Many and various thoughts 1/15/22

Seeking to destroy the liberal framework

Republican Sen. Mike Rounds, on a network news show, responded to a question about January 6 thusly:

“As a part of our due diligence, we looked at over 60 different accusations made in multiple states,” Rounds said, noting that none of the irregularities brought to his attention would’ve changed the outcome in any state. “The election was fair, as fair as we have seen. We simply did not win the election, as Republicans, for the presidency.”

45 did not appreciate that:

Trump, who in a statement Monday morning accused Rounds of going “woke” on the “fraudulent” 2020 election. “Is he crazy or just stupid? The numbers are conclusive, and the fraudulent and irregular votes are massive,” Trump continued, lying. “Even though his election will not be coming up for 5 years, I will never endorse this jerk again.”

The Morning Dispatch

I could not comprehend how any sensible person, whatever his grievances against our traditional political elites, can think that this vengeful narcissist is a suitable Presidential candidate. But Damon Linker has now explained it:

By the time Trump burst on the scene in the summer of 2015, the traditionalist right had nearly given in to outright despair, even in public, with many moving into a purely defensive position. No longer hoping to reverse the direction of the culture, they now hoped they might merely receive modest federal protection from persecution at the hands of emboldened secular liberals.

At first Trump’s campaign didn’t inspire much cause for optimism among disaffected traditionalist conservatives. He was, after all, a personal paragon of moral decadence. Yet once Trump seized the GOP nomination, and then the presidency itself, a rethinking began among the most pessimistic conservatives. Might his unexpected triumph open other, more radical options for the future? Could his aggressive, unapologetic hostility to liberal norms and institutions signal an openness among American voters to a fundamental rethinking of ideological premises, cultural limits, and the range of political possibilities?

For a series of pessimistic conservatives — especially the "integralist" Catholics (Adrian Vermeule, Gladden Pappin, Patrick Deneen, Sohrab Ahmari, Chad Pecknold) and the philosophically anti-liberal and anti-progressive writers at the Claremont Institute and the American Greatness website — Trump came to represent a new way to achieve old ends. Instead of encouraging Republican presidents to struggle within a liberal framework against the inexorable drift of the country, including its government and its culture, toward the secular left, conservatives could cheer on a political and cultural demolition project that would seek to destroy the liberal framework itself.

"A political and cultural demolition project that would seek to destroy the liberal framework itself." That’s fancy-talk for what I feared was the motivation in 2016 — "To hell with it! Let’s tear it all down!" — which is notably nihilistic rather than conservative.

These traditionalist Christian "conservatives" might justify that as desperate measures for desperate times (responding to an existential threat, another Flight 93 Election, but one mark of conservatism has been sober recognition that bountiful crops don’t grow in the scorched earth of revolution.

What a difference a day makes

My Friday reaction

Stewart Rhodes, the founder and leader of the far-right Oath Keepers militia group, has been arrested and charged with seditious conspiracy in the attack on the U.S. Capitol, authorities said Thursday.

Ten other people also were charged with seditious conspiracy in connection with the attack on Jan. 6, 2021, when authorities said members of the extremist group came to Washington intent on stopping the certification of President Joe Biden’s victory.

AP Report.

That’s close enough to a domestic terrorism charge to satisfy my curiosity (and desire for retribution) about why nobody had been charged with terrorism in the January 6 whatever-you-want-to-call-it.

My Saturday course correction

We have an adversarial legal system because there are often two plausible sides to a case.

Did the Oath Keepers commit seditious conspiracy? I thought so, and so did a law prof. An ex-prosecutor, who has actually convicted seditious conspirators, says not so fast, pal.

I’m with the second now. And the reason why, in a nutshell, is that the President of the United States sent them off to "stop the steal" — ritually disavowing violence but almost assuring it by his inflammatory "fight like hell" and "stop the steal" rhetoric. To those foolish enough to believe Trump, the notion that if we don’t stop the steal, we won’t have America any more is a potent incitement to "any means necessary."

This all matters because unless the prosecutors have filed multiple counts, including counts that don’t require proving that the Oath Keepers consciously were trying to overrule a legitimate election rather than gullibly trying to stop the nonexistent steal, they could well be acquitted. Since they are dangerous fiends or fools who need to be out of circulation for a good long time, both for safety and to deter others, I don’t want that.

Go for the easy single, guys, not the home run.

No particular place to be

I can take a virtual tour of the Forbidden City in Beijing, or of the deepest underwater caverns, nearly as easily as I glance across the room. Every foreign wonder, hidden place, and obscure subculture is immediately available to my idle curiosity; they are lumped together into a uniform distancelessness that revolves around me. But where am I? There doesn’t seem to be any nonarbitrary basis on which I can draw a horizon around myself—a zone of relevance—by which I might take my bearings and get oriented. When the axis of closer-to-me and farther-from-me is collapsed, I can be anywhere, and find that I am rarely in any place in particular.

Matthew B. Crawford, The World Beyond Your Head

We’re all experts now

When Covid hit, we were knee-deep in spoofed phone numbers slamming our cellphones about fake car warranties. We were wading through emails trying to steal our identities. We were triangulating Yelp reviews and Consumer Reports summaries with testimonials and marketing research just to buy a new mattress or an air fryer. We were checking out our own purchases at the grocery store and waiting on hold to replace the credit card that got hacked for the umpteenth time. We were staring, bleary-eyed, into apps that promised less “friction” in our everyday lives if we would just consent to tracking — not that we had a clue as to what exactly we were consenting to. The tiny boxes to “sign up” are labeled “terms and conditions,” after all, and not “Here is how we are going to farm your personal data for profit.” And when we complained — to a manager, to a clerk, to our spouses, to the internet — someone was all too glad to tell us how we could have prevented all of this if we had just become an expert in everything.

It is no wonder that so many of us think that we can parse vaccine trial data, compare personal protective equipment, write school policy and call career scientists idiots on Facebook. We are know-it-alls because we are responsible for knowing everything. And God forbid we should not know something and get scammed. If that happens, it is definitely our fault.

Tressie McMillan Cottom, ‌We’re All ‘Experts’ Now. That’s Not a Good Thing.

I have friends who, based on doing their own research, skipped vaccine and treated with Ivermectin and Hydrochloroquine when they contracted Covid.

I have friends who, based on doing their own research, are convinced that the CDC is sluggish and wimpy and that it’s vitally important that we get vaccinated, boosted, and put on our N95 masks and quarantine until the end of January.

I value my friends, but having fallen for pseudoscience more than once in my long life, I’m trying to trust the CDC directionally, titrating with common sense. I’m 73, and I’m going to die of something some day. Meanwhile, I don’t want to live in irrational fear or with irrational exuberance.

Trafficking in racial animosities

There are strong incentives to provoke the left on race, and that provocation can often take the form of rhetoric that looks a lot like outright racism. Take, for example, this comment from Tucker Carlson regarding immigration and the alleged Democratic effort to “replace” the American electorate with immigrants:

I know that the left and all the gatekeepers on Twitter become literally hysterical if you use the term replacement, if you suggest that the Democratic Party is trying to replace the current electorate, the voters now casting ballots, with new people, more obedient voters, from the Third World. But, they become hysterical because that’s what’s happening, actually. Let’s just say it: That’s true.

Carlson says his comments have nothing to do with race—with the so-called Great Replacement theory (a white-supremacist theory that, in its current American incarnation, holds that Democrats—often led by Jews—are trying to replace white voters with nonwhite immigrants). “This is a voting-rights question,” says Carlson. “Every time they import a new voter, I become disenfranchised as a current voter,” he claims.

David French, How the Right’s Rules of Rhetoric Create Racial Provocateurs . If you can show me a meaningful difference between "new people, more obedient voters, from the Third World" and "nonwhite immigrants," I’ll buy you a burger at your favorite burger joint.

Tucker Carlson is definitely trafficking in racial animosities.

Hospitalized with Covid or hospitalized because of Covid?

New data published by New York’s Department of Health show that, although the state’s topline COVID-19 hospitalization numbers are near record highs, 43 percent of COVID-positive patients currently hospitalized were admitted for another reason, and only tested positive for COVID-19 incidentally.

The Morning Dispatch, 1/1/22

Human motivations are rarely unmixed

"Admission changes to [Loudon County Virginia’s Thomas Jefferson High] were driven by jealously infused xenophobia and racism against the Asian community,” says Mr. Jackson. “Most of the internal deliberations focused on a tailored solution to get just enough black and Hispanic kids in to open the floodgates for rich white affluent families, the primary beneficiaries."

William McGurn, quoting Harry Jackson, former president of the Thomas Jefferson PTA.

Worthy new center-left Substack

I believe it was on this blog that I solicited suggestions for left-leaning honest brokers on the internet, since so much of my reading has become, at least in popular parlance, right-leaning, Several of the writers still identify as liberals or even, in one case, communist — but their honest brokerage gets them branded otherwise. I read them more for the delight and reassurance that I and other conservatives aren’t the only ones who "get it."

