May 31, 2023

303 Creative

Lorrie Smith of 303 Creative in Colorado would like to expand her website-design business to wedding websites, but she realizes that she’ll eventually get, and will decline for reasons of conscience, requests for same-sex wedding websites. Colorado antidiscrimination authorities say that’s a no-no. The case is before SCOTUS, awaiting a decision within a month or so.

Hurt Feelings, Conscience, and Freedom

Rick Plasterer, previously unknown to me, lays out some of the social history behind such cases (with an obvious bit of ax-grinding):

Faced with a court intent on protecting freedom of religion and speech, the Left has turned to the claim that civil rights law, and behind it, the Fourteenth Amendment, mandates pro-active government measures to remove social stigma. This is really a very blatant effort to gain what social conservatives have complained about for years, the claim of a right not to be offended.

…

[S]ome research proposes that younger LGBT cohorts seem to be more sensitive to perceived stigmatizing than the older LGBT population. Given the large “snowflake” population in colleges and universities, this is not surprising. As a researcher critical of the consequences of the sexual revolution, Regnerus said he experiences much day-to-day stigma, but has learned to deal with it. The LGBT identifying population can and does deal with it as well. But pro-LGBT stigma research tends to deny “agency on the part of persons. It esteems collective action while implying personal passivity and an externalized locus of control.”

…

But although the claim to “dignitary harm” might be newly raised with LGBT liberation, the claim that there cannot be fundamental differences in society about ultimate things is old. Quoting Jean Jacques Rosseau’s “The Social Contract,” (1762), George observed that “America is stalked by an ancient fear: The creeping suspicion that ‘[i]t is impossible to live with those whom we regard as damned.’”

Rick Plasterer, Hurt Feelings, Conscience, and Freedom – Part 1.

First Amendment protections

One of my heroes, Robert P. George of Princeton, has weighed in on behalf of 303 Creative via an amicus brief:

Although the rights to free speech and the free exercise of religion are distinct and thus receive separate protection under the First Amendment, they are often intertwined. “[M]uch . . . religious speech might be perceived as offensive to some,” because faithful adherence to a religious tradition implies the acceptance of certain claims about objective truth and the concomitant rejection of certain conduct as morally inconsistent with that truth.

… the Supreme Court has consistently affirmed that the First Amendment protects even profoundly offensive forms of expressive conduct. See, e. g., Snyder, 562 U.S., at 447 (First Amendment protects group that picketed a soldier’s funeral bearing signs indicating their belief “that God kills American soldiers as punishment” for national sins); Virginia v. Black, 583 U.S. 343, 347–348 (2003) (affirming the right of the Ku Klux Klan to burn crosses at rallies); Johnson, 491 U.S., at 420 (holding a “State’s interest in preserving the [American] flag as a symbol of nationhood and national unity” did not justify a man’s criminal conviction for engaging in protected political expression by burning it). Hence, when a speaker’s message is explicit—as unmistakable in expressive intent as a twenty-five-foot-tall burning cross, for instance, Black, 583 U.S., at 349—it is clearly protected by the First Amendment. But Colorado’s argument would deny protection to far milder forms of speech, such as an artist’s refusal to design a product that promotes a message to which she objects.

The Supreme Court has ruled that “the First Amendment protects flag burning, funeral protests, and Nazi parades.” McCutcheon v. FEC, 572 U.S. 185, 191 (2014). It would be an absurd jurisprudential result to rule that Ms. Smith could not, however, politely tell a couple that satisfying their request would conflict with her deeply held religious beliefs about marriage, and then direct them to a different service provider, without bringing the full force of Colorado law down upon herself.

…

Even if Ms. Smith’s refusal to provide website design services for same-sex ceremonies is deeply upsetting, her customers’ distress would still not justify coercion, because the dignity of both parties would be at stake. Ms. Smith could just as easily claim that Colorado’s attempt to commandeer her voice inflicts a “dignitary harm” upon her. By using its power to take from Ms. Smith the right to speak and disseminate her ideas in the public square, Colorado’s actions deprive Ms. Smith of “the right to use speech to strive to establish worth, standing, and respect” for her voice.

…

The First Amendment is a default setting against governmental restraints on speech that the State can overcome only with a compelling rationale. Allegations of “dignitary harm,” on their own, do not suffice, particularly when state action to remedy that “harm” only transfers the injury to a different party.

Robert P. George, Brief of Amicus Curiae in 303 Creative v. Elenis (bold added; link is to a PDF).

I added the boldface because the impossibility of avoiding dignitary harm to someone in situations like this is generally overlooked. Instead, Colorado has been deciding the cases based on an unspoken hierarchy of who’s cool and who’s not. Currently, sexual minorities are cool; Christians who believe that no real marriage is being solemnized when both parties are of the same sex (and that lament, not celebration, is in order) are not cool.

I’m pretty confident that SCOTUS is going to correct that, but it may contrive a narrow, niggling way to avoid hitting it head-on in Lorrie Smith’s case.

Other Legalia

Advice to aspiring law students

Law school opens doors
Law school will not turn a Beta into an Alpha
Big student loan debt closes doors. Want to work for the Innocence Project, or Becket Fund or the like? Fuggedaboudit!
Unless you are a lifetime, Alpha, and you can’t imagine life apart from running with the big dogs, don’t take on heavy student debt on the assumption that you’ll have an Alpha job and Alpha compensation.

Items 1 and 3 have been a mantra of mine for several years. Items 2 and 4 just came to me very recently.

Better Late Than Never

The Texas House voted overwhelmingly on Saturday to impeach the state’s Republican attorney general, Ken Paxton, over accusations of bribery, using his position to enrich himself and a campaign donor, and abuse of public trust. The vote immediately removed Paxton—in his third term as A.G.—from office, pending a trial in the state Senate, where a two-thirds majority of the 31 senators is needed to convict him. If convicted, he would be barred from ever holding office in Texas again. This is the first time since 1917 Texas has impeached a state-wide office-holder.

TMD

Clarence Thomas

If you subscribe, or are lucky enough not to hit the WSJ paywall, do read John C. Danforth, The Clarence Thomas Stories That PBS Refused to Tell

Sexualia

Trans kids

I like Andrew Sullivan’s take on trangenderism matters even better in distilled form:

A longtime reader quits the Dish:

Andrew, I cannot take your obsession with trans kids any longer. There are so many other issues you could be covering in your weekly essay: the debt ceiling, McCarthy’s tenuous leadership, China, baseball’s new rules, climate change, the Pope, and on and on. As the mother of a trans son who was miserable from age 8 on — and the friend of many other parents of trans kids who were miserable or even suicidal (one at age 6) — I cannot bear your ignorance and fear any longer. I will miss the VFYW and the contest.

I’m sorry you feel this way. As I said in the piece: “We should counter hostility and prejudice toward trans people. We should treat gay kids and kids with gender dysphoria with tenderness, care, and love.” But I confess I am obsessed when gay boys are having their heads filled with notions like “you are in the wrong body” if they are behaving like stereotypical girls, and when so many are irreversibly sterilized before they have even had a chance to grow up. Have you read Time to Think?

I’m also against crude bans on transing children. I’d prefer a European compromise whereby these medical experiments on children can continue — but only with carefully screened patients in rigorous clinical trials. But the American medical establishment refuses to acknowledge any concerns at all, and has recently abolished any lower age limit for transing children. They won’t even engage in debate.

I’m not entirely comfortable with Sullivan’s “European compromise,” because I think it is ontologically false that a female can be born in a male body or vice-versa.

But I’m not comfortable with categorical bans, either, because I recognize the reality of gender dysphoria (at levels a tiny fraction of what we’re currently seeing claimed) that in some cases is intractable and disabling. Social transitioning may give some of these unfortunate people adequate relief, but maybe not all of them. But it generally will not be until adulthood that “so intractable it needs medical intervention” becomes clear, and the social policy calculus changes with adults, doesn’t it?

If I’m wrong about that, the European compromise may be the best we’ve got in a screwed-up world.

Selective enforcement

Homosexual sex has been illegal in Uganda since the days of British colonial rule. No one’s been convicted under the statute since independence in 1962, but the rule provides license for routine repression …

TMD

This was essentially the US pattern in the 1960s as well.

It seems to me to be a principle all people of good will should support: there should be no criminal laws that are 99% unenforced, but get trotted out against people who get cross-wise with some prickly official.

Masculine virtues

In 2016, for example, the single most important intellectual work of the new right was an essay by Michael Anton entitled “The Flight 93 Election.” It began like this: “2016 is the Flight 93 election: Charge the cockpit or you die. You may die anyway. You — or the leader of your party — may make it into the cockpit and not know how to fly or land the plane. There are no guarantees. Except one: If you don’t try, death is certain.”

That’s right: The argument was that electing Hillary Clinton, a thoroughly establishment Democrat, would mean the end of America. It’s an argument that people never stopped making. In 2020, I debated the Christian author Eric Metaxas about whether Christians should support Donald Trump against Joe Biden. What did he argue? That Joe Biden could “genuinely destroy America forever.”

Catastrophic rhetoric is omnipresent on the right. Let’s go back to the “groomer” smear. It’s a hallmark of right-wing rhetoric that if you disagree with the new right on any matter relating to sex or sexuality, you’re not just wrong; you’re a “groomer” or “soft on pedos.” Did a senator vote to confirm Ketanji Brown Jackson for the Supreme Court? Then he’s “pro-pedophile.” Did you disagree with Florida’s H.B. 1557, which restricted instruction on sexuality and gender identity? Then “you are probably a groomer.”

But conservative catastrophism is only one part of the equation. The other is meanspirited pettiness. Traditional masculinity says that people should meet a challenge with a level head and firm convictions. Right-wing culture says that everything is an emergency, and is to be combated with relentless trolling and hyperbolic insults.

… And that brings us back to Mr. Hawley. For all of its faults when taken to excess, the traditional masculinity of which he claims to be a champion would demand that he stand firm against a howling mob. Rather, he saluted it with a raised fist — and then ran from it when it got too close and too unruly.

