We’ve Been Lucky Day

We’ve Been Lucky Day

What we are experiencing isn’t truly thankfulness, but only something like delight over good fortune. In this case, I wonder why we even call it thankfulness. Perhaps we should be celebrating a Gee We’ve Been Lucky Day, or, if times have been hard, maybe an It Could Have Been Worse Day. If a shorter name is needed, we could call it Okayness Day. I guess it would be something like Happy Hour.

J Budziszewski, wrested from context (i.e., this is not his position)

Eulogy — Mike Gerson

It’s nice to read Peter Wehner writing a eulogy instead of invective, however deserved.

Excerpts:

Mike [Gerson] was appalled at those who disfigured Jesus and used their faith for the purposes of dehumanization. It is one of the reasons why he was so thankful to publish an extraordinary essay in the Post before his death, lamenting Christians whose view of politics “is closer to ‘Game of Thrones’ than to the Beatitudes.”

Very few people knew the full scope of the health challenges Mike faced. He suffered a heart attack in 2004, when he was 40. Kidney cancer in 2013. Debilitating leg pain, probably the result of surgical nerve damage. The kidney cancer spread to his lungs. Then Parkinson’s disease and metastatic adrenal cancer. And finally, metastatic bone cancer in multiple locations, intensely painful. At one point he told me he was on 20 different medications. Mike and I joked that of all the figures in the Bible he could model himself after, he chose Job.

I am among those who had no idea of Gerson’s health problems. I admired his opinion pieces, but not quite enough to keep my Washington Post digital subscription.

Buying off the bloodhounds

[Y]ou don’t have to have a granular understanding of blockchain to understand [Sam Bankman-Fried] was a fraud. I think there are a lot of reasons he got away with it for as long as he did. Buying political cover from politicians with donations (Bankman-Fried was the Dems’ second biggest donor in the last cycle) and purchasing political cover from the media with woke gobbledygook about philanthropy is not a bad strategy. Also, hiding your malfeasance in the squid ink of technical jargon few people understand is pretty savvy as well.

But I think he had something else going for him. Democrats and the left love having billionaires in their corner. It’s a great way to blunt charges of “Marxism” and whatnot, and it’s also a fun way to advance the argument that there’s no real tension between progressive policies and profit. Having token billionaires is even better when those billionaires seem like they’ve broken the old paradigms of heavy industry and are on the cutting edge of innovation. Having dinosaurs who made their money the old-fashioned way—especially the ones who made their money from liquified dinosaurs—can trigger psychological or ideological second thoughts. Peddling ones-and-zeros just sounds so cutting edge.

One lesson from this is that new ideas and new technologies—not to mention getting rich off them—can blind you to the importance of due diligence. Say what you will about old-fashioned accountants and lawyers from prestigious firms—they at least have a vested interest in protecting their reputations and brands. Thinking that the rules of the past don’t apply to you is a great way to give yourself permission to break rules that definitely do apply to you.

Jonah Goldberg

I’d rather drink muddy water

My least-favorite series in the New York Times travel section is “36 Hours in [major city].” I would not enjoy dashing around and bar-hopping at night as they invariably describe.

Let me settle into a city for a bit, and give me time to catch my breath without liquor.

Is Orbán a Cosplayer?

There has always been a whiff of the fake about Mr. Orbán’s war on Brussels. That he never proposed the obvious solution to this impasse—Hungary’s exit from the European Union—exposed the limit of his gamesmanship. More fool the American conservatives who didn’t notice this sooner.

Joseph C. Sternberg, Orbán and the Collapse of the Trump Intellectuals

I don’t fully agree with Sternberg, but I welcome his pushback against Orbán if only because it doesn’t follow the usual script of name-calling and “everybody knows.”

Epistemic humility

Appealing to a higher, theological standard of judgment above politics can, in theory, act as a moderating influence that inspires humility, restraint, and even wisdom. But it often does the opposite—inspiring imprudent acts and judgments …

Of course, the religiously devout aren’t the only people who are prone to act in a way that fails to exemplify the spirit of liberality or civic generosity …

Liberalism is better off when these tendencies are tamed. The best way to accomplish that goal is to rely on civic education that instills lessons in epistemic humility and mutual respect for fellow citizens. But of course, such education will only receive political support if our fellow Americans already want to produce humble and respectful citizens in the first place.

Damon Linker, The Endless Skirmish Between Liberalism and Religion

I have a nit-picky disagreement with Linker. I doubt that we can maintain liberalism at all without the epistemic humility he commends, not just that “liberalism is better off when these tendencies are tamed.” Indeed, liberalism almost seems definitionally a polity of epistemic humility, a recognition that the other guy just might be right, and therefore can be worth close attention.

Florida Man and the Pro-life cause

The ethos of the Trumpist-dominated G.O.P. is fundamentally incompatible with the ethos of a healthy pro-life movement. The reason is simple: Trumpism is centered around animosity. The pro-life movement has to be centered around love, including love for its most bitter political opponents.

David French, The Pro-Life Movement Has to Break With Trumpism

An honest, full-cost accounting

[W]e need to replace fanciful dreams of endless energy from renewables with full-cost accounting, which an increasing number of experts are taking seriously. There are destructive environmental and social consequences to constructing the infrastructure for that energy production.

Wes Jackson and Robert Jensen, No Easy Answers: Facing Ecological Crises Honestly

I often post controversial or negative things with no comment. Not this time. I believe that Jackson and Jensen are right.

If wishes were horses …

[M]y friends at National Review plead[] with Republican hopefuls to clear the field for a Trump-DeSantis showdown.

That’s the right strategy if you’re a conservative whose goal is to maximize the GOP’s chances of nominating a superior candidate, but it’s eye-roll material if you’re an ambitious Republican politician who looks in the mirror and sees a president staring back.

That’s a great irony of the next cycle, incidentally. As selfish as Trump is in routinely placing his own interests above the GOP’s, the Chris Christies and Nikki Haleys who’ll end up piling into the 2024 field and splintering the anti-Trump vote will be guilty of having done the same.

Nick Cattogio, Trump Is About to Wreck His Legacy

Respect for Marriage Act

Yet the gains here are not negligible, either, and what is lost is—well, the answer to that depends on how realistic it is to think that Obergefell will be overturned within the next 10 years.

Matthew Lee Anderson, regarding the Respect for Marriage Act, quoted at The Dispatch (italics added)

I don’t think there’s a significant chance that Obergefell gets overruled for a long time. (Eventually, it probably will be overruled because it’s contrary to the nature of marriage and came about through an ideological mania. We’ll come to our senses eventually.) So, we (those concerned to preserve religious liberty) are getting something for essentially nothing.

Sounds like a presumptively good deal. Tell me how I’m wrong.

David French endorses RFMA, and has caught a lot of crap for it. Even Kristen Waggoner has misrepresented RFMA, but she’s now head of ADF, which may explain her factual flexibility.

Have I mentioned lately that my pen always totally dries up if I think of writing a check to ADF, but always works just fine for checks to Becket Fund?


[S]ubordinating truth to politics is a game which tyrants and bullies always win.

Jonathan Rauch, The Constitution of Knowledge

The Orthodox "phronema" [roughly, mind-set] cannot be programmitized or reduced to shibboleths.

Fr. Jonathan Tobias

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, 11/10/22

Election 2022

With a little help from their foes

[M]uch of the conversation about the modern Republican Party assumes … that Republican politicians are impossibly bound to the needs and desires of their coalition and unable to resist its demands. Many — too many — political observers speak as if Republican leaders and officials had no choice but to accept Donald Trump into the fold, no choice but to apologize for his every transgression, no choice but to humor his attempt to overturn the result of the 2020 presidential election and now no choice but to embrace election-denying candidates around the country.

But that’s nonsense. For all the pressures of the base, for all the fear of Trump and his gift for ridicule, for all the demands of the donor class, it is also true that at every turn, Republicans in Washington and elsewhere have made an active and affirmative choice to embrace the worst elements of their party — and jettison the norms and values that make democracy work.

Jamelle Bouie, No One Forced Republicans to Do Any of These Things

Nobody forced them, but a sleazy and dangerous Democrat tactic worked:

Democrats’ cynical decisions to boost more extreme Republican primary candidates seem to have paid off last night, as Price reports, with all six of the boosted primary winners losing to Democratic candidates. That’s likely to encourage future Democratic meddling—but operatives say it should also be a wake up call for Republicans supporting extreme candidates.

The Morning Dispatch

Some of these MAGA candidates were so thinly-funded — apart from the boost the Dems cynically gave them — that they were unlikely to win. And in the end (the general election), they didn’t.

For more, see Price St. Clair, Primary Meddling Pays Off for Democrats. Excerpt:

The Democrats meddling in Michigan’s 3rd District generated the most controversy. Incumbent Peter Meijer was one of only 10 Republican House members to vote to impeach Trump in the aftermath of January 6—but he lost his primary to Trump-aligned candidate John Gibbs after the Democratic Congressional Campaign Committee spent $425,000 boosting Gibbs. Pre-election forecasts suggested that the race was likely to end up being the closest of the six “MAGA meddling” races. On Tuesday, Gibbs lost by 8 points to his Democratic opponent Hillary Scholten, who had run an explicitly moderate campaign.

Lashed to the Orange mast as the ship overturns

Mastriano and Lake, meanwhile, successfully navigated their respective primaries by lashing themselves to the former president in essentially every respect. That meant throwing themselves behind stolen-election conspiracy theories, but it also meant disdaining the notion that they had to care about uniting the party. It was their job to wave the MAGA flag, and everyone else’s job to get in line.

This produced bizarre spectacles, like when Lake went out of her way to attack, not just the late Sen. John McCain, but any of her own potential voters who might have liked him. “We don’t have any McCain Republicans in here, do we?” Lake said at a campaign event. “Get the hell out!”

In a wave election, that sort of behavior might pay off as a triumphal assertion of who is in charge around here. With a loss, it ends up as a remarkable display of political hubris.

Andrew Egger, The End of ‘Stop the Steal’?

