The Supreme Court today took the surprising tack of deciding a religious freedom case (Fulton v. City of Philadelphia) on the basis of a statutory provision I’d never heard mentioned in discussions of the case (and I was paying moderately close attention).
The majority opinion by Chief Justice Roberts, joined by Justices Breyer, Sotomayor, Kagan, Kavanaugh, and Barrett: When a legal rule allows for "entirely discretionary exceptions" (e.g., that a foster care evaluation provider "shall not reject … prospective foster or adoptive parents … based upon … their … sexual orientation … unless an exception is granted by the Commissioner or the Commissioner’s designee, in his/her sole discretion"), the government must generally provide such exceptions for religious objectors as well.
I’m not surprised at the outcome. I am surprised (and disappointed) that I hadn’t heard about this discretionary exemption clause in the law. It was an obvious way, it seems to me, to avoid having to overturn the 30-year-old Employment Division v. Smith precedent — even though no exemptions have been extended to anyone.
But Justice Alito has a point, too:
[The majority] decision might as well be written on the dissolving paper sold in magic shops. The City has been adamant about pressuring CSS to give in, and if the City wants to get around today’s decision, it can simply eliminate the never-used exemption power. If it does that, then, voilà, today’s decision will vanish—and the parties will be back where they started. The City will claim that it is protected by Smith; CSS will argue that Smith should be overruled; the lower courts, bound by Smith, will reject that argument; and CSS will file a new petition in this Court challenging Smith. What is the point of going around in this circle?
(Both block-quotes from Eugene Volokh, with emphasis added.)
Paul Kingsnorth on the environmental movement (which he left):
What, exactly, was he leaving? A movement that had transformed itself into, as he memorably put it, “the catalytic converter on the silver SUV of the global economy.” … To him, this next-gen environmentalism was simply “business-as-usual: the expansive, colonizing, progressive human narrative, shorn only of carbon.”
It’s ever so much easier than admitting that our endless wars of choice piss some people off around the world — especially if one is a Senator, but almost as much if one is a journalistic lapdog to the Beltway crowd.
Hudge and Gudge, or the governing class generally, will never fail for lack of some modern phrase to cover their ancient predominance. The great lords will refuse the English peasant his three acres and a cow on advanced grounds, if they cannot refuse it longer on reactionary grounds. They will deny him the three acres on grounds of State Ownership. They will forbid him the cow on grounds of humanitarianism.
G.K. Chesterton, What’s Wrong with the World?
You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.
My dear Socrates … you know why they are putting you to death? It is because you make people feel stupid for blindly following habits, instincts, and traditions. You may be occasionally right. But you may confuse them about things they’ve been doing just fine without getting in trouble. You are destroying people’s illusions about themselves. You are taking the joy of ignorance out of the things we don’t understand. And you have no answer; you have no answer to offer them.
Most poets in the West believe that some sort of democracy is preferable to any sort of totalitarian state and accept certain political obligations, to pay taxes, to vote for the best man or programme, to serve as jurymen, to write letters of protest against this or that act of injustice or vandalism, but I cannot think of a single poet of consequence whose work does not, either directly or by implication, condemn modern civilisation as an irremediable mistake, a bad world which we have to endure because it is there and no one knows how it could be made into a better one, but in which we can only retain our humanity in the degree to which we resist its pressures.
W.H. Auden in Encounter (April 1954), via Alan Jacobs
The term civil religion was introduced by Rousseau in the eighteenth century. In the last chapter of The Social Contract, Rousseau proposes an explicit civil religion as a cure for the divisive influence of Christianity, which had divided people’s loyalties between church and state. Rousseau does not wish to erase Christianity entirely, but to reduce it to a “religion of man” that “has to do with the purely inward worship of Almighty God and the eternal obligations of morality, and nothing more.”
Oh. Only "inward" worship and yada, yada, yada. Nothing to see here. Move along now.
On so many topics, the legacy press has forcibly limited the scope of legitimate discussion. The downstream effect of this is is as obvious as it is alarming: It denigrates trust in institutions that are meant to be in the business of pursuing the truth. And it drives curious people to dark corners of the Web, where conversations about the origins of the virus mix easily with those about the Rothschilds.