David French

Of course, we don’t need to pay attention to David French since he’s a particularly notorious groomer who has gone to work for the Devil.

Back to The Flight 93 Election. When it was very fresh, I read it and admired the Chuzpah of daring the right wing to live up to its catastrophism (about the end of America if Hillary was elected) by voting for Trump. I thought the author risked undermining the catastrophism rather than exploiting it — another in a long line of bets I’d have lost by overestimating the American electorate.

Selected dramatis personae

Losers

The characteristic feature of the loser is to bemoan, in general terms, mankind’s flaws, biases, contradictions, and irrationality-without exploiting them for fun and profit.

Nassim Nicholas Taleb, The Bed of Procrustes

Mind you, I’m not denying I’m a loser by this vivid definition.

Christianists

Professor [Rémi] Brague observed that even today many Europeans defend and fight for Christian morality because they see Christianity as a set of values rather than a religion. They are, as the professor noted, Christianists. They uphold the religion’s moral framework but do not believe in Christ. This paradox leads to a major challenge: Christian values, culture, and civilization cannot be sustained if we are cut off from Christ and tradition as the source.

Zsófia Tóth-Bíró, Shaping Europe with Real Values (The European Conservative)

That strikes me as a pretty good use of the term “Christianist” (Lord knows we’ve got plenty of them in the US), and consistent, I think, of how I’ve generally used the term.

Brief foray into politics

Overloading narrative circuits

I would prefer Trump didn’t become President. But if he became president with 40+ percent of the Hispanic vote and 25+ percent of the black vote, it would be a great thing for the country, finally overloading the circuits of the “everything is white supremacy” machine.

Wesley Yang on an ABC News/WaPo poll showing that 27 percent of black Americans would “definitely or probably vote for Trump in 2024.” (Quoted by Andrew Sullivan)

I’m afraid Linker’s right

DeSantis says: Look at all these great policies I’ve enacted!

Trump says: I’ll kick the shit out of your enemies!

And Republican voters may just prefer the latter.

…

Trump is first and foremost the vehicle of a right-wing revenge fantasy. Everything else follows from that.

Damon Linker, The Rise of the Anti-Ideological Right

For all its piety and fervor, today’s United States needs to be recognized for what it really is: not a Christian country, but a nation of heretics.

Ross Douthat, Bad Religion

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

R.R. Reno

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, 7/25/22

Trump, Trump, Trump

If you’ve already heard enough, I’ll take no offense if you skip this section. But the first three of these Trump-related items all involve a bit of my own thinking and analogizing, not just quotes without comment.

Flight 93 Indictments

People continue to make the case that what Donald Trump did — here, there, everywhere — was criminal and that he should be charged. I’ll stipulate for sake of argument that every one of those arguments, even the weakest of them, is correct.

Some convictions, I believe (don’t bet anything you can’t afford to lose), would disqualify him from running in 2024.

But can we get convictions? When did Trump’s lawyers ever allow any case against him to go forward expeditiously? When did they not throw up every conceivable preliminary motion to put a spanner in the works?

And with his astonishing continued levels of support (at least as reported to pollsters; I can’t rule out mischievous responses), can we really expect unanimous jury verdicts of "guilty" anywhere in this country?

An acquittal, even if the jury voted 11-1 for conviction, might well strengthen him and his narrative of "all the poopy-heads hate me."

Michael Anton infamously argued in the 2016 Election cycle that it was either Donald Trump or the end of America as we know it. It was like flight 93: storm the cockpit and we just might live.

Let’s not repeat Anton’s mistake in reverse: "if we indict him, we just might get a conviction that will disqualify him from running again; whereas if we don’t, he’ll run again, win, and it will be the end of America as we know it."

I do think that Trump 2024 could be the end of America as we know it, and the January 6 Committee hearings have put at least slightly reinforced that in my mind (I was very anti-Trump before January 6 and before the hearings). They may even have had a net-positive effect on the electorate, swaying more against Trump than toward him in false sympathy for him as victim. But I think that beating him at the polls with a reformed Electoral Count Act to thwart shenanigans is a sounder strategy than trying to disqualify him with a felony conviction.

(David French’s argument in Friday’s Atlantic tends toward indictment despite unnamed risks — because (as I interpret it) we must show that nobody is above the law.)

I confess to TDS

I laughed at Democrats suffering Bush Derangement Syndrome. I laughed at Republicans suffering Obama Derangement Syndrome, but also shook my head at their frequent racist dog-whistles. I was above all that.

Then Donald Trump actually got the Republican nomination, and if someone wanted to call my reaction Trump Derangement Syndrome, I’d understand. My main defense is that I was right: his narcissism eventually so distorted his reality field that he put the nation at grave and unnecessary risk beginning Election Day 2020.

Conspiracy or Tragedy?

It is a sign of the committee Democrats’ love of country that they have allowed the hearings to proceed this way. They are crafting a story about Jan. 6 as a battle between Republican heroism and Republican villainy. It seems intended to create a permission structure for Trump supporters to move on without having to disavow everything they loved about his presidency, or to admit that Jan. 6 was the logical culmination of his sadistic politics.

If you believe, as I do, that Trump’s sociopathy makes him a unique threat to this country’s future, it makes sense to try to lure Republicans away from him rather than damn them for their complicity. There is a difference, however, between a smart narrative and an accurate one. In truth, you can’t cleave Trump and his most shameless antidemocratic enablers off from the rest of the Republican Party, because the party has been remade in his image. Plenty of ex-Trump officials have come off well in the hearings, including the former deputy national security adviser Matthew Pottinger, the former acting attorney general Jeffrey Rosen and, in video testimony, the former White House counsel Pat Cipollone. That shouldn’t erase the ignominy of having served Trump in the first place.

Michelle Goldberg, The Myth of the Good Trump Official.

Goldberg had me in the first paragraph but substantially lost me in the second. My TDS doesn’t make me condemn everyone who served in the Trump administration. For many of them, their service was a sign of their love of country, for which they willingly put their reputations and political futures permanently at risk to be among the adults in the room.

I know, I know: Many of them ended up as infantilized sycophants, but I don’t think that’s how they, or at least most of them, went in.

The difference between Goldberg and me on this topic is that she seemingly views the Trump years mostly as a conspiracy of bad actors against the country whereas I see it more as a tragedy, whereby a malign leader seduced a lot of benign-to-neutral followers — my paradigm being Mark Studdock in C.S. Lewis’ That Hideous Strength.

If you insist on Mephistopheles and a bunch of Fausts, I’d insist back at you that they didn’t think they were Fausts when they initially said "yes." They thought of themselves as the alternative to cronies and crazies who ended up being named Steve Bannon, Rudy Giuliani, Roger Stone, Sydney Powell, Michael Eastman, Mike Lindell and such.

And although I recognized grave danger in Trump’s narcissism, I did not foresee his seductiveness — though his ability to seduce an electoral majority of voters should have warned me.

Why I still read the New York Times

By insisting that he was cheated out of victory, Trump fashioned himself into a king-in-exile rather than a loser — an Arthur betrayed by the Mordreds of his own party, waiting in the Avalon of Mar-a-Lago to make his prophesied return.

As with many forms of dark Trumpian brilliance, though, the former president is not exactly in conscious control of this strategy. He intuited rather than calculated his way to its effectiveness, and he seems too invested in its central conceit — the absolute righteousness of his “Stop the Steal” campaign — to modulate when it begins to reap diminishing returns.

…

While Ron DeSantis, his strongest potential rival, has been throwing himself in front of almost every issue that Republican primary voters care about, Trump has marinated in grievance, narrowed his inner circle, and continued to badger Republican officials about undoing the last election. While DeSantis has been selling himself as the scourge of liberalism, the former president has been selling himself mostly as the scourge of Brian Kemp, Liz Cheney and Mike Pence.

…

A counterargument, raised on Friday by New York Magazine’s Jonathan Chait, is that so long as those lukewarm supporters still believe the 2020 election was unfair, Trump will have a trump card over any rival — because if you believe a steal happened, “you are perfectly rational to select a candidate who will acknowledge the crime and do everything to prevent it from reoccurring.”

But it seems just as possible for the lukewarm supporter to decide that if Trump’s response to being robbed was to first just let it happen and then ask his vice president to wave a magic wand on his behalf, then maybe he’s not the right guy to take on the Democratic machine next time.

There is more than one way, in other words, for Republican voters to decide that the former president is a loser ….

Ross Douthat in the New York Times.

Once again, it’s Trump’s narcissism: it’s all about him and to hell with everything else.

Not Trump

The Great EV Scam

Regulators everywhere are structuring their electric-vehicle industries on the Norway model, based on subsidies from less-affluent people who continue to buy gas-powered cars. A zombie business or industry, in today’s parlance, is one sustained less by creative destruction than by a combination of government bailout, regulation and hidden subsidies. This is what the global auto sector is becoming. Germany, having saddled its domestic makers with mandates for diesel and then electric vehicles, has repeatedly had to scarf together hidden rescues when the mandated investments didn’t pay off. Don’t think it can’t happen here. In fact, the history of the U.S. auto sector since the Chrysler bailout of 1980 has been of more or less continuous open and crypto-bailouts.

Holman W. Jenkins, Jr., The Upside-Down Logic of Electric SUVs

America, Abortionmonger to the World

A foreign policy pushing for abortion abroad is also a strategic blunder with long-term consequences. Many countries in Africa, Asia and Latin America have strict limits on abortion, and even most of the free world is closer to Dobbs than to Roe.

Some Western politicians, such as French President Emmanuel Macron, and the European Parliament have joined Mr. Biden in denouncing Dobbs. But their statements reflect more the global solidarity of pro-abortion politicians than diplomatic prudence or even their own nations’ laws and practices.

Jakub Grygiel and Rebeccah Heinrichs, Biden’s Abortion Politics Will Undermine America’s World Standing.

Note that the characterization of the free world in the first paragraph is true only in the sense that Western Europe largely leaves abortion to political processes, as does Dobbs not constitutionalizing it s did Roe. It’s false insofar as it implies that Dobbs sets a national policy of, say, legal abortion in the first trimester, which is roughly where Western Europe tends to be, as compared to Roe‘s much more radically permissive regime.