Voldemorting 45

“What every Republican leader knows, but few dare say out loud, is that 2022 would mark the third consecutive year that Republicans not named or tainted by Trump had a good election,” Jonathan Martin writes for Politico. “For all the affection Trump enjoys from his base, there’s a reason why it’s Democrats who are the most eager to make him the face of the GOP.”

The Morning Dispatch

Dissent

While others suggest this election was a defeat for Trump, Trumpism, and the Big Steal bullshit, the New York Times narrative makes it about America’s love of abortion together with a defense of democracy against its enemies.

I know I’m nowhere near the mainstream in many ways, and I was sufficiently inattentive to the campaign that I unwittingly early-voted for an Indiana candidate who, I learned on Election Day, is under a dark cloud. But despite the success of a few abortion-permissive post-Dobbs referenda, I’m not buying the Times narrative. It’s not absurd, but I don’t find it persuasive, either.

Politics more broadly

The GOP’s Urban failures

Young, educated urbanites in Texas are a lot like their counterparts anywhere else in the country. Imagine yourself as a high-achieving young Texan who wants to attend an elite university, graduate, move to Austin, and work at Apple. What does the Republican Party stand for that makes you feel that you belong there? Parker, the Fort Worth mayor, looks like precisely the kind of voter Republicans have an increasingly hard time reaching: a millennial woman with an elite university education, a graduate degree, and an address in a major city in what will soon be the nation’s third-largest metropolitan area.

There is good evidence that conservatives can get good things done in big cities. But, for the most part, big-city voters are not interested in Republicans.

“We’re the old man saying, ‘Get off my lawn!’” says Kevin Robnett of Fort Worth, a businessman, veteran, and longtime Republican activist. “We as a party have become anti-intellectual, and we have become anti-institution,” he continues. This has made it more difficult to connect with college-educated professionals in the cities and suburbs. “Our message is: ‘Something has been broken and you have been robbed, and things were better in the past.’ That’s our mantra now, and it is a losing vision for the entire millennial generation. They want to suck the marrow out of life. That’s why you don’t see them in offices, and they’re hard to employ. But one of the things about that generation that I really like—that we are not appealing to—is the sense that we can fix our problems, that our best days are ahead. I have an optimistic view of that generation, but our party does not.”

Worse than merely failing to sympathize with the values and aspirations of these voters, Republicans often sneer at them, denouncing the cities and the mode of life lived there as corrupt, dismissing the colleges and universities that prepare students for professional life as dens of inequity, and, increasingly, treating those at the commanding heights of business as cultural traitors. “You don’t tell a woman she’s ugly and should have made better choices and then try to get her to go out with you,” Robnett says.

Kevin D. Williamson

It can’t happen here

I didn’t read past this, but I’m inclined to agree with the top-level summary:

A MAGA America Would Be Ugly
Forget Orban’s Hungary. We’d be worse. By Paul Krugman

I’m still on the fence about whether Viktor Orban’s “illiberal democracy” is per se anathema (currently reading Karl Popper’s Open Society and Its Enemies), but I don’t think that today’s dramatis personnae on the American Right could pull it off here — with the possible exception of Ron DeSantis, who is far smarter and more thoughtful than his street-brawler looks suggest.

Culture

Good science not (necessarily) welcome here

Students are often happy to hear that there are genes for sexual orientation, but if you teach that most human personality traits, and even school achievement, have a heritable component, they start to squirm …

[I]t has become taboo in the classroom to note any disparities between groups that are not explained as the result of systemic bias.

Some grants focus almost exclusively on identity, as federal agencies, such as the National Science Foundation, now offer a surplus of grants with the purpose of “broadening the participation of members of groups that are . . . currently underrepresented”—instead of funding research to answer scientific questions.

But the field that is most directly affected is research related to humans, especially those dealing with evolution of populations.

As an example: The NIH now puts barriers to access to the important database of “Genotypes and Phenotypes (dbGaP).” The database is an amazing tool that combines genomes (the unique genetic makeup of each individual) and phenotypes (the observable characteristics of each individual) of millions of people. These phenotypes include education, occupation, health and income and, because the dataset connects genetics with phenotype at an individual level, it is essential for scientists who want to understand genes and genetic pathways that are behind those phenotypes.

The NIH now denies scientists access to this data and other related datasets. Researchers report getting permits denied on the grounds that studying their genetic basis is “stigmatizing.” According to one researcher, this happens even if the research has nothing to do with race or sex, but focuses on genetics and education.

Luana Maroja, An Existential Threat to Doing Good Science

Not with a bang but a whimper

Jeffrey Epstein accuser Virginia Giuffre, her lawyer David Boies and the disgraced financier’s former attorney Alan Dershowitz said Tuesday that they have dropped their defamation lawsuits against one another, ending a yearslong feud involving two of the nation’s best-known attorneys.

In announcing the resolution of the lawsuits, Ms. Giuffre said in a statement that she now recognizes that she might have made a mistake in identifying Mr. Dershowitz as one of her alleged abusers.

Mr. Dershowitz said in a statement Tuesday that he never had sex with Ms. Giuffre.

“I have nevertheless come to believe that at the time she accused me she believed what she said,” Mr. Dershowitz said. He added that he now believed that he was mistaken in accusing Mr. Boies of engaging in misconduct and extortion.

Defamation Lawsuits Dropped in Jeffrey Epstein Saga

Well, I’m glad that’s all — well, “cleared up” seems a bit strong.

Pro tip from someone who practiced law for 37 years and heard many jury verdicts announced: very seldom does either side feel fully vindicated and satisfied after the jury comes back.

Too typical

This is a humiliating moment. Or at least it should have been. The Daily Wire’s Matt Walsh went on Joe Rogan’s podcast and asserted that “millions” of kids have been on hormone blockers. That’s laughably absurd. There has been a spike in students identifying as genderqueer or non-binary, but millions of kids on puberty blockers?

Rogan’s team fact-checked Walsh in real time, and found that the true number of children placed on puberty blockers was less than 1,000 kids per year, out of the more than 70 million children in the United States.

[Embedded Tweet omitted]

I want to be crystal clear on where I stand. I don’t believe minor children should receive “gender-affirming” surgery or be placed on puberty blockers. States have the constitutional authority to block such treatments, and they should.

At the same time, one of the reasons why our politics has become so hysterical is constant exaggeration. Critical race theory is everywhere! Drag queens are overrunning our schools! Millions of kids are on puberty blockers!

Take something that’s bad (there are, in fact, harmful anti-racist training modules, drag shows for children are absurd, and no child should be given life-altering “gender-affirming” medical treatment) and then hype the threat. Make it pervasive. Frighten people. It’s a formula for ratings and clicks, but it’s also a formula for reactionary politics and constitutional violations. It’s a formula that heightens American polarization and contributes to pervasive anger and despair.

Walsh has cast himself as an expert on these matters. He created a documentary attacking radical gender ideology. He should know better.

David French

I am sick to death of implausible, if not outright innumerate, hyperbole from people I basically agree with.

(For what it’s worth, contra French, I’m uneasy with outright bans on “gender-affirming care” of adolescents because, even if “trans” is a social contagion, and there has been profiteering and ideological blinders at gender clinics, I’m not prepared to say that no adolescent needs such a band-aid, if only to cover the deep wound of genuine, persistent and extreme gender dysphoria.)


[S]ubordinating truth to politics is a game which tyrants and bullies always win.

Jonathan Rauch, The Constitution of Knowledge

The Orthodox "phronema" [roughly, mind-set] cannot be programmitized or reduced to shibboleths.

Fr. Jonathan Tobias

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.

Election Day 2022

I’m going to post this Monday evening though some of it is Tuesday-oriented and some (I am included) have already voted, because much if it is relevant to the impending election.

Election 2022

Worrisome

I’m old enough to remember the Beatles appearing on “The Ed Sullivan Show” and I can’t remember an election in which so many political newcomers had a serious shot at taking out established politicians of the opposite party.

Here’s the short list among the Senate races: J.D. Vance in Ohio, Herschel Walker in Georgia, Mehmet Oz in Pennsylvania, Blake Masters in Arizona, Don Bolduc in New Hampshire, Joe O’Dea in Colorado and Tiffany Smiley in Washington. They are, respectively, a venture capitalist/author, an ex-football star, a doctor/television celebrity, another venture capitalist, a retired Army general, a construction company CEO and a nurse. They’re all complete outsiders with no political experience. Their Democratic opponents, except for Pennsylvania’s John Fetterman, on the other hand are all incumbent senators or representatives. Even so, Mr. Fetterman is no rookie, having served as a small-town mayor before becoming lieutenant governor.

Gregg Opelka, GOP Outsiders Dominate the 2022 Midterms

Not just difference, but menace.

Americans are sorting themselves out by education into two roughly equal camps. As people without a college degree have flocked to the G.O.P., people with one have flocked to the Democrats.

“If Democrats can’t win in Nevada,” one Democratic pollster told Politico, “we can complain about the white working class all you want, but we’re really confronting a much broader working-class problem.” Even Black voters without a college degree seem to be shifting away from the Democrats, to some degree.

Back in those days I didn’t find a lot of class-war consciousness in my trips through red America. I compared the country to a high school cafeteria. Jocks over here, nerds over there, punks somewhere else. Live and let live.

Now people don’t just see difference, they see menace. People have put up barricades and perceive the other class as a threat to what is beautiful, true and good. I don’t completely understand why this animosity has risen over the past couple of decades, but it makes it very hard to shift the ever more entrenched socio-economic-cultural-political coalitions.

Historians used to believe that while European societies were burdened by ferocious class antagonisms, Americans had relatively little class consciousness. That has changed.

David Brooks, Why Aren’t the Democrats Trouncing the Republicans?.

I find myself in the odd position of fitting the Democrat college-educated, sushi-eating, jazz-listening, foreign-traveling profile, but rejecting both major parties ideologically. This goes back to 2005, as I’ve said before.

What has changed for me since the 2016 election is that I think I’ve apprehended the new Republican zeitgeist, so that the 2016 election of Trump no longer baffles me nearly so much.

This doesn’t mean that all is normal, all is well. The press won’t let us forget that a great many 2022 Republican candidates are unqualified and/or conscious liars about the 2020 election, but the Democrats have a good share of odd-balls, too.