Well, the center-right Dispatch recommended a new Substack from Josh Barro, Very Serious, just such a center-left figure, as a likely counterpart to the Dispatch. And the introduction is promising:

The conversation that gets erroneously called a “national conversation” — conducted among select journalists, operatives, activists and academics — is essentially a conversation by and for people who supported Elizabeth Warren. It reflects the values and preferences and linguistic quirks of one minority part of one political party’s coalition. And sure, I am contrarian in relation to that subculture, but not to our overall politics or society, within which I sit closer to the median than most other people you will hear from in the press.

Dissenting from and complaining about this subculture is not novel; it’s become a cliché to jump to Substack and complain about it. But my beef with this subculture isn’t quite the usual one, and that’s why this newsletter is going to be different. I don’t feel oppressed by the subculture. But I do think it has caused certain influential people to become badly misinformed in ways that have been damaging to the interests of both the press and the Democratic Party.

Josh Barro, in his introductory post in his new Very Serious.

(I believe his is a Substack blog — it certainly looks like one in the invitation to paid subscription — but the domain is Barro’s own, which presumably gives him control of the content should he ever leave Substack.)

Riddle solved

[T]here’s a simple solution to the seemingly complicated riddle of Hawley, Cruz and Pompeo. And Marche provides it: Right now their surest path to power, or firmest grip on it, involves the theatrical trashing of their own trappings, the reinvention of themselves as characters in a story other than their own. They haven’t had some post-Ivy moral or philosophical epiphany. Their makeovers are fundamentally commercial: They sized up the current marketplace and manufactured what sells best.

And for them — as for too many people in this age of runaway vanity — brand dictates belief.

Frank Bruni, ‌Trump’s pride goeth before our fall

Bait and switch

This week, the writer Colin Wright posed on Twitter the following question: “What rights do trans people currently not have but want that don’t involve replacing biological sex with one’s subjective ‘gender identity’?” And the response was, of course, crickets. The truth is: the 6-3 Bostock decision places trans people in every state under the protection of the Civil Rights Act of 1964. It’s done. It’s built on the sturdy prohibition on sex discrimination. A Trump nominee wrote the ruling.

What the trans movement is now doing, after this comprehensive victory, is not about rights at all. It is about cultural revolution. It’s a much broader movement to dismantle the sex binary, to see biology as a function of power and not science, and thereby to deconstruct the family and even a fixed category such as homosexuality. You can support trans rights and oppose all of this. But they want you to believe you can’t. That’s the bait-and-switch. Don’t take it.

Andrew Sullivan, The Trans Movement Is Not About Rights Anymore

Sully on Biden

The appeal of Biden was that he understood the Senate, represented a moderate middle, and wouldn’t polarize the country with divisive, incendiary rhetoric, as his predecessor had. The reality of Biden is that he has lost the Senate’s trust, has been an enabler of the far left, and is now seeking to call all those who object to a Democratic wishlist of electoral reforms the modern equivalents of the KKK. The speech was disgusting. It will do nothing but further alienate the Senators he needs. It sure alienated me. It could have been written by a Vox intern on Adderall.

I’d wax more eloquently on this but don’t feel I can best either Jonah Goldberg or Peggy Noonan. I voted and supported Biden as the least worst option — in the primaries and general election. I favor an urgent reform of the Electoral Count Act — to avoid a 2020 scenario next time. I’d be open to some of the Democratic proposals. So I should be the kind of voter Biden is appealing to.

But Biden’s polarizing rhetoric, as McConnell made clear, has made compromise on any of this toxic.

Andrew Sullivan again (third topic by my count)

Getting the run-around

Alan Jacobs had a few questions on his University’s health insurance. Nobody would admit that they had answers:

It’s important to recognize that what I went through in both of the circumstances did not result from bugs in the systems, but from features — from purposeful design. The goal of all our contemporary Departments of Circumlocution is simply this: To make us give up. To bring us to the point of shrugging our shoulders and crossing our fingers in the hope that whatever illness we have will somehow get better; or to the point that we pay for medicine ourselves because we can’t figure out how to get the insurance we pay for to cover it, and don’t dare try to get by without it. The object of these systems is the generation of despair. Because if the systems make us despair then the companies that deploy them can boast of the money they have saved the organizations that purchase their services.

Wherein I brand myself

J Budziszewski chose an unusually provocative title: Novelists as Pimps. That I agree with him enthusiasticly no doubt brands me as some sort of comic caricature.

Pretty good book

I’m not going to oversell it, but this was a book I felt well warranted the time to read it:

The origins of this book lie in my curiosity about how and why a particular statement has come to be regarded as coherent and meaningful: “I am a woman trapped in a man’s body.”

…

To put it bluntly: we are all expressive individuals now. Just as some choose to identify themselves by their sexual orientation, so the religious person chooses to be a Christian or a Muslim. And this raises the question of why society finds some choices to be legitimate and others to be irrelevant or even unacceptable.

Carl Trueman, The Rise and Triumph of the Modern Self. If you are comprehensively familiar with Philip Rieff, you can skip it.

Worthy book, but I passed up a favorite annual conference this weekend even though Trueman was one of three keynoters.

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, 12/22/21

The most efficacious argument

[W]hen the church itself is unhealthy or poorly led, a plan to start its revitalization with secular political actors and cultural Christianity — with Donald Trump and Eric Zemmour, presumably — seems destined for disappointment.

…

Social justice activists did not triumph … by first getting an opportunistically woke politician elected president and having her impose their doctrines by fiat. Their cultural advance has had political assistance, but it began with that most ancient power — the power of belief.

Which is also how Christian renewal has usually proceeded in the past. The politically powerful play a part, the half-believing come along, but it was the Dominicans and Franciscans who made the High Middle Ages, the Jesuits who drove the Counter-Reformation, the apostles and martyrs who spread the faith before Roman emperors adopted it.

It’s been that way from the very start. Kings eventually bowed before the crucifix, but in the worlds of the wisest Dominican, Thomas Aquinas, “the most efficacious argument” for Christ’s divinity is that “without the support of the secular power he has changed the whole world.”

And so this Christmas, in our parish and every church around the world, we begin again. Whatever world-changing power we might seek, whatever influence we might hope to wield, starts with the ancient prayer: Lord, I believe; help my unbelief.

Ross Douthat, ‌Can Politics Save Christianity?

Sophistication

For all we know, the tribal shaman who seeks visions of the Dream-time or of the realm of the Six Grandfathers is, in certain crucial respects, immeasurably more sophisticated than the credulous modern Westerner who imagines that technology is wisdom, or that a compendium of physical facts is the equivalent of a key to reality in its every dimension.

David Bentley Hart, The Experience of God

Lost soul

I heard a few months ago of Steve Skojec, a former hardcore Catholic blogger (1Peter5), having a huge crisis of faith. I began following his new Substack, expecting to find something of interest. I was right.

My own relationship with Catholicism is not so vexed as his.

It’s fair to characterize the Evangelicalism of my youth as anti-Catholic, but not obsessively so; were it not for my memories (1) of two of my adverse reactions to JFK and (2) that I didn’t consider Catholics truly Christian, I’m not sure I’d even recognize that I was anti-Catholic.

I tried to learn about Catholicism as a young adult from tendentious hyper-Calvinist secondary sources (unaware that Vatican II meant Catholicism was going to become much more like Protestantism) and (surprise!) what I "learned" wasn’t good.

When I first became Orthodox, I realized that most of the objections I’d had to Catholicism were wrong, and I flirted with the idea that devout Catholics and Orthodox were all, in Richard John Neuhaus’s reification, "ecclesial Christians": people for whom faith in Christ and faith in His Church was one act of faith, not two. I recognized that much of my former attitude could be described as Romophobia, the Protestant reflex that shuns anything, however wholesome, that feels "too Catholic."

But the longer I’m Orthodox, the more I realize that the millennium-wide gulf between Orthodoxy and Catholicism really is deep and wide, in ways that cannot readily be described and that go well beyond which doctrinal propositions each affirms or denies. Notably, I see in Steve Skojec’s substack how he is still haunted by distinctly Catholic beliefs that he now deeply, and justifiably, doubts.

Rod Dreher once was in a similar place, but then encountered Orthodoxy. I pray for Steve Skojec daily, but as I’m not a paid subscriber, I can offer him no words of encouragement or invitation to Orthodoxy. Fortunately, others seem to be doing it.

Christmas, sort of

On a lighter — indeed almost weightless — note, my wife and I have watched a few "Christmas movies" on Netflix this week. And I’ve listened to the background music at my favorite restaurant, a mix of deracinated romantic "Christmas songs" in the "All I Want for Christmas is You" genre.

I’m reminded of why we need the word "vapid" in our English language.

I’ve gotten out Auden’s For the Time Being again.

