Category: Justice

Public Affairs

On the one hand, I express no profound personal opinions here; on the other, I have some smart and provocative “takes” from others and some comments on them.

Stupid opinions on why a Trump conviction will be reversed

Any conviction obtained at the so-called “trial” of former President Donald Trump’s alleged alteration of financial records will be reversed on appeal, if necessary by the U.S. Supreme Court, because altering financial records is only a crime in New York if you do it to conceal some other crime. Paying Stormy Daniels money is NOT a crime. …

Steven Calabresi (emphasis added).

I would wager a substantial sum that the U.S. Supreme Court will not reverse a New York conviction of Trump at all, let alone on the basis that New York Courts misapplied New York law.

If the law is as Calabresi says, State appeal courts should reverse, but state Courts have the last word on what state law is.

Steven Calabresi is not a stupid man. This outburst was an example of motivated reasoning.

It’s still quite possible that the Manhattan jury will convict Trump on the 34 felony charges Bragg has brought. But there is no chance the conviction will withstand appeal, particularly given that it relies so heavily on Cohen’s testimony.

Eli Lake (emphasis added).

I would wager even more that a conviction will not be reversed because it relies too heavily on Michael Cohen’s testimony. No Courts will have any idea what the jury relied on. That’s not how jury trials work.

I cannot vouch for Elli Lake not being stupid on legal matters. It rather appears that he is.

Note: This is not to say that Courts won’t reverse because particular testimony of Cohen was admitted over timely objection. Nor am I saying that this prosecution is solid and will not be reversed. There’s a lot of non-dopey analysis that thinks if very shaky. I’m just faulting stupid arguments that mislead non-lawyer readers.

History Rhyming?

I’ve been surprised at the intensity of the electorate’s hostility to post-Roe restrictive abortion legislation. I thought public opinion was more closely divided.

As we think about why voters are so hostile, though, it may be illuminating to remember the Protestant landscape pre-Roe. For one common instance:

The great majority [of pre-Roe Southern Baptists] favored such “therapeutic” abortions, but a small minority objected that abortion was murder, and another small minority argued that it should be legal in all cases. The divide, however, did not fall along the usual conservative-moderate lines, but rather, it seems, along the spectrum of anti-Catholicism.

Frances FitzGerald, The Evangelicals. Voters may just be reverting to pre-Roe positions.

I care a bit about what the various states do. But I’m still committed to federalism, unconvinced that this is an appropriate topic for national legislation.

Commencement Addresses

It’s like the opening parable of David Foster Wallace’s Kenyon College commencement address: “There are these two young fish swimming along and they happen to meet an older fish swimming the other way, who nods at them and says ‘Morning, boys. How’s the water?’ And the two young fish swim on for a bit, and then eventually one of them looks over at the other and goes ‘What the hell is water?’”

James K. A. Smith, You Are What You Love

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.

Alexandr Solzhenitsyn, Harvard Commencement Address, 1978

Equality

In these powerfully written essays Oakeshott points to the damage done when politics is directed from above towards a goal – whether liberty, equality or fraternity – and where all policies and negotiations are formulated by reference to that goal.

Roger Scruton, Conservatism

We in the US are suffering from a putative commitment to the goal of equality, “where all policies and negotiations are formulated by reference to that goal.”

I say “putative” because we seem to have lost the ability to identify which things truly are alike, and so should be treated alike, the ability to recognize that not all discrimination is invidious. Sometimes “discrimination” is the necessary consequence of discernment.

If the preceding seems impenetrably opaque, think about the dogma “trans women are women.” If that makes perfect, incontestable sense to you, you probably are loving our present love affair with “equality.” If you hesitate or disagree with “trans women are women,” you may be on my wavelength.

Elites and normies

Elites require control over the information sphere because their policy obsessions—on immigration, gender, and climate, for example—are not popular with the normies. By necessity, progressive fantasies must be imposed on our mediated reality, even as dissenting opinions are cast out into the dark. The internal combustion engine will destroy the earth; windmills will save it. Trump is a wannabe dictator; Biden, the adult in the room. Antagonists are always “far right”; there’s no such thing as “far left.” The ambition to conquer the empirical world with words approaches magical thinking.

It rarely works. The chaos and contingencies of the digital age allow the normies and their chosen tribunes, the populists, too much room to maneuver. Trump’s rise in the opinion polls would otherwise be inexplicable.

Martin Gurri

Why the meritocracy is not viewed as a legitimate ruling class

Now comes the kicker. By the competition it unleashes, bourgeois society creates unprecedented wealth, but also unprecedented inequality of wealth. It does so even while proclaiming equality to be its great insight, innovation and foundation, an inalienable right of man. The contradiction of bourgeois society is such that “its development belies its principle, and its dynamic undercuts its legitimacy.”

In earlier societies, inequality held a legitimate status, assigned by nature, tradition, or providence. In bourgeois society, inequality is an idea that circulates sub rosa in contradiction with the way individuals view themselves; it nevertheless pervades the environment in which they live…. The bourgeoisie did not invent the division of society into classes, but by cloaking that division in an ideology that renders it illegitimate, they tinged it with suffering.

One result is that we are deprived of a fundamental requirement of any polity: a ruling class that will be perceived as legitimate.

…

At bottom, we see a refusal of the ruling class to take responsibility for its rule, preferring to LARP at the barricades.

Matthew B. Crawford, Why the meritocracy is not viewed as a legitimate ruling class

Why so few pro-Trump columnists

There aren’t many pro-Trump columnists at major papers because there aren’t many pro-Trump columnists anywhere.

In past years, it hardly seems possible that a major publication wouldn’t have a supporter of Ronald Reagan on George W. Bush on its staff. That is why in 2024, newspapers would love nothing more than to have an in-house columnist on Team Red Hat/Tie.

But Trumpism is a visual medium – it cannot withstand the scrutiny of a written column. Trump supporters can go on Fox News or Newsmax or OAN and say whatever they want in the moment without being fact-checked beforehand. But writing a column means having editors and fact checkers verify the claims you’re making.

And because no editor will rubber-stamp a claim like “the 2020 election was stolen,” someone who tries to argue Biden didn’t win the last election or that the Jan. 6 insurrectionists were “political prisoners” will never be able to make their way to a legacy print outlet. A columnist that wanted to say, for instance, Vice President Mike Pence had the ability to choose his own electors in 2020 would be like a columnist earnestly arguing a woman is safer if she encounters a bear rather than a human man in the woods.

This phenomenon is glaringly obvious any time Trump goes on a network like CNN for a town hall or a debate. The falsehoods come so fast out of his mouth, the moderator can’t keep up, leaving 90 percent of his claims unchallenged. If the reporter stopped Trump to correct him on every lie he told, the event would be more moderator than candidate.

That is because being a Trumper is based almost solely on emotion and doesn’t rely on facts. Trumpism is a clenched fist, not an argument. And newspapers print arguments.

Christian Schneider, Where Are All the Pro-Trump Newspaper Columnists? (emphasis added; H/T The Morning Dispatch)

I am predisposed to credit Schneider’s argument because of people like Eric Metaxas.

Metaxas, a Yale grad, is an intellectual of sorts. He writes books. He hosts high-tone “Socrates in the City” conversations. I have it on fairly good authority that he’s genial and fun to talk to.

But he’s bereft of arguments for his election denialism. He has rock-solid certainty. As a word guy, he makes reductio ad Hitlerum analogies. He may have had mystical visions. But he has zero evidence. (Did I mention the rock-solid certainty?)

Checking in on the further-right

Charlie Kirk is worked up. “The world is in flames, and Bidenomics is a complete and total disaster,” the conservative influencer said during a recent episode of his podcast The Charlie Kirk Show. “But it can’t and won’t ruin my day,” he continued. “Why? ’Cause I start my day with a hot America First cup of Blackout Coffee.” Liberals have brought about economic Armageddon, but first, coffee.

… “Rest assured knowing that you’re ready for whatever the globalists throw at us next,” Kirk said at the end of one ad for medical-emergency kits … The commercial breaks sounded like something from an alternate universe. The more I listened to them, the more I came to understand that that was the point.

…

Some of Kirk’s ads … sound a little jarring: “You are nine meals away from anarchy,” he said in one ad for buckets of food rations, from a website called MyPatriotSupply.com. Yet as the world of right-wing-coded products has expanded, so has the weirdness of ads for them. “For 10 years, Patriot Mobile has been America’s only Christian-conservative wireless provider,” started another ad. Switching to Patriot Mobile, Kirk explained, would mean that “you’re sending the message that you support free speech, religious liberty, the sanctity of life, the Second Amendment, our military veterans and first-responder heroes” while getting “the same coverage you’ve been accustomed to without funding the left.”

Ali Breland, Why Is Charlie Kirk Selling Me Food Rations?

Another Denialism

Just as the Bishop of Oxford refused to consider that he might be descended from an ape, so now are many in the West reluctant to contemplate that their values, and even their very lack of belief, might be traceable back to Christian origins.

Tom Holland, Dominion

Trust the science

The strong, as science had conclusively demonstrated, had both a duty and an obligation to eliminate the weak.

Tom Holland, Dominion

So: where did all my mockery of Trump go?

I suffer more from the humiliations inflicted by my country than from those inflicted on her.

Simone Weil, from a letter to Georges Bernanos.

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my cathartic venting, especially political here. (b) I also post some things on the only social medium I frequent, because people there are quirky, pleasant and real.

March 9, 2024

Fiat justitia ruat caelum

One thing always catches my eye in the Morning Dispatch: Items captioned “Presented without Comment.”

So here’s a few of my own:

Okay, I can’t resist a little comment. The three are grousing about the Colorado ballot exclusion case, Trump v. Anderson.

George Conway, author of the third listed column, sums up what I think happened:

It may be noble-minded for someone like me, sitting in the cheap seats, to incant my favorite Latin legal maxim, Fiat justitia ruat caelum—“Let justice be done though the heavens may fall.” But I don’t hold a lifetime appointment to decide how justice is to be done. And however much I’d like to think that judges really believe … that they “cannot allow [their] decisions to be affected by any extraneous influences such as concern about the public’s reaction to [their] work,” the fact is that judges are human. Their decisions are affected at times by their perception of what the public reaction may be.

…

I could go on picking apart the weaknesses and inconsistencies in the Court’s opinion, and legions of law professors will do so for ages to come, but the Court’s lack of convincing reasoning is, frankly, beside the point. The Court’s decision wasn’t about law. It was about fear.

I think SCOTUS reached the right conclusion on the wrong rationale. You can make fun of me, but I think the theory is correct that the President is not an “officer” subject to section 3. I think that for having read some of the history around section 3, which I find more persuasive than one Senator’s (disingenuous?) assurance to another that the amendment indeed “hid an elephant (POTUS) in a mousehole” (“other officers”). And I return to that ideé fixe after feeling, as I recall, some passing doubt about it during the oral argument.