Dr. Russell Moore is leaving the Ethics and Religious Liberty Commission of the Southern Baptist Convention. A lot of Southern Baptists considered him a liberal for deny 45’s suitability for the office of POTUS and for answers like this one, which forever endeared him to me.
Russell Moore isn’t the only Evangelical who warned against 45:
The day after his inauguration, I wrote, “A man with illiberal tendencies, a volatile personality and no internal checks is now president. This isn’t going to end well.” And it didn’t.
I often think that the famous Orthodox answer to certain questions, “It’s a mystery,” … is not a statement that means, “I do not know,” but, rather, “I know, but there are no words for it.”
I’m aware of my tendency to blog like a mere aggregator or curator, but today, for whatever reason, I slowed down and thought.
Living consciously within limits
On the 15th of each month, a reminder pops up to read my maxims (they actually come from two American Orthodox Priests, one living, one reposed). Sometimes I don’t get around to it until, say, the 17th.
As I read them today, it occurred to me that they give a decent idea of how an Orthodox mindset should cash out in “practical” life (if only we weren’t always missing the mark).
I do try to live by them (that’s why I review them monthly). Even falling short, it’s a much saner way to live than not trying at all.
On a closely-related note, I read an article just now (as I write) that I thought good enough to save and index: Dedication: In Praise of the Long-Haulers. It uses the term "stickers," in contrast to "boomers," a contrast I’d seen before.
But this time, in conjunction with indexing, I decided to make "sticker" a tag in my system and to look for like articles. My system was crawling with them. For instance:
Granted, my system (a kind of database) is kind of young, after a computer crash garbled its predecessor. So I may have just been on a "making-a-virtue-of-Covidtide-necessity" binge of rootedness ruminations. But I think these really are the kinds of people I most admire, and that I’m gradually become more stickerlike myself.
Maybe this just means I’m getting too old to fight or rally in the streets.
Abortion back on the docket
The [U.S. Supreme] court said Monday it would review next term whether all state laws that ban pre-viability abortions are unconstitutional. The court’s 1973 ruling in Roe v. Wade declared that a woman has a constitutional right to terminate a pregnancy in the first six months of her pregnancy when the fetus is incapable of surviving outside the womb.
The test case is from Mississippi, which bans most abortions after 15 weeks, significantly before fetal viability. A panel of the 5th U.S. Circuit Court of Appeals, one of the most conservative in the country, blocked enforcement of the law, finding it in conflict with Roe v. Wade and subsequent abortion decisions.
The news, you may have noticed, is often over-hyped. This story really isn’t, whatever the ultimate outcome, because SCOTUS took the case even though there is no "Circuit split."
There is no Circuit split (inconsistent results from different U.S. Circuit Courts of Appeal) because under existing precedent, laws like Mississippi’s are clearly unconstitutional as unduly burdensome on the (court-created) right to abortion. The Supreme Court seldom takes discretionary review of issues on which all the Circuit Courts are agreed, and when it does, it’s thought to be likely that the court itself is doubting its precedents (or universal Circuit Court interpretation of those precedents).
So this case, more than any other since Planned Parenthood v. Casey thirty years ago, really could be the Big One. And if you think that a major change in the Supreme Court’s view on abortion would not be a bit deal, you haven’t thought it through or you have a crazy-high threshold for "big deal."
During a congressional hearing last week, … Health and Human Services Secretary Xavier Becerra, repeatedly denied the existence of a federal ban on barbaric partial-birth abortions that has been law for 18 years …
… In his confirmation hearings, Becerra dodged questions about his stance on partial-birth abortion, deflecting with repeated claims that he would “follow the law” as head of HHS. Now Becerra outright denies the existence of a statute that has been around for nearly two decades.
… Becerra can hardly plead ignorance on this topic. As a freshman congressman, he voted against the ban …
So what’s with Becerra’s denial? Is he just hair-splitting because he doesn’t like the "partial-birth abortion" label? The author anticipated that:
As for Becerra’s parroting of the abortion lobby talking point that partial-birth abortion “is not a medical term,” neither is a heart attack, but almost everyone understands what one is.