Maybe I’ll watch Charlie Brown, too:

A Charlie Brown Christmas is not like other Christmas movies. For over half a century, A Charlie Brown Christmas has been playing a game of chicken and we tune in every year to watch it win again. When will CBS finally cave and remove Linus’s recitation of Luke 2? When will the story of Christ’s birth finally be replaced with some spineless pablum about equality, teamwork, and oblique references to fashionable politics? “Surely this will be the year they cut it,” we say, folding our arms as the spotlight falls on Linus. And yet this twenty-five-minute movie somehow manages to pull off the same simple stunt every year—and every year, it is a little more impressive than the last time.

Joshua Gibbs, The Enduring Appeal Of A Charlie Brown Christmas | Circe Institute.

I kind of wonder if the Estate of Charles Schultz won’t forbid bowdlerizing with "spineless pablum." He was said to be an observant Protestant Christian. CBS may have to choose between the Gospel according to St. Luke and contemporary vapidity.

Trans ideal, trans reality

Trans activists argue that a long-marginalised group is now finding its voice in popular culture. Their critics retort that vulnerable teenagers are losing themselves in an online world which adulates anyone who comes out as trans. Both could be right.

…

“What is needed is quality research into adolescent-onset dysphoria among girls, and the overlap with autism and mental-health diagnoses,” says Will Malone, an endocrinologist and director at the Society for Evidence-Based Gender Medicine, an international group of doctors and researchers.

…

Ideally, … an adolescent with gender dysphoria would have been regularly seeing a therapist, who encouraged them to explore other possible causes for their feelings and had a comprehensive psychological assessment before being put on blockers or hormones. “It is very rare that even one of these things happens,” she says.

The Economist, After the Keira Bell Verdict – An English Ruling on Transgender Teens Could Have Global Repercussions (URL lost)

Covid reality

The abstraction of “social responsibility” does not tell me anything about what it is that you want me to do … If you’re locking down but surviving doing so with meal delivery apps, online shopping, and delivery groceries, you’re not reducing risk, you’re just imposing it on other people … It’s very hard to exist in modern society and to reduce your own risk of infection without increasing that of someone else … Reference to the grand shibboleth of social responsibility or communal welfare or similar, it’s all a way to hide in the abstract, and we hide there because there’s so little to do in the particular. Covid is here. The vast majority of us will survive it, as has been the case since the beginning. Many hundreds of thousands, tragically, will die ….

Freddie deBoer, Social Responsibility… To Do What?

And this, not from Freddie:

COVID is just a part of our lives now, and if we don’t learn to live with it, we’re never going to be able to do anything.

Sportswriter Will Leitch via the Morning Dispatch

Baptists gonna be baptists

Burk states that he does not believe that the response from Du Mez represents:

… any kind of middle or undecided position. She is already willing to have communion with and to recognize LGBTQ persons as her brothers and sisters in Christ. In other words, she is already saying that it is right to welcome to the Lord’s table those who embrace and affirm a homosexual identity. She may be under the impression that this is a “middle” or “undecided” position, but it certainly is not. Once you’ve affirmed unrepentant homosexuals as your brothers and sisters in Christ, you have already endorsed an affirming position no matter what your ethical calculation might otherwise be.

It appears that she is treating homosexuality as if it were an issue that otherwise faithful Christians might agree to disagree about — something on the order of differences over baptism or the rapture. That view is a grave error.

Note Burk’s use of the word “identity,” instead of “behavior.”

Terry Mattingly, ‌Think pieces: Why are evangelicals evolving on doctrines linked to LGBTQ issues?

I’m not going to do any deep dive to figure out exactly how Du Mez and Burk disagree, and what Du Mez may have said or written elsewhere that incites such lack of charity in Burk’s response, above — i.e., leaping from "willing to recognize LGBTQ persons as her brothers and sisters in Christ" to "welcome … those who embrace and affirm a homosexual identity" to "affirm[ing] unrepentant homosexuals." Those kinds of leaps seem more like mendacious Right Cancel Culture than good faith argumentation.

Is Denny Burk confused about the distinction between identity and behavior? (I doubt it.) Does Burk think that identifying as homosexual, even if celibate, is sinful? (I suspect he does.) If so, does he think that homosexual orientation (without "identifying as gay" or celebrating it) can be changed? I’ve had some thoughts on that.

Lovely poetic acquisition

Shared on micro.blog:

Let me keep my distance, always, from those
    who think they have the answers.
Let me keep company, always, with those who say
    "Look!" and laugh in astonishment,
    and bow their heads.

(Attributed to Mary Oliver)

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 and pleasant). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

Sunday before Nativity, 2021

I have no particular Advent or Nativity content, should the title have drawn you in looking for some such.

Rights? Shouldn’t it be truths and obligations?

Modern society, no longer looking to churches and communities to detail what is and what ought to be, relies on the social contract to parcel out what is owed and not owed—we speak of “rights” more than truths and obligations. Language of a child’s “right to life” only fits insofar as life has become a political and legal concept.

Sarah Soltis, ‌Membership in Grace: Reflecting on Dobbs and Gifts

Making friends with "the modern world"

For Barth, and for us, Nazi Germany was the supreme test for modern theology. There we experienced the “modern world,” which we had so labored to understand and to become credible to, as the world, not only of the Copernican world view, computers, and the dynamo, but also of the Nazis.

Stanley Hauerwas, Resident Aliens

See today’s last item, too.

Baggage

[H]uman beings never enter this world without baggage. The baggage is an inheritance, both cultural and biological that shapes the ground we walk on and the challenges we will inevitably confront. Fr. Alexander Schmemann is reported to have said that the spiritual life consists in “how we deal with what we’ve been dealt.” In some families, it seems that no matter how many times the deck is shuffled, the same hand (or close to it) appears.

Fr. Stephen Freeman, ‌Mary: The Blessing of All Generations

"Religious" news

The New York Times (1) has very little religious news (though there’s a religion "ghost" in many of its stories) and (2) has some odd ideas on what qualifies as religious news.

On the second point, consider Linda Greenhouse, Trump Weaponized the Supreme Court, apparently thinking there’s no explanation for the opinions of Trump’s three SCOTUS nominees except … religion, I guess.

This reminds me of a quote that unfortunately doesn’t qualify as aphoristic:

[T]he noun religion is an unhelpful reification of what does not as such exist.

William T. Cavanaugh, The Myth of Religious Violence

Reminder to intellectualoids like me

We were created for communion with God—it is our very life. Thinking about communion with God is not a substitute for that communion. Theology as abstraction has no life within it.

Fr. Stephen Freeman, Everywhere Present

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

Thursday Tidbits 12/16/21 (remember that date)

Brevity is the soul of opacity

Although the parties’ briefs, the record on appeal, our caselaw, and even IDEA itself contain an alphabet soup of administrative acronyms, we will spell things out for the sake of clarity. E.g., 20 U.S.C. § 1414(d)(1)(A)(i) (referring to an “individualized education program” as an “IEP”); Appellants’ Br. (using no fewer than twenty-two unique initialisms); Appellee’s Br. (similar). Given their frequency and intelligibility, we nonetheless will continue to abbreviate IDEA and RISD.

For those who prefer acronymic efficiency, however, our holding is roughly as follows: RISD did not violate IDEA with respect to K.S. because, as the SEHOs correctly found at the DPHs: (1) the ARDC’s IEPs for K.S., which included PLAAFP statements, TEKS goals for K.S.’s grade level, various accommodations, and a transition plan, were appropriately individualized in light of K.S.’s SLD; and (2) no actionable violation resulted from wrongly excluding K.S. from the Sept. MDR, which reviewed K.S.’s prior FIEs, FBA consultations, his IIE, Ms. H.’s reports of K.S.’s ADHD (an OHI), TBI, and mood disorders, and concluded that K.S.’s SLD did not cause him to commit the assault for which he was assigned to DAEP. And, in sum, the D. Ct. did not err in holding that K.S. received a FAPE in the LRE in compliance with IDEA.

Footnote 2, Leigh v. Riesel Independent School District, 5th U.S. Circuit Court of Appeals, November 22, 2021. H/T Advisory Opinions podcast

Cloning S.B. 8

California Governor Gavin Newsom may need to wash some egg off his face after his preening announcement that he’s going to imitate Texas S.B. 8 but in the context of chilling gun sales:

In oral arguments last month, Justice Brett Kavanaugh asked Texas’ solicitor general if allowing S.B. 8 to stand would incentivize states to pass similar laws infringing upon other protected liberties. “It could be free speech rights, it could be free exercise of religion rights, it could be Second Amendment rights,” he said. “If this position is accepted here, the theory of the amicus brief is that it can be easily replicated in other states that disfavor other constitutional rights.”

That’s the theory that Newsom is now hoping to put to the test in California, but constitutional scholars warn that his proposed gun control legislation may not be analogous to what Texas did with abortion.

“I think the Court would treat similar legislation dealing with guns or free exercise or what have you the same way. … So there’s nothing about this unique to abortion,” said Will Baude, faculty director of the Constitutional Law Institute at the University of Chicago Law School. “That said, I don’t think Gavin Newsom … fully understands what S.B. 8 is and how it works. For it to work—at a minimum, for instance—he would have to eliminate the ability of the state to prosecute people for those assault weapons or ghost weapons and things like that. I don’t know that he really means that. My guess is nobody will actually try to replicate this law’s particulars because it’s pretty complicated how it works.”