SCOTUS legitimacy: two views

For three decades, Casey was precedent on precedent. But that is not the only conception of legitimacy.

On Thursday, Justice Kagan spoke to the Ninth Circuit Judicial Conference. She was careful to avoid talking about Dobbs directly, but she clearly alluded to the case. And, according to the Washington Post–I’ve not yet found video of the event–she invoked the concept of "legitimacy" as defined by Casey. That is, the Court’s "legitimacy" is linked to public perception …

The Dobbs Court emphatically repealed and replaced that notion of legitimacy. Now, legitimacy is defined by following written law, without regard to public perception. Linda Greenhouse’s column laments that shift:

. . . Justice Alito actually had the gall to write that "we do not pretend to know how our political system or society will respond to today’s decision." Polls conducted before the opinion’s release showing that upward of two-thirds of Americans wanted to retain a right to abortion offered a hint and were perhaps what led to Justice Alito’s self-righteous declaration: "We cannot allow our decisions to be affected by any extraneous influences such as concern about the public’s reaction to our work."

Dobbs overruled Casey‘s undue burden framework, but also overruled the precedent on precedent. Justice Scalia would often joke that the Constitution is dead, dead, dead. We should say the same for Casey‘s precedent on precedent. It’s dead, dead, dead.

Josh Blackman at the Volokh Conspiracy.

Medical miracles

What they’re doing with vagus nerve stimulation is fascinating. I got tipped off by the Wall Street Journal, but here’s a solid link sans paywall

The other book-banners

We hear constantly about conservative efforts to "ban books," which accusation sometimes amounts to nothing more than taking a book out of a curriculum while leaving it readily available in the school library. But that’s not the whole story:

Last year, when the American Booksellers Association included Abigail Shrier’s book, “Irreversible Damage: The Transgender Craze Seducing Our Daughters,” in a mailing to member booksellers, a number of booksellers publicly castigated the group for promoting a book they considered transphobic. The association issued a lengthy apology and subsequently promised to revise its practices. The group’s board then backed away from its traditional support of free expression, emphasizing the importance of avoiding “harmful speech.”

A recent overview in Publishers Weekly about the state of free expression in the industry noted, “Many longtime book people have said what makes the present unprecedented is a new impetus to censor — and self-censor — coming from the left.” When the reporter asked a half dozen influential figures at the largest publishing houses to comment, only one would talk — and only on condition of anonymity. “This is the censorship that, as the phrase goes, dare not speak its name,” the reporter wrote.

Pamela Paul, There’s More Than One Way to Ban a Book

It’s a long way to Heaven dear Lord,
it’s a hard row to hoe
And I don’t know if I’ll make it dear Lord
but I sure won’t make it alone.

SmallTown Heroes, Long Road, from their one-and-so-far-only "byzantine bluegrass" album Lo, the Hard Times.

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

Tuesday, 7/5/22

There sure as heck was a crack in Leonard …

… yet, oddly, that seems to be how some of the light got in.

Even while living it all out, Cohen felt—and documented—the emptiness of the sexual revolution. His most apocalyptic, almost Ginsberg-like commentary on the world he and his fellow revolutionaries had created was the 1992 song and album, The Future, which ended with these verses:

Give me back the Berlin wall
Give me Stalin and St. Paul
Give me Christ or give me Hiroshima
Destroy another fetus now
We don’t like children anyhow
I’ve seen the future, baby
It is murder

Leonard Cohen lived long enough to see the freedom of the sixties turn into something else—something that, despite his enthusiastic personal participation, was poisonous, especially for the vulnerable.

Jonathon Van Maren, Leonard Cohen’s Lost Children.

I discovered Leonard Cohen quite late in my life (and his). I enjoyed his lyrics so much that I bought a volume of his poetry, only to find that volume full of adolescent sexual obsessions and hints (or more) of promiscuity. I won’t again make the mistake of straying beyond his music.

Punish the hated standards!

A lesbian law student in Idaho, offended by the sexual standards of the Christian Legal Society chapter and its sponsor, got the university to issue no-contact orders against them. The targets of those orders sued and, it should go without saying, won:

In a footnote, commenting on a faculty member’s statement that religious beliefs are not an excuse to deprive others of their rights, the court said:

Phrases such as this have taken root in recent years and paint an overtly negative picture of religious liberty. The assumption such phrases implicate is that people use their religion to mask discriminatory conduct and then try to “hide” from any legal consequences by invoking religious protection. The Court will not dissect why this assumption is a shallow look at religion, and fails to provide any substance to numerous individual constitutional rights. Suffice it to say, in a pluralistic society, people should honor differing viewpoints and build bridges of understanding instead of arguing that opposing viewpoints are inherently discriminatory and must be punished or excluded from the public square.

Religion Clause: University’s No-Contact Orders To 3 Christian Students Violate Free Speech Rights

The route to the Celestial City

If you could do it, I suppose, it would be a good idea to live your life in a straight line – starting, say, in the Dark Wood of Error, and proceeding by logical steps through Hell and Purgatory and into Heaven. Or you could take the King’s Highway past the appropriately named dangers, toils, and snares, and finally cross the River of Death and enter the Celestial City. But that is not the way I have done it, so far. I am a pilgrim, but my pilgrimage has been wandering and unmarked. Often what has looked like a straight line to me has been a circling or a doubling back. I have been in the Dark Wood of Error any number of times. I have known something of Hell, Purgatory, and Heaven, but not always in that order. The names of many snares and dangers have been made known to me, but I have seen them only in looking back. Often I have not known where I was going until I was already there. I have had my share of desires and goals, but my life has come to me or I have gone to it mainly by way of mistakes and surprises. Often I have received better than I deserved. Often my fairest hopes have rested on bad mistakes. I am an ignorant pilgrim, crossing a dark valley. And yet for a long time, looking back, I have been unable to shake off the feeling that I have been led — make of that what you will.

— Wendell Berry’s Jayber Crow

Via Alan Jacobs.

I’ve got to read about my doppelgänger, Jayber Crow, sooner rather than later.

Pax Anglo-Saxonica

For European officials and politicians, a great fear gnaws at the back of their minds when they look at the ongoing war in Ukraine: What happens if the United States loses interest?

Despite the war being in Europe, involving European powers, with largely European consequences, America remains the essential partner for Ukraine. For most of Eastern Europe, Scandinavia, and Britain, in particular, the reality that Ukraine would likely already be lost were it not for American military support has only proved the intrinsic value of living in an American world order. For others, including the French, such dependence is now a source not only of shame, but of long-term vulnerability. America might care enough to supply Ukraine today, but with Donald Trump limbering up for his second shot at the presidency, it doesn’t take a huge leap of imagination to picture a time when this is no longer the case.

And as French President Emmanuel Macron has warned, whichever American president is in office when this is finally all over, Russia will remain, its preoccupations, fears, interests, and myths the same as before.

Tom McTague, America’s Necessary Myth for the World.

I feel that I have one foot in in Orthodox civilization. (I don’t know a metaphor for less than the half implied by "one foot." If I did, I’d use it.) I have read enough about Russia that I was starting to think I understood it.

Then Putin ordered the attack on Ukraine, and my conceit went away.

But McTague is writing about us, not Russia, and this is clearly his central point:

The great paradox in the world today is that the “dumb simplicity” of America’s self-perception, as one senior European government adviser put it to me, is both obviously bogus and fundamentally true. The story that America tells about itself is both the source of many of its foreign-policy disasters and the necessary myth without which much of the world would be a more brutal place.

…

[As a] government adviser put it to me, “show me a foreign minister in the West who really wants less America.”

…

The dumb simplicity of America’s interventions is often infuriating and obtuse, or even disastrously naive and destructive. It exists in people like Neal and Holbrooke, Bush and Biden. And yet if America stops believing in its myth, if it scurries back into the safety of its continental bunker, having decided it is now just another normal nation, then a cold wind might start to blow in places that have become complacent in their security. When the dumb simplicity is removed, the complexities of the world start growing back.

This is what Ukraine fears and others in Europe expect. In the end, though, what really matters is which story America believes, and for how long.

I wish we had enough internal stability that our allies could feel confident that the next President wasn’t just going to repudiate all foreign alliances, and in fact would do nothing that was both substantial and abrupt.

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

Potpourri 2/3/22

Socked in by our biggest blizzard since 2007. It’s kind of nice, at least for me and mine. A really bad time to be homeless, though.

A Return to Sanity?

Several members of the West Lafayette (Indiana) City Council are pushing an ordinance to ban "conversion therapy," with fines of up to $1,000 per day. The Mayor, a very liberal Republican, says he’ll veto it. You can read some pretty good coverage of the jockeying here.

But this was what most surprised and heartened me:

And a national group devoted to advocating for LGBTQ rights and counseling gay, lesbian and transgender teens to accept who they are has been lobbying city council members in recent weeks to reject the ordinance, calling it clumsy and vague and saying it could do more harm than good.

Good for them. Now where are the conservatives willing to repudiate clumsy, vague, harmful bans on "Critical Race Theory" or "divisive concepts"? There are some, but far too many play to the peanut gallery.

Crotchety Old Icons

Only in stereotype are the elderly sweet and meek, at least other than when hulked over by someone disturbingly youthful and vigorous. Judge Richard Posner in his book on aging and human nature noted that older people, less dependent on “transacting with others,” actually have less reason than younger people to conceal their obnoxiousness. How much more so two superstars approaching their 80s with a lifetime of royalties in the bank.

Holman Jenkins, Jr. on l’affaire Rogan, Young, and Mitchell.

Jenkins continues:

Audiences seek controversy not just to open their minds, not just to annoy their betters, but because to hear impertinent, unapproved talk feels like freedom.

It’s worth a whole other column, and unfortunately a lengthy one, to disentangle the magical thinking of Covid ideology, which got Mr. Rogan in trouble in the first place. Let’s be satisfied with an example. All through Monday evening’s show, National Public Radio teased a segment about school parents who—get this—are both pro-vaccine and anti-mask. Heads explode, as if masks and vaccines aren’t different tools with different uses. Somehow they have to be regarded as ideological totems and embraced as a package.