An entertaining bootleggers-and-Baptists moment
Mr. Sanders has become the chief obstacle to his party leaders’ hopes of restoring the full federal tax deduction for state and local taxes, known as SALT, capped at $10,000 by the 2017 Tax Cuts and Jobs Act. Speaker Nancy Pelosi of San Francisco calls the loss of that deduction “devastating.” Likewise New York Sen. Chuck Schumer, who vowed that “one of the first things” he would do as majority leader would be to see that the SALT cap is “dead, gone and buried.”
But not Bernie. Asked directly on “Axios on HBO” last week whether he supports this effort, Mr. Sanders proudly raised his progressive colors: “You can’t be on the side of the wealthy and powerful if you are going to really fight for working families.”
It’s making for an entertaining bootleggers-and-Baptists moment, with two opposing camps—low-tax Republicans and the leader of the Democratic Party’s progressive wing—finding themselves in the same foxhole. Each wants to keep the SALT cap, but for very different reasons.
I had forgotten the delightful colloquialism "bootleggers-and-Baptists" moment.
Congresslechers and Cicadas
Joel Greenberg, a former county tax collector with strong ties to Florida congressman Matt Gaetz, pleaded guilty Monday to federal crimes including sex trafficking a minor. The New York Timesreported last month that Gaetz himself is under federal investigation for possible sex trafficking crimes.
The Morning Dispatch. Joel Greenburg "pleaded guilty" and agreed to cooperate. If Matt Gaetz is guilty and not too sociopathic to know it, he should be getting very, very uncomfortable.
But if his goal is getting laid by as many undiscriminating women as possible, he’s had a relatively good run — as has Garrison Keillor:
[C]ompared to the male cicada who, after seventeen years underground, has one sexual experience, dies, and never gets to see his progeny, my life is a fairy tale.
The cicadas are out for survival of their species — survival is victory. Father David touched on this in his homily on Sunday and quoted the verse in 2nd Corinthians: We are hard pressed on every side, but not crushed; perplexed, but not in despair; persecuted, but not abandoned; struck down, but not destroyed. “Struck down but not destroyed” describes cicada existence pretty well. As for being “persecuted,” we Episcopalians have it pretty easy. Flocks of cicadas are carried by the wind over Manhattan and a few land in Central Park and some in flower pots on terraces and our persecution, believe me, is minimal.
Then I went forward for Communion and saw slight movement on Father David’s vestment sleeve as he held out the wafer to me and said, “The body of our Lord,” and I saw an insect on his extended thumb, perhaps a dying male, and he said, “Hang on,” which he’s never said before during Communion and I flicked the cicada away. “Thank you,” he said. “And also to you,” I said.
At my age, I no longer worry about Noah and the Ark and all those folks knocking on the door begging to be let in. I haven’t read Job in years. The city is noisy, the numerosity is staggering, crazy people yell at you, I don’t belong here but then neither do most of the others. And there have been times on the uptown C train, packed into a car with people on all sides standing within inches of each other and still not touching, avoiding eye contact, when I’ve thought, “We are all one in God and He loves us dearly,” and known it is true. It’s hard to explain this to Midwesterners. You have to be there.
Top Republicans on the Maricopa County Board of Supervisors blasted fellow Republicans pushing additional audits of the 2020 election results as conspiracy theorists and grifters. “We ran a bipartisan, fair election. That’s every piece of evidence that I’ve ever seen put in front of us,” said Clint Hickman, a Republican supervisor. “We are operating on facts and evidence presented to this board.” The county’s top election official, Stephen Richer, also a Republican, called new claims of irregularities from former President Donald Trump “unhinged.”
Many years ago, I met a woman who had had the kind of experience you ordinarily only find in fiction. As a young adult, she was in a serious car accident, resulting in a head injury. She suffered a period of total amnesia, followed by months of convalescence. When she recovered, she was never the same: Her family relationships weakened; she cut out former friends and found new ones; she moved halfway across the world; her interests and tastes changed; she became more outgoing and less self-conscious; she no longer cared much what other people thought about her.