“To replicate this law and its effects in other contexts, you’ve got to pretty much do almost everything the law does,” added Jonathan Adler, professor at Case Western Reserve University School of Law. “It’s not merely private enforcement, and it’s not merely retroactivity. You have to, for example, divest state officials of any authority to enforce the same law. There are a whole bunch of other things you’ve got to do. Is California willing to do all of those things with regard to guns or with regard to assault weapons or whatever? Maybe, maybe not.”

‌The Morning Dispatch: Newsom Vows to Model Gun Legislation on Texas Abortion law

The dumbest audience in America

Sean Hannity, radio host and off-the-books Donald Trump adviser, demands to know. After all, Hannity points out, there have been scores of riots, some of them deadly, over the past couple of years. Why fixate on that one?

Sean Hannity apparently believes that he has the dumbest audience in America.

The sacking of the Capitol on January 6 by a gang of enraged Trump acolytes acting on the president’s complaint that the election had been stolen from him is different from other riots because of its particular political character. Stealing Nikes is one thing, and stealing the presidency is another. Hannity knows this. Most of you know this.

But, apparently, some people need to have it explained to them.

Kevin D. Williamson

The Morning Dispatch is favorably impressed by both Williamson and Michael Brendan Dougherty:

There are a pair of pieces up at National Review about the recent January 6 Select Committee disclosures. First, Kevin Williamson makes the case that comparing January’s Capitol riot with the riots that subsumed American cities in the summer of 2020 is a false equivalence. “There were 21,570 homicides in the United States in 2020. If one of the victims had been the president of the United States, we would have made a pretty big deal about it,” he writes. “What has been clear to some of us for a long time—and what is becoming more difficult to deny every day—is that the events of January 6 were part of an attempted coup d’état. … A riot that is part of a coup d’état is not very much like a riot that is part of a coup de Target.” Second, Michael Brendan Dougherty looks at how right-wing narratives about that day have shifted over the past year. “In the months after January 6, the politically correct move for Trump’s cable-news apologists has been to ignore the fact that the people who set about ‘investigating’ the supposed vote fraud have turned up nothing of consequence or merit,” he writes. “But the riot at the Capitol happened because President Donald Trump simply lied, and lied, and lied. … Treating Trump like a baby whose feelings had to be coddled at the end resulted in Ashli Babbitt’s getting shot as she tried to break into Congress against a lawful order to desist. He could no more Stop the Steal than make Mexico pay for the wall. But, pay for his actions? Some people did.”

And Jonah Goldberg, recently resigned from Fox, lays it on:

A "law and order" conservatism that says, "As long as liberals fail to condemn thuggish violence for their side, we feel no obligation to condemn thuggish violence on our side," cares neither about law and order nor conservatism.

Desperate times call for desperate nonsense

The left’s argument this week is that adoption is so traumatic for a child, who bonds in utero with the mother, that abortion is a mercy. The idea that the fetus can bond with the mother in utero seems to make the implicit case against legal abortion but no matter. Last week, a New York Times piece written by an adoptee argued this: “Babies bond with their mothers in utero and become familiar with their behaviors. When their first caretaker is not the biological mother, they register the difference and the stress of it has lasting effects.” Interracial adoption is apparently especially problematic: smells of white colonization.

The other issue is that good progressives are having a hard time talking about abortion as a women’s rights issue, since men can and do become pregnant (remember, the phrase now is “pregnant people”). …

Nellie Bowles, ‌Abortion, Guns, and Other Polite Topics of Conversation

Bowles also mentions:

This week, Lia Thomas, who competed for years on the men’s swimming team before joining the women’s team, has broken several women’s swimming records and finished one race a full 38 seconds before her nearest rival.

The Turn(s)

[A]fter 225 long and fruitful years of this terminology, “right” and “left” are now empty categories, meaning little more than “the blue team” and “the green team” in your summer camp’s color war. You don’t get to be “against the rich” if the richest people in the country fund your party in order to preserve their government-sponsored monopolies. You are not “a supporter of free speech” if you oppose free speech for people who disagree with you. You are not “for the people” if you pit most of them against each other based on the color of their skin, or force them out of their jobs because of personal choices related to their bodies. You are not “serious about economic inequality” when you happily order from Amazon without caring much for the devastating impact your purchases have on the small businesses that increasingly are either subjugated by Jeff Bezos’ behemoth or crushed by it altogether. You are not “for science” if you refuse to consider hypotheses that don’t conform to your political convictions and then try to ban critical thought and inquiry from the internet. You are not an “anti-racist” if you label—and sort!—people by race. You are not “against conformism” when you scare people out of voicing dissenting opinions.

When “the left” becomes the party of wealthy elites and state security agencies who preach racial division, state censorship, contempt for ordinary citizens and for the U.S. Constitution, and telling people what to do and think at every turn, then that’s the side you are on, if you are “on the left”—those are the policies and beliefs you stand for and have to defend.

…

So look at the list of things supported by the left and ask yourself: Is that me? If the answer is yes, great. You’ve found a home. If the answer is no, don’t let yourself be defined by an empty word. Get out. And once you’re out, don’t let anyone else define you, either. Not being a left-wing racist or police state fan doesn’t make you a white supremacist or a Trump worshipper, either. Only small children, machines, and religious fanatics think in binaries.

Liel Leibovitz, ‌The Turn

We need people to abandon the right as well for its betrayal of conservative principle, and the Trump era has produced a bumper crop of them.

Now we need to figure out how to build a home for the politically homeless from both ends of the political spectrum.

(For what it’s worth, I keep stumbling onto good stuff at Tablet magazine. I may feel honor-bound to contribute if this keeps up.)

S’il n’y a pas de solution, c’est qu’il n’y pas de problèm

Two choristers tested positive between Monday’s Lessons and Carols rehearsal and Wednesday’s. Rehearsal cancelled.

Sunday’s performances? Who knows. Brings to mind this oldy:

(If there’s no solution, there’s no problem.)

The decade of ideological fantasy

The years 1991 and 2001 are commonly treated as breakpoints, markers that inaugurate distinctive chapters of history, the first labeled “Post-Cold War,” the second “Post-9/11.” Yet there is a strong case to be made for amalgamating the two decades into a single period: call it the “era of ideological fantasy,” when U.S. self-regard and Washington’s confidence in its ability to remake the world in America’s image reached unprecedented heights.

Bacevich, Weyrich, Lind et al, The Essence of Conservatism

Not at all sure I agree (but then I wouldn’t be, would I?)

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

Nassim Nicholas Taleb, The Bed of Procrustes.

How would I monetize flaws, biases, contradictions, and irrationality? Rupert Murdoch already founded Fox, back around 1988 (I remember where I was when I heard, and scoffed, that he was starting a fourth network).

Mythbusters

Second, Amar explains how the Chief Justice and Justice Sotomayor misread Marbury.

And what does Marbury v. Madison really mean? Marbury got invoked today by the United States Supreme Court. They don’t actually cite Marbury v. Madison in every single case. So they ratcheted up the stakes today, they meaning John Roberts and Sonia Sotomayor, and this is what I teach Marbury vs. Madison isn’t just ConLaw, it’s FedCourts, you know, 101, and this is what I was hired actually at the law school to teach so so I want to actually go through it with just a little bit of care here. Here’s what Marbury does not say, quote, "The Supreme Court is the ultimate interpret the Constitution" unquote. It doesn’t say that at all. Our audience will put the will put the case up on our website, so they can do a word search, they will not find that they will find if they go online, the Supreme Court at least half a dozen times in the 20th and 21st century, citing Marbury for that proposition, but never with a page cite. The Supreme Court, the ultimate interpreter of the Constitution. Marbury actually didn’t say that. It actually didn’t say much at all about the Supreme Court as such. It actually talked about courts in General, the judicial department which includes, at a minimum, all federal courts, maybe state courts as well, which which Ed invoked.

Amar is 100% correct. This mythical account of judicial supremacy comes from Cooper v. Aaron, and not from Marbury v. Madison. I explain this history in my article, The Irrepressible Myth of Cooper v. Aaron.

Josh Blackman (based on an Otter transcription of a podcast)

Misplaced sentimentality

Americans are a little sentimental about revolutions, because we had one of the very few good ones. But the revolutionary family tree gets pretty ugly pretty quickly: The American Revolution helps to inspire the French Revolution, with its purges and terror; the French Revolution provides a model for Lenin and his gang; the Russian Revolution informs the Iranian revolution. The line from the Boston Tea Party to the Iran hostage crisis is not a bold, straight one, but it can be seen, if you want to see it. Revolutions are dangerous, often in ways that are not obvious at the time and become understood only decades later.