It’s a very unhealthy polarization, elimination of which I’m inclined to effectuate through ranked-choice voting until I hear a better idea.

Is Democracy on the Ballot?

Sure, Americans like to complain about democracy, but they don’t want to get rid of it. Indeed, besides a handful of fringe dorks and radical fantasists, there is literally no significant constituency on the American right or left for getting rid of democracy. There are significant constituencies for bending the rules, working the refs, even rigging the system, and these constituencies should be fought relentlessly. But while often in error, most of these people believe they are on the side of democracy. The people who wildly exaggerate both voter suppression and voter fraud believe what they’re saying. They’re just wrong.

I take a backseat to no one in my contempt for both the grifters and sincere hysterics on the right who take things like Dinesh D’Souza’s 2000 Mules seriously. But even Dinesh’s carefully crafted crackpottery works on the assumption that democracy is good. Even putsch-peddlers like Michael Flynn argued for rerunning the election, because in America we believe that elections confer legitimacy for elected positions.

For all of Donald Trump’s lies about the election being stolen, his mendacious vice pays tribute to the virtue of democracy. He wants people to believe he actually won. His whole bogus pitch is premised on the idea that democracy should be restored.

Now, I should be clear. I don’t think Donald Trump gives a damn about democracy, but he knows deep in his condo salesman brain that the American people do. His attitude toward democracy is indistinguishable from his attitude toward golf and business—he sees nothing wrong with cheating, but he also wants people to believe he won fair and square.

Cheating is terrible. But there’s a difference between stealing a couple bills from the bank when playing Monopoly and saying, “Screw this game, it’s corrupt. I choose Stratego!”

Jonah Goldberg

The GOP as hostage crisis

The conservative world is, right now, largely split between two camps: the Republican establishment and the MAGA populists. Traditional Republicans still understand the importance of character, at least to some extent. Indeed many of them were proud of a perceived contrast between the Bill Clinton–led Democratic Party and a Republican Party that (once) remembered when character was king.

But now, as my Dispatch colleague Nick Catoggio writes, “The modern Republican Party is essentially a hostage crisis in which each wing could kill the party by bolting the coalition but only one wing is willing to do it and both sides know it.” The MAGA wing will stay home if its demands aren’t met. The establishment, by contrast, dutifully marches to the polls, no matter who has the “R” by their name.

David French

Politics generally

Equivalencies can be true

I find that often the equivalence is not quite as false as individuals like to think that it is. For example, we hear claims that Republicans do not support democratic norms. If someone mentions Abrams as a counter-example then one would be hit with the false equivalency charge. But a recent poll shows that resistance to democratic norms among Democrats is not less common than it is for Republicans …

Many commenters on the left state that politically inspired violence is a problem on the right. Pointing out the attack on Scalise only gets you an accusation of false equivalency. Yet this same poll tells a different story. Democrats are more supportive of politically inspired protesting without a permit (36.6% to 31.6%), vandalism (8.1% to 3.6%), assault (3.5% to 1.1%) arson (2.1% to .9%), assault with a deadly weapon (2.1% to .8%) and murder (1.6% to .1%) than Republicans. It is easy to make the case that attitudes supportive of political violence are much more of a problem on the left than on the right.

But let’s admit that there are times when conservatives are more in the wrong than progressives. Is that still justification to run behind a false equivalency argument to ignore the sins on the left? It is not. A society where men are allowed to hit their wives is better than a society where men are allowed to kill their wives. However, they should not hide behind arguments of false equivalency to avoid the obvious problem that they should not be hitting their wives.

George Yancey, The Problem with False Equivalency Claims

The de-Baathification of the GOP

[H]ere’s the thing for Democrats: There will be no de-Baathification of the Republican Party.

The “reckoning” for which many Democrats and some Republicans have yearned for years—the one in which Trump is ruined and all of the toadies who drooled on his golf shoes will either also be ruined or forced to come begging for forgiveness—is not to be. That’s not to say that Trump might not one day be ruined or that many who once sported red hats with pride will quietly abjure their MAGA membership. It’s just that these things don’t happen all at once.

Almost half of the Republicans in the Senate voted against censuring Sen. Joe McCarthy in 1954 after the Wisconsin red baiter drove one of his fellow senators to suicide with blackmail over the senator’s son’s homosexuality. Out of 206 Democrats in the House in 1998, only five could bring themselves to vote to impeach Bill Clinton for lying and obstructing justice to conceal his assignations with a 21-year-old White House intern, offenses he had obviously committed. It took decades in both cases for the parties to come to terms with what partisanship had blinded them to.

If the GOP ever comes back to being interested in governing again, it will come a little bit at a time.

Chris Stirewalt, Dems Face a Test After Tuesday

The wrongness of Roe

If Dobbs has shown us anything, it is the limited usefulness of constitutional theory to the pro-life movement. The future of the cause will require sustained engagement with the questions of biology and metaphysics upon which the anti-abortion position has always depended, questions that lie outside politics in the conventional sense of the word. Legal thinking is by nature unsuited for such efforts — and perhaps even corrosive to them.

Matthew Walther in the New York Times

As an attorney (albeit retired), I will not apologize for long considering the reversal of Roe v. Wade a good to be sought in and of itself, regardless of what state legislatures subsequently would do on the topic of abortion. In this, I’m not so much arguing with Walther as pointing out that there is more than one perspective on the wrongness of Roe.

Claremont Institute’s diagnosis

I listened recently to an episode of the podcast Know Your Enemy, a couple of articulate young lefties putting American conservatism under the microscope, and I think they helped me figure out what the heck has gone wrong with the Claremont Institute.

The Claremont Institute is broadly “Straussian,” but its “West Coast Straussianism” differs from “East Coast Straussianism.” One way it differs is its valorization of Thumos. That may at least partially explain grotesqueries like Michael Anton’s 2016 Flight 93 Election and Claremont’s continuing favorable orientation toward Orange Man.

Twitter

This is Marx on Twitter. Any questions?

Twitter used to be owned by someone from a particular economic class, and should [Elon] Musk get tired of his new toy he’ll sell it to people from that same class. What I’m complaining about in the essay is not that Musk is being criticized but rather that the criticism leaves off the hook the rest of the ownership class that previously owned Twitter, such as the Saudis. (That is, an autocratic theocracy that beheads people for being gay.) The basic contention of the essay is that Marxist class analysis teaches us that the ownership class as a class is our enemy, and that moralizing about individual members of that ownership class is not a Marxist project. That he is the world’s wealthiest person does little to distinguish himself from the rest of the ownership class, and nothing to change the basic class analysis; he’s no better but not particularly any worse.

Freddie deBoer

On leaving Twitter

While a denizen of Twitter, I prided myself on never having retweeted that picture of the shark swimming down the street during a hurricane, or, for the most part, any of its text equivalents. I don’t think my own mind ever got poisoned, in other words, but I did see minds poisoned. (‘Who goes redpill?’ is an article I would like to read someday.) The thing is that on Twitter there’s always a hurricane, and a shark is always swimming toward you through its chum-filled waters. Repeatedly batting it on the nose takes effort, and is that how you want to spend your one and only life?

Caleb Crain via Alan Jacobs

Culture

How we think

[P]erceptual and pictorial shapes are not only translations of thought products but the very flesh and blood of thinking itself.

Rudolf Arnheim, Visual Thinking, via Iain McGilchrist, The Master and His Emissary

The delusions delivered by ideologies

[A]ll ideologies seek to do the impossible. Which is to contain the uncontainable cosmos in rational, propositional thought in order to fix it …

The theoretical models we create can never—will never— actually match the unspeakable and unsayable fullness of reality, no matter how powerful our computers become, or thorough our thinking. The map can never be the territory—it is as simple as that. This is even more true with those aspects of reality that actually matter, that actually means something to us, e.g., Love, Meaning, Beauty, God, etc. Instead, this impulse focuses on simple systems it can somewhat model and reduces everything to that. Yet this simple-minded approach is what humans have been trying to do for some 500 years or more. It has in some ways worked wonders, but in those wonders, it has created disasters—disasters both psychological, political, and ecological.

This habit of control is built into the way we have been taught to think, be and move into the institutions that are supposedly charged with our well-being. As this becomes clearer, however murky, we try to hide from it2. Since this reductive/abstracted way of relating to the world is what we know because it is what we have been taught, the more we seek to swerve from the catastrophe the more we steer into. We are trying to solve the problem by the same means that got us into it in the first place. Even those who see the problem most clearly are hardly immune from this blindness. To engage with reality differently is now a struggle against ourselves, given the current state of affairs. We need to start from a very different kind of beginning.

Jack Leahy, Where Two or Three are Gathered: On the 12-Steps and Forming Anarcho-Contemplative Community

Or more succinctly:

Let me keep my distance, always, from those
who think they have the answers.

Let me keep company always with those who say
“Look!” and laugh in astonishment,
and bow their heads.

Mary Oliver, Evidence: Poems


[S]ubordinating truth to politics is a game which tyrants and bullies always win.

Jonathan Rauch, The Constitution of Knowledge

The Orthodox “phronema” [roughly, mind-set] cannot be programmitized or reduced to shibboleths.

Fr. Jonathan Tobias

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, 7/21/22

Newsie

Good guys with guns

[A] common argument in favor of "high capacity" magazine bans is that defensive gun use never needs more than a few bullets. Here, the good samaritan used ten bullets, and he could have needed even more. In California, for example, magazines are limited to ten rounds. Had the good samaritan needed one more bullet to drop the assailant, he would have been out of luck in California.

Update 2: The Greenwood Police now report that the Good Samaritan acted quickly. In the span of 15 seconds (not 2 minutes), he fired 10 rounds, eight of which hit the assailant. And his first shot hit the assailant from 40 yards!

That is some top-level accuracy.

Josh Blackmun

I wasn’t going to say much about this until I saw that second update. That was the first time I heard that 8 of 10 shots hit the terrorist, one from 40 yards. It kind of boggles the mind.

Covid vaccination breakthrough?