The flight of liberal writers to Substack and other non-mainstream venues in the Covid era is often misinterpreted: It’s not because they’ve had a conservative awakening. They are simply repulsed by such NPR-style stupidity.

(Emphasis added) I used to listen to NPR because it made me feel smarter, in contrast to most news. If I had to commute today, and ran out of smart podcasts, I probably still would prefer it to the alternatives. But I can understand those who won’t.

Flores v. NFL

I don’t exactly "follow" the NFL (when I watch, it’s with a guilty conscience about Chronic Traumatic Encephalopathy), but it seems that one Brian Flores has filed a lawsuit alleging that the NFL discriminated against him and other Black coaches in their hiring practices.

I thought "good luck proving that," but then I saw this:

Stunning details in Brian Flores lawsuit: in texts, Bill Belichick thought he was texting Brian Daboll (not Brian Flores) and congratulated him on getting the Giants head coach job days before Flores was set to interview for the gig.

Hmmmm. That’s pretty bad.

I’m not rooting for or against Flores, but knowledgeable people seem to be taking the lawsuit seriously, and not just people who traffic in controversy.

What’s different about our civilization

There has always been, and probably always will be, economic inequality, but few civilizations appear to have so extensively perfected the separation of winners from losers or created such a massive apparatus to winnow those who will succeed from those who will fail.

Patrick J. Deneen, Why Liberalism Failed

"When elected, I’ll nominate a [whatever] to the Supreme Court"

There’s a lot of grumbling about President Biden’s declared intention of nominating a black woman to the Supreme Court. A letters-to-the-Editor writer in the Wall Street Journal, for instance, sees an "inference that Mr. Biden needs to eliminate almost all the competition for them to be considered."

I see no reason for such an inference, even if Sri Srinivasan is better-qualified (as Ilya Shapiro infelicitously argued). The three women getting most of the mention are all well-qualified nominees independent of race and sex. At least one of them would be on any Democrat President’s short-list, and all of them are thought to be to the right of Justice Sotomayor — roughly in the neighborhood of Justice Kagan.

On balance, though, it adds no glory to the perception of judicial independence for any President to promise and pick candidates for their appeal to particular parts of his base. (On that, I’ll give Reagan credit: promising to nominate a woman was not pandering to any part of his base, but trying to reassure moderates that he wasn’t part of the <anachronism> cis-hetero-Christo-patriarchy<\anachronism>).

Side note: The smear campaign against anyone who dares to question the wisdom of Biden’s commitment to nominate a black woman to SCOTUS does, of course, include Adam Serwer, the Atlantic’s most consistently dishonest and partisan hack.

Life in 2022

As I drove Tuesday night from Church (where I sang a Liturgy unmasked — as was everyone else) to a newly-resumed Chamber singer rehearsal (where we all wore masks and some even then won’t come to rehearsal yet), I realized that the pandemic has made me an accomplished code-switcher.

Fill in the blanks

In another entry, Shirer noted that a joke had begun making its way around the more cynical quarters of Berlin: “An airplane carrying Hitler, Göring and Goebbels crashes. All three are killed. Who is saved?” Answer: “The German People.”

Eric Larsen, The Splendid and the Vile

This kind of sets my mind to thinking who I’d nominate for that plane ride today.

Adiaphora

That embarrassing moment when the tendentious quote you Tweet-attributed to Voltaire is traced instead to a neo-Nazi in the 1990s.

("Half the quotes attributed to me on the internet are not true." – Benjamin Franklin)

Biggest sinner on the block

Roosh V was a nasty piece of work, but it’s all cool now

Rod Dreher distills the story of Daryush Valizadeh, a/k/a Roosh V, a red-pill manosphere pickup artist and social media personality who in 2019 stopped all that crap cold turkey, returned to Christianity and eventually (May 2021) entered the Russian Orthodox Church. Valizadeh is full of zeal and has found other men who are full of zeal as well — almost a baptized religious version of the manosphere but without the misogyny.

I found the tale sorta interesting, but found one thing creepily evocative about it: “I was the biggest sinner on the block” testimonies were tiresomely common in Evangelicalism, and this brought back those memories. Those big-sinner-who-got-born-again types seemed to turn into creeps of various sort with suspicious regularity. Part of it was that Evangelicalism just could not help itself; as soon as some celebrity announced getting born again, they’d thrust them in front of their congregations (later their cameras) in contradiction of scriptural warnings.

His history is what it is, and I don’t know how much the foregrounding of his sleazy history is his doing and how much is just thrust upon him by others. I hope it’s the latter and I wish they’d stop.

For Dreher, the tale evoked his own triumphalist zeal for Roman Catholicism — which zeal and faith he lost calamitously 16+ years ago covering the clergy sex abuse scandals as a journalist. Those were not fun, liberating times for Rod, and he cautions Valizadeh to be careful of triumphalism lest he face a similar crisis of faith when first he encounters an Orthodox scandal.

I guess Rod and I share a common theme of concern for Roosh, still a relative novice in a 2000-year-deep faith, that he gets formed well and isn’t exploited for his celebrity.

After lamenting how his personal story dissuades him from aggressively proselytizing for Orthodoxy, or even for Christianity generally, Rod concludes:

Still, there is a particular reason I recommended Orthodox books to the visionary writer Paul Kingsnorth when he first began to inquire about Christianity — and there is a reason he embraced Orthodoxy quickly. There is a reason why Dr. Iain McGilchrist, the author of The Master And His Emissary: The Divided Brain and the Making of the Western World, told me that he is not a believer, but if he were, he would be Orthodox, because of all forms of Christianity, it is the one that has … maintained the best balance between logical and intuitive modes of knowing). There is a reason why, after sixteen years (next month) of worshiping and praying as an Orthodox Christian, faith in Christ is sedimented into my bones in a way it never was before.

Rod Dreher. I am not surprised at McGilchrist’s observation, having fairly recently finished ‌The Master And His Emissary.

I have no reason to think Rod reads my blog, and there’s no way to comment on his Substack offerings, but I’d like to point out to him that it is difficult to speak eloquently, truthfully and adequately about Orthodox Christianity precisely because of the extent to which it relies on intuitive modes of knowing. Speech is largely a left-hemisphere creation that relies on logic and analysis to make its persuasive points, and intuition translates poorly into the left-brain’s dialect.

Or as Dr. McGilchrist notes in the book:

one feels so hopeless relying on the written [or spoken – Tipsy] word to convey meaning in humanly important and emotionally freighted situations.

and again

It is precisely its accuracy and definiteness that make speech unsuited for expressing what is too complex, changeful and ambiguous.

That, I think, emphasizes why the invitation “Come and see” is as important for making Orthodox Christians today as it was for making disciples at the beginning.

“What we believe” pages

I’ve been off Facebook for several years now (I’ve lost track).

I’m not bragging. I got on for honorable reasons (to reconnect with high school friends, who since I went to boarding school, were more important to me by far than college friends) and got off it for honorable reasons as well (I didn’t like Facebook turning some of my family members into trolls, nor did I like lining Mark Zuckerberg’s pockets).

But while I was on, I hurt somebody a bit. A high school fried was deeply involved in an Evangelical megachurch in a major city. I visited its website, found a page on “what we believe,” and found a roll-your-own substitute for the historic creeds of the Church. The net effect imbalanced if not heretical. I critiqued it without naming the church or why I’d visited the site.

Unfortunately, my friend figured it out and was wounded by what seemed like a gratuitous insult — even trolling her — the reason for which utterly escaped her.

That incident came back to me recently, and though I regret hurting my friend, I don’t regret calling out the arrogance of churches that think themselves entitled to create bespoke religions for their respective clienteles and call them all “Christian.”

Okay, that was a bit harsh. But consider:

First Baptist Church of Dallas (friend of Trump, and of Sean Hannity, it created a choral anthem Make America Great Again) is so big that they have both a “What We Believe” and a “Articles of Faith.”
Willow Creek Community Church, imitation of which was a major fad 25 years or so ago (I don’t know if it continues) has a Beliefs and Values page and a lengthy Elder Statements pdf.
Joel Osteen’s Lakewood Church in Houston has, at least on paper, beliefs far less vacuous than what comes out of Osteen’s mouth every time he opens it.
The Wheaton Bible Church, where I was baptized about 55 years ago (and where my wife and I worshipped as newlyweds in the Chicago area), has become a full-blown megachurch, and it, too, has an “About” page.

I’m not going to stop to try to analyze and critique these. My point is they inherently confirm that there is no single “Evangelicalism.” Without a strong denominational identity, each local church must decide for itself, and publish, what it thinks the Bible clearly teaches.

The inability of denominations, let alone independent churches/fiefdoms, to agree on that clear (“perspicacious”) message is one of the things I saw one day, can never unsee, and made me forever non-Protestant.

Of course, my Church has a statement of faith, too, which we recite (oftener, sing) every Sunday Liturgy: The Nicene-Constantinopolitan Creed, written not by us but by two Ecumenical Councils of the Church in the Fourth Century (when some heresies (Arianism, Apollinarianism, Macedonianism and Chiliasm) were riling the church and it was imperative to define the true faith in contrast with those heresies).

If you’d care to compare the Nicene Creed to these ersatz “What We Believe” statements, you’ll note that at least one thing in all the ersatz statements gets nary a mention by the historic Church. Can you spot it?

It’s sola scriptura (in today’s hyperbolic marketspeak, “we’re all about the Bible”) and its corollaries, the bedrock of Protestantism.

Interesting, huh? And yet somehow there remains one Orthodox Church and countless big and little churches, each marching to its own drum.

Anti-Promethean conservative

Americans have always had a thing for Prometheus — the Titan god in Greek mythology credited with (or blamed for) stealing fire and giving it to humanity … Today, those ambitions have moved to the private sector, with Promethean billionaire entrepreneurs like Elon Musk and Jeff Bezos working to make space travel far more commonplace … Is Promethean dynamism a good thing for human beings? … But which end is more compatible with happiness understood as human flourishing?