Kevin D. Williamson, March of the New American Leninists

The January 6 insurrectionists vigilantes

The problem with treating every Republican more supportive of Trump than token GOP committee members Liz Cheney (Wyo.) and Adam Kinzinger (Ill.) as an existential threat to the republic is twofold. One, the reason the more serious legal efforts to overturn the election failed is because there were people with fidelity to the Constitution working for Trump. Sidney Powell wasn’t White House counsel. The second is that strengthening Capitol security — the riots were quashed the moment they were met with an appropriate level of response — is probably a better deterrent than trying to marginalize eccentric but widely held political views.

Republicans should take Jan. 6 more seriously, but they are also correct to resist treating ordinary members of their party as horn-wearing, violent extremists.

Damon Linker, The dangerous vigilantism that fueled Jan. 6

Rain Man

I thought Dustin Hoffman was brilliant in Rain Man, but then I’m a sucker for autism spectrum movies (Mozart & The Whale is another). Particularly effective was the bit about him memorizing the phone book — and then card-counting.

This came to mind as I overheard a 59-year-old Aspie of my close acquaintance recounting some trivial event that occurred when he was 7, on December 16, 1969 (see the post title, above).

The human mind is a marvel.

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

Monday potpourri, 12/13/21

Wrongful convictions

“Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction,” Hammond said.

40-year-old Syracuse rape conviction at the heart of author Alice Sebold’s memoir is thrown out

It appears that Alice Seybold was honestly mistaken in her identification of the defendant. I’m surprised, though, that the conviction was overturned decades later without DNA evidence.

Collapse of the West

Who would believe that the whole Western world, in whose image, for better or for worse, all nations seemed to hurry to refashion themselves, would collapse, not battered from without, but sagging into lethargy and indifference and stupor from within?

Anthony M. Esolen, Out of the Ashes.

Inventing existential foes

Because Trumpians live in a state of perpetual war, they need to continually invent existential foes ….

David Brooks, who gives what I consider the best explanation to date on how American conservatism produced President Donald Trump. (The explanation is not hopeful for the GOP.)

Ignoring the Classics

Of course, the classics are neither progressive nor conservative—to argue that they are one or the other is to superimpose a useless framework on them, though Featherstone is right that conservative students are the ones usually defending them. This makes sense because conservatism has a coherent theory for why the past is valuable; progressivism less so, which is why contemporary progressivism has so thoroughly abandoned the classics, even if your old-school Marxist knew his Euripides as well as anyone.
But conservatives have turned from the classics, too. Your average attender of the Conservative Political Action Conference likely couldn’t hold a candle to a mid-century Burkean in terms of reading. Policy has become king on both sides of the aisle. A few notable exceptions aside, most conservative donors are more likely to give money to political campaigns, think tanks, and partisan publications than to programs in classical education or the humanities.

Micah Mattix, Prufrock (part of Spectator World) commenting on The Left Should Defend Classical Education

Kamala “Mindless Ramble” Harris

I trace [Vice President Kamala Harris’s] decline to when she went to Guatemala and Mexico in June for meetings on immigration. Near the end in what should have been a highly prepared meeting with the press, she launched into a sort of mindless ramble in which she kept saying we have to find out the “root causes” of illegal immigration. She said it over and over. “My trip . . . was about addressing the root causes. The stories that I heard and the interactions we had today reinforce the nature of these root causes. . . . So the work that we have to do is the work of addressing the cause—the root causes.”
There is no one in America, including immigrants, who doesn’t know the root causes of illegal immigration. They’re coming for a better life. America has jobs, a social safety net, public sympathy for the underdog. Something good might happen to you here. Nothing good was going to happen at home.
That’s why immigrants have always come. Studying “root causes” is a way of saying you want to look busy while you do nothing.
She seemed unprepared, unfocused—unserious.

Peggy Noonan, Kamala Harris Needs to Get Serious.

The paradox of diversity

It can be hard to know where to go on that if diversity is a key component of a well-rounded education but an indefensible burden on the very people representing the diversity.
…
The idea, again, is that there’s something offensive about a Black person being asked to arbitrate the Black view on a given issue — but what if white writers don’t ask? Isn’t their asking what we were hoping for?

John McWhorter, How Can Something Be Racist but Not Racist at the Same Time?

Higher Education

I was enthused by the announcement of the University of Austin, with President Pano Kanelos coming from St. Johns. But I’m also a bit burnt out on downright enthusiasm for universities and liberal arts colleges.

I had very high regard for Hillsdale College, for instance, only to watch it go Trumpist (Michael “Flight 93 Election” Anton on faculty) and now demagogic in its fundraising letters (most recently, surveying recipients on the socialist menace).

I think I’ll watch carefully before I dig into my wallet for UofA.

Loudon County Culture War

Since Trump came on the scene, Democrats have dominated the most affluent communities in America, winning all 13 of the richest congressional districts (mostly by wide margins) in 2018 and 41 of the top 50. Republicans as recently as 1992 regularly won over half of these districts. Lately, though, in places where voters have money and college educations, Republicanism has become a stigma on the order of bestiality or syphilis …
The Loudoun mess had a lot to do with race, but it was no simple sequel to old civil rights battles. This was a brand-new tale about multidimensional racial tensions, beginning perhaps with the impatience of affluent intellectuals toward a quiet immigrant community whose chief crime, as ham-handed as this sounds, was believing the American dream. For that offense, they were sentenced to the rudest of awakenings. Loudoun doubled as the ultimate media malpractice story, in which the public across years of salacious controversies was told everything but the most important bits.

Matt Taibbi, ‌Loudoun County, Virginia: A Culture War in Four Acts

First-world problems

Normally, an internet-connected feeding machine dispenses kibble for them at noon, but the felines’ bowls were empty and clean. The gadget hadn’t worked because of an outage at Amazon[]’s … cloud-computing unit.
“We had to manually give them food like in ancient times,” said Mr. Lerner, a 29-year-old small-business owner who lives in Marina del Rey, Calif.

Amazon Outage Disrupts Lives, Surprising People About Their Cloud Dependency – WSJ

So obvious (now that he points it out)

[H]ypocrisy is too universal to be interesting …

Liel Leibovitz, ‌Treason of the Intellectuals

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

Abortion law, the Performative Jackass Caucus, Race, and more

Abortion Law

Politicization of the Supreme Court

In an exchange with Scott Stewart, the Mississippi solicitor general defending the state’s ban on most abortions after 15 weeks of pregnancy, Justice Sotomayor had this to say:

Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts? I don’t see how it is possible.

…

Here’s what one reader of mine had to say about Justice Sotomayor’s “stench” comment:

Whoever smelt it, dealt it. Sotomayor and Alito are the two most partisan, results-oriented members of the Court. It’s pretty rich of her, of all the justices, to be complaining about politics stinking up SCOTUS—in a soundbite that was clearly crafted to fire up the left.

David Lat, Original Jurisdiction

Abortion and adoption

The last thing we should take from our nation’s debates about abortion is that adoption is a problem.

… the very idea that poverty—in this nation, of all places—could be the factor that causes a mother to part with her child is and should be a clarion call for action, both private and public, designed to facilitate family formation.

David French, Don’t Denigrate Adoption to Defend Roe

Politics, briefly

A guy can dream, can’t he?

GOP Rep. Devin Nunes of California is resigning from Congress at the end of the month to become CEO of former President Trump’s new social media company, Trump Media & Technology Group. First elected in 2002, Nunes served as chair of the House Intelligence Committee from 2015 to 2019, and would have been a contender to lead the House Ways and Means Committee if Republicans recapture the chamber next year.

The Morning Dispatch

This seems like an epic bad career move, but given my opinion of Devin Nunes, he’s certainly welcome to it.

I wonder if Trump can get Matt Gaetz, Paul Gosar, Marjorie Taylor Greene and the rest of the GOP Performative Jackass Caucus to come work for him, too?

When the only meaningful correlation involves racial ambivalence

After January 6, a team led by Robert A. Pape, head of the University of Chicago Project on Security and Threats, scoured the profiles of the capital insurgents:

Only one meaningful correlation emerged. Other things being equal, insurgents were much more likely to come from a county where the white share of the population was in decline. For every one-point drop in a county’s percentage of non-Hispanic whites from 2015 to 2019, the likelihood of an insurgent hailing from that county increased by 25 percent. This was a strong link, and it held up in every state.

Trump and some of his most vocal allies, Tucker Carlson of Fox News notably among them, had taught supporters to fear that Black and brown people were coming to replace them. According to the latest census projections, white Americans will become a minority, nationally, in 2045. The insurgents could see their majority status slipping before their eyes.

Barton Gelman, January 6 Was Practice.

This is a (the?) major article in a brand-new issue of the Atlantic largely devoted to the threat posed by the Trumpist Republican party. Recommended.

I apparently lead a sheltered life. I genuinely thought that frank racism (white people are better than darker people) had faded close to extinction, though I thought it likely that stereotypes remained (e.g., that black English did its speakers no favors in the job and other "markets").

Then came Barack Obama, and with it, birtherism and other unreasoning opposition.

Now, the "replacement theory" and the terrors it incites.

I’ve got to think this stuff was latent all along — just not obviously among my usual circle of mostly-Christian acquaintances.