The Centers for Disease Control and Prevention on Tuesday recommended Novavax’s COVID-19 vaccine for use in people age 18 and older, clearing the last regulatory hurdle before the shot’s widespread distribution in the U.S. Novavax’s two-dose vaccine relies on well-established vaccine technology, providing an alternative for people reluctant to take the newer mRNA vaccines made by Pfizer and Moderna. The U.S. has purchased 3.2 million doses of the Novavax shot.

The Morning Dispatch makes a good point about the likely nexus between new mRNA technology and vaccine resistance. I thought mRNA, which I didn’t really understand, was a lesser evil than Covid, but some other opinions varied.

News you can abuse, ignore

In the parts of the world where monkeypox is newly spreading, like the United States and Europe, the people currently most at risk of getting the disease are gay and bisexual men. A recent update from the World Health Organization noted that cases in newly afflicted countries have mainly been among “men who have had recent sexual contact with a new or multiple male partners.” In Europe, just 0.2 percent of the men who have gotten the disease identify as heterosexual. Reports from the center of the U.S. outbreak—New York City—show that “the number of monkeypox cases has nearly tripled in the last week, nearly all of them among men who have sex with men.” The infectious-disease and LGBTQ-health journalist Benjamin Ryan notes that though the U.S. is, frustratingly, not collecting demographic details on monkeypox patients, Britain is, and the numbers there are clear: “Half of men screened for monkeypox tested positive; women, by contrast, tested positive only 0.6 percent of the time.”

Opening paragraph of U.S. Messaging on Monkeypox Is Deeply Flawed.

If AIDS was the first politically-protected disease, Monkeypox is the second. Most of our media and government simply cannot find the integrity to speak plain, helpful English about diseases that are sexually transmitted among gay men. They’re probably trying to protect them; as so often, they may accomplish the opposite of their intention.

Politics and Legal Wrangling

Contraception, Sodomy, Same-sex marriage

I agree that “[n]othing in [the Court’s] opinion should be understood to cast doubt on precedents that do not concern abortion.”

For that reason, in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell. Because any substantive due process decision is “demonstrably erroneous,” … we have a duty to “correct the error” established in those precedents. After overruling these demonstrably erroneous decisions, the question would remain whether other constitutional provisions guarantee the myriad rights that our substantive due process cases have generated. For example, we could consider whether any of the rights announced in this Court’s substantive due process cases are “privileges or immunities of citizens of the United States” protected by the Fourteenth Amendment.

Clarence Thomas’s concurrence in the Dobbs case (which overruled Roe v. Wade and Planned Parenthood v. Casey).

I looked this up because I doubted news stories that said Thomas had "called for" re-examination of these other "substantive due process" decisions. I publish what I found to acknowledge that he did call for that, and to provide context:

  • Justice Thomas’s dictum tacitly invites challenges to these other "substantive due process" decisions, but I’m not sure he’ll get any challenges unless some government in the U.S. tries to undermine the court-decreed rights to contraception, consensual adult sodomy or same-sex marriage. Unlike the situation with abortion, I’m just not sure there’s anywhere left in the U.S. where a legislative majority could mistake opposition to these for a winning political position. In other words, how would SCOTUS get a case challenging contraception, consensual adult sodomy or same-sex marriage? Am I missing something?
  • You can certainly accuse Thomas of pedantry in his criticism of "substantive due process" while explicitly leaving open a door to recognizing the selfsame rights as "privileges or immunities of citizens of the United States," but that strikes many as a better legal foundation. Liberal Yale Law School Professor Akhil Amar heartily respects, perhaps even embraces, that approach.

Where should America go legislatively on abortion?

I’ve said that any legislative resolution will have greater constitutional legitimacy than did Roe‘s bogus constitutional pretexts, and I meant and mean that.

But I now should add the qualifier that I’m not sure this is a fit subject for national legislation on the circumstances where abortion should or shouldn’t be lawful. Maybe there’s room for some Congressional legislation, like maybe protecting the right to travel (which already is judicially recognized, be it noted), but historically, abortion is a matter for the states. (I’d say the same, by the way, if Congress was weighing restriction rather than liberalization.)

I’ve always assumed that once Roe was out of the way, we’d eventually reach some ideologically-unsatisfying legislative compromise, as have western European nations. I don’t think my opinionating could change that.

A Bill with exceptions exceptions for rape, incest and life of the mother was introduced in Indiana’s Special Session Wednesday (a Session called to rebate some of our budget surplus, but expanded after Dobbs). Legislators who are fighting against those compassionate exceptions (and there are some) are likely to pay a political price.

Democracy and distrust

The Secret Service reportedly told the January 6 select committee on Tuesday that it cannot recover deleted text messages from the days surrounding the Capitol attack after all, and has no new messages to provide. The agency says the messages were lost as part of a technology upgrade. The National Archives has asked the Secret Service to report within 30 days on the “potential unauthorized deletion” of agency records, including what was lost and how.

The Morning Dispatch.

This story has me as frustrated as any recent story. I would have thought the Secret Service above such stuff. Everything Orange Man/Reverse Midas touches turns to merde.

Norms

We no longer honor norms; we weaponize them.

Jonah Goldberg on Bari Weiss’ Honestly podcast Election Denial: A Roundtable. Jonah had Bari laughing out loud so many times (e.g., Trump "Tweeting like a monkey escaped from a cocaine study") that I see one of two futures:

  1. Jonah becomes a frequent flyer with Bari; or
  2. Bari, fearing loss of gravitas, never invites him again.

For what it’s worth, I found her laughter delightful.

Why we need philosophers

Over forty years, Kant taught this lecture series forty-eight times. In his Physische Geographie, as the series was called, Kant insisted that knowledge was a systematic construct in which individual facts needed to fit into a larger framework in order to make sense. He used the image of a house to explain this: before constructing it brick by brick and piece by piece, it was necessary to have an idea of how the entire building would look. It was this concept of a system that became the linchpin of Humboldt’s later thinking.

Andrea Wulf, The Invention of Nature: Alexander Von Humboldt’s New World.

Note that Kant was referring to knowledge, not just scientific knowledge.

Why we don’t need end-times opinions

“We may have another year, maybe two years, to work for Jesus Christ, and [then] . . . it’s all going to be over,” he said in 1951. Two years later he said, “I sincerely believe, if I can study the Scriptures aright and read current events and keep with my current reading, that we are living in the latter days. I sincerely believe that the coming of the Lord draweth nigh.”

Frances Fitzgerald, The Evangelicals: The Struggle to Shape America

I admired Billy Graham. Now, I’d call him "consequential" rather than "great." Maybe that’s hair-splitting.

Self-sabotage

Many years ago I had a student who took several classes from me and never got anything better than a C. At the beginning of his senior year he came to my office and asked me why. I reminded him that I had always made detailed comments on his paper; he said, yeah, he knew that, but he had never read the comments and always just threw the papers away. So I explained what his problem was. He nodded, thanked me, went away, and in the two classes he had from me that year he got the highest grades in the class.

improving – Snakes and Ladders

Organic towns, functional cities

Town and city are no longer the organic growths they once were. They have begun to operate on a purely functional level that has little to do with what actually brings grace into our lives. You eviscerate a habitat of its culture and the species it supports will find it increasingly difficult to survive or else they’ll mutate into something else.

Marius Kociejowski, A Factotum in the Book Trade, via Prufrock

Why do we so mythologize the sixties?

So why do those that would lead us treat the sixties as though they were our Heroic Age?

My theory is very simple: it is the last time that any of them mattered.

Those on the left pretend that society can be guided with the right policies from powerful institutional centres. They flatter themselves otherwise, but so do those on the right, even if their versions of ‘right policies’ often involves slimming down some institutional centres. The seventies taught us a harsher lesson. They ended one of modernity’s founding political myths, the idea that the vast bureaucratic engines the modern state uses to intimately order the lives of millions could be understood as a variation on the Greek city-states. They cannot: a modern state is a different order of being. It cannot be controlled by institutional centres, and even those centres can no longer be controlled. Any attempt to limit them only renders them more powerful. Nowadays, even the Machine’s smaller cogs are too big for human hands. This is the truth that our ‘leaders’ cannot even whisper. For if social institutions have become invulnerable to meaningful control, then their entire caste – politicians, journalists, civil service managers, researchers, and all – serve no purpose. To admit their pointlessness would end them. So, liberal and conservative alike, they retreat to the sixties and pretend that it matters as they launch into another round of culture war. It doesn’t matter and they don’t matter. They cannot prevent the end that is coming.

FFatalism, The culture wars were irrelevant by 1976


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

Anthony Esolen, Out of the Ashes

You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

Saturday, 7/16/22

Bankrupt

[Herschel] Walker’s personal flaws have made him an outlier: The Daily Beast last week reported that the former football great fathered several secret children and lied to his campaign staff about it — with the story quoting Walker’s own aides calling the candidate a "serious liability."

Axios (emphasis added).

Pardon me, but when the candidate himself is a "serious liability," what possible assets would suffice to make the campaign solvent?

Proof, I guess, that Campaign Aide is not a job requiring high levels of introspection or even basic love of country.

Axios lists four more states (Pennsylvania, Missouri, Ohio, Arizona) where the GOP nominated such bozos or scandal-magnets that regaining the Senate looks iffy. Imagine that: 5 very winnable Senate seats imperiled by extremist primary voters.

To win today, you should look relatively sane, and in a lot of races, only the Democrats are passing that test. That’s a real shame, because the Democrats are going to do some ugly things if they’re in control of Congress and the White House, and if SCOTUS rules even one of them ultra vires, let alone substantively unconstitutional, the slanders will intensify.

From Friday’s Morning Dispatch

Hate crime

The Department of Justice announced Thursday that a federal grand jury has indicted the man accused of murdering 10 black people in a Buffalo grocery store in May on hate crimes and firearms violations. If convicted, he could face life in prison or the death penalty. “The Justice Department fully recognizes the threat that white supremacist violence poses to the safety of the American people and American democracy,” Attorney General Merrick Garland said in a statement. The supermarket is set to reopen today.

If ever a crime was a "hate crime," it was this one. But after 30 or more years of intermittent reflection, I’m still not convinced that hate crime laws are an improvement in criminal justice.