Well, at least SCOTUS was “unanimous.” Now I can only hope that never-Trump Republicans, who Trump has disinvited from his party, will oblige him in sufficient numbers to assure his defeat, fair and square, in the November balloting.

Political

On not feeding the Christian Nationalist beast

After a longform survey of the Christian Nationalist landscape, Jake Meador delivers the potent point:

What worries me now, though, is not the Christian Nationalists themselves. Frankly, many of them are too reckless, undisciplined, and reactive to be able to accomplish the revolutionary change they seek. What worries me is that there are a great many socially conservative evangelical voters who love the democratic life who are constantly being called “Christian Nationalists” by the likes of Heidi Przybyla for believing things that are utterly unremarkable in Christian history. If our secular media outlets continue to tell them that “Christian Nationalism” is the belief in things virtually all Christians across history have believed, I fear they will listen. And they will find these ethno-nationalist totalitarian aspirants and, not realizing what they are doing, they will make common cause with them.

After all, they’ve already been told that they are ‘Christian Nationalists,’ haven’t they? They’ve been told that protecting the unborn makes them a Christian nationalist, that wishing to promote natural marriage makes them a Christian nationalist, that wanting men to support their children makes them a Christian nationalist. They’ve even been told that believing our rights come from God makes one a Christian nationalist.

Eventually they will start to believe it.

Here is my request: If you are a secular person who wants Christian Nationalism to lose, you should stop helping the Christian Nationalists win.

(One hyperlink added)

It was quite adolescent of me, with my actual adolescence a mitigating factor, but there were several times in my younger life when I was falsely accused of things and reacted by actually doing them.

So I hope you can forgive me for agreeing heartily with Jake Meador on this one.

White Rural Rage

White Rural Rage: The Threat to American Democracy
By Tom Schaller and Paul Waldman
Random House, 320 pages, $32

Why does a book like this exist? For one thing, it exists to serve the demand for books among people who lack the patience for reading literature. These books are some of the many consumer items that serve as tokens of college education. By visiting the front-most display table at Barnes & Noble and picking up a copy of The Sixth Extinction or Freakonomics, one affirms one’s place among the civilized few who “read.” With White Rural Rage: The Threat to American Democracy, Paul Waldman and Tom Schaller toss another forkful of silage into the troughs of the book-club class. 

Of course, a book like this is also intended to provoke a reaction from its targets. The authors are counting on it, as they make clear when they predict that some will conclude that “as two coastal cosmopolitans, we have no right to offer this critique of White rural politics.” The anticipated backlash is an essential part of the marketing strategy.

…

It is the third part of their thesis on which I would like to raise some points of information. Waldman and Schaller assert that, despite their ruling stature, rural whites “paradoxically” fail to demand anything of their political leaders. The authors admit that rural whites have some legitimate sources of anger, particularly the economic hollowing out of their regions by “late-stage capitalism.” However, having despaired of correcting this, rural whites lend their electoral clout to Republicans, who offer a program of cultural vengeance without any redress of rural whites’ material grievances. There is a lot of truth to this. I would just add that pretty much all Americans have seen their communities hollowed out by capitalism, and pretty much all of them have despaired of receiving very much from their representatives. Those who plan to trudge submissively to the polls for President Biden in November are hardly more demanding subjects than those who will cast a vote for Donald Trump.

…

Consider this remark from the authors, in reference to a 2023 conference in Nebraska about preventing agricultural monopolies: “Rural folks are gradually realizing that corporate consolidation, not socialism, is destroying their economies.” Judging by the record of the Grangers, the People’s Party, William Jennings Bryan (who is briefly cited in the book as a typical rural bigot) the Non-Partisan League, the American Society of Equity, Robert LaFollette, the National Farmers’ Organization, Estes Kefauver, the American Agriculture Movement, the National Save the Family Farm Coalition, Tom Harkin, Paul Wellstone, and others, I would suggest that rural people made some hesitant advances toward this insight before 2023. Indeed, a poll conducted by Open Markets Institute in 2018 showed that 54 percent of Trump voters favored the government breaking up monopolies, and only 28 percent were opposed. Moreover, some of the most visible MAGA firebrands are thoroughgoing antimonopolists. Perhaps some of the “gradual realization” Waldman and Schaller delight in when it is expressed in small activist conferences is also reflected in the far more formidable MAGA movement.

Hamilton Craig, The Truth About ‘White Rural Rage’

Sully’s take on SOTU

Not everyone was totally bowled over by Joe Biden’s Thursday SOTU. Andrew Sullivan had the most colorful, detailed neutral take I’ve seen:

Yes, he did. That’s the core headline. Biden had to convince the American public, and to some extent the world, that he retains the vigor and marbles of his former self. And this he largely accomplished.

He still looks very old though. The first thought I had watching him emerge into the House was that he looks less like Biden than someone wearing a Biden Halloween mask. The features are all there in some kind of uncanny valley, buoyed by fillers, stretched by Botox into a mask whose weirdness hovers somewhere between Joan Rivers and John Kerry, the pure black raisin-eyes peering from within the carved carapace of what was once a face. The Botox is so severe that he has a habit of looking and listening to someone without any measurable change in expression, as if frozen until his mouth can prove he’s not a mannequin. That gives him the open-mouthed squint expression that makes him seem angry at something and yet clueless about why at the same time.

And the vigor was achieved by shouting half the address at about twice the speed required for it to be fully intelligible. The unholy pace made it inevitable he would slur his words as well, so at times, I felt like I was trapped in an Irish pub with a drunk unintelligibly yelling at me for some reason, and I couldn’t get away. And then there was the occasional tone of a fierce, marital squabble: the sudden rising cadence and rhetorical stamp of the foot, as he expressed his volcanic displeasure at something or other. In time, as the adrenaline (or something else) wore off a bit, he became more understandable, but I confess I kept turning the volume down. The Abraham Simpson vibe was strong.

Ouch!

Conservatives and Republicans

[T]he overlap in a Venn diagram of conservatism and capital-R Republicanism has never been smaller.

The Dispatch, in its fourth-ever editorial: * https://thedispatch.com/article/the-american-people-deserve-better/*.

What is a sound foreign policy?

Nuland shows no sign of rethinking her ideological commitments, however. A few weeks ago, in a speech at the Center for Security and International Studies marking the second anniversary of Vladimir Putin’s invasion, she declared: “Our continued support for Ukraine tells tyrants and autocrats everywhere … that we will defend the rights of free people to determine their own future … and that the world’s democracies will defend the values and principles that keep us safe and strong.”

Such rhetoric shouldn’t be dismissed as pure posturing. Rather, proponents of realism and restraint in foreign policy must reckon with the fact that statements like these reflect the hawks’ deep-seated, immensely consequential convictions about America and its place in the world. Put another way: Nuland & Co. really do mean it when they say such things—and that lack of cynicism is precisely what makes them so terrifying. Their conception of foreign policy as an endless international crusade against ideological enemies, rather than a tool for realizing state interests, fails the American people and risks bringing the world to the precipice of catastrophe.

Mark Episkopos, The False Religion of Unipolarity

WPATH

Carcinogenic transitions

→ WPATH Files: This week, the leading organization for doctors who perform gender transitions on minors is reeling from a major leak of internal documents, emails, and conference calls. What the leak mostly shows: doctors really had no idea about a lot of the long-term impact of these interventions. Would the kids put on blockers and then cross-sex hormones ever be able to orgasm? Wow, we’re finding out that they can’t, because they’re saying they can’t. Will puberty blockers followed by cross-sex hormones (the yellow brick road of medical transition) stunt a kid’s growth, one clinician asks? Answer seems like yes: “Blockers, by suppressing puberty, keep growth plates open longer, so younger teens have a potential to grow longer, however their growth velocity is typically at prepubertal velocity, without typical growth spurt.” Or watch this video of clinicians trying to figure out how to get their 14-year-old patients to do informed consent to lifetime sterility (often starting at age 9 with puberty blockers). From the video: “It’s a real growing edge in our field to figure out how we can approach that. I’m definitely a little stumped on it.” I am also stumped on how to get gender-dysphoric children to consent to sterility—maybe we can wait till they’re 18? Just an idea. Just a thought. One practitioner talks about meeting former patients now in their 20s who want to start families, and he jokes that when they find him, he responds: “Oh, the dog isn’t doing it for you?”

The biggest news is that these groups knew that the hormone therapies were causing cancer. I’ve said it before, but as a one-time butch teenager with rabid political opinions and the knowledge that I was Correct About Everything, now a happy gay adult with no political opinions and the knowledge that I am Usually Wrong: thank god this movement wasn’t around when I was 14. That said, when I’m done having kids, given the state of things post-breastfeeding, a double mastectomy sounds sort of nice. 

Nellie Bowles

Monsters

Newly released internal files from the World Professional Association for Transgender Health (WPATH) prove that the practice of transgender medicine is neither scientific nor medical.

I’ve downloaded the files but have only heard excerpts from critics of WPATH. The files are so damning that WPATH has not admitted their authenticity nor, to my knowledge, have they denied it. Since mainstream media don’t like to be shown up as gullible, they’ve embargoed stories on the WPATH files for now.

Andrew Sullivan, a gay writer, has an unusual beef with WPATH. It might be distilled thus: “Doctors who medically transition adolescents are doing so with disregard for autism, mental health comorbidities, and questionably “informed consent. The consequence is that countless kids who have translated their homosexual urges into ‘I’m in the wrong body’ are being sexually mutilated and rendered non-orgasmic.”

But that’s how I would have distilled it last week. Now, with the release of the WPATH files, he’s white-hot:

What does one say of medical professionals who experiment on children in this fashion, and then publicly lie about it? One thing we can say is that they are not medical professionals. And WPATH is not a medical professional outfit, like, say, the American Medical Association. It has many activists and nutballs as members who have no medical or mental health expertise. But in so far as its “guidelines” are used by real medical groups and real doctors, and taken as gospel by woke MSM hacks, it has huge influence and no guardrails. What we are discovering is a grotesquely unethical experiment on vulnerable gender-dysphoric (and often gay) children, performed without meaningful consent, based on manipulative lies (the suicide canard), and defended by a conscious campaign of rank misinformation and ideological bullying.

I used to think there was some good in some of this, and that these experiments were being conducted with entirely good intentions by ethical doctors, who would never violate the Hippocratic Oath to “do no harm.” We all know better now. These quacks treat informed consent as optional, deploy emotional blackmail to alter a child’s endocrine system for life, and care little about the long-term consequences for the victims of their lucrative craft. They have never seen a guardrail protecting children that they didn’t want to remove — and recently abolished any lower limits on the ages at which children can be transed.

At some point the perpetrators of this unethical abuse of vulnerable, troubled kids need to face consequences, and not just in the broken, mutilated bodies of the children they have so callously abused.

Lawyers with the balls to buck the narrative and sue these monsters for malpractice deserve the rich financial rewards they’ll work so very hard to get.