Other

Root causes

Mark Bauerlein and Tim Perry discuss the deterioration of Christian burial practices, for which Perry finds startling roots:

Bauerlein: You link this deterioration to a bigger conceptual trend, and that is what happened with eschatology in the 20th Century. What went on there?
Perry: I think it’s a twofold story and it’s a little bit ironic. On the one hand, the Church lost its eschatological vocabulary. In the mainstream Protestant Churches and perhaps in the Catholic Church, more immediate concerns came to the fore: keeping the machine going in the days of decreasing revenues, decreasing membership rolls. In the churches that I’ve been shaped in as a child, I think we became a little bit embarrassed at our eschatological excesses, where we stopped talking about the traditional last things — death, judgment, hell and heaven — and started talking instead about secret rapture, great tribulation, who’s the antichrist, what’s the mark of the beast. I think evangelicals have, perhaps rightly, become a little embarrassed at that kind of speech. But instead of going back to the far richer and far more important language of the traditional last things, we’ve just stopped talking about eschatology altogether.

First Things Podcast, A Proper Christian Burial.

Well, I guess if you’re coy about death, judgment, hell and heaven, and allergic to orderly "liturgies," you’ve got little but novelties and pabulum to preach at funerals.

God will never forsake chosen America

This occurs to me so rarely, but seems so fitting when it does, that I thought I should capture it this time: a lot of support for Donald Trump, particularly but not exclusively among Evangelicals, results from fear that Democrats are an existential threat to the country, so they should vote Republican because God would never so forsake (or judge) America that we are left with shitty and unsuitable candidates in both major parties. That simply is unthinkable, since America supposedly is some kind of new chosen people.

I disagree — so much that I’m tempted to cease voting for Democrats or Republicans. That would mean I sit out many individual races. It should send at least a teensie-weensie signal of discontent that some voter in my precinct voted American Solidarity Party in the Presidential race, Libertarian or some other third party where ASP has no candidate, and not a single D or R.

Verbal tics

“Look, I’m an up-front guy,” Bear Hobart said. “I have to be honest with you—” Here it comes, Dylan thought. He was pretty convinced that you didn’t ever have to be honest with someone; maybe you should, and maybe you wanted to, but “I have to be honest with you” was a self-defeating sentence, since it was never true.

Eve Tushnet, Amends

There’s a kindred verbal tic: "Do you realize that you just [e.g., accused all the teachers in this school district of being sexual perverts]?", addressed to one who asks unwelcome questions. The italicized portion is a signal that the speaker is going to twist words beyond recognition in order to paint the initial speaker as some kind of crazy.

Modernity’s faith

“[F]aith in progress is just as basic to modernity as the Second Coming was to Christianity.”

Rod Dreher, Live Not by Lies

Recently-acquired aphorisms

A memory is what is left when something happens and does not completely unhappen. —Edward de Bono, The Mechanism of Mind
I am a slow unlearner. But I love my unteachers. —Ursula K. Le Guin, Dancing at the Edge of the World

Via Philip Yancey’s Where the Light Fell.

I recommend this memoir (about which I wrote earlier), but read it to understand Yancey’s inner life, not to lay out a timeline of events in U.S. and American church history, which Yancey confuses or conflates at times.

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

Mostly from news and commentary

Chickens coming home to roost

U.S. District Judge Linda Parker on Thursday ordered nine attorneys—including Sidney Powell and Lin Wood—to pay $175,250 to the state of Michigan and city of Detroit in response to their participation in the frivolous “Kraken” lawsuits seeking to overturn the results of the 2020 election.

The Morning Dispatch

U.S. Sportsball vs. Chinese Communist Party

In an interview on The Lead With Jake Tapper yesterday, veteran sports broadcaster Bob Costas offered a measured, but forceful, condemnation of the coddling of China by some international institutions and prominent athletes. Tapper asked about the Peng Shuai situation and why the Women’s Tennis Association and International Olympic Committee have taken such different approaches to it. “The IOC is in bed with China,” Costas said. “It’s very troubling, their affinity for authoritarian regimes. … Meanwhile, you’ve got not just the IOC, you’ve got the NBA, and you’ve got Nike, and various individual sports stars in the United States who have significant investments in China, where the sports market is huge. And some of those people are very outspoken—as they have a right to be, and maybe in general you and I would agree with their viewpoints—very outspoken and sometimes offer sweeping condemnations of their own admittedly imperfect country, the United States. But when it comes to China—perhaps the world’s leading human rights abuser given its size and its wherewithal—they’re mum. Very, very few have anything to say.”

The Morning Dispatch

The Families Roe

We can’t shake the picture of the wholesome 1950s and ’60s as a time of American innocence. But no country is “innocent,” and so many of the central players in the [American abortion] drama came from some kind of deep dysfunction—sadness, family chaos, sirens in the night. Norma McCorvey, the Roe in the case, was a remorseless, compulsive liar who variously claimed to have been raped, gang-raped, beaten, shot at, preyed on by lesbian nuns. As I read her she was a sometimes charming, often funny sociopath, always uninterested in the effect on others of her decisions.

There is the brilliant lawyer who brought the first case and wound up destitute in a heatless house in East Texas; the prickly, eloquent pro-life leader who wound up unappreciated, alone and a hoarder. There is the writing of the Roe decision itself. And there is the idealism of many on both sides who were actually trying to make life more just.

Peggy Noonan, source from Joshua Prager’s book The Families Roe

Getting and spending

It is something of a cliché to suggest that the world outside is preoccupied with getting and spending. We have to put a lot of time and energy into those activities here on the island. I think the difference is that it would not occur to us to think of such activities as the main, let alone the sole, reason for our existence.

Peter France, A Place of Healing for the Soul: Patmos

Without comment

What a fast swimmer: A University of Pennsylvania swimmer who competed for three seasons at the college level as a man is now absolutely dominating the sport as a woman, breaking record after record in women’s swimming. “Being trans has not affected my ability to do this sport and being able to continue is very rewarding,” Lia Thomas said.

Nellie Bowles via the Bari Weiss Substack

Ray Bradbury, prophet

Give the people contests they win by remembering the words to more popular songs or the names of state capitals or how much corn Iowa grew last year. Cram them full of noncombustible data, chock them so damned full of ‘facts’ they feel stuffed, but absolutely ‘brilliant’ with information.

Ray Bradbury, Farenheit 451

Projection

We always have to remember that how we see the world about us is but a reflection of the state of our own inner world. Ultimately, it is because we see ourselves as existing apart from God that we also see nature as existing apart from God.

Philip Sherrard, The Rape of Man and Nature

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

December already?

I continue, with surprisingly little effort, to cease wallowing my mornings away with doomscrolling the news. It makes for less frequent blogging, but I hope it’s a bit more interesting.

Did your November fly past as quickly as mine?

Foretaste

Maybe you should sit down to read this and then mark your calendar in anticipation: on Sunday, I’m posting something nice about the Evangelicalism of my youth.

It may have boogered-up formatting, as WordPress seems incompetent at handling markdown other than paste-it-and-publish; save it and go back for edits and it incorrigibly inserts literal > before every blockquote.

Realism

People who discuss lowering the voting age – not only those for it but also those against – assume that it would mean a transfer of political influence to the young.

That is absurd. It would mean no such thing.

… It would only mean increasing the political clout of those who have influence through the young.

Pop stars. Sports coaches. Schoolteachers. Writers and editors of media aimed at teens. Especially people in such groups who have no children of their own to take up their time and attention.

… So one could expect further politicization of entertainment, primary and secondary education, youth athletics, children’s and “young adults” books, and teen magazines and media.

J Budziszewski

Ascetic abstention

Sondheim’s work was at its strongest when it lingered in the pain of the dawning realization that no ever after ever lasted long. His music and lyrics looked squarely at life and insisted, gently and eloquently, that of course it was never going to be exactly how we wanted it to be, that messiness and ambiguity were to be expected, and could even be part of the beauty.

Amy Weiss-Meyer, ‌What Stephen Sondheim Knew About Endings

I’ve pretty much stopped reading about Sondheim — though every new article is a temptation. An especially lovely surprise was John McWhorter’s heartfelt tribute.

"Earth Alienation"

“Should the emancipation and secularization of the modern age,” [Hanna] Arendt wondered, “which began with a turning-away, not necessarily from God, but from a god who was the Father of men in heaven, end with an even more fateful repudiation of an Earth who was the Mother of all living creatures under the sky?”

I thought about Arendt as I listened to Jeff Bezos talk about space exploration at a recent event held at the National Cathedral, a setting that will strike those of you familiar with the late David Noble’s work in The Religion of Technology as altogether apropos. The thesis of Noble’s book was that “modern technology and religion have evolved together and that, as a result, the technological enterprise has been and remains suffused with religious belief.” In this light, a cathedral is an altogether appropriate setting for the annunciation of a not-so-novel message of technologically mediated salvation and transcendence.

…

To be sure, Bezos makes a number of statements about how special and unique the earth is and about how we must preserve it at all costs. Indeed, this is central to Bezos’s pitch. In his view, humanity must colonize space, in part, so that resource extraction, heavy industry, and a sizable percentage of future humans can be moved off the planet. It is sustainability turned on its head: a plan to sustain the present trajectories of production and consumption.