Damon Linker

One big dispositional difference between me and David French is that he applauds, enraptured, these Promethean stunts.

He needs to look more closely at what drives Jeff Bezos, and to re-read Out of the Silent Planet and Perelandra. Heck, finish the trilogy: read That Hideous Strength, too, David.

I may have just found the perfect label for my kind of conservatism: anti-Promethean.

[T]he fantasy that humans can somehow shift ‘offworld’ and recreate such systems on Mars or the Moon when we can’t or won’t live with Earth anymore, is just that: a fantasy, peddled as we saw in the last essay, by the likes of Jeff Bezos and his fellow techno-apostles.

Paul Kingsnorth.

Last acceptable bigotry is alive and well and living just about everywhere in the USA

Martin: Cries of anti-Catholicism are too frequent. Anti-Catholicism is nowhere near as prevalent as racism, homophobia, or anti-Semitism. Not every critique of the Church is an offense against religious liberty. And The New York Times is not anti-Catholic. But from time to time, it’s important to remind people that anti-Catholicism is not a myth.
Green: I wonder if there are instances where this has become politically complicated for you. For example, when now–Supreme Court Justice Amy Coney Barrett was in her hearing for the Circuit Court of Appeals, Democratic senators questioned her about how her Catholic faith would affect her rulings on issues like abortion. Senator Dianne Feinstein famously told her, “The dogma lives loudly within you.”
A lot of people thought that was open anti-Catholic bigotry—a U.S. senator expressing fear that an accomplished legal scholar couldn’t be a fair judge because of her faith. Did you think they had a point?
Martin: Well, first of all, I thought that that phrase was inherently funny. The dogma lives loudly within you. It was just strange—almost nonsensical. But I think it was appropriate for Senator Feinstein to ask, “To what extent will your religious beliefs influence your legal decisions?” That’s not unreasonable.
Green: Do you think so? I mean, the Constitution says that no religious test should be required as a qualification for public office. It’s a founding principle of our country that Americans don’t consider religion when we vet people as public servants.
Martin: I think the difference is that Justice Barrett is well known as a devout Catholic. I didn’t think that was an offensive question. The way it was put was a little ham-handed.

Emma Green, Father Jim Martin on Anti-Catholic Prejudice (the springboard was an issue of the New York Times that “deferentially cover[ed] a language shift meant to show respect for Roma people but … also print[ed] a story that relished a film scene in which a holy Catholic object is defiled.”)

Not a fan of Fr. James Martin, so it’s tempting to add “In other words ….” But I’m going to resist the temptation. You can do your own critical reading (no paywall).

Standpoint

There is no greater barrier to understanding than the assumption that the standpoint which we happen to occupy is a universal one.

H. Richard Niebuhr via Lance Morrow

Which reminds me of “what you see depends on where you stand.”

Christian athletes

Soccer

[T]he future of Christianity is going to be black and brown — at least in the UK. The other day I was somewhere in this Central European region, can’t remember exactly where, and was talking to a group of fellow white Christians about migration to Europe. I asked them if they had to choose, would they prefer to live in a Europe that was predominantly black but faithfully Christian, or predominantly white, but atheist. Everyone agreed: black and Christian.

Black Christians, British Football – by Rod Dreher – Daily Dreher

Basketball

‌Giannis Antetokounmpo As An Orthodox Christian And Star Of The 2021 NBA Champion Milwaukee Bucks.

Who knew? Or rather, who knew the first part?

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

My Grudges

Lafayette *Journal & Courier* in high dudgeon, January 11, 1997

Predators at Work

Sexual abuse at group home prompts questions about oversight

by Jason Shepard

January 18, 2007RSS

In 1998, when Walden Homes hired Gregory Ledbetter as a counselor for troubled boys at Spring House, a group foster home funded by Dane County taxpayers, he was already an experienced sexual predator.

Ledbetter had moved to Madison less than a year before, after escaping 43 charges of sexually molesting boys at a group home in Indiana. His new job afforded him fresh opportunities, and he took prompt advantage of them, as ‘Henry’ would soon find out.

Henry (a pseudonym, like all names of juveniles in this article) was 15 when he ended up at Spring House, on Madison’s near east side, in 1999. ‘Almost every night,’ Henry later told police, he went to Ledbetter’s apartment, where they would ‘smoke marijuana, play videogames and watch porno movies.’

Ledbetter manipulated Henry into sexual acts, as he had with many other boys before and after, according to hundreds of pages of police and court records reviewed by Isthmus. Sometimes Ledbetter would perform oral sex on the boys; other times it was anal sex. A camcorder next to Ledbetter’s bed recorded the encounters.

Then Ledbetter would return his victims to Spring House, where he was paid to make meals, lead group discussions and serve as a role model for boys who’d been abandoned and suffered from emotional and behavioral problems.

Ledbetter, 39, was convicted last year of molesting several Spring House residents, among other victims. His crimes were so heinous that a Dane County judge sentenced him to life in prison, rejecting Ledbetter’s offer to be castrated.

Strikingly, Ledbetter is not the only sexual predator hired in recent years by Walden Homes to support and nurture some of Dane County’s most vulnerable teenagers. Angela Kalscheur, 26, faces more than 40 years in prison on charges related to sexual acts with four boys at Spring House. She has admitted to the crimes and will likely strike a plea bargain to avoid trial, now set for Feb. 7.

Both cases highlight breakdowns in a system that is supposed to provide care for kids in government custody. Background checks obviously failed, since Walden hired Ledbetter despite a dangerous and troubled past. And staff supervision was so poor that both counselors were able to prey on multiple youths over many months.

The cases also reveal insufficient oversight of private facilities that operate with public money. Even after the fact, county and state officials failed to aggressively investigate how such crimes could have happened. County and state officials operated in isolation so extreme that county officials praise Walden for its oversight efforts while the state accuses Walden of malfeasance. And elected officials with oversight responsibilities were kept in the dark.

County officials stress the assurances they’ve received from state regulators that Walden is in compliance with licensing rules.

‘We have nothing to hide,’ says Lynn Green, Dane County’s director of human services. ‘I am going to stand behind the work we’ve done in this situation 100 percent.’

Adds Bob Lee, administrator for Dane County’s division of children, youth and family services: ‘We feel as badly or more badly than anyone that some kids did not have good experiences there. But the totality of the agency’s experiences with Walden Homes is what’s most important to us.’

That may not be good enough for local elected officials. County Supv. David Worzala, chair of the county’s Health and Human Needs Committee, was ‘astounded’ to learn of the abuse from Isthmus last week. County Supv. Barb Vedder, the committee’s vice chair, also professed ignorance: ‘I am surprised we weren’t told about this.’ (Charges in both cases drew media attention, but some accounts did not mention Spring House by name.)

This week Worzala launched an investigation into oversight of Walden Homes, which continues to annually receive about a million dollars in county funding.

‘My conclusion is it’s outrageous that this has occurred in group homes in Dane County,’ says Worzala. ‘These kids are in our care. They’re vulnerable, and we need to provide a safe environment.’

Where is the oversight?

Worzala, a member of the Dane County Board since 2004, doesn’t like to criticize county government. He uses the word ‘we’ when referring to it, and says he’s a ‘big fan’ of Green and her department.

But Worzala is at a loss to explain why he first learned of these incidents from a reporter: ‘I don’t know what to say. However, I will say this: Now I know about it, and it will be addressed.’

Next Tuesday, Worzala plans to call officials from Dane County and the state Department of Health and Family Services to account for their actions before his committee.

‘These are horrific cases,’ he says. ‘The system’s broken. We need to look at it. Clearly county and state oversight needs to be reviewed and discussed. We need to do something to make sure this never happens again.’

Walden Homes Ltd. is a nonprofit corporation that continues to run three group homes in Dane County: Coventry Group Home on the north side, and Horizon House and Thoreau House on the isthmus.

Dane County taxpayers have paid Walden $4.7 million over the past five years to care for children ordered into its group foster homes. A tax filing for 2004 shows county taxpayers, at $910,882 that year, were by far Walden’s largest source of income; next in line was the state Department of Corrections, at $44,550. The money went in part to Walden’s longtime director, George Nestler, who received a salary of about $90,000.

Nestler did not return repeated calls seeking comment on this article.

According to the tax filing, Walden Homes aims to provide ‘a stable, highly supervised group foster home environment’ for adolescents. But that’s hardly what it did for nearly a dozen of Dane County’s most troubled teens, who were victimized by these two counselors.

Indeed, records suggest that Spring House, 511 S. Ingersoll St., was a deeply troubled operation. Police have been called to the group home 151 times since 2000, often in response to neighbor concerns. Police logs reviewed by Isthmus show complaints about disturbances, thefts, damaged property, liquor law violations and general juvenile complaints. Other calls involved battery, drugs and an overdose.

‘There were police over there all the time,’ says Scott Thornton, who lives nearby. Neighbors also complained to state regulators about lax supervision. (Walden’s corporate office is located at 1102 Spaight St., just around the corner from Spring House.)

But the decision to close Spring House in June 2006 purportedly had nothing to do with child molestation or complaints from neighbors. Rather, Walden told the state it wanted ‘to make better use of our resources.’ Agrees Dane County’s Green, ‘It was purely a financial decision on their need to fill beds.’

From Indiana to Wisconsin

On Oct. 15, 2005, after being tipped off by a neighbor that Ledbetter, then 38, was having sex with a 16-year-old boy, Madison police executed a search warrant on his apartment. They discovered a jackpot of evidence in his bedroom: 150 videotapes stashed in a locked dresser drawer and a safe. The tapes, spanning more than a decade, were meticulously labeled with the boys’ names, ages and dates.

In letters and testimony to Dane County Judge Dan Moeser, Ledbetter and his parents traced his predatory pedophilia to his troubled childhood. They said Ledbetter had a sexual relationship with an older man when he was a teen. And, when he was around 17, his best friend committed suicide with Ledbetter’s shotgun after announcing that he was gay and being rejected by his family.

‘He gave me an ultimatum about him killing himself, and I didn’t stop him,’ Ledbetter wrote. ‘I carry that guilt with me for the rest of my life.’