Lost in the Cosmos

Assume that you are quite right. You are depressed because you have every reason to be depressed. No member of the other two million species which inhabit the earth—and who are luckily exempt from depression—would fail to be depressed if it lived the life you lead. You live in a deranged age—more deranged than usual, because despite great scientific and technological advances, man has not the faintest idea of who he is or what he is doing.

Walker Percy, *Lost in the Cosmos

So: where did all my mockery of Trump go?

I suffer more from the humiliations inflicted by my country than from those inflicted on her.

Simone Weil, from a letter to Georges Bernanos.

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

Saturday, 12/23/23

Smelling the Roses

I’ll turn too soon to less edifying thoughts, but let’s start with two observations, the first of which I practice while I mostly aspire to the second.

A little humanity

When I fell in love with English on a college campus many years ago, it was precisely because studying John Milton and James Joyce and Octavia Butler was so intoxicatingly useless in market terms. It rejected the assumption that value and utility are synonyms. The humanities captivated me — and foiled the best-laid plans of mice and pre-med — because literature and philosophy seemed to begin from a quietly revolutionary premise: There is thinking that does not exist merely to become work, and knowledge that does not exist merely to become capital.

Tyler Austin Harper via Frank Bruni

The French difference

“The French seemed to take every meal in public, even breakfast, and whenever dining, showed not the slightest sign of hurry or impatience. It was as if they had nothing else to do but sit and chatter and savor what seemed to the Americans absurdly small portions. Or sip their wine ever so slowly. “The French dine to gratify, we to appease appetite,” observed John Sanderson. “We demolish dinner, they eat it.””

David McCullough, The Greater Journey

Segue

In the popular piety of the formerly-Christian West, Monday’s Feast is the equal of Easter, and it’s first runner-up to Pascha (Easter) in the Eastern Church.

So if you want don’t want it to be your “miserable fate to spend the holidays this year listening to people complain about ‘anti-democratic’ attempts to strike a presidential frontrunner from the ballot” and similar things, you might want to stop reading now.

Politics and law

Of Rudy’s $175 million judgment and bankruptcy

I genuinely am curious who Trump could even staff a cabinet with. Literally everyone who comes near him is either publicly humiliated or impoverished through lawsuits and then also. . . publicly humiliated.

Nellie Bowles.

Suffice that they would not be our best people.

Regarding Colorado

Insurrection

January 6 qualifies as an “insurrection” even under a fairly narrow definition of the term that is limited to the use of force to take over the powers of government. We don’t need to rely on much broader definitions advocated by some legal scholars.

…

As our detailed recitation of the evidence shows, President Trump did not merely incite the insurrection. Even when the siege on the Capitol was fully under way, he continued to support it by repeatedly demanding that Vice President Pence refuse to perform his constitutional duty and by calling Senators to persuade them to stop the counting of electoral votes. These actions constituted overt, voluntary, and direct participation in the insurrection.

…

As I pointed out in a recent Bulwark article about the case, this goes beyond encouraging violence (as Trump did before the attack) or failing to try to stop it. It amounts to using the attack as leverage to try to force Congress to keep him in power. Using a violent insurrection in this way surely qualifies as “engaging in it,” even if Trump’s other actions fell short of doing so. Even if this somehow still falls short of “engagement,” this and Trump’s other actions surely at least gave “aid and comfort to the enemies” of the United States.

Ilya Somin, quoting the Colorado Supreme Court’s ruling.

Don’t take the bait

You’ll find no shortage of arguments against the decision of the Colorado Supreme Court that Donald Trump is barred by Section 3 of the 14th Amendment from serving as President, and therefore will be barred from Colorado ballots.

I’ll not rehearse them here except to beg you: Don’t fall for the simplistic line that the decision is bad because it’s “anti-democratic.”

Section 3 of the 14th Amendment was intended to be anti-democratic. It assumes that voters might elect an insurrectionist and says, in effect, “We don’t care. Insurrectionists can’t serve. Period. Full stop.”

Oh, yes: One more thing. It may be politically embarrassing that all seven Colorado Justices were appointed by Democrat Governors, but courts shouldn’t let political appearances sway them.

  • Somebody filed a lawsuit.
  • A lower court decided it and one side appealed.
  • From what I hear, the opinions and dissents in 213 pages of Colorado show great effort to get things right, not to carry partisan water or reject the cup handed them.

I wonder how SCOTUS will reverse? I strongly suspect it will. But the rationale will matter.

Our miserable fate

It’s our miserable fate to spend the holidays this year listening to people complain about “anti-democratic” attempts to strike a presidential frontrunner from the ballot who were adamant about disqualifying Barack Obama in 2008 absent proof of his status as a natural-born citizen.

…

I am confident that this would have been a different conversation on January 6, 2021. On that day, right-wingers who now scoff at the left for using the word “insurrection” for political purposes were using the word “insurrection” themselves. An earnest effort in court at the time to disqualify Trump from any future candidacy would have been received enthusiastically on the left and probably not much worse than ambivalence on the right. He was done in politics anyway at that point, right? Who would care if some court made it official?

We didn’t have that conversation on January 6, though. Or during the rest of 2021. Or 2022. Only this year did it become a live issue, and by then it was too late.

Meritorious or not, challenging Trump on 14th Amendment grounds wasn’t tenable politically once he had reestablished himself as the frontrunner for the Republican nomination.

Nick Catoggio

On the other hand

I bristle at criticism of the Colorado Supreme Court for having the temerity actually to decide a case presented to it without fear or favor.

But Nellie Bowles levels a different criticism, aimed at the people who brought the suit:

The only way to protect democracy is to end democracy: The Colorado Supreme Court decided this week that Trump is disqualified from holding the presidency and so cannot appear on the Republican primary ballot in the state. Meanwhile, California’s lieutenant governor ordered the state Supreme Court to “explore every legal option” to remove Trump from the ballot. In doing so, she said that the rules for the presidency are simple: “The constitution is clear: You must be 40 years old and not an insurrectionist.” Yet even there she is wrong: you only have to be 35. [Tipsy: You also have to be a natural-born citizen, Nellie.]

Anyway, for a long time the standard liberal take has been that Democracy Is Under Threat from Republicans. And Trump certainly tried schemes in Georgia and whatnot, like, the man gave it a shot. But I would say that banning the opposition party’s leading candidate. . . is pretty much the biggest threat to democracy you can do. It’s a classic one, really. Timeless. Oldie but Goodie. The American left was so committed to protecting democracy that they had to ban voting. 

All I’ll say is that once you ban the opposition party’s top candidate, you can no longer, in fact, say you’re for democracy at all. You can say you like other things: power, control, the end of voting, choosing the president you want, rule by technocratic elites chosen by SAT score, all of which I personally agree with. But you can’t say you like democracy per se.

So Colorado, listen, I dream every day of being a dictator. I would seize the local golf course and turn it into a park on day one; day two, expand Austin breakfast taco territory to the whole country; day three, invade Canada. Day four, we ban zoos. My fellow fascists, we’re on the same page. Let’s just drop the democracy stuff and call it what it is.

I’ve become persuaded that somebody ideally should have brought this sort of lawsuit years ago, when Trump wasn’t the GOP POTUS favorite by a commanding margin. But then most of us thought he was politically dead after January 6, so why would anyone bother?

“Eugenicons”

If the eugenicons were without influence, they could safely be ignored. The problem is that the they have a large and apparently growing influence.

Michael Lind

I spent a lot of time wading through Lind’s exposé of conservatives with eugenic sympathies, waiting for him to reveal the smoking gun. He never did.

I’m far from infallible on what’s going down in the world. I’m interested in what I’m interested in and within recent memory began consciously trying to forsake the fool’s errand of understanding everything.

That said, I’m not convinced that “eugenicons” (Lind’s failed attempt at coining a major concept) “have a large and apparently growing influence.” This felt like an article wherein the author got so invested in a theory that he couldn’t face up to its failure at his own hands.

Rank hypocrisy watch

House Speaker Mike Johnson of Louisiana was once perfectly content to use the courts to overrule a democratic process, spearheading an effort in late 2020 to collect lawmakers’ signatures in support of a lawsuit in Texas challenging the results of the that year’s election—which, if successful, would have voided millions of votes in four other states. Tuesday, though, Johnson—who formally endorsed Trump’s reelection campaign last month—was impugning the decision in Colorado that, in his view, would short-circuit the democratic process. “Today’s ruling attempting to disqualify President Trump from the Colorado ballot is nothing but a thinly veiled partisan attack,” he said. “Regardless of political affiliation, every citizen registered to vote should not be denied the right to support our former president and the individual who is the leader in every poll of the Republican primary. We trust the U.S. Supreme Court will set aside this reckless decision and let the American people decide the next President of the United States.”

TMD

Blood

It’s true; they’re destroying the blood of our country …

Donald J. Trump

All the great civilizations of the past became decadent because the originally creative race died out, as a result of contamination of the blood.

Adolph Hitler

Assuming arguendo …

Let us assume for the sake of argument that there is an absolutely massive conspiracy of Democrats against Donald Trump.

Does that assumed fact make him fit for the Presidency? Are we going to elect a manifestly unfit candidate — one who either is ignorant of holocaust history or who consciously is mimicking Adolph Hitler — to punish the Democrats for some underhanded opposition to him?

I’m sorry that Americans are so well-conditioned that they won’t consider voting for third-party candidates, and that a vote against Trump effectively becomes a vote for Biden*, but I can’t vote for him and will probably vote for the American Solidarity Party slate.

(* A reminder that this common trope is sometimes false. We do not elect Presidents by national popular vote. I have several times now voted for third-party candidates when it was apparent from polling that, for instance, my state was going to deliver its electors to Donald Trump rather than Joe Biden, and my vote wasn’t going to change that.)

Culture

Real men, good men, violent men

Pearcey noted first that there is a sharp dissonance culturally between how we think of “real men” vs “good men.” The former are often moral abysses but they display a certain kind of chest-thumping bravado that many associate with masculinity. The latter is honorable, devoted, and principled, but often despised culturally for precisely those reasons, and this applies as much within many churches as it does the culture.

The other point she made: There is a sharp gap in behavior between self-identified evangelical men who don’t go to church (they are statistically the most likely group in most studies to engage in domestic abuse) and evangelical men who do attend church (statistically the least likely to be abusive). At a time when many in the young Christian right are making their peace with manosphere internet Nazis, those two facts fill me with dread. But we owe Pearcey a debt for helping to document not only these two points, but many others.

Jake Meador, * 23 Books for 2023*, recommending Nancy Pearcey’s * Toxic War on Masculinity*.

Dechurching

Meador also recommends The Great Dechurching by Michael Graham and Jim Davis.