A pox on both houses

Texas Attorney General Ken Paxton on Thursday sued to block enforcement of the Biden administration’s recent guidance telling health providers that life- or health-saving abortions are protected by the Emergency Medical Treatment and Active Labor Act, regardless of state abortion restrictions. The lawsuit alleges the guidance “flagrantly disregard[s] the legislative and democratic process,” and seeks to “transform every emergency room in the country into a walk-in abortion clinic.”

Ken Paxton is a cowboy, with very plausible allegations of corruption against him (See Timeline: 6 times Texas AG Ken Paxton faced allegations of malfeasance and pending criminal charges.

On abortion, Joe Biden has become a cowboy, who cares less about constitutional limits than about virtue-signaling. (He’s also more corrupt than I realized in the 2020 election, though I still didn’t vote for him — I threw my vote away for principles I care about, not for the lesser evil who inevitably was going to lose to the greater evil in my state).

So I’m glad Paxton is challenging some of Biden’s moves. I wish his Solicitor General well, while wishing total disgrace for him personally. (And I don’t predict 100% success for Texas.)

Internet delight

The internet can be a pretty mean and nasty place, but it still has the ability to delight you every once in a while. Enter the Northwoods Baseball Radio Network, a podcast feed produced by a mysterious “Mr. King” that features nothing other than two-hour-long fictional baseball broadcasts designed to help insomniacs get to sleep. “No yelling, no loud commercials, no weird volume spikes,” the tagline reads. “Fans call it ‘baseball radio ASMR.’” Katy Waldman was entranced. “Time—how it’s apportioned, and the inner experience of it—seems to be the show’s main character. The series could be a sendup of Americana, the aesthetic’s essential boringness, or a love note to memory, with the hazy, preserved glow of a scene unburied from childhood,” she writes in The New Yorker. “The show’s best feature remains the pure sonic contentment it delivers. Real or fantastical, baseball commentary unfolds as metered poetry: ‘IN there for a called STRIKE,’ goes the rising question. ‘It’s OH and ONE,’ goes the falling answer.”

Lost, Not Stolen

Eight prominent conservatives released a report on Thursday examining “every claim of fraud and miscount put forward by former President Trump and his advocates” following the 2020 presidential election and reached an “unequivocal” conclusion: “Joe Biden was the choice of a majority of the Electors, who themselves were the choice of the majority of voters in their states.”

“The idea is that it’s written by conservatives, for conservatives,” Griffith said. “We recognize the people who are watching [Morning Joe and CNN] are probably not the people we’re primarily interested in. I mean, we’re happy to tell our message to anyone, but it’s really the folks who are conservatives who think the election was stolen.”

In the report’s executive summary, the eight men take pains to emphasize their conservative bona fides. “Every member of this informal group has worked in Republican politics, been appointed to office by Republicans, or is otherwise associated with the Party,” they write. “None have shifted loyalties to the Democratic Party, and none bear any ill will toward Trump and especially not toward his sincere supporters.”

Price St. Clair, A 2020 Election Report ‘By Conservatives, For Conservatives’.

My only concern about these high-level investigators is why they don’t "none bear any ill will toward Trump" after he lied, denied his own Justice Department’s conclusions, and precipitated a constitutional crisis to try to steal the election.

Temporary truce

I’m declaring a 15-minute pause in my bitter Jihad against Sen. Josh Hawley (who seemed like the real deal until he decided the future was populist, not conservative):

Meanwhile, high profile pro-choice advocates remain unconvincing. If you haven’t seen it, here’s the viral video of UC Berkeley School of Law professor Khiara Bridges sparring with Senator Josh Hawley. She insisted on using the phrase “people with the capacity for pregnancy,” rather than the verboten word women. When Hawley said, well then, “this isn’t really a women’s rights issue,” the Berkeley professor balked.

Nellie Bowles

Actually, Hawley’s point was cute, but deflected without hesitation, so it wasn’t any kind of mike-drop moment. Speaking presumptuously for the normie community, I’d say Hawley won handily. The whole relevant exchange, via Conor Friedersdorf:

Senator Hawley: Professor Bridges, you said several times––you’ve used a phrase, I want to make sure I understand what you mean by it. You’ve referred to “people with a capacity for pregnancy.” Would that be women?

Professor Bridges: Many women, cis women, have the capacity for pregnancy. Many cis women do not have the capacity for pregnancy. There are also trans men who are capable of pregnancy, as well as nonbinary people who are capable of pregnancy.

Hawley: So this isn’t really a women’s-rights issue, it’s a––

Bridges: We can recognize that this impacts women while also recognizing that it impacts other groups. Those things are not mutually exclusive, Senator Hawley.

Hawley: Alright, so your view is that the core of this right, then, is about what?

Bridges: So, um, I want to recognize that your line of questioning is transphobic and it opens up trans people to violence by not recognizing them.

Hawley: Wow, you’re saying that I’m opening up people to violence by asking whether or not women are the folks who can have pregnancies?

Bridges: So I want to note that one out of five transgender persons have attempted sucide, so I think it’s important––

Hawley: Because of my line of questioning? So we can’t talk about it?

Bridges: Because denying that trans people exist and pretending not to know that they exist––

Hawley: I’m denying that trans people exist by asking you––

Bridges: Are you? Are you?

Hawley: ––if you’re talking about women having pregnancies?

Bridges: Do you believe that men can get pregnant?

Hawley: No, I don’t think men can get pregnant.

Bridges: So you’re denying that trans people exist!

Hawley: And that leads to violence? Is this how you run your classroom? Are students allowed to question you or are they also treated like this, where they’re told that they’re opening up people to violence––

Bridges: We have a good time in my class. You should join. You might learn a lot.

Hawley: I would learn a lot. I’ve learned a lot just in this exchange. Extraordinary.

(Pro-tip to the "men can get pregnant" set: if only you would phrase it as "trans men," I might play along. Lose the "trans men are men and trans women are women" dogma if you want any normie support whatever.)

Against aspiration

Wow!:

Let me try to illustrate what I mean. At one point, I was a commuter. It didn’t last, but I did find watching other rush-hour drivers fascinating. Like a rubbish modern version of a nineteenth century naturalist, I used to classify them based on observable features. One particular type of driver usually drove a German luxury car. They would drive fast and close, exhibit visible frustration if the car in front of them had a large gap in front of it; and would shift lanes frequently, jostling for position among the other commuters. …

I came to see their behaviour as reflecting a deep[] confusion. My theory is that they were not emotionally differentiating between getting to work faster and going faster than the people around them. In other words, they failed to distinguish between their longer-term goals and interpersonal competition, even when the interpersonal competition was more or less fruitless. In this, they helped me to understand another group that had puzzled me: the British upper-middle classes, who seemed to me to be similarly focused on markers of interpersonal status that were completely divorced from their own overall flourishing, even in contexts where they had a negligible degree of control over the outcome.

… Its measures are intrapersonal: how well the person is doing on a scale against the rest of society, not how well they are flourishing as an organic being.

… I am not arguing for better aspirations here. I am arguing against aspiration.

This might seem harsh, but that is because the language of aspiration has debased our political language. I am not arguing against individual success. I am arguing that a society whose only measure of success is doing better than other people has no true concept of success at all. …

I have no aspiration for Yorkshire because Yorkshire is older, bigger, and better than the language of aspiration and than our entire degenerate post-war political class. I have no aspiration for Yorkshire because I have hope for it, and hope is a different kind of thing. I do not want Yorkshire to do well in the race to the bottom that now passes for civilisation. I want Yorkshire to survive it.

Leaving behind aspiration – by FFatalism

The Machine speaks

‘The body is mine and the soul is mine’
says the machine. ‘I am at the dark source
where the good is indistinguishable
from evil. I fill my tanks up
and there is war. I empty them
and there is not peace. I am the sound,
not of the world breathing, but
of the catch rather in the world’s breath.’

Is there a contraceptive
for the machine, that we may enjoy
intercourse with it without being overrun
by vocabulary? We go up
into the temple of ourselves
and give thanks that we are not
as the machine is. But it waits
for us outside, knowing that when
we emerge it is into the noise
of its hand beating on the breast’s
iron as Pharisaically as ourselves.

R.S. Thomas, Collected Later Poems


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

Anthony Esolen, Out of the Ashes

You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.


	

Saturday, 7/9/22

Dobbs

Digesting Dobbs‘ legal fallout

Most of my favorite podcasters have annoying mannerisms, but substance too good to get hung up on it. For a ConLaw geek, Akhil Amar’s Amarica’s Constitution fits that to a "T".

Amar glories in saying "I told you so" (not in those words) over and over and over, but as they say, "it ain’t bragging if you can do it." He definitely is one of our nation’s top Constitutional Law scholars.

Amar is a "pro-choice" liberal who recognized that Roe was a real dog’s breakfast. So I took seriously his July 6 ruminations on the rationale of Dobbs, which he considers justified if flawed (for context, note that finding little flaws in justified opinions is roughly half of what legal teaching is about).

If the court takes the Dobbs reasoning elsewhere, it portends more reversals of precedent, though not necessarily contraception, miscegenation, sodomy or same-sex marriage. (For instance, in what state in 2022 would laws against them pass to create a test case? And if such a law were passed, there’s more to stare decisis analysis than "was this wrong when decided?" or even "was this egregiously wrong when decided?")

But the originalist approaches of the conservative majority are going to be less deferential to precedent than to the original meaning of the constitutional provision in question. And that’s as it should be because the constitution, not precedent, is the supreme law of the land, and to it Justices take an oath. (It’s understood, though, that lower courts are bound by precedent from higher courts.)

I’m not sure what precedents will be at most risk, but I think we’re going to find out.

Dobbs cultural fallout

“Men, it’s on us now,” someone said on Twitter just hours after Roe v. Wade was overturned on June 24. “Either start wearing contraceptives or get a vasectomy.” In the two weeks since, the suggestion that men can or should express solidarity with women by getting vasectomies to prevent unwanted pregnancies has proliferated online. The tone varies from flirty (“getting a vasectomy is the new 6-foot-4”) to pointed (“i don’t want to hear a peep out of anyone with a dick until the vasectomy appointment is scheduled”), but the overarching message is the same: “If you create sperm and can get someone pregnant, go get a vasectomy,” one viral tweet read. “We are tired.”

