy, but on entering Orthodoxy, I had a few stumbling blocks — boxes I couldn’t check yet. Because I’d seen enough of the Church to trust it, and to even assume that where I demurred I was wrong, I immersed.

10

All men profess honesty as long as they can. To believe all men honest would be folly. To believe none so is something worse.

John Quincy Adams via the Economist

11

Suddenly life became more like it used to be than it ever was before.

Garrison Keillor on the social effects of Covid.

12

My theory of economics is called Gratitudemy, as found in Psalm 23: “My cup runneth over.”

Garrison Keillor

We are in the grip of a grim, despairing rebellion against reality that imagines itself to be the engine of moral progress.

R.R. Reno

The end of the world as we know it is not the end of the world.

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. I’m even playing around a bit here, but uncertain whether I’ll persist.

247 and counting

Politics

Trump

Lies and lies

All politicians lie, I dutifully concede, but there are lies and there are lies. [Speaker Kevin] McCarthy’s claim that the second impeachment was rash and ill-considered after Trump had spent two months trying to orchestrate a coup in plain sight, hour by hour on TV and Twitter, is a lie. Granted, it’s a common lie among Republicans who lacked the courage to vote for impeachment and then hid behind a flimsy procedural excuse, the same way Senate Republicans did in declining to convict Trump because his term as president had already run out. But it’s a lie nonetheless.

Nick Cattogio

Grifts

The other grift that’s really bothering me right now is Trump taking money from middle-class Americans who think they’re supporting his campaign for president and then he’s using it, as a billionaire, to pay his own lawyers. It’s disgusting. But this is Donald. As I said, he’s the cheapest SOB I’ve ever met in my life. He’s just better at spending other people’s money than he is at spending his own. Frankly, this is why he went bankrupt three different times in New Jersey in the casino business. He would borrow other people’s money, run through it, and then not pay it back. In this instance, he’s taking money from middle-class people who are working hard and sending him $25, $50, $100 multiple times a year through his website. And then he has the audacity, while he’s sitting on billions of dollars of his own personal wealth, to not use that personal wealth to pay his personal legal fees. Instead, he uses the money of middle-class Americans to pay it off. That’s a grift.

Chris Christie

Some countries work differently

Brazil’s top electoral court banned Jair Bolsonaro, a former president, from holding public office until 2030. The court found that Mr Bolsonaro abused his powers by casting doubt over the trustworthiness of Brazil’s electronic voting machines and implying that the 2022 election was rigged . He lost his bid for re-election to Luiz Inácio Lula da Silva, a left-wing rival.

The Economist World in Brief for July 1. No doubt many wish the U.S. had an equivalent procedure.

Oafs

I suggested in 2020 that “it’s a class thing.” A certain kind of oafishness is considered lovable by the political classes, and not even recognized as oafish because it is their sort of oafishness. Another kind of oafishness is considered lovable by those whom they disdain. Obama was a smooth rich fellow who flattered the elites. Biden is a coarse rich fellow who sneers at the common people in the same breath as he boasts of his humble origins. The elites think this kind of talk is merely telling it like it is.

Trump is a coarse rich fellow who flatters the common people. Since he sneers at the elites and adopts a popular tone in doing so, it enrages them.

J Budziszewski, Elites, Deplorables, and Political Style

I find Budziszewski worth reading even when I disagree, as I did with most of this column. This excerpt may be onto something. It’s hard for me to judge because I bear many marks of being among the elites but also countersigns that I’m closer to the common people.

Cultural

Renaissance men (and women)

Excited to read this: Beauty Makes a Comeback. You see, I’ve got this 15-year-old grandson, and neither he nor anyone else has quite figured out who he is yet. American College of the Building Arts seems like a via media; I’d feel pretty good about it.

Dietary dogma

Not a single one of those promoting the “three meals a day,” “eat in moderation” idea has tested it empirically to see whether it is healthier than intermittent fasts followed by large feasts.

Nassim Nicholas Taleb, The Black Swan

Unseemly Modesty

“Kyle from Chicago,” visiting Nashville for the NHL Draft last night, was stopped on the street this week by the crew from The Penalty Box podcast for a man-on-the-street interview about hockey and the Chicago Blackhawks’ pick of once-in-a-generation talent, Connor Bedard, as the number one overall selection. “On a scale of one to ten, how much would you say you know about hockey?” He responded: “I didn’t play professionally or anything, so probably like a four?” He was being…modest. Unbeknownst to the interviewer, “Kyle from Chicago” was Blackhawks General Manager, Kyle Davidson. Well played.

TMD

Bracing:

Affirmative Action Thoughts in an Inelegant List Format. It’s Freddie, and defies summary.