There are many, many wrong ideas out there right now about the place of religion in American life: The dominant driver of dechurching is abusive churches. The most common intellectual shift in people who dechurch is toward progressivism. American churches are basically doing fine and the noise about dechurching is largely just a digital artifact, not something tied to life on the ground in local churches.

All of those things are wrong.

The reality is that the biggest drivers of dechurching right now are changes of life, above all moving to a new place. More people dechurch into a secular right wing ideology than progressivism. And the current dechurching wave is the single biggest shift in churchgoing practice in American history.

Graham and Davis will walk you through the data from the study they did with Ryan Burge and then offer application to help call people back to church. And that’s another misconception, by the way: Most people who have stopped attending church are actually willing to come back.

The persistence of religion

A common critical fallacy among liberals of most stripes is the affirmation that reasoned debate is the currency of politics. We want to believe that one simple Rachel Maddow or Jon Stewart video will convince people that Pizzagate isn’t real or that Hilary Clinton doesn’t drink the blood of infants. The problem is pretending that logic, evidence, or reason have anything to do with such beliefs. The situation is much more dire, what we’re up against far more insidious; don’t expect to use logic when you’re at a Black Mass. “Everything may be religion,” I said, “but not all religions are good.” Irrationality, superstition, the numinous, and the transcendent—for both good and bad—can never be definitively pruned from our garden. You may as well pretend that language could be abolished as imagine the taming of the religious impulse, even when the aromatic censers of the church have been replaced by some weirdo’s keyboard.

Ed Simon

Simon also referred to Chris Rufo as a “Svengali opportunist.” I liked that very much. I distrust Rufo and have distrusted him since I first encountered him waging dishonest war on critical race theory. (Honest war on CRT is fine, but Rufo once boasted something like:

We’re going to render this brand toxic. Essentially what we’re going to do is make you think, whenever you hear anything negative, you will think critical race theory.

(Paraphrased from here.)

What’s even better than emission reduction?

Following up on this item, it occurs to me that mass disenthrallment with the automobile and a return to walking and cycling would be far better that reducing emissions from tailpipes or building overweight EVs that require a lot of mining of rare earths.

Exasperation speaking

“It’s part of this extreme right-wing attack on elite institutions,” said Charles Fried, a professor at Harvard Law School and a former solicitor general in the Reagan administration. “The obvious point is to make it look as if there is this ‘woke’ double standard at elite institutions.”

“If it came from some other quarter, I might be granting it some credence,” he said of the accusations. “But not from these people.”

Harvard Finds More Instances of ‘Duplicative Language’ in Claudine Gay’s Work – The New York Times

I assume Prof. Fried understands that truth is true regardless of who bears it, so I can only attribute this logical lapse to exasperation at Svengali opportunist Christopher Rufo.

When did foul language become invisible?

I occasionally see glowing reviews of some streaming series or another and wonder “why am I not watching that?” Then I go to the appointed streaming service and recall “Oh, yeah. I watched the first episode. It was so full of foul language that I couldn’t bear it.”

This is not a way of claiming that my own vocabulary is free of expletives, scatology, and occasional profanity. I adopted some of that stuff in my late teens and early twenties to shock my elders into recognition of their folly. Fifty-plus years later, that proto-trolling has proven one of my own lifetime follies.

My point is that foul language is invisible to most critics. There is a prominent Evangelical pundit, generally sound, who I’m nevertheless unable fully to trust because of how he raved about Ted Lasso without noting that its landscape was blanketed with F-bombs.

Saints and Sinners

[O]ne of the first things they teach you is that in the act of reporting, you will inevitably have to depend on information acquired from dodgy people. Saints, being saintly, often don’t know what’s going on; you have to talk to the people who are great sinners.

Rod Dreher

To salvage what’s left of the right’s faith in elections and the judiciary, and frankly to prevent civil unrest encouraged by Trump, the justices will need to reach a certain outcome in this matter regardless of whether they sincerely believe the law supports it. The Colorado Supreme Court accordingly may have viewed its own ruling as an opportunity to rebuke Trump constitutionally in a way that the U.S. Supreme Court won’t be able to, even if it’s privately inclined to do so.

…

I am confident that this would have been a different conversation on January 6, 2021. On that day, right-wingers who now scoff at the left for using the word “insurrection” for political purposes were using the word “insurrection” themselves. An earnest effort in court at the time to disqualify Trump from any future candidacy would have been received enthusiastically on the left and probably not much worse than ambivalence on the right. He was done in politics anyway at that point, right? Who would care if some court made it official?

We didn’t have that conversation on January 6, though. Or during the rest of 2021. Or 2022. Only this year did it become a live issue, and by then it was too late.

… Why, then, did his opponents wait so long to pursue this legal avenue against him?

Ironically, I think the answer is that they gave Republican voters more credit than those voters deserve.

…

As I explained previously, those voters have argued at varying times that it’s improper to impeach and remove him from office over January 6 because the criminal courts would punish him; that it’s improper for the criminal courts to punish him because voters would punish him; and that it’s improper if voters punish him because in that case the election must have been “rigged.” That’s the accountability vacuum. Many critics of the new 14th Amendment challenge to Trump’s candidacy have added another facet to it, that it’s improper to use the Constitution itself to punish him because to do so would be “anti-democratic.”

Nick Catoggio

I don’t know if Nick’s a great sinner and I’m a saint, but I’d like to think that SCOTUS doesn’t think that way, because it would mean, in practical effect, that the 14th Amendment Section 3 becomes unenforceable precisely when it’s needed — on the rationale that an electorate poised to elect an insurrectionist is capable of civil unrest at a level that trumps the law.

So walk on air against your better judgement

(Seamus Heaney)

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

The best of our few good options

I wish I were confident that the GOP will reject Donald Trump in favor of one of the candidates who is not only sane but willing to act sane. My emotional favorite is Chris Christie because he’s not afraid of Trump. By the time we reach the first primary, DeSantis is going to be in too deep to redeem his cojones from the pawn shop.

But the record of the GOP, from nominating Trump in 2016 to not even adopting a platform in 2020 (tacit message: whatever our Orange Master wants today is what we “stand for”), the GOP has shown itself overwhelmingly worthless. I was well rid of it eighteen years ago.

In hindsight, … Republican inaction after Jan. 6 boggles the mind. Rather than remove Trump from American politics by convicting him in the Senate after his second impeachment, Republicans punted their responsibilities to the American legal system. As Mitch McConnell said when he voted to acquit Trump, “We have a criminal justice system in this country.” Yet not even a successful prosecution and felony conviction — on any of the charges against him, in any of the multiple venues — can disqualify Trump from serving as president. Because of G.O.P. cowardice, our nation is genuinely facing the possibility of a president’s taking the oath of office while also appealing one or more substantial prison sentences.

…

Trump and his allies are already advertising their plans for revenge. But if past practice is any guide, Trump and his allies will abuse our nation whether we hold him accountable or not. The abuse is the constant reality of Trump and the movement he leads. Accountability is the variable — dependent on the courage and will of key American leaders — and only accountability has any real hope of stopping the abuse.

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

David French, Appeasing Donald Trump Won’t Work (emphasis added).

But there’s a big development in the past few days that may move the question out of normal politics.

The long of it is a long and meticulously-argued law review article (PDF download of pre-print), from two Federalist Society member legal scholars, that Section 3 of the 14th Amendment bars Trump from the Presidency just is would his being 30 years old or not being native-born. (I studied Constitutional Law under Will Baude’s father, but I digress. I got the top grade in the class, but I digress again.)

The short of it is that there’s a simple way of testing the theory: I’m looking forward, insofar as I rank our few good options, to a Secretary of State refusing to put Donald J. Trump on a primary ballot in some state because of his constitutional disqualification. That will start the wheels of justice rapidly turning as Trump challenges his exclusion. The authors of the law review article have already done the Secretary of State’s research and the best counter-argument I’ve seen so far is “the Supreme Court wouldn’t dare!”

[UPDATE: On second thought, the best counter-argument I’ve seen so far is “by broadly construing the disqualifying insurrectionary behavior, we’re opening a Pandora’s box of tit-for-tat ballot exclusions.”]

It’s hard to imagine that some blue state Secretary of State won’t do it, even though Biden might prefer Round 2 with Trump. Ambition is a powerful motivator, and an elected Secretary of State has abundant ambition.

Alternately, some MAGA-wannabe Secretary of State lets him on the ballot and, say, Chris Christie challenges it on the basis of Section 3. It’s about as long as it is wide; that gets the issue before the courts, too.

I also hope Trump’s disqualification comes up in the debate Wednesday.

If you’re thinking “How dare you cheer denying the people their choice!”, my answer is that the very purpose of some parts of the constitution is to deny the people some choices. Section 3 of the 14th Amendment, for instance, had in its initial cross-hairs the possibility of former confederate states electing insurrectionists to office, and it slammed that door shut tight:

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

That very door now bars insurrectionist Trump.

Q.E.D. And may God have mercy on our wretched souls.

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

R.R. Reno

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

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

Friday, 7/28/23

Legalia

Oh what a tangled web we weave

A federal judge in D.C. vacated the 2017 desertion conviction and dishonorable discharge of former Army Sergeant Bowe Bergdahl, who walked off of a base in Afghanistan in 2009. He was captured by the Taliban and held for five years before being freed in a prisoner exchange in 2014. The judge argued Bergdahl did not receive a fair trial because the [military] judge in the case failed to disclose he was concurrently applying for a job in former President Donald Trump’s Justice Department—Trump had called Bergdahl a traitor and suggested he should be executed. Bergdahl may now face a second trial before a different judge.

(TMD) What you think of Bergdahl shouldn’t blind you to the sleaziness of what the military judge did.

Political persecution

From the department of “Damned-if-you do, Damned-if-you-don’t,” a thought on Donald Trump’s legal difficulties:

  • If they prosecute him, “they’re politically persecuting him.”
  • If they don’t prosecute him, they’ve “got nothing on him.”

Heads Trump wins, tails Trump wins.

Such is my former party. Brain dead is the benign explanation; cynical is the likelier (and culpable) explanation.

Well, they’ve got something on him, so let the “persecution” continue.

Not a rubber stamp, but a punching bag

Just as Hunter Biden was on the verge of signing a very nice plea deal to settle up tax and gun charges, Judge Maryellen Noreika mucked it all up. “I cannot accept the plea agreement today,” said Judge Noreika, who is definitely getting audited this year and who should be very careful about going 0.5 miles above the speed limit from now on.

Nellie Bowles, TGIF

What could possibly go wrong?

The IRS announced Monday that it would stop making most unannounced, in-person visits to taxpayers—a practice that has long been one of the agency’s key tools to collect unpaid taxes—citing security concerns and taxpayer confusion as scam artists imitated the tactic. The change is part of a 10-year modernization plan focused on cracking down on tax evasion and improving customer service.