… Google Trends shows a small increase in vasectomy searches during the first week of May, when the draft decision first leaked, followed by a second, larger one starting in late June. Doctors have also reported higher interest in the procedure. “We have never seen a vasectomy spike like this in response to a single political or social event,” the Florida-based urologist Doug Stein told me.

Doctors like Stein, who has been dubbed “The Vasectomy King” by local press, have spent years evangelizing for the procedure. Now their cause is suddenly ascendant. The nation’s vasectomy influencers are in the spotlight.

The Vasectomy Influencers.

Well, I certainly didn’t see that coming, though I suppose it was unrealistic to expect an outbreak of chastity.

Remember, young Lothario: vasectomy is forever. Maybe you should just keep it in your pants until you’re ready to start adulting. Not that adulting is always easy.

Adulting in America

If you’re an adult in America today, you’ve learned how to speak furtively of what is happening, how to deploy discretion in repeating what you’ve heard, this secret grammar of mass murder. Time was that a horror like the 2006 slaying of five Amish schoolgirls by a deranged gunman would hold up daily affairs for at least a few moments; even little ones could detect a disruption in the normal order of things. By now we know that if the kids are young enough to miss the news, you might as well let them, because there will—not might, but will—come a day when the reality of their situation finds them.

Elizabeth Bruenig, Living in an Age of Mass Shootings

Too much more about Orange Man and Kindred Spirits

Trumpian "coincidences"

Among tax lawyers, the most invasive type of random audit carried out by the I.R.S. is known, only partly jokingly, as “an autopsy without the benefit of death.”

The odds of being selected for that audit in any given year are tiny — out of nearly 153 million individual returns filed for 2017, for example, the I.R.S. targeted about 5,000, or roughly one out of 30,600.

One of the few who received a bureaucratic letter with the news that his 2017 return would be under intensive scrutiny was James B. Comey, who had been fired as F.B.I. director that year by President Donald J. Trump. …

Among those who were chosen to have their 2019 returns scrutinized was the man who had been Mr. Comey’s deputy at the bureau: Andrew G. McCabe, who served several months as acting F.B.I. director after Mr. Comey’s firing.

Mr. McCabe was later dismissed by the Trump Justice Department after its watchdog accused him of misleading internal F.B.I. investigators ….

Michael S. Schmidt, Comey and McCabe, Who Infuriated Trump, Both Faced Intensive I.R.S. Audits

Weaponizing the IRS is neither unprecedented nor the exlusive mark of one of the two corrupt and feckless major parties. But this is unusually blatant.

The IRS Commissioner appointed by Trump has ordered an Inspector General investigation, but it’s a stretch for me to believe that a hit-job like this didn’t come through his own office.

Roped, broke and branded

Mr Trump prizes no supporters more than those who once rejected him but then roped, broke and branded themselves. He has endorsed [Harriet] Hageman and appeared last month at a rally in Casper with her. Ms Hageman, a lawyer, stoked the crowd by itemising things to revile, from illegal immigration to Anthony Fauci. But one bit of elaboration popped out when she said Mr Trump knew she would represent “your fallacies”, quickly amending that to “families”.

High noon for Liz Cheney | The Economist

Shambolic boyo

I see nothing sad in his leaving but that he was very entertaining and had one of the best political acts—shambolic upper-class boyo, utterly lost in his personal sphere, just like you and no better than you—in modern British history.

Peggy Noonan on the downfall of Boris Johnson

Boris and Donald

The actual law-breaking and lies about law-breaking were cast in even worse light by the news today that the opposition leader, Keir Starmer, has been cleared by the police from the charge that he too had violated the lockdown rules. Starmer, to heighten the contrast, had publicly stated that he’d resign his position if he were found guilty. The difference between Keir and Boris (and I’ve known both for decades) is pretty obvious: Keir is a somewhat dull, decent bloke and Boris is an entitled, colorful charlatan.

But the glee of the elites and the mainstream media at this likable rogue’s political demise obscures something important. They were wrong to conflate him with Trump. Boris is a liar the way Bill Clinton was a liar: he lied to get himself out of trouble he’d gotten himself into. And, like Clinton, Boris had some relationship to reality — even as he tried to bluff and bluster his way through it.

Trump’s lies were far, far graver and bolder: that he’d won an election in a landslide (when he lost), and that our entire electoral system is rigged. And Trump, unlike Boris, is truly pathological and psychologically broken — incapable of distinguishing his own egomaniac fantasies from the real world.

Andrew Sullivan (emphasis added)

Not that the emphasized sentence is not how Oxford-educated pundits say "poopy-head" or "full of cooties." It’s an actual opinion — which I fully share — of psychological incapacity, which if true leads inexorably to the conclusion that Trump’s unfit to occupy the White House. That was essentially my objection to Trump from the beginning (probably 2016, when it became harder to write him off as a joke), though through a combination of luck and some adults in the room, we didn’t see the lunacy on full display until after he lost in 2020.

I thought in 2016 that his nomination, and then his election, were raised middle-fingers to America’s competent governing class. I slowly came to appreciate why a lot of American’s left-behind might want to do that, and I hope that both parties will pay attention to their legitimate grievances (i.e., the economic ones, not any racial resentments).

But God deliver us from any more Trump!

Anyway, Sullivan’s Substack this week is far more about Boris Johnson than about Trump, and gives Johnson credit for his many accomplishments. Then he pivots back:

Which brings me, of course, to the obvious analogy to the American right. The Tories were thrilled to ride Boris’ coat-tails into office — he did deliver Brexit and a smashing election victory — but they did not turn into a cult. He had to face a feisty press and weekly grillings in parliament, in which his relationship to reality was constantly tested. His own Conservative MPs — many of whom owed him their seats and careers — enabled him to a point, but they never lost their minds or, ultimately, their consciences.

Trump and the GOP? A sadder, darker, weirder story. Trump’s lies are far, far worse. Boris never questioned the results of a referendum or an election — and neither did his opponents. He didn’t marshal an armed mob to ransack parliament when his own MPs turned on him. The final straw for Boris was when he lied that he hadn’t been briefed about a minor Tory sex scandal, and apologized.

Trump, meanwhile, has unrelentingly sustained the biggest, most dangerous lie of all: that our entire democracy is rigged, that he won in a landslide in 2020, and that the GOP should seek to win the next election by any means, fair or foul. His lies are proactive and corrosive to democracy for the future. They have to be huge to work. And they are.

Why We Did It

I don’t know if this is David French’s original thought or Tim Miller’s original thought or the result of French reflecting on Miller, but darn, it’s good!

Ask any person to describe themselves, and they’ll likely respond with a mix of characteristics and virtues. They’ll describe their profession (lawyer, banker, plumber), their relationships (husband, father, grandfather), and their politics (Republican, Democrat), and if asked they might even describe their perceived virtues (honesty, fidelity, fortitude).

But what if the virtues conflict with other core parts of a person’s identity? …

[D]uring the Trump years, honesty and independence directly and starkly clashed with status. Time and again, men and women in America’s political class found that they couldn’t possess both virtue and power. They had to make a choice.

During the Trump years, the collision between status and virtue was constant and relentless. Trump never gave anyone a breather. He was never chagrined or mollified by scandal. He never apologized. He never turned over a new leaf. He just charged from one lie to another, and his demands for absolute loyalty left his defenders and followers with little ability to separate themselves from his worst moments while still remaining in the Republican tent.

As we’ve seen from days of courageous testimony before the January 6 House Select Committee, it is quite possible to say “I’m a Republican, and I’m honest.” But with each passing week—and with each new revelation—it grows more difficult to say “I’m a Trump Republican, and I’m honest.” Status conflicts with virtue, and status wins.

David French at his best, reviewing (and highly recommending) Tim Miller’s Why We Did It: A Travelogue From the Republican Road to Hell.

Thriving on toxicity

Somehow this seems to fit here, with the preceding two as preface:

There are species of bacteria that actually thrive in the toxic emissions from hydrothermal vents deep below the ocean. What would be killing sulphuric acid to most animals is food for them. We have created a similarly hostile climate in media and politics: high pressure, extreme temperature swings, and a toxic atmosphere. We should not be surprised, then, that unlovely creatures are the only ones who can thrive in this space.

Decent people with dignity are easy marks for outrage mobs, cancel culture, and the clickbait press. But fools with no shame are impervious to such a climate. Men and women of character tend to stay away, and if they don’t, are much more subject to the extortionate pressures of the political world. If your reputation is already poor, you can chase celebrity, frolicking among the deep-sea plumes, while your more delicate competitors are floating on the surface, poisoned.

Chris Stirewalt, H/T Alan Jacobs, commenting specifically on the improbable political victories of Donald Trump and Boris Johnson.

Miscellany

  • Public health officials in Oregon announced they would be delaying a meeting because to rush and get everything done for it was a white trait. Here’s what a high ranking Oregon Health Authority official wrote to postpone the upcoming confab: "We recognize that urgency is a white supremacy value that can get in the way of more intentional and thoughtful work, and we want to attend to this dynamic. Therefore, we will reach out at a later date to reschedule." The KKK would unironically love this explanation.
  • Tucker and conservative media have a hammer and keep looking for nails … Carlson is right that there is social breakdown that contributed to this shooting: After police took away the boy’s knives amid his various threats of violence, the Highland Park shooter’s dad helped buy him a gun.
  • “Joy too can be an act of resistance. I want to talk about personal acts of reclamation because sometimes people will say, ‘There’s nothing I can do. I feel so powerless.’ There is no act too small that you can engage in. Even today, I have a personal errand, I need to redo my nails. And I’ve decided that I’m going to use my new manicure as almost like a personal act of reclamation for me and my story.” — Alexandria Ocasio-Cortez

Nellie Bowles

Nellie had many more (including side-eyes at Elon Musk’s non-marital fertility), but I started feeling guilty about sharing so much paid content.