L. M. Sacasas, Earth Alienation As A Service

This merits full reading, as the infatuation with space travel and colonization is not the only way in which our technological advances correlate to alienation from our actual situation.

In a related vein:

I kept thinking about Jesus’s admonition that it is easier for a camel to go through the eye of a needle than for a rich man to enter heaven. The point is not that rich people are wicked. The point is that if you have money, it is much easier to believe that you can control things, that your money and the technology it can afford (as well as living in a relatively wealthy society) buffers you from contingencies. We forget our dependence on God, but more to the point, we forget to cultivate awareness of Him.

…

Experience of the natural world does not generate faith. (Christianity is not a so-called Nature religion.) But surely it can encourage a certain psychological orientation favorable to some brands of religious faith; and this suggests the correlative possibility that reduced experience of the natural world might do just the opposite.

…

It is probable that no one has yet created a cataphatic theology grounded in technological analogies because it cannot be done. Technological artifacts point us to the wrong creator — to the human race, not God; so they seem bereft of real signals of transcendence. Further, as they become our environment, they imprint in the collective subconscious the message that things exist in order to serve us. That is the very last thing we need to intuit.

…

despite its undeniable defects, asceticism was "positive, not negative" because it "fundamentally aspired to liberate the highest powers of personality from obstruction by the automatism of the lower drives."

Rod Dreher, ‌‘The Luminous Dusk’

Call me a bigot, but everyone who expresses enthusiasm about space colonization (or Zuckerberg’s Metaverse) as a solution to some problem sinks in my estimation (unless they were alread rock-bottom).

RSVP Hall of Fame

Late in life, during the Second Vatican Council’s alleged golden dawn, Waugh received an invitation to a book launch by self-consciously “progressive” Catholics. He shot back by postcard his unforgettable RSVP: while he would not attend a social meal in the progressives’ company, “I would gladly attend an auto da fé at which your guests were incinerated.”

Bacevich et. al., The Essence of Conservatism

Pro-life feminism

As humor writer Dave Barry put it, “Critics allege that [Amy Coney] Barrett belongs to a harmful non-secular cult that subjugates ladies by forcing them to turn into Supreme Court justices.”

We need to broaden the tent of feminism. If, in order to be a feminist, one cannot simply be against the oppression of women but also must affirm abortion or other left-of-center causes, then feminism does not actually exist as a movement. It is merely pro-choice progressivism marketed for ladies.

And that ultimately weakens the cause of feminism because it excludes a lot of women, especially young women ….

Tish Harrison Warren, ‌Why the Feminist Movement Needs Pro-Life People

Fox-No-More

Fox broadcasts Seth Rich conspiracies? Memory-holed. Fox gave airtime to Kraken lawyers? Well, they were just asking questions. Its streaming platform airs a deranged Patriot Purge documentary that re-imagines the reality of January 6? Nobody watches Fox Nation anyway.

…

The cultural and political consequences in the right-wing grassroots are considerable. Politically engaged citizens can cite to you chapter and verse of (very real!) mainstream media scandals, yet they’re often completely shocked at the idea that the alternative institutions they follow are often substantially less reliable than the MSM they despise.

But honestly, how would they know? They’re inoculated against criticism of the right by the left, and how many voices on the right are reliably independent and free of Fox’s influence?

…

Mainstream media is still often plagued with groupthink and intolerance. Unfortunately, the right surveyed years of problems with legacy outlets and then built a media industry that was somehow even worse.

David French.

Despite Fox’s dominance, The Dispatch’s Jonah Goldberg and Steve Hayes resigned as contributors after Tucker Carlson’s Patriot Purge insanity,

Consider supporting The Dispatch. And getting off Fox News. All network news stultifies, but some stultifies more than others.

Unintended consequences

I don’t know why we don’t think more deeply and consistently of consequences of public policies and programs:

[T]he intentions behind a given policy tell us little about its likely effects ….

Tyler Cowen, commenting on a paper by Boaz Abramson in When Lawyers Make Things Worse.

Some meat:

Policies that make it harder to evict delinquent tenants, for example by providing tax-funded legal counsel in eviction cases ("Right-to-Counsel") or by instating eviction moratoria, protect renters from eviction in bad times. However, higher default costs to landlords lead to higher equilibrium rents and lower housing supply, implying homelessness might increase.

Early to bed, early to rise

My early jobs as a dishwasher and parking lot attendant began at 6 a.m. and I remember this dimness well. It changed my life. I stayed home at night and went to bed early and postponed debauchery to my mid-twenties and then, at the age of 27, I got a job on the 5 a.m. shift and postponed it again. A dear friend of mine, whose parents subsidized her fully, went out late one night and fell in with some fascinating strangers who introduced her to hashish and some other substance and she fell into a psychotic state and had to be hospitalized and spent some time in a drug program where she met more fascinating troubled people and it changed her life. She never found a vocation. Instead, she became fascinated by her own disability and made a career of being troubled, married a troubled man who abused her, and today she’s in a nursing home somewhere, a faint replica of the witty woman she once was, and I am waiting for the coffee to brew so I can get back to work on a novel. Early to bed and early to rise makes for a life that, if not wealthy and wise, is at least pleasant and sensible.

Garrison Keillor

Lies the Atlantic told me

Ending legal abortion in America, though, has long been the main goal of the conservative legal movement.

Adam Serwer.

Serwer is wrong if he means that literally, sloppy if he doesn’t.

Ending the pretext that the Constitution mandates legal abortion has been the goal. It remains after that to persuade legislatures of the appropriate restrictions on abortion.

I will be surprised if more than 5 states fly their progressive flags by legislating abortion on demand throughout pregnancy; if more than 10 states ban all abortions initially; if more than 5 states that initially banned all abortions continue to do so 5 years after Supreme Court success; if a majority of states don’t allow abortions in the first trimester.

A lot of politicians have gotten by with feigning pro- or anti-abortion purity on the cheap for almost 50 years now. We’ll see how much dross the legislative crucible throws off.

(There was another Atlantic item even worse than Serwer’s.)

Why I don’t rush to give 5 stars to new podcasts

Can anything good come out of the now-Trumpified Claremont Institute?

I’ll leave it for you to judge, but my hopes for Spencer Klaven’s Young Heretics podcast (held out as classical education for adults who weren’t classically educated) turned, for my tastes, into propaganda as the young, bright podcaster would "apply" the lessons of antiquity to modern U.S.A.

Sad. But at least it’s one less podcast I feel obliged to audit.

And it confirms the wisdom of ignoring pleas of new podcasts to "visit Apple podcasts and give us a 5-Star rating." Give me a dozen or so episodes, folks; I’m not your Junior Marketing Assistant.

Afterthought

I would be remiss if I failed to ask — How ’bout them Boilermakers?!

The Purdue Men’s basketball team bodes well to get a number 1 ranking if it can win its next road game. It’s 7-0, averaging over 90 points per game, and (if you hadn’t heard) 10-men deep. A lot of good teams will drop to Purdue, as Villanova did, simple because Purdue wears them out by rotating in fresh legs all game long, and getting solid production off the bench.

I hope the NBA knows how to reward team play — but that they don’t get Jaden Ivy to bolt after just two years. His mom, a WNBA veteran and Notre Dame coach may be able to steel him against the blandishments.

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

Endings … and religious beginnings

All The Presidents’ Lawyers is no more

Josh Barro and Ken White are ending one of my favorite legal podcasts, All The President’s Lawyers, loosely based on the premise that "all Presidents have legal problems, but some [read: Donald Trump] have more than others."

The podcast, I admit, was getting more than a bit repetitive if one was looking to learn about how the law operates, but it had turned into sort of a serial low-key comedy routine, with stock questions and caricatures like

Ken, is this RICO?
Ken, is Michael Avenatti a good lawyer?
… thumb-headed henchman Lev Parnus …
And just "Roger Stone," with no adjective needed,

that I found amusing.

The occasion of ending the podcast, though, is that Barro is leaving KCRW, the public radio station sponsoring ATPL. Since I don’t like being a freeloadeder, I once or twice sent KCRW a financial token of appreciation for ATPL and for a second Josh Barro podcast, Left, Right and Center (to which I ceased listening a while back). It will be interesting to see how long it takes for the emails and letters from KCRW to cease, since I now have no reason to send it money. If the mailings from the National Right to Work Committee to my dead father (who had a pretty good reason for disliking labor unions; I, in contrast, think we could stand to see their renewed vigor) for years after his death are any indication, it may be a long time.

Barro and White are concocting some kind of new podcast independent of KCRW, and I look forward to giving it at try.

Individualism is not the solution

Tocqueville, unlike so many of his current conservative and progressive readers, understood that individualism was not the solution to the problem of an increasingly encompassing centralized state but the source of its increasing power.

Patrick J. Deneen, Why Liberalism Failed

Professional restraint

The prosecutor in the Ahmaud Arbery killing trial surprisingly did not dwell on race, racism, or sending any message to … well, whatever you care to call people like the Defendants.