TMD

Culture

SAT levels the field

Shocking new study—the SAT is a progressive tool: There are a lot of good liberals who genuinely believe that the SAT is racist, but that teacher recommendation letters and extracurriculars aren’t. My friends: Please think about a teacher at a small private school versus one at a big public school. Who has more time to get to know a kid? Think about extracurriculars: what happens to the kid who needs to work at a deli and can’t launch a nonprofit in Gambia? The SAT is the least racist thing we have. The SAT is the closest to equity in admissions we can ever hope to achieve. Now we have stats from a new study out of Harvard and Brown showing how the ultra-rich can get a huge boost from everything except. . . the SAT.

Nellie Bowles, TGIF

Soon to be a hateful myth

Meantime, in the U.S., Democrats in Texas and Louisiana voted this week in favor of age restrictions on hormones and gender surgeries, explicitly breaking with the party. Shawn Thierry, a Democrat in Texas, said: “I have made a decision to place the safety and well-being of all young people over the comfort of political expediency.” Let’s not get ahead out ourselves—in Oregon, doctors can treat gender dysphoric adolescents 15 years or older without parental permission or even notification. But I’m pretty sure we’re seeing a shift here. I agree with Jesse Singal that pediatric transitions will very soon be memory-holed as a thing that Absolutely Never Happened.

Nellie Bowles, TGIF

Budapest, the putative hell-hole

In the two years I’ve lived in Hungary, I have seen many Americans and Western Europeans come to Budapest for the first time, visibly anxious about what they’ll find, as they only know the city and the country from their media, which routinely denounce the Orban government as ‘authoritarian’ and, yes, ‘far-right.’ It only takes a few days for them to realize that they have been lied to, and that Viktor Orbán is the kind of reasonable, effective conservative that most Americans on the Right hope for when they vote Republican, but rarely get.

As I tell Americans headed over, “Budapest feels like a major midwestern American city, circa 1998.” If Clinton-era Omaha, but with better architecture and food, is your idea of Nazitown, maybe the problem is you.

Rod Dreher in European Conservative.

People who matter

[Marty Peretz] writes honestly about the core fight around publishing a symposium on The Bell Curve:

Leon said: Publish a review of the book but don’t run the piece itself. We don’t run Marxists here; we shouldn’t run Social Darwinists. Andrew said: Our readers read Marxists and Marxist derivatives already. If we don’t run Murray they’ll never read him at all — and Murray is a person who matters.

I was speaking about my own ignorance as well: reading the draft of the book was the first time I’d ever even heard there were racial differences in the distribution of mean IQ. That forbidden knowledge — uncontested, uncontestable — was something we needed and need to know. Because it was and is real. That’s all. Why it was real and how to fix it were open questions. And the ongoing debates over the fraught issue are still necessary, which is why the woke left wants to render them entirely taboo — along with countless of their other stagnant little orthodoxies. Our job as writers, I believed, was to open up debate with epistemic humility, courage and precision; it was not to shut it down in a flurry of virtue-signaling.

Andrew Sullivan

I have always rebelled against taboos based on the idea that bad people will make bad uses of what appears to be truly true.

Living by faith

The irony is that we all—secular or religious people alike—make our biggest life-shaping decisions on faith. Life is too short to learn what you need to know to live well.

Frank Schaeffer, Crazy for God

The DEI Racket

Jesse Singal notes the reported abandonment of DEI programs in corporate America, and recounts the sad story of a school principal absurdly called racist and white supremacist during prolonged DEI training, and who eventually took his own life

[M]any contemporary DEI trainings “often seem geared more toward sparking a revolutionary reunderstanding of race relations than solving organizations’ specific problems.” There’s an intense, confrontational element to some of them … DiAngelo’s approach leans very heavily on the idea of calling out white employees, in front of their colleagues, for their alleged racial sins …

…

My argument, then and now, is that these sorts of DEI interventions are, very obviously, psychological interventions. What else do you call something that is designed to change the way people think and act? And if they’re psychological interventions, of course they should be subjected to certain standards; perhaps first and foremost, their advocates should be able to assure institutional decision-makers that whatever else they do or don’t accomplish, they won’t cause harm.

But we don’t have that data, because almost none of these programs are formally, rigorously evaluated. I may sound like I’m beating a dead horse here, and I understand that at a certain point I come across as a nerd, but until you have evidence a program works, you don’t have any evidence a program works. It doesn’t matter how glossy the brochure or how impressive the website is. I understand that CEOs were desperate to do something to respond to societal and employee demand in the wake of George Floyd’s murder. But this is a rather undercooked industry, and until it adopts better standards, it will be hard to shed all that many tears over its contraction.

I couldn’t help but think of Orwell’s Animal Farm when I read A Cruel Summer at Cornell, about a Telluride Association Summer Program that seemed to be, if tacitly, about the eventuality of DEI as currently treated.

Conspiracy theories

Conspiracy theorists have got at least two things right: that the truth can differ dramatically from what we’re officially told, and that it is usually unpleasant. There aren’t many conspiracy fantasists who claim that the world is run by a benevolent secret society which will one day deposit a fortune in all our bank accounts.

Terry Eagleton

Trigger warnings run amok

We may laugh at the university that appended a trigger warning to Ernest Hemingway’s The Old Man and the Sea, informing students that it contains scenes of “graphic fishing” ….

Andrew Doyle, Our culture war is not a distraction.

Indeed we may laugh.

Economics

Perverse economic incentives

The more the economy becomes a matter of the mere distribution of loot, the more inefficiency and unnecessary chains of command actually make sense, since these are the forms of organization best suited to soaking up as much of that loot as possible.

David Graeber, Bullshit Jobs

Efficiency versus humanity

Efficiency was the coldest metric for evaluating a merger. It reduced Americans into the stylized economic caricature known as the “consumer,” treating cheap goods as our highest and only aspiration. The new guidelines inject a bit of humanity back into the calculus. And they suggest that the ultimate question for government shouldn’t be whether something is efficient, but whether it’s right.

Franklin Foer, Biden Declares War on the Cult of Efficiency

I hope I’m not being sold a bill of goods, but if the new Biden antitrust guidelines are as Foer represents them, I approve — and that puts me at odds with The Thing That Used To Be Conservatism.

Politics

Isolationist fascism

Trump differed sharply from the European fascists of the interwar period.

They were ardent militarists and imperialists. War was the crucible in which the new fascist man was to be forged; territorial expansion was both the means and the end of fascist power and triumph. Trump has shown little ambition to pursue such aims.

…

Unlike previous fascist leaders with their cult of war, Trump still offers appeasement to dictators abroad, but he now promises something much closer to dictatorship at home. For me, what Trump is offering for his second presidency will meet the threshold, and the label I’d choose to describe it would be “isolationist fascism.” Until now, such a concept would have been an oxymoron, a historical phenomenon without precedent. Trump continues to break every mold.

Christopher R. Browning, How Trumpism Differs From Fascism

Poverty and hatred

Government has tools to fight Black poverty. It does not have tools to fight white hatred. Not in any real way. Poverty lives in the world. Hatred lives in the head.

Freddie DeBoer

A position that melts on closer inspection

Well, I think . . . they have nothing to do with being president of the United States. The 10th Amendment is very clear about what the federal government’s role is, and what’s not specifically for the federal government, that limited number of things is designated to the states or to the people. I mean, it’s a one-sentence amendment in the Constitution that I believe is basically overstepped all the time, all the time, all the time.

And I’ve seen it as, again, small business. medium business, governor, I’ve seen the federal overreach. So Dobbs? Support Dobbs—leave it up to the states. I was a candidate for not even 12 hours and the first question on CNN was how do you feel about signing a federal abortion amendment? I said I wouldn’t sign it. . . . We said, it’s up to the states, the states have to decide ….

North Dakota Governor and Presidential Candidate Doug Burgum.

I respect Burgum for saying that. For decades, I said that reversal of Roe v. Wade would return the issue to the states. Abortion has never really been a national issue (even if Roe pretended permissive abortion was enshrined in the constitution).

Granted that a federal abortion amendment would by definition make abortion a national issue, and granted that the Right to Life movement has wanted a Human Life Amendment for decades and decades, I’m unsure that the precedent of shifting the federal/state balance is one I can support.

Once upon a time, I called myself a single-issue pro-life voter. But then the GOP started running idiots who had nothing but a supposed pro-life stance to commend them — and often they betrayed in talking about it that they didn’t really get the issues. That put an end to my true single-issue voting. Now, promising a Human Life Amendment will not get me to vote for someone who otherwise is a toxic jack- or jenny-ass, like a Matt Gaetz or a Marjorie Taylor Greene.

The incredible shrinking candidate

There was a time, not that long ago, when I thought I might be able to get behind Florida Governor Ron DeSantis in his bid for the Presidency.

Ron DeSantis, Florida’s governor, ordered state officials to probe whether AB InBev, Bud Light’s parent company, breached its responsibility to shareholders by hiring a transgender social-media influencer. The partnership with Dylan Mulvaney fuelled a boycott by conservatives; AB InBev has shed about a tenth of its stockmarket value since April. Mr DeSantis has also picked fights with Disney for its “wokery”.

The Economist Daily Briefing.

I am not amused by DeSantis on this. I was amused, though, by this: The Real Mystery of Bud Light: How did it become so popular in the first place?

More trolling by Shrinking Man:

DeSantis suggests he could pick RFK Jr. to lead the FDA or CDC – POLITICO

And then there’s the mortifying mistake of the campaign video that ended with a Nazi symbol.

Nick Cattogio:

In 2022 DeSantis signed the Stop W.O.K.E. Act, a response to the panic on the right over critical race theory. Of course he did: For all the hype about the governor’s post-liberal “vision” for America, his legislative priorities are highly reactive to whatever the populist hobby horse du jour happens to be. It’s an endless game of fetch with Very Online MAGA activists tossing the ball and Ron DeSantis loyally bounding after it in whatever direction it happens to go.

(Emphasis added)

Government’s Covid response

I seem to be seeing articles every day that assume the absurdity of the government response to Covid.

This is a debate (if there be a debate) that I’m not going to enter or even to watch closely, for a couple of reasons:

  • I gladly isolated to a fairly great extent because I’m an introvert.
  • I painlessly isolated to a fairly great extent because I am (and was then) retired and financially comfortable.
  • I prudently isolated to a fairly great extent because I am obese and over age 70 — a demographic that everyone agrees would have been counseled to isolate even by epidemiological dissenters from Dr. Fauci’s approach.

What I will say was that we collectively were surprisingly uninterested in the fate of those mostly low-paid essential workers who had to show up in meatspace, thereby exposing themselves to (supposedly) mortal danger. Did the powers that be really believe they were all in mortal danger? Let’s not forget them.

For want of a Christian conservative, vote secular populist?

I used to say “If you don’t like The Religious Right, just wait ‘till you see the Irreligious Right.”

So how are you disliking it?