Penultimately, just a bit more, now from Andrew Sullivan’s miscellany:

  • “From an empirical, non-woke perspective, the ‘Kill TERFs’ movement is pretty astonishing. It’s a bunch of biological males, threatening to brutalize biological females, for saying that female sex is real,” – Wilfred Reilly.
  • “There is considerable overlap between the intelligence of the smartest bears and the dumbest tourists,” a Yosemite Park ranger when asked why it was so tough to design a bear-proof trash bin.

Happy

Happy as something unimportant
and free as a thing unimportant.
As something no one prizes
and which does not prize itself.
As something mocked by all
and which mocks at their mockery.
As laughter without serious reason.
As a yell able to outyell itself.
Happy as no matter what,
as any no matter what.

Happy
as a dog’s tail.

Anna Swir via Poetry Foundation


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

Anthony Esolen, Out of the Ashes

You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

Mostly abortion-related

David French, Cassandra

I follow David French in podcasts and blogs because:

  • He’s a seasoned litigator aligned with me on abortion, free speech, and religious freedom; and
  • I have to put up with hearing him to hear the amazing Sarah Isgur.

But Sunday, I think his reflexive religious provincialism got the better of him in Roe Is Reversed, and the Right Isn’t Ready.

He starts off well enough:

I’ve been a pro-life advocate and activist for more than 30 years …

Through it all, I was guided by two burning convictions—that Roe represented a grave moral and constitutional wrong and that I belonged to a national Christian community that loved its fellow citizens, believed in a holistic ethic of life, and was ready, willing, and able to rise to the challenge of creating a truly pro-life culture.

I believe only one of those things today.

My feelings about Roe are unchanged. …

But then he paints a very bleak picture of the right generally and more specifically his corner of the religious right, which he reflexively equates with "the Church" (it’s one of his most annoying verbal tics, another is hyperbolicic use of "tremendous, tremendous"):

The two sides of the great American divide are now staring at each other and asking, “Now what?” The answer from pro-life America should be clear and resounding—the commitment to life carries with it a commitment to love, to care for the most vulnerable members of society, both mother and child.

But life and love are countercultural on too many parts of the right. In a time of hate and death, too many members of pro-life America are contributing to both phenomena. Is that too much to say? Is that too strong? I don’t think so.

In deep-red America, a wave of performative and punitive legislation is sweeping the land. …

… The vicissitudes of politics haven’t just linked the anti-abortion cause to various toxic forces on the right, they’ve transformed parts of the anti-abortion movement, making many of its members as toxic as their “libertine and hyperindividualist” allies.

In the meantime, the Republican branch of the American church is adopting the political culture of the secular right. With a few notable exceptions, it not only didn’t resist the hatred and fury of the MAGA movement, it was the MAGA movement.

(Emphasis added)

Now I suppose there are at least three possibilities here:

  1. He’s right about pro-life America, period, full stop.
  2. He’s right about Evangelicalism.
  3. He’s engaged in hyperbole to get Evangelicals to to better than settling for liberal tears.

I reject the first possibility. I’ve been pro-life a decade longer than French (mostly because I’m two decades older). I broke markedly, if not completely, with Evangelicism shortly before I became actively pro-life, and left Protestantism entirely a about a decade-and-a-half later.

I do not believe that lib-trolling and vindictiveness is any significant part of Orthodox Christianity, though Orthodoxy is anti-abortion (as the historic church always has been — i.e., before American Evangelicals got recruited to the cause by C. Everett Koop, Francis Schaeffer, and less principled actors).

I also don’t believe that it is a significant factor among observant Roman Catholics, "observant" being measured by adherence to Catholic Social Teaching as well as participation in their Church’s sacramental life. Indeed, Catholic Social Teaching (Christian Democracy) is the North Star of the American Solidarity Party, which party alone I support these days.

Bottom line: I believe French is wrong about the Church because his provincialism blinds him to the bigger picture. I certainly hope he’s wrong.

And French’s turn to anti-vaxx sentiment a red prolife America seems like totally gratuitous grievance-airing.

I suggest to David French that if he’s all that down on Calvinist-tinged Evangelicalism, he step out for a breath of incense-tinged air at one of the Anglophone Orthodox Churches in his area.

Come and see, David. Give it a month or two of Sundays.

Douthat on the risk of toxic response

Observant Catholic (see above) Ross Douthat puts French’s point less apocalyptically (I’m being very selective; read the whole column if you can):

While the pro-life movement has won the right to legislate against abortion, it has not yet proven that it can do so in a way that can command durable majority support … [T]he vicissitudes of politics and its own compromises have linked the anti-abortion cause to various toxic forces on the right — some libertine and hyperindividualist, others simply hostile to synthesis, conciliation and majoritarian politics.

… But among its own writers and activists, the movement has understood itself to also be carrying on the best of America’s tradition of social reform, including causes associated with liberalism and progressivism.

To win the long-term battle, to persuade the country’s vast disquieted middle, abortion opponents … need to show how abortion restrictions are compatible with … the health of the poorest women, the flourishing of their children, the dignity of motherhood even when it comes unexpectedly or amid great difficulty.

These issues … are essential to the holistic aspects of political and ideological debate. In any great controversy, people are swayed to one side or another not just by the rightness of a particular position, but by whether that position is embedded in a social vision that seems generally attractive, desirable, worth siding with and fighting for.

Here some of the pathologies of right-wing governance could pave a path to failure for the pro-life movement. You can imagine a future in which anti-abortion laws are permanently linked to a punitive and stingy politics, in which women in difficulties can face police scrutiny for a suspicious miscarriage but receive little in the way of prenatal guidance or postnatal support. In that world, serious abortion restrictions would be sustainable in the most conservative parts of the country, but probably nowhere else, and the long-term prospects for national abortion rights legislation would be bright.

In a part of French’s column, he quoted this Douthat column but said it didn’t go far enough. I think it does — because Douthat’s vision is more Catholic (and more catholic).

Making abortion unthinkable

Even in the Evangelical world, there are sane people wanting actually to make things better:

Roe was an unjust ruling. I have always believed it would be overturned, as other unjust decisions by the court were, although I thought it would take longer. I rejoice that it did not. But of course it will take longer for abortion to become unthinkable, which is the real goal of the pro-life movement.

Karen Swallow Prior

Prior continues:

Still, I was, like my fellow evangelicals, a Johnny-come-lately in a long line of people who have opposed abortion and infanticide and tried to defend vulnerable life.

Members of the early Christian church within the ancient Roman world rescued abandoned infants (often those who were female or otherwise deemed inferior) from certain death ….

I always appreciate it when Evangelicals admit, even if tacitly, that Evangelicalism is so unlike the earliest church that it cannot claim vicarious credit for what the earliest church did.

Orthodoxy (and even Catholicism) can.

Still more:

The judicial fiat of Roe v. Wade jump-started the culture wars that have poisoned our political process and brought us to a place of polarization and unbridgeable division. Indeed, this division has been capitalized on by far too many pundits and politicians, for whom a position on abortion does not appear to be a sincerely held belief, but merely an issue they can (and do) leverage for votes or monetize for financial gain. Such betrayal casts a shadow on the overturning of Roe, which has been for me and many others a long-awaited event.

Even so, making abortion unthinkable might start with the law, but it won’t end there. For it is not only the supply of abortion that matters but also the demand. I lament the impoverishment of a social imagination that cannot conceive of a world in which women can flourish without abortion.

Nat Henthoff

On this day, I remember with fondness the late Nat Hentoff, a Jewish atheist who nevertheless believed in the right to life of the unborn, and said so in a time and place where that cost him something. Here is a column Hentoff wrote after he hosted pro-life liberal Pennsylvania Democratic Gov. Bob Casey at Cooper Union in downtown Manhattan.

Rod Dreher.

Henthoff was a fierce member of the ACLU back when the ACLU was actually about civil liberties, and was one of the preeminent jazz critics of his age.

I wish he had lived to see last Friday.

He really didn’t need the Committee’s help …

This just seems to make Donald Trump look awful, just awful."

Neil Cavuto, Fox News, on the latest revelations from the January 6 Committee.

You’re surprised that Trump is awful, Neil?

Terrorist wishcasting

I note, with raised eyebrow, the terrorist plans underway to set about attacking Catholic churches and pregnancy resource centers. As someone put it in a dark joke-tweet, this is the state of the discourse in 2022: “You don’t care about pregnant women!” “Well no, we have numerous buildings and institutions expressly set up for that purpose actually, how can we help you?” “Oh really, where? Let’s go firebomb them!”

Bethel McGrew


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

Anthony Esolen, Out of the Ashes

You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

At last, after 49 years …

Dobbs

The case and my feelings

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

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

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

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

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

(Opinion at 71-72)

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

Night of Rage

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

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

Other Legalia

Principled

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

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

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

Correct facts, dubious conclusion

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

But an odder one is Justice Breyer’s:

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

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

Let’s end the end-runs now

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

Aaron Tang in the New York Times

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

But the legislature avoided one other potential infirmity.

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

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

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

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

January 6

Liz Cheney, kamikaze pilot

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

Peggy Noonan.

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

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

More Noonan:

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

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

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

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

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

The January 6 Committee, a liberal view

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

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

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

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

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

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

Michelle Goldberg.

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

Politics Generally

Biden’s incoherence on LGBT

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

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

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

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

The Economist (emphasis added)

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

What liberals can learn from conservatives

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

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

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

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

Face-plant

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

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

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

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

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

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

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

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

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

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

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


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

Anthony Esolen, Out of the Ashes

You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

Monday collation

Politics

The Irreligious Right

I used to say "If you don’t like the Religious Right, just wait till you see the nonreligious Right." The nonreligious Right is here, and now dominates the grassroots GOP.

Frankly, it’s not (yet) as bad as we feared for varying reasons (but it’s trending worse, I think).

A fantastically good overview, ‌Republicans Are Now the Party of the Nonreligious Right appeared Thursday in, of all places, the New York Times, written by one Nate Hochman of National Review. It is long and deep, and I’m going to need to read it again to sort out what this means for me personally; Hochman already brilliantly identified why the GOP now gives me the willies (as do the Democrats, but then they always have).