‘Greg was never the same after that,’ his parents wrote. Following his own suicide attempt around this time, Ledbetter was committed to a mental hospital in Washington, D.C., where his sister lived, but was released after a few months when the insurance money ran out. ‘We regret to this day not keeping him institutionalized.’

Court records say Ledbetter graduated from Purdue University with an education and fine arts degree and worked as a student teacher in an elementary school. At about age 26, he began working at the Cary Home for Children in Lafayette, Ind. He was there for two years.

In January 1996, prosecutors charged Ledbetter with 43 counts of child seduction based on allegations from two group home residents.

According to Indiana police reports obtained by Isthmus, one boy said he had dozens of sexual encounters with Ledbetter between December 1993 and May 1995, when he was 16 and 17. It began with oral sex at Ledbetter’s parents’ house and escalated to anal intercourse, with the use of marijuana almost always preceding the sex. A second group home boy, 17 at the time, reported having at least 35 sexual encounters with Ledbetter.

Indiana newspapers reported that the allegations against Ledbetter were the second sexual allegations against Cary Home staffers in two years, and local politicians called for the firing of the home’s director.

The arrest also captured local headlines because Jerry Ledbetter, Greg’s father, was a city councilman who supported a local ordinance banning discrimination based on sexual orientation. The family said Ledbetter was arrested in retaliation for his father’s progressive politics, and spent $19,000 in legal fees fighting the charges.

In January 1997, prosecutors dropped the charges after Ledbetter’s defense attorney secured an affidavit from one of the boys, saying he made up the allegations.

Eight years later, Madison police would discover what Indiana police did not: videotapes of Ledbetter having sex with at least three boys from the Indiana group home.

From Spring House to prison

By 1998, Ledbetter had moved to Madison and was looking for a job. The Spring House group home had just opened, and it was hiring. Ledbetter’s first day was April 20, 1998.

Ledbetter had already spent at least five years preying on vulnerable boys in Indiana. Over the next 22 months, he was given regular access to troubled boys in Dane County’s care. He made the most of it.

Police reports and a detailed criminal complaint relate the accounts of several group home victims, including ‘Billy,’ who was 14 when the abuse began.

‘The situation has made things hard for me,’ he told a detective. ‘You know, it was hard to go on with my life.’

Henry, mentioned above, told police he once complained that Ledbetter would openly tell the boys in his care that he ‘loved to suck cock.’ Henry said Ledbetter let the residents ‘smoke dope and go wherever they wanted,’ for which he ‘expected something in return.’ Henry also said Ledbetter once showed him a .45 caliber handgun.

‘Jeff,’ who was 16 when he engaged in sexual encounters with Ledbetter at Spring House, told police he ‘felt obliged to do this with the defendant since the defendant was making their life at the group home fun.’

In February 2000, Ledbetter left Spring House. Over the next five years, records show he met other boys through his jobs at a Walgreen’s, a Blockbuster video store, a Marcus movie theater and a store in South Towne Mall.

One of these was a 16-year-old who, his mother told police, had brain damage stemming from childhood abuse and suffered from learning disabilities, cancer and cerebral palsy. Court documents offer a particularly disturbing summary of one videotaped encounter. The boy, who appeared to ‘act more like an 8-year-old than his own age,’ expressed ‘random thoughts regarding eating at Old Country Buffet and videogames and his mother and his curly hair’ during unprotected anal intercourse with Ledbetter.

Yet another boy told police that Ledbetter handcuffed him and used duct tape on his mouth before anally penetrating him.

It’s not clear from court documents and police reports how many boys Ledbetter molested during his eight years in Madison. Ultimately, Dane County prosecutors charged him with 92 felony counts of child sexual assault, enticement and sexploitation, relating to 10 boys.

In July 2006, Ledbetter was convicted following a plea agreement; he received a 90-year prison sentence. Under the state’s truth-in-sentencing law, he won’t be eligible for parole until he is 129 years old.

‘I am viewed more as someone who was over-punished and denied the right of rehabilitation as a sex offender,’ Ledbetter wrote to Judge Moeser in October from prison in Waupun. He now spends his days playing classical music on a piano, painting and drawing in his cell, and attending Alcoholics Anonymous meetings.

‘There’s things I need’

Angela Kalscheur graduated from Mankato State University in Minnesota in 2004 with a degree in criminal justice, records show. She interned at a center for juvenile sex offenders before Walden Homes hired her in November 2004 to work at Spring House.

Like Ledbetter, Kalscheur worked the 3 to 11 p.m. shift as an assistant counselor at Spring House. Her duties included preparing meals, supervising homework and leading group talks. And while she and Ledbetter likely never met, Kalscheur used many of the same strategies to entice boys into satisfying her sexual desires.

According to a criminal complaint, ‘Nick,’ then 15, arrived at the group home in March 2005 and quickly learned that Kalscheur was having sex with several boys; he later told police this was ‘common knowledge.’ Nick said he didn’t report Kalscheur because he used this information as leverage to extend his curfew and get an allowance without doing work. Once he walked in on Kalscheur having intercourse with ‘Joe,’ and was invited to participate.

Joe told police that within a week of arriving at Spring House in the spring of 2005, when he was 17, Kalscheur told him something to the effect of, ‘There’s things I need,’ then hugged him and put his hand down her pants. Joe estimated that he and Kalscheur had sexual contact about 35 times, including twice at her house.

A third boy, ‘Damon,’ told police that Kalscheur performed oral sex on him about five times, starting on his 16th birthday. He said he knew other residents were having sex with Kalscheur, and that she asked him not to tell because she could lose her job.

‘Just keep giving me head,’ Damon said he told her, ‘and you won’t need to worry about it.’

Kalscheur, the complaint says, regularly gave the boys alcohol and cigarettes. She also drove them to a location on the south side, where they bought marijuana. The boys would get high as Kalscheur returned to the group home.

In June 2005, another Spring House counselor had a chance meeting with a former resident, who told of sexual encounters with Kalscheur when he was at the home. The counselor reported the allegations to Walden Homes’ director Nestler, who, as required by law, reported the allegation to Dane County officials.

Kalscheur continued to work at Spring House for the next month, and was fired on July 27 on a matter unrelated to sexual abuse, county officials say.

On May 25, 2006, Madison police detective Dave Gouran spoke with Kalscheur at her home. After initially denying any wrongdoing, Kalscheur eventually admitted to having sexual contact with Joe, Nick and Damon, as well as other boys from the group home.

Kalscheur’s attorney, Eric Schulenburg, expects to reach a plea agreement in the near future, and will argue at sentencing that her crimes don’t merit prison.

‘To send her to prison is a crime, and there’s no need to make this two crimes,’ says Schulenburg, adding that he has trouble viewing the 16- and 17-year-old boys in this case as victims.

Appropriate action?

The unprecedented abuse at Spring House ‘ going back decades, county officials can’t remember another substantiated molestation case at a juvenile group home ‘ has local politicians worried.

‘Clearly, two makes a pattern,’ says Supv. Worzala. ‘The Ledbetter case is frightening. You’re talking about border hopping of predators. It’s unacceptable.’

But Dane County’s Bob Lee says that after learning of misconduct, local officials ‘did what was required’ and took ‘appropriate action.’ These actions included interviewing group home residents and attending Spring House staff meetings.

Regulating group homes, county officials stress, is the state’s responsibility. ‘The state is required to license and monitor. The onus is on them,’ says Marykay Wills, the county’s mental health and alternative care manager. ‘The state assured us that Walden did what they were supposed to do.’

But state officials and records provided to Isthmus undercut many of these claims and suggest that county officials either aren’t being forthcoming or remain uninformed as to the state’s apparently grave concerns about Walden Homes, both before and after these molestation cases came to light.

‘It is very likely that we would have taken the steps to revoke the license at Spring House if they had not voluntarily closed,’ says Stephanie Marquis, spokeswoman for the Department of Health and Family Services.

State officials accused Walden Homes of a ‘lack of cooperation with the department in its attempt to thoroughly investigate the allegations,’ according to a letter sent to Walden dated Oct. 25, 2006, written after Isthmus began making inquiries into the state and county’s handling of the matter.

That letter, and a follow-up (click HERE), allege that Walden staff members were told by a Walden supervisor and in a written memo not to cooperate with investigators. The letters criticized Walden’s management and accused Walden supervisors of overlooking complaints from other staff about Kalscheur’s behavior.

County officials are also apparently clueless as to the rules regarding background checks. Lee explains Ledbetter’s hire by saying ‘the state does not require out-of-state background checks. Now should they? Maybe. But they don’t.’

Marquis contradicts this, saying state law does indeed require out-of-state criminal background checks for any state in which an applicant may have lived in the past three years, information he or she is required to provide.

How Ledbetter passed his background check after being charged with 43 counts of child molestation at his last group home job may never be known. When state regulators sought to review Walden’s records, they discovered that ‘all terminated staff files and discharged resident files’ from Spring House had been destroyed by Walden’s director in December 2005. The destruction of these files occurred in the middle of police investigations into both the Ledbetter and Kalscheur cases.

State officials fined Walden $1,000 in the Kalscheur case, which Walden initially appealed. Walden dropped its appeal after it closed Spring House and moved its residents to Thoreau House, located around the corner in the same building as Walden Homes’ Spaight Street headquarters.

Walden Homes continues to reap county contracts for its three other group foster homes, into which troubled teens are regularly ordered. In 2006, Walden received $986,766 in county funding. Lynn Green, the county’s human services director, thinks the relationship is working well.

‘Walden has a long history of providing very good group home services in Dane County,’ she says. ‘They were one of the early group homes, and George Nestler has been with them 20-plus years. Hundreds if not thousands of Dane County kids have received excellent services from the Walden Homes system.’

(From Isthmus, a publication in Madison, Wisconsin)

I don’t hold a lot of grudges, but I hold a few related to this sorry case.

It’s not that “everyone knew” the Lafayette charges were true and that the local scribes were ignoring what everybody knew. I had spoken to one of the accusers professionally, and I wasn’t certain. One seldom is.