Snark aside, this review makes me want to buy yet another book I may not live long enough to read: Tobias Kremer, The Godless Crusade: Religion, Populism, and Right-Wing Identity Politics in the West. How this cashes out in the US, sadly, is that many religious voters are likely to vote for secular populist candidates again for lack of a more attractive alternative.

But there is a more attractive alternative! You just have to reject the idea that one of the two major parties must get your vote and that “anything else is wasted.”

That’s especially easy to do if your state is deep red or deep blue, as you can relax (knowing your vote won’t sway any race) and vote your conscience (not voting for a “lesser evil”) as a signal to the major parties that America is tired of shit sandwiches on the menu.

Dick Bionidi

Dick Bionidi has died. For a midwesterner of a certain age, he was a pretty big deal.

Anniversary

Tomorrow, Saturday July 29, 9:03 pm, is the 58th anniversary of my motorcycle accident. I was hurt memorably, but not grievously or maimingly (if that’s a word).

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

R.R. Reno

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

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

Friday, 5/12/23

Wordplay

(Let’s start with something pleasant.)

  • Murmur. An onomatopoeia that fascinates me because the Bible is chock-full of murmuring and murmurers.
  • Augur and inaugurate
  • Casserolades: concerts of banging pots and pans to signify political discontent. This seems to be a uniquely French thing. The demonstrators are called ‌casseroleurs.
  • Womb envy: [The envy that men may (or is it “allegedly”?) feel of the biological functions of the female. Contemporary womb-enviers are said to be prominent among those technicians making lavish claims of sentience for (misnamed) Artificial Intelligence. “It’s only natural that computer scientists long to create A.I. and realize a long-held dream.” (Jaron Lanier) (Side note: I guess it’s okay to recognize sexual dimorphism when the point it to belittle males.)
  • An ambient expectation of human subservience. The unarticulated requirement that humans do more and more common tasks in the manner required by digital designs. (Synthesized from the context of Jaron Lanier’s use of the term in There Is No A.I.)
  • A sensational scoop was tweeted last month by America’s National Public Radio: Elon Musk’s “massive space sex rocket” had exploded on launch. Alas, it turned out to be an automated mistranscription of SpaceX, the billionaire’s rocketry firm. (From the Economist, I believe.)

I’m glad a stuck around for Frank Bruni’s “For the Love of Sentences” after he commented on CNN’s Town Hall featuring DJT. Some gems through Bruni:

  • One peculiarity of European aristocrats is that their names pile up, like snowdrifts … It’s lunchtime in Tirana, the capital of Albania, and I am about to meet Leka Anwar Zog Reza Baudouin Msiziwe Zogu, crown prince of the Albanians. (Helen Lewis)
  • The red velvet robes trimmed in ermine, the five-pound crown, the gold robes on top of gold robes dragging over gold carpets — the regalia often made it feel like a Versace fashion show staged in an assisted-living facility. (Rachel Tashjian)
  • Watching a coronation is the constitutional equivalent of visiting a zoo, and finding a Triceratops in one of the enclosures. (Tom Holland)

Not Trump

(We now inch toward truly unpleasant truths, albeit colorfully expressed.)

The source of aesthetics, ethics (and folly)

We favor the visible, the embedded, the personal, the narrated, and the tangible; we scorn the abstract. Everything good (aesthetics, ethics) and wrong (Fooled by Randomness) with us seems to flow from it.

Nassim Nicholas Taleb’s “core generator” of insights.

Garrison Keillor, scab?

I salute the Hollywood writers who went out on strike this past week but I can tell you that we essayists won’t be joining them. For one thing, the essay is deeply imbedded in our nation’s very identity (U.S.A.) but for another thing, a national essay strike would be like a National Husbands Day of Silence, most wives wouldn’t care and many wouldn’t notice.

Why I am not joining the strike | Garrison Keillor

Hell will be paid

The transgender movement now wields tremendous power, and many children are being transitioned long before they reach their teen years. They are being put on puberty blockers and going under the knife before they are old enough to vote, drink, or drive. Many will wake up one day and realize that their ability to conceive children and experience sexual pleasure was destroyed by the adult ideologues that they trusted.

Jonathon Van Maren, Life After Detransition.

I’d look forward to the malpractice judgments against the ideologues and profiteers were it not that every such judgment is inadequate redress for the kinds of harm they cause.

Professional Human Losers

I have a cyber-acquaintance (I was well aware of him even before cyberspace, though), Alan Jacobs, who’s something of a Christian Public Intellectual — a dying breed as he noted in a Harpers article a few years back. One of Jacobs’ muses in turn is Austin Kleon, whose postings he frequently shares, and at which I frequently yawn. That probably means I’m a shallow person — or that my brain and Jacobs feed on different things.

But this one caught my fancy as it catches our moment. I’ll just say it involves, and riffs off, Jeopardy Champ (now host) Ken Jennings losing to a supercomputer.

It’s short enough that I won’t risk, by quoting an excerpt, omitting something that might edify you, whose brain may also feed on different things than mine.

Analogy?

Mortician Bonasera/Don Corleone = Harlan Crow/Clarence Thomas
True or False?

If you answered “true”, you get an A+ from Brooke Harrington.

Because the publisher is the Atlantic (and the author isn’t Adam Serwer) the article is less than 100% meritless. But Harrington gives away her guttersnipe game when (a) she views any conservative justice’s friends as suspect and (b) she reports no similar friendships of liberal justices.

But wait! There’s more!

African Americans, migrants, and the children of migrants tend to reject anti-intellectual politics, and still see the educational system as the most likely means of social advancement for their children. This makes it easier for poor whites to see them as unfairly in alliance with rich white liberals.

David Graeber, Bullshit Jobs

Easier, yes, but the captivity of these groups to the Democratic party is independent evidence of alignment with rich white liberals.

Fomenting stochastic violence

(Getting closer to the nasties …)

The law in its majesty neutrality has decided that people on both the Left and the Right can spout incendiary lies so long as the threat of violent response is not imminent. But I think the coinage “stochastic violence” or “stochastic terrorism” is nevertheless useful, and that “random” violence is sometimes (often?) rooted in lying rhetoric (and, as in the case of the January 6 insurrection, calling it “random” is a cop-out).

Setting the stage, deploring the actors

But who, sir, makes the [slave] trader? Who is most to blame? The enlightened, cultivated, intelligent man, who supports the system of which the trader is the inevitable result, or the poor trader himself? You make the public statement that calls for his trade, that debauches and depraves him, till he feels no shame in it; and in what are you better than he?

Harriett Beecher Stowe, Uncle Tom’s Cabin

Slavery aside, we still do this: we escalate our rhetoric and then damn the actual perpetrators of such stochastic terrorism as our rhetoric invited.

Or maybe, if we’re shameless enough, we’ll call the terrorism a …

Patriot Purge

Yeah! That’s the ticket!

If you infuse an issue or set of issues with religious intensity but drain a movement of religious virtue, then profound religious conflict — including violent conflict — is the inevitable result. Indeed, we saw religious violence on full display when a mob stormed the Capitol on Jan. 6, 2021, and it is no coincidence that one of Carlson’s most mendacious projects was his effort to recast the Jan. 6 insurrection and its aftermath as a “patriot purge.”

Maybe I should leave it at that, but the author has more:

The more the Christian right latches on to cruel men, the more difficult it becomes to argue that the cruelty is a bug, not a feature …

Many Christians fear that kindness doesn’t “work,” so they discard it. This is how even decency itself becomes a “secondary value.” Aggression, not virtue, becomes the touchstone of political engagement, and anything other than aggression is seen as a sign of weakness.

Both quotes from David French, Tucker Carlson’s Dark and Malign Influence Over the Christian Right

As someone who cannot remember ever watching Tucker Carlson’s segment in its entirety (who hasn’t encountered clips of him?), I can’t speak of his “cruelty” or “aggression” except to say that they were nowhere near my top-line impressions. Maybe that showed up when he singled out some random click-baity schmuck for ridicule?

Trump’s court loss

(Sigh! It’s time.)

We’ll all go down together

The first rule of the modern Republican Party, it’s said, is “You can’t criticize Trump.” But that’s not correct.

The actual rule is “You can’t take sides with the left against Trump.” It just so happens that every moral objection to Trump’s character and fitness is now “coded” as leftist …

In 2023, the question of Trump’s character has become a litmus test of right-wing authenticity. To deem him unfit for office is necessarily to have been corrupted by left-wing propaganda, even if the “propaganda” in question is Trump being accused of sexual misconduct by 20+ women and then being held liable for sexual abuse in court.

This explains why so many conservatives, elected and otherwise, resorted to grumbling about the “New York jury” after yesterday’s verdict. If the jurors were a bunch of partisan blue-state hacks, as their critics insinuate, it’s passing strange that they ended up finding Trump not liable on [raping] her. But since holding him accountable for any moral failing is behavior that’s now associated exclusively with Democrats, the belief on the right that the verdict could only have been tainted by politics will be inescapable.

That dynamic conveniently makes it impossible for Trump’s fitness for office to be challenged legitimately by someone on his own side, as challenging him on those grounds means you’re not on his side at all.

Reporter Benjy Sarlin captured the absurdity when he tweeted, “It’s hard to sum up the 2024 situation more succinctly than this: Trump is already calling DeSantis a groomer based 100% on innuendo with 0 penalty; and DeSantis cannot respond by citing an actual jury finding of sexual abuse.” It’s ludicrous. But it’s also completely rational for DeSantis and the rest of the field under the circumstances to overlook the Carroll trial, since to mention it would be to take sides with the left against Trump. And that would disqualify them, not him.

Nick Cattogio, Mostly Peaceful Sexual Abuse.

It is humiliating to live in a nation-state where Donald Trump could win the Presidential election not just once, but twice. But here is where my wife, friends, family and Church are, so I’ll stay and we’ll all go down together.

I’m quite confident that we’ll go down, but what do I know? I’m not a self-appointed “Apostle” or “Prophet” with power to declare that Donald Trump, right now, is our dulytruly-elected President.

Law or Donald Trump? Pick one.

[W]e watched as even Trump-nominated judges ruled time and again against Trump’s election challenges, yet a majority of Republicans still do not believe that Joe Biden legitimately won enough votes to carry the 2020 election. When the choice is between the law and the evidence or Donald Trump, Republicans have consistently picked Trump.

But is sexual abuse different? Can an actual jury verdict — after a trial featuring all the due process that American law requires — finally break the bond with Trump?

Here is the darkest possible outcome to the case, one that I fear is more likely than not. The Republican public will either shrug at the result or will simply choose to disbelieve the jury, assuming without evidence that it was biased against Trump. Indeed, when asked about the verdict, Senator Marco Rubio told a Bulwark reporter, “That jury’s a joke.” Senator Lindsey Graham said he questioned “the whole process” and told Punchbowl News, “I think you could convict Donald Trump of kidnapping Lindbergh’s baby.”

But would a jury so hopelessly biased against Trump jury reject Carroll’s rape claim? Or is that an indication that the jury actually weighed the evidence supporting each charge?