I don’t know if I picked up the moniker in the Hochman article, but it appears to me that what he describes may be closely related to what others have calle "Barstool conservatism":

What could unite free-market libertarians, revanchist Catholics, Southern evangelicals, and working-class Reagan Democrats but their shared hatred of… actual Democrats?

Derek Robertson, How Republicans Became the ‘Barstool’ Party.

Drain those brains

In the Washington Post, Josh Rogin argues some congressional Republicans are forgetting one of the key takeaways from the Cold War: that exploiting brain drain from autocratic societies is a “smart and righteous” strategy. “The whole world is competing for the talents of those who are fleeing from Hong Kong and Putin’s Russia,” Rogin writes, noting Republicans have blocked efforts to ease visa restrictions for high-skilled workers from those regions. “Cruz claimed that accepting Hong Kongers was the first step to opening our borders and that the Chinese Communist Party could exploit the program to send spies to the United States. This ignores the fact that China has much easier ways to get spies into our country and that the CCP is trying to stop Hong Kongers from leaving because Beijing knows the brain-drain risk for China is real. … Republicans’ excessive fear of immigration should not waste a strategic opportunity for the United States to strengthen itself and weaken its rivals at the same time. Congress should work to ensure that China’s and Russia’s losses are America’s gains.”

The Morning Dispatch.

Surely Rogin is right, right?

Justin Trudeau

One of the oddities of Canadian politics is that its Liberal Party politicians so often sound like they’re running for office in the U.S. And, right on time this week, Canadian Prime Minister Justin Trudeau has announced that he wants to ban the sale of handguns and confiscate so-called assault weapons via a mandatory buyback.

The timing is no coincidence, as Mr. Trudeau is responding to the U.S. debate over guns and mass shootings. Apparently Canadian politics is too boring, or parochial, or something, because he also vowed to defend abortion rights after the draft Supreme Court opinion overturning Roe v. Wade was leaked. He even made a show of kneeling at a Black Lives Matter rally in June 2020.

Wall Street Journal Editorial Board. I generally avoid Editorial Board offerings on the basis that the King James Bible is the only work of art ever created by a committee, but the title "Justin Trudeau Runs for Congress" was powerful bait.

Answer me this …

This battle has been lost, and I see no hope of reversal. I even suspect, as do others, that reversal would be worse than letting it be. But I don’t think questions like this were ever answered:

Assuming a general policy of recognizing committed dyads, should the benefits that Oscar and Alfred [applicants for a hypothetical marriage license] receive depend on whether their relationship is or can be presumed to be sexual?

Sherif Girgis, Ryan T. Anderson and Robert P. George, What Is Marriage?, Kindle Location 295.

If the benefits received depend on whether the relationship is presumed sexual, then aren’t we leaving a lot of lifelong friends out of the more Platonic benefits that were thrust front and center in rationalizing same-sex marriage?

Damon Linker

Another bright light moves to Substack from legacy media: Damon Linker leaving The Week. His focus, reflected in the Substack title, is the Right.

I’m a Linker fan, but his first three postings seemed a bit underwhelming.

Legalia

Yes, I’m going to (gag!) say something (retch!) about THAT case

The jury in The Case That Kept Gossipy Television Gossiping has decide that she defamed him $15 millionsworth while he only defamed her $2 millionsworth.

It kind of has the feel of a suicide pact from what I could tell in the glimpses I got on TV.

Apparently, the jury verdict identified the three Heard statements they considered defamatory:

The jury was forced to examine three separate statements from the editorial, starting with the headline: “I spoke up against sexual violence—and faced our culture’s wrath. That has to change.”

The second involved Heard’s description of herself as a public figure representing domestic abuse, and the last statement at issue involved the public’s response: “I had the rare vantage point of seeing, in real time, how institutions protect men accused of abuse.”

(Johnny Depp Wins U.S. Defamation Lawsuit Against Amber Heard)

I could easily imagine an appeals court ruling as a matter of law that the second and third were not defamatory. Note, too, that the first technically doesn’t say that she was herself a victim of sexual violence, only that she spoke up against it.

Stay tuned. I don’t think this is over yet, though appeals won’t be blanket-covered like the trial was.

An open letter to SCOTUS Clerks

Very smart blogger David Lat has an open letter to the current Supreme Court clerks — the guilty and the innocent. I think it’s of interest even if you’re not a retired lawyer who still follows Indiana and Federal Courts.

So who’s stupid now?

Man pleads guilty to felony charge in riot at US Capitol

PHILADELPHIA – A suburban Philadelphia man charged in the January 2021 riot at the U.S. Capitol after he was turned in by an ex-girlfriend after reportedly insulting her intelligence for not believing the election had been stolen has pleaded guilty to a felony count. Richard Michetti, 29, of Ridley Park pleaded guilty Tuesday in federal court in Washington to a charge of aiding and abetting obstruction of an official proceeding. Officials said photos showed him inside the Capitol Rotunda. He is to be sentenced Sept. 1.

Wire Service Reports (emphasis added)

Sexual fad du jour

The author provides a high-point estimate of an 11-point increase in LGBT identity between 2008 and 2021 among Americans under 30. Of that, around 4 points can be explained by an increase in same-sex behavior. The majority of the increase in LGBT identity can be traced to how those who only engage in heterosexual behavior describe themselves.

Born This Way? The Rise of LGBT as a Social and Political Identity – CSPI Center (H/T Nellie Bowles)

Meanwhile, it’s hard to overestimate the goofiness and downright offensiveness of U.S. efforts to promote Pride Month.

Abortion

An odd, but telling, tid-bit: When the draft Dobbs opinion leaked, the Washington Post opined that reversing Roe would put us out of step with Western Europe. This myopic bit of mythology was so patently wrong that they had to retract or amend: reversing Roe almost certainly would bring us into better alignment with Europe, where legal abortion is more limited than in the U.S. under our juristocracy.

(Sorry I can’t give a link:

  • I heard it on a reliable podcast, but …
  • I’m persona non grata at WaPo; I suspect that never-subscribers can see more free stuff than former-subscribers.)

Guns

For the Record: 10 Cases in Past Year Where Law-Abiding Defenders "Have Stopped Likely Mass Public Shootings" With Guns

Wordplay

the rainforests of the ocean

The Economist’s poetic description of coral reefs.


When you skip the news, life is a lot more like Anne of Green Gables or The House at Pooh Corner.

Garrison Keillor


They were powerful until they were powerless. They lived on probation their entire lives.

Andrew Sullivan on gay life in Washington, DC for about 2/3 of the last century.

I sometimes second-guess my support (Caution: Ancient history ahead! Youngsters may be shocked!) for decriminalizing consensual adult sodomy in the late 60s and thereafter, since the ensuing 50+ years have brought more dubious demands. It’s good to be reminded of why a decision was right, even if it may have, in some sense, "set a bad precedent."


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.

Sunday, 6/5/22

The silver lining of collapse and defeat

[Gerhart] Niemeyer, in his typically tough and unsentimental fashion, was much less inclined to see signs of such spiritual recovery in the West, precisely because we have experienced neither the extremity of suffering, nor the shock of societal collapse and defeat.

Gregory Wolfe, Beauty Will Save the World: Recovering the Human in an Ideological Age, Kindle Location 4090.

Theological liberals unawares

A political ecumenism that pushes back against woke lunacy but causes Christians to adopt or excuse the disposition of cruelty and licentiousness is its own compromise. This is why it’s ever so important for religious conservatism to keep their modes distinct. A subtle but gradual shift that normalizes the ethos and pathos of secular conservatism is but another manifestation of theological liberalism.

Andrew T. Walker. I will be blogging about secular conservatism in my next posting.

Was there ever a "positive world" for Christianity?

I’ve become very suspicious of accounts of Christianity’s place in American life that leave out questions related to justice. Issues of justice, especially as they relate to race and class have vexed the church for nearly our whole history in these lands. Indeed, they have vexed the church to such a degree that many Christian critics—Frederick Douglass, David Walker, Martin Luther King Jr., Wendell Berry, Jemar Tisby, etc.—have suggested that it is more accurate to call the prevalent forms of Christian practice in America something other than plain Christianity. Douglass called it slave-owners Christianity. Tisby uses “compromised Christianity.” Whatever term you prefer—I talked about “white evangelical crap” last year—I think the point here is significant.

It would be news to Christians during the antebellum years who sheltered fugitive slaves at considerable risk to themselves that they were living in a “positive” world. They were obviously behaving Christianly, and yet doing so put them at great risk relative to their supposedly Christian nation. Similar problems pop up elsewhere as well. Consider slaves themselves, many of whom were Christian but whose marriages were not respected and whose baptisms were often delayed or modified to accommodate the vicious slavery regime. What would they say if you told them they were living in a Christian nation or a nation friendly to Christians? Would Native peoples whose children were taken from their homes believe they lived in a nation where “Christian moral norms are the basic moral norms of society”?

Jake Meador, on why he has changed his opinion on the usefulness of Aaron Renn’s The Three Worlds of Evangelicalism.

It don’t mean a thing, if you ain’t got that … ummm, enforcement

I’ll grant that the UMC [United Methodist Church] is more traditional than before, at least it is on paper. But it doesn’t matter. It doesn’t matter how traditional our Book of Discipline is because we have no mechanism or process for ordering our ecclesial life in a way that reflects what is found in our documents. You can write anything you want in the Discipline, but if those responsible for administering it only enforce the parts with which they agree, then it doesn’t matter.

Matt O’Reilly, The UMC is More Traditional than Ever, but it Doesn’t Matter

Pre-Roe

… an earlier, pre-Roe tradition, in which liberal clergy helped women obtain abortions.

The Economist

Wow! Deja vu! It has been five decades now, but I am reminded by this on Friday that I once attended a United Presbyterian Church where one of the younger ministers was engaged in abortion referrals.

Live and learn. But when I think why I attended there regularly (i.e., excellent music and more thoughtful preaching than I was accustomed to), I sympathize more with orthodox Christians who remain in liberal churches like TEC (Episcopal) or ELCA (Lutheran).


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.