When the boys withdrew their accusations, I considered possible both that the charges had been false and that Defense counsel for Ledbetter had “gotten to” the accusers somehow. I wasn’t sure which.

My grudge is that the Journal & Courier didn’t know, either. Yet it wagged its corporate finger at everyone who believed (or dutifully investigated) the adolescent boys who accused Ledbetter, and turned a secret abuser into a martyred saint. Everyone should have had the Journal & Courier’s confidence that the charges were false, though the confidence was unwarranted and turned out to be false. I was at the very least adjacent to those the santimonious ink-stained wretches were excoriating.

My grudge also is that hiring an “out” homosexual to have unmonitored supervisory access to troubled adolescents (that’s the kind of facility that employed Ledbetter) of the same sex, whatever the written rules may have said, was recklessly in defiance of common sense — as it would have been reckless to hire a heterosexual to have unmonitored supervisory access to troubled adolescents of the opposite sex. This was not, in other words, a “freak accident.” It was completely foreseeable. More heads should have rolled than did (though Commissioner Nola Gentry’s replacement was a Marjorie Taylor Greene type, far inferior to Nola).

So my grudge, finally, is that not all “discrimination” is invidious (some is utterly sensible), and thus not all discrimination should be legally forbidden, as it increasingly is — and as the Journal & Courier supports.

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

The Equality Act

When I listen to news, I listen to NPR. I’m aware of its liberal bias, which manifests in how it covers news but also — and this is too rarely appreciated — what it considers "newsworthy" in the first place.

But NPR really dropped the ball on the Equality Act, which comes up for vote in the U.S. House today. Its story doesn’t even mention opposition based on the certain (not speculative) effect of requiring that male-to-female transgender persons be permitted to compete in athletic events against biological women.

A guest opinion piece in the Wall Street Journal identifies other problems besides the Act’s adverse effect on religious and conscience rights:

The Equality Act would threaten the existence of women’s prisons, public-school girls’ locker rooms, and women’s and girls’ sports teams. It would limit freedom of speech, freedom of association, accurate data collection, and scientific inquiry. It would threaten the rights of physicians who doubt the wisdom of performing life-changing, reproduction-limiting procedures, and parents who seek to protect their minor children from such treatment.

This isn’t hyperbole. Similar state laws have already resulted in such harm. In California, Catholic hospitals have faced lawsuits for declining to perform life-altering “gender affirmation” surgery in September 2016. In Connecticut, two biologically male athletes won a combined 15 girls state championship races, allegedly taking opportunities for further competition and scholarships from female runners in June 2019. Alaska’s Equal Rights Commission opened an investigation into a women’s shelter after it turned away a biological male in September 2019. H.R. 5 would impose the most extreme form of these laws on the whole country.

The bill is so broad that even some who support the measure in principle have called for Congress to carve out exceptions. Writing in the Washington Post in 2019, tennis legend and activist Martina Navratilova asked Congress to exempt athletic competitions. “The reality,” Ms. Navratilova wrote, “is that putting male- and female-bodied athletes together is co-ed or open sport. And in open sport, females lose.”

Women forced to compete against male athletes risk not only losing competitions, but also serious injury. Ask Tamikka Brents, whose orbital bone was fractured by transgender MMA fighter Fallon Fox in the latter’s first professional fight as a woman. Ms. Brents said she felt “overwhelmed” by the fight.

The reason that some contexts require separation of the sexes is obvious: Women have unique physical vulnerabilities. Female inmates are kept separate from male inmates for just this reason. How can we possibly reduce the number of sex crimes against women if the law refuses to recognize such basic differences?

Under the guise of fairness, the Equality Act would forbid policy makers from ever taking into consideration the differences between men and women that are necessary in order to guarantee safety and equality of the sexes.

The Equality Act isn’t about protecting people from discrimination; it’s about compelling adherence to gender ideology. Don’t let its name fool you.

The Equality Act Makes Women Unequal – WSJ

Religious freedom was once held in such high esteem that Congress was almost unanimous on the Religious Freedom Restoration Act less than 30 years ago, and Bill Clinton supported it and signed it. Today, it generally appears in scare quotes, often with intensifiers (e.g., "so-called ‘religious freedom’"), and is to the cultural left a bugaboo like saying "George Soros" to the cultural right.

NPR mis-reported the primary objections to The Equality Act, a bit of liberal groin piety analogous to tax cuts on the right, and I can’t help but suspect that they did so to "poison the well." Selma envy is alive and well as a prime motivation of today’s progressivism.

Another curated collection

There’s another strange point that I would add, and maybe we’ll talk about this a little bit more because it does touch on broader issues, but it would be a strange doctrine indeed [if] every time the government takes over a new function and starts to contract about it, the scope of free exercise or free speech rights just automatically shrinks. Because that would mean that in order for the government essentially to do what it wants it just has to occupy the field on any particular field …
The growth of the administrative state has been putting a lot more pressure on the exercise of religion, and this would be a good example of that. And this came up in oral argument: Justice Barrett asked this question at one point, “well could the city just take over running all the hospitals and then say that ‘we’re going to contract it out and everybody has to agree with our terms’?”

Marc O. DeGirolami and Mark Movsesian, respectively, Legal Spirits Episode 028: Oral Argument in Fulton v. Philadelphia – LAW AND RELIGION FORUM, starting at about the 12:05 mark (hyperlink added).

Fulton is last Wednesday’s SCOTUS oral argument over Philadelphia taking over foster care and then banning Catholic Social Services because, had a hypothetical gay couple (or any unmarried couple) shown up seeking to foster or adopt, CSS would have referred them elsewhere. Oh, the horror!

It was a strange oral argument, though, as noted both by these two and by David French and Sarah Isgur last week on Advisory Opinions (starting at 49:00).

“There’s a lot of parallels between a community that’s 96% Hispanic and a community that’s 96% white,” said Freddy Guerra, a former mayor of nearby Roma[, Texas]. “Racism is not something that people deal with in Starr County because everybody’s brown. Climate change isn’t something they feel. They prefer bread on the table.”

Elizabeth Findell, How Democrats Lost So Many South Texas Latinos—the Economy – WSJ

This reminds me of my six weeks in Europe and the British Isles in 1968, touring with the Wheaton College Men’s Glee Club.

When we were in Belfast and Northern Ireland more generally, I (good Protestant boy though I was) was appalled at the anti-Catholic bigotry. I was not surprised when the Catholics started fighting back the next year — The Troubles.

Ireland to the south, in contrast, was tolerant of its Protestant minority.

Seeking some explanation other than intrinsic Catholic tolerance (an answer that I’d have found most uncongenial at that point in my life), I was told that it was pretty simple: Protestants were too few in Ireland to worry about, while Catholics were a very large part of Northern Ireland.

I guess our American polarization could be caused by either of two things:

No place is so nearly homogenous as Ireland; there’s no place where a dissident minority can be ignored; or
We don’t perceive the United States as a bunch of places, so any dissent from our views anywhere is a threat.

Maybe there are other options, or maybe I’m generalizing too hastily.

A great cry went up from Orthodox throats across the globe earlier this year when the Turkish government repurposed Hagia Sophia from museum to mosque. The cry was an echo of May 29, 1453, when the city of Constantinople fell to the forces of Sultan Mehmed II. That day, and its pain, have remained an iconic tragedy of a lost world and an abiding sadness. No one dared ask that the Church be returned to use as a Church – better a museum than a mosque. In truth, even as a museum, the loss remains intense. What is lost is not real estate, a building. It is the right place of beauty in the Christian experience. That loss is repeated in museums across the Western world.

Years ago, as a young Anglican priest, I visited the art museum at Bob Jones University in Greenville, SC (my home town). With me was an Anglican monk. Together we made our way through a surprising collection of Italian Church art, and, at the time, one of the largest collections of Russian icons outside of the Soviet Union. Guards followed us carefully through the museum – not that we were perceived as potential thieves. Rather, I think, we were perceived as potential idolaters. That “Christian” museum was, in many ways, a parallel of Hagia Sophia.

…

The Russian icons at Bob Jones were originally created not just as exemplars of an abstract beauty, but as objects of veneration. They were (and are) “windows into heaven.” The Fathers said of icons that they “make present that which they represent.” They are a means of communion. In the museum-world of modernity, what is contemplated is our own feelings and thoughts. Beauty becomes “art,” serving only our self-gratification.

That which is made present in an icon is perceived only in the act of veneration. In that action, the one who sees also participates through the extension of the self towards that which is made present ….

Fr. Stephen Freeman, Museums, Churches, and My Back Yard – Glory to God for All Things (emphasis added).

The reminder that a lot of museum’s misappropriate stuff (legally) was chastening. And I can’t resist poking a bit at BJU given a legitimate opportunity.

I corrected a shocking omission in my education today by finally reading Alexandr Solzhenitsyn’s 1978 Harvard Commencement Address, A World Split Apart:

The press too, of course, enjoys the widest freedom. (I shall be using the word press to include all media.) But what sort of use does it make of this freedom?

Here again, the main concern is not to infringe the letter of the law. There is no true moral responsibility for deformation or disproportion. What sort of responsibility does a journalist or a newspaper have to his readers, or to his history — or to history? If they have misled public opinion or the government by inaccurate information or wrong conclusions, do we know of any cases of public recognition and rectification of such mistakes by the same journalist or the same newspaper? It hardly ever happens because it would damage sales. A nation may be the victim of such a mistake, but the journalist usually always gets away with it. One may — One may safely assume that he will start writing the opposite with renewed self-assurance.

Because instant and credible information has to be given, it becomes necessary to resort to guesswork, rumors, and suppositions to fill in the voids, and none — and none of them will ever be rectified; they will stay on in the readers’ memories. How many hasty, immature, superficial, and misleading judgments are expressed every day, confusing readers, without any verification.

The press — The press can both simulate public opinion and miseducate it. Thus, we may see terrorists described as heroes, or secret matters pertaining to one’s nation’s defense publicly revealed, or we may witness shameless intrusion on the privacy of well-known people under the slogan: “Everyone is entitled to know everything.” But this is a false slogan, characteristic of a false era. People also have the right not to know and it’s a much more valuable one. The right not to have their divine souls [stuffed with gossip, nonsense, vain talk.] A person who works and leads a meaningful life does not need this excessive burdening flow of information.