David French

More Trump derangement

It’s deja vu all over again

Back when Trump first burst on the scene in the summer and fall of 2015, conservative pundits assured us the Republican electorate would reject him and opt for someone/anyone else. That turned out to be wrong—yet here we are nearly eight years later and often the very same people now assure us the Republican electorate would be rejecting Trump and embracing DeSantis if only the media weren’t playing dirty.

I don’t buy it.

Hey, I get it: Being wrong’s a bitch. Yet error can still be worthwhile if it serves as an opportunity to learn and course-correct. Right-leaning writers recognized this when they made the point against Democrats who spent the better part of the Trump administration blaming Vladimir Putin, James Comey, the New York Times, CNN—really anyone but themselves—for Clinton’s loss. But now these same conservatives refuse to subject themselves to the same degree of scrutiny and soul-searching.

Which means they are depriving themselves of the chance to adjust their thinking in the light of a bracing and crucially important truth about the Republican Party: That when given the choice between a know-nothing narcissist and moral cretin who embodies their resentments and channels their anger and hatred but accomplishes little and a candidate who’s spent years proving himself a vastly more competent, woke-slaying enemy of liberalism, the voters still prefer the first guy.

Decrying the fact doesn’t make it any less true.

Damon Linker

Bad Omen

I never did much criminal law, but this strikes me as a bad omen if your name is Donald Trump:

A Friday court filing revealed that at least eight of the 16 false Georgia electors who planned to declare former President Donald Trump the winner of their state’s 2020 presidential contest have accepted immunity deals in Fulton County District Attorney Fani Willis’ investigation of attempts to overturn the 2020 election. The brief filed by the electors’ defense attorney shows the electors will be immune from prosecution if they testify truthfully in the probe.

The Morning Dispatch for May 8

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

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

Wednesday, 8/24/22

Are all the laws but one to go unexecuted, and the Government itself go to pieces …?

On January 6, 2021, from a parking garage under the Capitol Visitor Center, then–Vice President Mike Pence ordered the military to defend the Capitol against a violent insurrection. According to a taped deposition of General Mark Milley, the chairman of the Joint Chiefs of Staff, Pence “issued very explicit, very direct, unambiguous orders” to him and Secretary of Defense Christopher Miller: “Get the military down here. Get the Guard here. Put down this situation.”

…

In ordinary circumstances, Pence’s actions would be unconstitutional. Indeed, a vice president who usurped the president’s constitutional authority, and the Cabinet and military officers who followed his orders, could be committing an impeachable offense. …

…

Jefferson also insisted, the officer who exercises emergency power must justify his actions to “his fellow citizens generally.” For Jefferson, “the good officer” must throw “himself on the justice of his country and the rectitude of his motives.”

From his title (Mike Pence Owes the Country an Explanation) and the first paragraph, I easily figured out where George Thomas was headed and why: he wants Pence to say he perceived an emergency if only because Donald Trump was failing to put down the rump insurrection.

What I didn’t expect was that he would bring Jefferson and Lincoln into it and would persuade me of his case — and by inference to repent of my former judgment on Lincoln for his ultra vires acts.

Yup, the world is messy sometimes. This once was one of my favorite quotes, in part because it challenged my purity fetish:

Purity … is not the one thing needful; and it is better that a life should contract many a dirt-mark, than forfeit usefulness in its efforts to remain unspotted.

William James, Varieties of Religious Experience Lectures 14 and 15, via here.

Sorting out a jumble

[W]e have no ideal path forward. We’re damned if Attorney General Merrick Garland goes forward with a Trump prosecution and damned if Garland holds off. But the latter path should nonetheless be treated as a viable Plan B because it permits the Democrats to continue beating Trump in the political arena by the widest possible margin. That involves all kinds of risks as well, but it’s less risky than the legal option.

Damon Linker, summarizing the case against prosecution that he’s been trying to make.

More:

  • To use the full powers of federal law enforcement during a Democratic administration to indict, try, convict, and punish this man would drive large numbers of Republicans even further into Trump’s arms …
  • The goal should be his political defeat—turning him into a loser in the court of public opinion—not using an extra-political workaround to try and exile him from political competition. If you think making Hitler and Chamberlain analogies clarifies these issues, good for you. I think it’s pretty idiotic.
  • For the sake of argument, I’ve been happy to concede the point and assume Trump is guilty of … something. But is it true? [] After reading a highly illuminating exchange between widely respected legal scholar Jack Goldsmith and journalist Josh Marshall, I’m honestly not sure.
  • Could it be that all of the sound and fury I’ve seen online from the left about the imperative of punishing Trump’s self-evident criminality is based on nothing more than a feeling, a conviction, a moral certainty that he simply must be guilty of something? If so, that would be a further sign that loathing for the former president is a fundamentally political impulse, not a legal one.

Maybe I’ll take a position on “prosecute or nolle prosequi” when someone convincingly shows that Trump committed an actual crime, and that prosecution will be a slam-dunk. Considering the proportion of Trumpists in the land, I’m not sure you’ll ever impanel a jury without one or with one that will vote to convict.

Why colleges are failing

The present model of colleges and universities is failing, for in the first place they have forgotten or even turned against their original mission; in the second, they have picked up a whole lot of unrelated sidelines, none of which they do very well, such as universal job certification; and in the third, the public is beginning to catch on that they cost far too much, and that other institutions can usually do each of these sidelines better.  Barring root and branch reform – for which we must never give up hope — it’s entirely possible that in the not-so-distant future, serious humanities teaching will have to migrate to other settings than colleges and universities.

J Budziszewski

Detritus

In a nutshell

Democracy disconnected from liberalism will not protect diversity, because majorities will use their power to repress minorities.

Francis Fukuyama, Liberalism and Its Discontents

Be careful what you ask for …

History is a prankster. You order a Gray Champion, and cosmic room service sends up a casino developer and New York real estate mogul with a laughable hairdo…

James Howard Kunstler, Living in the Long Emergency

How low can we go?

Hillary Clinton versus Donald Trump seemed like some kind of nadir, but the Florida panhandle is showing that we can go even lower: Matt Gaetz versus Rebekah Jones

Institutions trumping instinct

But it is in fact individualism and not sociability that developed over the course of human history. That individualism seems today like a solid core of our economic and political behavior is only because we have developed institutions that override our more naturally communal instincts.

Francis Fukuyama, The Origins of Political Order

One thing leads to another …

I was good at menial jobs like parking cars but went into radio because it was Minnesota and vacuum tubes give off heat. It was public radio where all the announcers sound like Methodist ministers except not as friendly and there is no Jesus, and I distinguished myself by telling jokes and stem-winding stories about a small town. People liked it; go figure.

Garrison Keillor

American exceptionalism plus

It’s American exceptionalism but goes beyond that. It says that we are the next version of Israel from the Old Testament, that we are God’s chosen nation, and that is a special covenant — a two-way agreement with God. We can’t break it, and if we do, what happened to Israel will happen to us: We will be overrun by whatever the next Babylon is, taken into captivity, and He will remove His blessing from us.

Zack Stanton, It’s Time to Talk About Violent Christian Extremism – POLITICO

Maybe a bit harsh

I would rather have gonorrhea than a record of passionate and convinced #MAGA tweeting.

Graeme Wood, What to Do With Trumpists – The Atlantic.

Maybe a bit harsh, but then it’s dated 1/19/21, the day before Joe Biden officially became President despite Trump’s lawless efforts to retain the Presidency.

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

Jonathan Rauch, The Constitution of Knowledge

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

Saturday, 8/13/22

Ya gotta work with what ya got

I once had a law partner who many considered gorgeous and who certainly presented herself well. One day, haggling outside a divorce courtoom with a lawyer who was particularly good at getting under opposing counsel’s skin, he told her he might as well give in, because she would get it anyway by [description of sexy behavior before the male judge omitted]. “Ya gotta work with whatcha got, Lou,” she shot back.

Just so in politics, too:

[Ron] DeSantis’s action-figure approach to his role as governor of Florida is in part about the fact that [Ted] Cruz, [Josh] Hawley and others don’t have the executive authority that he does and can’t make things happen as unilaterally or as quickly. They’re would-be MAGA superheroes bereft of their red capes.

…

Cruz and Hawley were such hams during the confirmation hearings for Justice Ketanji Brown Jackson because, as members of the Senate Judiciary Committee, they had a stage that DeSantis, Pence, Pompeo and others didn’t. Might as well pig out on the opportunity.

Frank Bruni, Josh Hawley’s manhood, Mike Pompeo’s midriff and other 2024 teases. Bruni has takes on Nikki Haley, Mike Pence and Mike Pompeo, too.

Nellie’s Nuggets

  • Good progressives in England have removed Colson Whitehead’s “The Underground Railroad” from university reading lists. The book won the Pulitzer Prize for Fiction in 2017, which doesn’t say that much necessarily but I add my vote that it’s phenomenal. Why remove it? It has graphic depictions of slavery. Those depictions might upset people. It’s unclear how people are supposed to learn about something terrible like slavery without being upset, but perhaps Mr. Whitehead should consider a gentler sort of Goodnight Moon rendition for the delicate souls in ivory towers.
  • In Sunni v. Shiite violence, which one is the white supremacist? When four Muslim men were murdered in Albuquerque by an alleged serial killer who drove a dark grey sedan, everyone assumed the killer was some white supremacist. Biden came out to say: “My administration stands strongly with the Muslim community. … These hateful attacks have no place in America.” Turns out, the guy arrested and charged with so far two of the killings is a Sunni Muslim, and he may have been partly motivated by anger that his daughter married a Shiite Muslim. Yes, it’s true: Violence also exists outside of Western culture.
  • A lot of liberals basically won’t be happy until Trump is in Shawshank. [At least one conservative, too. (Tipsy)]

Nellie Bowles

Nellie, herself well and truly pregnant, notes this, too:

An abortion case: A hideous story in Nebraska became national news this week as an ominous sign about “post-Roe America.” Here’s what happened: a 17-year-old took pills to induce a a miscarriage, and she planned it in part on Facebook Messenger with her mom. The abortion was exposed in part after Facebook’s parent company handed over her chat history. This is the thing we are supposed to be upset about.

Maybe it’s just me, but it seems the real outrage here is that the aborted baby was around 23 weeks old and, with modern medicine, could have a 55% chance of survival. (Nebraska outlaws abortions after 20 weeks unless there is danger to the mother’s life). This family allegedly induced an abortion on a viable baby, attempted to burn the body to get rid of evidence, and then buried it. I’m not sure this is the abortion privacy case to hinge the movement on right now.

All Things Trump

Trump’s effective schtick

Why is Donald Trump so powerful? How did he come to dominate one of the two major parties and get himself elected president? Is it his hair? His waistline? No, it’s his narratives. Trump tells powerful stories that ring true to tens of millions of Americans.