Feminisms

[The] women’s movement, from the outset, was marked by a tension between what Harrington calls a “feminism of care,” which resisted the logic of the market, emphasizing interdependence and the domestic realm, and a “feminism of freedom,” which “embraced the individualist market logic, and sought women’s entry into that market on the same terms as men.” The movement, Harrington contends, was more or less balanced in an “ambivalent tension” until the mid-twentieth century, when feminism’s embrace of contraception and abortion tipped the movement decidedly toward the market. From this point on, “feminism largely abandoned the question of how men and women can best live together, and instead embraced a tech-enabled drive to liberate humans altogether from the confines of biology.”

Abigail Favale, A Feminism Embedded in Human Nature, discussing Mary Harrington’s Feminism against Progress.

Legal

Freedom from compelled speech

I assume my readers all know at least vaguely about the Supreme Court’s decision in 303 Creative, but here’s something about it that’s under-reported and even mis-reported:

This case was not, as it has been widely described, about whether a website designer could refuse gay customers. … Indeed, the parties stipulated that the web designer, Lorie Smith, was “‘willing to work with all people regardless of classifications such as race, creed, sexual orientation and gender,’ and she ‘will gladly create custom graphics and websites’ for clients of any sexual orientation.” She was simply not willing to design websites that contained messages that violated her religious beliefs.

The case was not about whether a business could refuse to provide goods or services but whether it could refuse to generate specific expressions with which it disagreed …

The 303 Creative case was … about compelled speech. When could the government require a commercial provider of expressive services to say things she found objectionable? Could the government compel a portrait artist to paint a heroic picture of a white supremacist? Could the government compel a speechwriter to pen an anti-gay screed on behalf of a right-wing politician?

Under traditional First Amendment doctrine, the answer was a clear and emphatic no. The First Amendment doesn’t just protect my right to say things I believe, it also protects my right not to say things I don’t believe.

David French, How Christians and Drag Queens Are Defending the First Amendment.

In a very important sense, this was not even a case about homosexuality or same-sex marriage. A retired lawyer and longtime advocate for religious freedom and free speech, I downloaded and highlighted the court’s decision. But when it came to tagging it for ease of subsequent retrieval, my tags were #discrimination, #free_speech, #compelled_expression, #websites, #weddings, and #public_accommodations — and I only tagged “weddings” in case I was lazily focusing on peripheral issues. I did not tag “free_exercise” because this was a free speech case. Elizabeth Sepper, a law professor at the University of Texas, Austin, seems to get this part right:

[W]hile Smith asserted religion as her motivation, this is a speech case, so it won’t matter whether business owners are motivated to discriminate by sincere religious values, secular bigotry or no reason at all.

(italics added)

The core was freedom from compelled expression (speech in constitutional terms), whether that expression be celebration of a faux wedding (from the website designer’s perspective) or biting atheist advocacy or anything else she did not want to express.

As Dale Carpenter, a constitutional scholar at SMU put it:

I read [the majority in 303 Creative] to say we’re not stripping any protection from classes of people or people based on status. We are protecting expressive activity, regardless of protected and class status.”

“The court here was talking about basically a commission-based service that is customized and expressive,” Carpenter adds. “That’s a really narrow range.”

Quoted in TMD

Student Loan forgiveness

As we’ve previously reported, research suggests blanket partial forgiveness would disproportionately benefit wealthy and upwardly mobile graduates over low-income, debt-burdened borrowers. An analysis published by the left-leaning Brookings Institution found the richest 20 percent of households hold about a third of all student debt, compared to 8 percent held by the poorest 20 percent. Meanwhile, it’s possible a debt forgiveness precedent would incentivize students to take on more debt, allowing colleges to raise prices further. According to a DataStream analysis of Labor Department data, the cost of a college education has increased by 1,200 percent since 1980, compared to overall inflation of 236 percent.

TMD

These facts are probably what ticked off red states: student loan forgiveness was a payoff to a demographic already inclined to vote blue.

But they are not sufficient to warrant striking down the loan forgiveness. I don’t disagree with the Supreme Court majority that Biden lacked the power to forgive student loans en masse under the HEROES Act based on the “emergency” of Covid. Biden has promised to try again under other law.

Here’s what does trouble me about the Supreme Court decision: Did Missouri really have standing to bring the challenge? I do not like lawless government actions that try to evade court review, as the loan forgiveness was immediately understood to do because of standing issues. Similarly, I include the now-mostly-forgotten Texas abortion law of a very few year ago that defied pre-enforcement challenge by creating uncertainty about who to sue in such a challenge.

There ought be a law

Fake reviews might soon be illegal: “The Federal Trade Commission on Friday proposed new rules to take aim at businesses that buy, sell and manipulate online reviews. If the rules are approved, they’ll carry a big stick: a fine of up to $50,000 for each fake review, for each time a consumer sees it.”

Prufrock

We are in the grip of a grim, despairing rebellion against reality that imagines itself to be the engine of moral progress.

R.R. Reno

The end of the world as we know it is not the end of the world.

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. I’m even playing around a bit here, but uncertain whether I’ll persist.