In her rebuttal to the defense’s closing argument — the last word before jurors were sent off to decide the fate of thee three men — Ms. Dunikoski made an appeal to common sense, offering up a general rule of life that she said the defendants had violated: “Don’t go looking for trouble.”

She had already told them that Mr. Arbery was killed because he was Black. Now she was telling them that the case wasn’t about whether the men were “good or bad people.” Rather, she said, it was “about holding people accountable and responsible for their actions.”

How a Prosecutor Addressed a Mostly White Jury and Won a Conviction in the Arbery Case

This prosecutor seems to have a very solid professional focus. She has declined interviews so far, too.

Despite our shared profession, something in me very much wants to see the defendants as "bad people," not just as people who need to be held accountable, but I know her way would be better for my soul — and I’d venture there’s a fair chance it struck a chord with the jury.

Self-Flagellation Day

Thanksgiving Day is here, and as is the fashion, it’s taking a beating. “What is Thanksgiving to Indigenous People? ‘A Day of Mourning,’” writes the onetime daily Bible of American mass culture, USA Today. The Washington Post fused a clickhole headline format with white guilt to create, “This tribe helped the Pilgrims survive for their first Thanksgiving. They still regret it 400 years later.” Even the pundits who didn’t rummage in the past in search of reasons for Americans to flog themselves this week found some in the future, a la the Post’s climate-change take on Turkey Day menus: “What’s on the Thanksgiving table in a hotter, drier world?”

MSNBC meanwhile kept things festive by reminding us, with regard to the now-infamous Pilgrims, that “Instead of bringing stuffing and biscuits, those settlers brought genocide and violence” …

Where’s all this headed? In the space of a generation America has gone from being a country brimming with undeserved over-confidence, to one whose intellectual culture has turned into an agonizing, apparently interminable run of performative self-flagellation.

Matt Taibbi, ‌Thanksgiving is Awesome

Not Making This Up

1492 needs a trigger warning: The Women’s March issued an apology so perfect that I cannot summarize it. It has to be printed in full. This is a real apology sent out by the Women’s March.

We apologize deeply for the email that was sent today. $14.92 was our average donation amount this week. It was an oversight on our part to not make the connection to a year of colonization, conquest, and genocide for Indigenous people, especially before Thanksgiving.

Nellie Bowles

Escaping a flawed religious heritage

Alan Jacobs throws down a gauntlet:

Hannah Anderson in Christianity Today:

Just as we do not choose our biological families of origin, there’s a sense in which we do not choose our religious families of origin either. Those of us who have been birthed or shaped by evangelicalism will never not be affected by it. You can be a former evangelical or a postevangelical. You can be a neo-evangelical. You can be a recovering evangelical — even a reforming evangelical. But you will never not be defined by your relationship to evangelicalism.

At the same time, acknowledging your evangelical roots does not mean turning a blind eye to the challenges facing the movement, nor does it mean defining evangelicalism so narrowly that you can absolve yourself of responsibility for it. To extend the family metaphor, evangelicalism may be comprised of your crazy cousins, embarrassing uncles, and perhaps even dysfunctional homes, but it’s still your family.

One thing that I almost never see in the current Discourse about evangelicalism is an acknowledgement by people who were raised evangelical that their upbringing might have provided something, anything to be grateful for. When I hear people denouncing their evangelical or fundamentalist “family,” I often think of something Auden said about Kierkegaard: “The Danish Lutheran Church may have been as worldly as Kierkegaard thought it was, but if it had not existed he would never have heard of the Gospels, in which he found the standards by which he condemned it.”

As an Orthodox Christian, formerly Evangelical, I appreciate his point — and bits of Hannah Anderson’s comments as well. But I do not call myself exvangelical, former evangelical, postevangelical or even recovering evangelical. I think the claim that "you will never not be defined by your relationship to evangelicalism" is self-congratulatory if not delusional. I am an Orthodox Christian, and there’s just too little point of contact between truly historic Christianity and evangelicalism for the latter to be much of my Christian identity, though it’s part of my history.

But amidst much criticism of Evangelicalism, I’ve given credit where credit is due. See, most notably, the material in the section "Epiphany 1" in this longish blog post. My status as evangelical was tried and tested (see "Epiphany 2") but survived unequivocally to my late 20s or early 30s, when I embraced Calvinism (see the first seven paragraphs of "Epiphany 3").

And, yes, in evangelicalism I found the standards by which I now condemn it — including a lot of scriptures that evangelicals don’t underline in their Bibles if they notice them at all, and the clear context of some they do underline.

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

Amazing: No Politics

Innovation then and now

Henry Ford happily allowed his children to be chauffeured around town in the mass-market vehicles he pioneered, but today, Silicon Valley executives protect their children from smartphones and send them to schools without screens—a telling sign of their opinion of their own products.

Gladden Pappin, Advancing in Place

Pappin is an integralist or integralism-adjacent, so I read him guardedly. Still, it’s hard to resist that little ad hominem.

Pornification failure

Much later, Playboy magazine came along, in which girls removed their underwear and a boy could drive to a drugstore in a part of town where he was not known and tuck a copy into a Wall Street Journal and peruse it And later came Tropic of Cancer and Portnoy’s Complaint and now porn is freely available online though to me it has all the erotic allure of watching oil well pumps pumping in North Dakota.

Garrison Keillor

Le mot juste is "shibboleth"

I generally don’t like "why didn’t he write about this?" objections, but I think John McWhorter missed the boat by not using the term "shibboleth" in this piece.

Put not your trust in jury verdicts

There is a dissonance between what we invest in a trial and what it resolves. We rely on the criminal-justice process for the airing of important aspects and arguments around many public controversies that deeply divide us. The trial and its attendant litigation become our historical record. But in the end, a criminal proceeding settles only a very narrow point: Did the state present proof beyond a reasonable doubt to support the charges it alleged?

In the Rittenhouse trial — in what I continue to believe is a case that should never have been a criminal prosecution — the state did not meet its burden. That narrow finding is critical, and the jury made it.

Still, the trial has very little to tell us about the unrest on the streets, what caused it. It doesn’t address how the government dealt with, or rather was derelict in, its duty to provide security. It has nothing to say about prudential or moral questions unrelated to the proof vel non of charged crimes — e.g., should Kyle Rittenhouse have been on the violent scene in Kenosha that night, should he have been armed, and what does the fact that we can’t agree on these questions — indeed, can’t even seem to discuss them civilly much of the time — portend for our society? Nothing, because we’ve always been a rambunctious bunch, or disaster, because our disagreements are growing more fundamental?

Verdicts in a criminal case do not begin to address those matters.

But they are essential just the same. We can’t address anything effectively without the rule of law. Today, the rule of law won.

Andrew C. McCarthy, *‌Thoughts on the Rittenhouse Not-Guilty Verdicts *

Two paths of the novel

If the novelist cannot provide a window into reality, then he must ultimately write about himself; and his technique, or politics, or personal problems come to the forefront of his work. Like the postmodernist Pompidou Center in Paris, with all its pipes, wires, and elevators on the outside, the postmodern novel refuses the “hidden” artistry of the realistic tradition in order to flaunt its bag of tricks.

Gregory Wolfe, Beauty Will Save the World

A charitable surmise

One of the reasons that Pope Francis sometimes seems so frustrated with the state of the Church today may be that, in his experience, too many Christians tend to confuse doctrine and law and rituals and structures with the real experience of faith.

Abp. Charles J. Chaput, Strangers in a Strange Land

If Archbishop Chaput’s surmise is correct, I’ll give the Pope his props for a change — with a caveat: the "real experience of faith" can be absent even in a saint, and even for long "dry" spells. Witness St. Theresa of Calcutta, who suffered depression for decades, rarely if ever feeling God’s presence.

Deep paradox

In some sense, as dark to the intellect as it is unendurable to the feelings, we can be both banished from the presence of Him who is present everywhere and erased from the knowledge of Him who knows all.

C.S. Lewis, The Weight of Glory in The Weight of Glory

Tell me why I’m wrong

Having avoided the divisive topic of politics, I turn to the divisive subject of religion.

When I consider a story like David French’s The Moral Collapse of America’s Largest Christian University, I think that public-facing Evangelicalism is almost entirely religiopreneurs getting ego strokes and money, lots of money, and lots of — oh, never mind. This is a family blog.

Oh, those guys plus followers who will follow their leaders anywhere, including perdition, if the metrics are good (since good metrics are confused with God’s blessing).

I know there are faithful pastors laboring away far from the limelight, but the tone is set by the bozos, isn’t it?

Thinking much about politics

A sick society must think much about politics, as a sick man must think much about his digestion; to ignore the subject may be fatal cowardice for the one as for the other. But if either comes to regard it as the natural food of the mind—if either forgets that we think of such things only in order to be able to think of something else—then what was undertaken for the sake of health has become itself a new and deadly disease.

C.S. Lewis, Membership, in The Weight of Glory

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