The main one is that America is being ruined by corrupt coastal elites. According to this narrative, there is an interlocking network of highly educated Americans who make up what the Trumpians have come to call the Regime: Washington power players, liberal media, big foundations, elite universities, woke corporations. These people are corrupt, condescending and immoral and are looking out only for themselves. They are out to get Trump because Trump is the person who stands up to them. They are not only out to get Trump; they are out to get you.

This narrative has a core of truth to it. Highly educated metropolitan elites have become something of a self-enclosed Brahmin class. But the Trumpian propaganda turns what is an unfortunate social chasm into venomous conspiracy theory. It simply assumes, against a lot of evidence, that the leading institutions of society are inherently corrupt, malevolent and partisan and are acting in bad faith.

It simply assumes that the proof of people’s virtue is that they’re getting attacked by the Regime …

America absolutely needs to punish those who commit crimes. On the other hand, America absolutely needs to make sure that Trump does not get another term as president. What do we do if the former makes the latter more likely? I have no clue how to get out of this potential conflict between our legal and political realities.

David Brooks, Did the F.B.I. Just Re-Elect Donald Trump?

Messy, absurd, uncathartic

When I first heard about the FBI’s raid on Mar-A-Lago, I merely hoped that there was a very, very good reason for it, and that the feds found what they were looking for. Days later, none of us knows the answer to either of those questions.

Donald J. Trump knows, of course. But he won’t tell us — because appropriate official silence allows him to flood the zone with his own bullshit, gin up his fevered base, and burnish his case for returning to power as a triumphant victim of the Deep State (aka the rule of law). All I know is that he is a grotesque liar and will say anything if it wins him a few minutes of news-cycle attention.

… A few more rabid Twitter cycles and every minuscule facet of this story will be pored over, and, in all likelihood, the conclusion, if it ever emerges, will be what it has consistently been: messy, absurd, and without that cathartic “We got him!” moment every Resistance groupie has been dreaming of since 2016.

Andrew Sullivan, Don’t Take The Trump Bait

Be it remembered …

“As he rails against Weaponized Law Enforcement, it’s worth recalling Trump’s chants of ‘Lock Her Up!’” – Charlie Sykes.

The Search Warrant

We’ve now seen the warrant under which Mar a Lago (is that how it’s spelled?) was searched Monday. Having not practiced criminal law, I have no particular comment on it.

But the issuance and execution of the warrant tells us something we hadn’t known and that I missed until Josh Barro and Ken White mentioned it (paywall): the Merrick Garland Justice Department does have the political will to proceed with criminal charges against Donald Trump.

Prosecuting a former President of the United States (FPOTUS, as the warrant has it) is a big deal, and Trump has done his best to make it an even bigger deal. There were (and are) legitimate questions about whether the game is worth the candle. (See David Brooks, above.) But Merrick Garland, with or without (preferably the latter) input from the White House, certainly appears to have decided that it is.

Here’s why I’m glad he did: we can’t let a bunch of domestic terrorists dictate what the government may and may not do. That’s true of the 2020 summer mobs and it’s true of the Proud Boys, playing IRA to the Trumpified GOP’s Sinn Fein. An epidemic of death threats has flipped votes in Congress, and we can’t let that sort of thing go on and, emboldened by success, grow.

"The Frenchman works until he can play. The American works until he can’t play; and then thanks the devil, his master, that he is donkey enough to die in harness …." (G.K. Chesterton)

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

Monday collation

Politics

The Irreligious Right

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

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

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

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

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

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

Drain those brains

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

The Morning Dispatch.

Surely Rogin is right, right?

Justin Trudeau

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

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

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

Answer me this …

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

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

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

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

Damon Linker

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

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

Legalia

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

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

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

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

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

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

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

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

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

An open letter to SCOTUS Clerks

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

So who’s stupid now?

Man pleads guilty to felony charge in riot at US Capitol

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

Wire Service Reports (emphasis added)

Sexual fad du jour

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

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

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

Abortion

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

(Sorry I can’t give a link:

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

Guns

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

Wordplay

the rainforests of the ocean

The Economist’s poetic description of coral reefs.

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

Garrison Keillor

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

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

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

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

The impending reversal of Roe (and more)

On the impending reversal of Roe

Will Congress enshrine abortion in federal law?

Democrats are talking about using the nuclear option (abolishing the filibuster) to enshrine Roe into federal law over Republican objections. I’m not sure they’ll hold Joe Manchin either on abolishing the filibuster or on abortion if they do, but let’s set that aside.

If they succeed, I suspect the law will meet the fate of RFRA, the Religious Freedom Restoration Act: held unconstitutional as a restriction on states’ “police powers.”

A similar outcome on abortion would leave abortion enshrined on military bases, federal women’s uterus-havers prisons and some other federal domains, but at the very political high cost of turning the Senate into a more democratic and less deliberative institution.

What a contrast!

I made it a point to listen to a top liberal legal podcast on the leaked SCOTUS opinion.

As I suspected would be the case, these three law professors offered no substantive defense of Roe v. Wade or Planned Parenthood v. Casey. None. Because they’re too smart to think it’s defensible in any terms of conventional constitutional reasoning. It was all mockery (Justices Alito and Thomas, Thomas’s wife, etc.), F-bombs and other vulgarities, unintelligible in-group code, posturing and dark speculation about what other “rights” the conservative majority wants to destroy.

It heightens my appreciation for the excellence and sophistication of Advisory Opinions — where I learned, by the way, of the existence of the other legal podcast.

Delegitimizing the Court

Speculating on possible reasons for the leak:

[F]inally, to the extent that a leak like this has some delegitimizing effect no matter what, that might be an end unto itself: If the court is going to be conservative, then let it have no mystique whatsoever.

This last place is where most liberals will end up, I’m sure, should the draft ruling turn out to be the final one. But there is an irony here, of course, because a key implication of Alito’s draft — and of arguments marshaled for generations by Roe’s critics — is that treating the judiciary as the main arbiter of our gravest moral debates was always a mistake, one that could lead only to exactly the kind of delegitimization that we see before us now.

Regardless of whether the draft becomes the final decision, then, its leak has already vindicated one of its key premises: that trying to remove an issue like abortion from normal democratic politics was always likely to end very badly for the court.

Ross Douthat. I’m glad Douthat pointed that out. I hadn’t thought how the delegitimization of the court started 49 years ago with Roe.

Roll out the protest signs!

Meanwhile, Substacker Rhyd Wildermuth envisions the less-than-punchy woke protest signs that should, for woke consistency’s sake, be forthcoming:

  • Protect a pregnant uterus-haver’s right to choose
  • Trans-women, cis-men, and assigned-male-at-birth non-binary people should not be allowed to make decisions on what trans-men, assigned-female-at-birth non-binary people, and cis-women do with their bodies.

Everything else

Doom’n’gloom

[T]hough I will never condemn those ‘dead white men’, neither can I stand up and ‘defend the West’ in some uncomplicated fashion. The West is my home – but the West has also eaten my home. Should I stand up to save it from itself? How would that happen? What would I be fighting for?

…

The French esoteric philosopher René Guénon, who dedicated his life to studying the metaphysical decay of the West, called this the ‘crisis of the modern world’, and he saw it as an explicitly spiritual matter. In his 1945 book The Reign of Quantity and the Signs of the Times, Guénon, a French convert to Sufi Islam who lived much of his life in Egypt, argued that the modern West’s decisive turn away from the spiritual life towards the purely material realm had plunged us into an era he called the ‘Reign of Quantity’. He referred to this turn as ‘the modern deviation’, or sometimes ‘the Western deviation.’

Guénon believed that the world’s old religious traditions all contained the same ‘universal character’ and could lead towards the same truth. The modern West, however, had unilaterally turned away from the pursuit of any higher truth, and the result had been the Reign of Quantity, which was now overcoming the world at Western hands. ‘Western domination’, he wrote, ‘is itself no more than an expression of the “reign of quantity.”’

…

All of this brings us back to where we began – the culture wars of the age of hyperreality. Guénon concluded his dense and sometimes difficult study by suggesting that we are living in a ‘great parody’: an age of ‘inverted spirituality’ and ‘counter-tradition’ in which even institutions which claimed to be transmitting the spiritual traditions – most churches, for example – were shells of the real thing. To Guenon, this was a manifestation of an actual spiritual war. He agreed with St Paul that ‘we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world.’ Some dark spiritual force was inhabiting the shell of our culture, he said, and driving us ever downwards.

Paul Kingsnorth

How Not To Write An Obituary

Terry Cowan gives some overdue advice on writing an obituary. I hope it was as cathartic for him to write it as it was for me to read it, because (I predict, for no better reason than general pessimism about humanity) that it won’t change a thing.

Setting aside “soulmate” and “love-of-her/his-life,” this advice is my favorite:

Finally, do not try to preach your loved one into Heaven by way of their obituary. There is no need to go on and on about what a fine Christian Gloria Kay was, or expanding on how much she “loved the Lord.” Frankly, it is not as if the Office of Admissions in Heaven is keeping a file of clippings, and this obituary will be one more document in your favor. Just say “Gloria Kay was a faithful Christian, a member of fill-in-the-blank Church.” Also, go-slow on stating what your loved one will be doing in Heaven now. That is always just so much broad evangelical wishful thinking. It is important to remember that we are actually not in control here, and it may be presumptuous to assert that Homer is now face to face with his Lord and Savior Jesus Christ. When I see an obituary that says something like “Wilma adored her precious children and grandchildren but her greatest joy was telling others about Jesus,” well, that just describes the type of person you would duck down another aisle if you saw them across the way in the grocery store.

The only missing thing I can think of “earned his angel wings.”

Sen. J.D. Vance

In the Fall of 2016, I traveled from Indiana to St. Gregory Palamas Monastery in eastern Ohio for a brief personal retreat. Running low on gas, I pulled off the four-lane road and traveled a few miles to a small town gas station.

That small town almost certainly had more Trump signs than homes, with at least one sign in every yard and not a single Hillary Clinton sign.

I don’t think of myself as especially insular, but I was shocked.

Over almost six subsequent years since, I’ve begun (or perhaps more than begun) to understand why (for what reasons or interests other than perverse nihilism or lib-trolling) people like rural Ohioans voted for Trump. They’ve been passed over, and they’re not accepting the idea that they deserve it because they’re of less value than coastal Americans.

Fair point. Weighty, even.

I still detest Trump personally (for reasons I summarize as “toxic narcissism” because writing a Bill of Particulars could consume my whole remaining life), and I regret that a Republican populist must kiss his hind-parts and get his endorsement to win a primary.

So Tuesday’s Ohio primary victory of J.D. Vance Tuesday, after he finally got Trump’s endorsement, isn’t much of a surprise, nor will his victory in the Fall be a surprise.

I hope he can become his own man again after the abasement of his campaign. He’s a bright guy who could elevate the debate if he wants to.

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.