Hastiness and superficiality are the psychic disease of the 20th century and more than anywhere else this disease is reflected in the press. Such as it is, however, the press has become the greatest power within the Western countries, more powerful than the legislative power, the executive, and the judiciary.

Without any censorship, in the West fashionable trends of thought and ideas are carefully separated from those which are not fashionable; nothing is forbidden, but what is not fashionable will hardly ever find its way into periodicals or books or be heard in colleges. Legally your researchers are free, but they are conditioned by the fashion of the day. There is no open violence such as in the East; however, a selection dictated by fashion and the need to match mass standards frequently prevent independent-minded people giving their contribution to public life … There is, for instance, a self-deluding interpretation of the contemporary world situation. It works as a sort of a petrified armor around people’s minds. Human voices from 17 countries of Eastern Europe and Eastern Asia cannot pierce it. It will only be broken by the pitiless crowbar of events.

Still more:

If humanism were right in declaring that man is born only to be happy, he would not be born to die. Since his body is doomed to die, his task on earth evidently must be of a more spiritual nature. It cannot be unrestrained enjoyment of everyday life. It cannot be the search for the best ways to obtain material goods and then cheerfully get the most of them. It has to be the fulfillment of a permanent, earnest duty so that one’s life journey may become an experience of moral growth, so that one may leave life a better human being than one started it.

I also read some less enduring stuff.

The American people can have confidence that this election was fundamentally fair, its integrity will be upheld, and its outcome is clear.

Former Republican President George W. Bush, in a statement congratulating Joe Biden for winning the presidency, quoted in Knowhere News

Only in the fevered mind of Donald Trump is this statement not admirable, but I’ll be surprised if Trump hasn’t mean-Tweeted it.

The fine print on the campaign’s website shows that 60 percent of contributions to Trump’s new “Election Defense Fund” will actually be diverted toward retiring his campaign’s debt, and Axios reported last night that the president plans to “hold campaign-style rallies … in an effort to prolong his fight against apparent insurmountable election results.”

The Morning Dispatch: Biden Calls for Unity

Did you even read past the first sentence? Or are you just purposely lying so you can talk tough? No one said give up. I literally said investigate every irregularity and use the courts. You’re a member of Congress now, Marjorie. Start acting like one.

Congressman Dan Crenshaw to Congresswoman-elect Marjorie Taylor Greene, who spouted some chest-thumping misrepresentation of Crenshaw on Twitter.

Thank you, Mr. Crenshaw.

Out of the crooked timber of humanity no straight thing was ever made.

You shall love your crooked neighbour
With your crooked heart.

W.H. Auden

You can read most of my more impromptu stuff here or join me and others on micro.blog. You won’t find me on Facebook any more, and I don’t post on Twitter (though I do have an account for occasional gawking).

Nate White’s Bill of Particulars

Via Garrison Keillor, I quoted some of this earlier today, but it stuck with me until I tracked the whole thing down.

This is very stylish writing, but I suspect that this whole Bill of Particulars could be distilled as epiphenomena of extreme toxic narcissism, which remains my go-to distillation. Still, there’s more than a little value to setting it out in detail for the candid consideration of all fair-minded Americans:

Someone asked “Why do some British people not like Donald Trump?”

Nate White, an articulate and witty writer from England, wrote this magnificent response:

“A few things spring to mind.

Trump lacks certain qualities which the British traditionally esteem.

For instance, he has no class, no charm, no coolness, no credibility, no compassion, no wit, no warmth, no wisdom, no subtlety, no sensitivity, no self-awareness, no humility, no honour and no grace – all qualities, funnily enough, with which his predecessor Mr. Obama was generously blessed.

So for us, the stark contrast does rather throw Trump’s limitations into embarrassingly sharp relief.

Plus, we like a laugh. And while Trump may be laughable, he has never once said anything wry, witty or even faintly amusing – not once, ever.

I don’t say that rhetorically, I mean it quite literally: not once, not ever. And that fact is particularly disturbing to the British sensibility – for us, to lack humour is almost inhuman.

But with Trump, it’s a fact. He doesn’t even seem to understand what a joke is – his idea of a joke is a crass comment, an illiterate insult, a casual act of cruelty.

Trump is a troll. And like all trolls, he is never funny and he never laughs; he only crows or jeers.

And scarily, he doesn’t just talk in crude, witless insults – he actually thinks in them. His mind is a simple bot-like algorithm of petty prejudices and knee-jerk nastiness.

There is never any under-layer of irony, complexity, nuance or depth. It’s all surface.

Some Americans might see this as refreshingly upfront.

Well, we don’t. We see it as having no inner world, no soul.

And in Britain we traditionally side with David, not Goliath. All our heroes are plucky underdogs: Robin Hood, Dick Whittington, Oliver Twist.

Trump is neither plucky, nor an underdog. He is the exact opposite of that.

He’s not even a spoiled rich-boy, or a greedy fat-cat.

He’s more a fat white slug. A Jabba the Hutt of privilege.

And worse, he is that most unforgivable of all things to the British: a bully.

That is, except when he is among bullies; then he suddenly transforms into a snivelling sidekick instead.

There are unspoken rules to this stuff – the Queensberry rules of basic decency – and he breaks them all. He punches downwards – which a gentleman should, would, could never do – and every blow he aims is below the belt. He particularly likes to kick the vulnerable or voiceless – and he kicks them when they are down.

So the fact that a significant minority – perhaps a third – of Americans look at what he does, listen to what he says, and then think ‘Yeah, he seems like my kind of guy’ is a matter of some confusion and no little distress to British people, given that Americans are supposed to be nicer than us, and mostly are. You don’t need a particularly keen eye for detail to spot a few flaws in the man.

This last point is what especially confuses and dismays British people, and many other people too; his faults seem pretty bloody hard to miss.

After all, it’s impossible to read a single tweet, or hear him speak a sentence or two, without staring deep into the abyss. He turns being artless into an art form; he is a Picasso of pettiness; a Shakespeare of shit. His faults are fractal: even his flaws have flaws, and so on ad infinitum.

God knows there have always been stupid people in the world, and plenty of nasty people too. But rarely has stupidity been so nasty, or nastiness so stupid.

He makes Nixon look trustworthy and George W look smart.

In fact, if Frankenstein decided to make a monster assembled entirely from human flaws – he would make a Trump.

And a remorseful Doctor Frankenstein would clutch out big clumpfuls of hair and scream in anguish:

‘My God… what… have… I… created?

If being a twat was a TV show, Trump would be the boxed set.”

Nate White quoted here.

Any questions?

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This is a bit of a pivot, but toward the end of James Howard Kunstler’s new book, Living in the Long Emergency, Kunstler lays out his conspiracy theory of the Russiagate matter, which I excerpt thus:

The nation’s so-called “intelligence community,” led by then CIA director John Brennan, geared up a scheme to spy on the Trump campaign; entrap some of its minor players (Carter Page, George Papadopoulos, Donald Trump, Jr.) in cloak-and-dagger operations (that backfired); spin out a Russia collusion “narrative” that painted Mr. Trump as “an agent of Putin;” and engineer the appointment of a grand inquisitor, Mr. Mueller, to launch investigations that would prepare Congress with a grand brief for the president’s removal.

…

The dossier was used as the primary predicate document by the FBI in obtaining surveillance warrants against Mr. Trump’s associates. It was never properly vetted under the FBI regulation known as the “Woods procedure.” Emails and memoranda between the FBI and DOJ officials involved, made public since 2018, showed clearly that they knew the dossier was false but that they submitted it to the “special” FISA court judges—under the Foreign Intelligence Surveillance Act—regardless.

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Ironically, the scheme amounted to the Clinton campaign, the FBI, and other government actors interfering in the 2016 presidential election, which was exactly what the same inquisitors had blamed Mr. Trump and the Russians for.

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The catch was, in spite of the exertions to nail down the election for Mrs. Clinton, she lost. And once she lost, those US government players who “meddled” in the election on her behalf stood to be exposed for the simple reason that Mr. Trump would soon be in charge of the executive branch, would appoint his own people to run the agencies, and would be in a position to discover all that misconduct. It would be reasonable to suppose that Mr. Trump would be mighty angry about what has since been termed a “soft coup” against him by his own government. It was this fear of being exposed for sedition—a serious crime—that drove the hysteria among Mr. Trump’s antagonists.

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It was basically a cover-your-ass operation, a smoke screen to divert attention from their own crimes.

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It is already documented in testimony to House and Senate committees that the FBI and Department of Justice officials knew that the Steele Dossier was a fabrication, and that the agencies used it anyway to kick-start their campaign against Mr. Trump. Thus, the predicate for the Mueller investigation was knowingly dishonest.

I suppose you could say that if Nate White is right about Trump, everything Kunstler alleges about Trump’s adversaries (open and covert) was justified. (I omit some of the reasons I have trouble buying Kunstler’s theory and prescind that possibility as irrelevant to my decision. For all I know or care, it might be true.)

Or I suppose you could say that if Kunstler is right about the deep state and Democrat conspiracy against Trump, no defects of Trump are weightier than the need to stick it to his dishonorable foes. Kunstler mercifully does not argue that. He basically thinks were screwed no matter what, due to decisions made bi-partisanly, mostly since World War II. (Besides which, I’m starting to think that “Deep State” is nothing more than a slur against competent professionals who irritate politicians who want to do something slipshod or semi-suicidal. And that “sticking it to” his foes will produce a lot of collateral damage to innocent bystanders.)

The question we face in November is not whether the supposed conspirators against Trump should be rewarded, but about whether we need a more fully human human being in the White House starting Inauguration Day 2021.

I need not believe any theory of Russiagate, pro-Trump or pro-foe, to make my decision because I see with my own eyes and hear with my own ears the proof of Nate White’s Bill of Particulars, not one of which has anything to do with Russia, Ukraine, or things arcane.

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