Her parents always attributed these major character changes to her “bump on the head.” But she told me no—the injury had nothing to do with it. Rather, it was the recovery time, away from ordinary routines, that created a punctuation mark in the long sentence of her life. She had a unique opportunity to assess her priorities. She vowed to take nothing in her former life as given. She tore her beliefs and values down to the studs, and rebuilt them. And in so doing, she said, she became happy for the first time in her life.
This intriguing opening led me into an okay essay — an essay that might profitably be expanded.
I agree with the author that the pandemic had given a lot of us a chance for introspection, and even more broadly that Brookes undertakes.
Essential workers
Among the less imaginative "takes" on the pandemic are (1) how essentially nobody could self-quarantine for months in the last pandemic because "remote work" wasn’t feasible; (2) how scientific knowledge facilitated development of vaccines with astonishing rapidity, further lessening the effect of the pandemic.
What I think remains under-covered in the pandemic is about how the truly essential workers in our economy are those who must show up in person, including not only nurses (who have gotten a reasonable amount of good press), but grocery store cashiers, shelf-stockers (is that the gender-neutral term?), bus drivers, police, fire, paramedics. A lot of these people not only must show up in person, but must do so for a second full-time or part-time job to make ends meet.
Economists, especially of the Austrian school, will hate this, but I’ll say it anyway: a lot of these people are underpaid for the risks they took.
I think Kavanaugh got treated very badly on the supposed sexual misbehavior and that it was a mere understandable human lapse, poor form but not disqualifying, for him to have lost his cool at the end of all that indignity.
But his adolescent aspiration to become alcoholic got treated too gently. I avoided underage drinking (three or four lapses between 18 and 21, zero drunkenness) because it was illegal (kind of a litmus test for a future lawyer/judge, don’t you think?), and I’m pretty scornful of a guy who upholds the law for everyone but himself.
Doing real good versus limelight-grabbing
I recently started listening to Malcolm Gladwell’s Revisionist History podcast. When he’s good, he’s very good.
My Little Hundred Million, is very, very good. Just listening to it is instructive, but you could spend a lot of time thinking about other applications of the insights (Gladwell gives several).
Low-valence geezer
I resist bonding with fellow liberals because it gets to feeling too comfy, sitting and murmuring in unison about Mitch McConnell and how devious and evil he is, so I say, quietly, “The real problem is that he’s smarter than the others. There is an art to obstruction and he is an artist.” So they start unloading on Trump and I listen and then I put my oar in: “ Donald Trump is an original, nobody like him before or since. All the others, either party, are variants of a type, but Trump came along, boasting, wearing his contempt proudly, and enough people loved him for that to elect him. Other presidents took the job very seriously but he was more like a sultan or an emir. And here he is, the most admired man in America. Democrats approve of Biden; Republicans adore Trump. No comparison.”
This statement lets some air into the conversation. You sit around on a terrace with your fellow liberals and the conversation turns choral and my job is to soloize, offer dissent in a minor key ….
I now turn toward political matters. Don’t say I didn’t warn you.
Not worth the powder to blow them up
I would feel differently if NRO was a religious journal, especially if it were explicitly Roman Catholic, but somehow it smells exceedingly fishy when political journal National Review Online is constantly meddling in whether President Biden should be denied communion (Thursday’s installment) because of his support of legal abortion.
This is doubly so because "pro-life" Republicans haven’t really done a damn thing for the unborn beyond (a) confirming judges thought to be hostile to abortion, (b) proposing that Catholic Democrats be excommunicated. They’ve been playing pro-life voters for suckers. I wish I could remember the guy who first threw that in my face in 2002 so I could apologize for my hostile reaction. (They’ve been playing all social conservatives for suckers on all issues. Remember you heard it here first.)
Perhaps if the GOP truly does "permanently become the Party of the Working Class" (see below) that will change, but I wouldn’t bet on it considering its odd idea of who is "working class."
Trump > truth
The calculation was pretty straightforward: The need to stay on the good side of Trump voters and donors—which necessarily means staying on the good side of Trump—was greater than the need to tell the truth about January 6, the “big lie,” or Trump generally.
Staying on the good side of Trump is more important than truth-telling? You know what I say about that? Die, GOP, die!
Working Class Republicans
I have seen it suggested that most of the country doesn’t know who Liz Cheney is and that in a few months, nobody will remember or care about her ouster. There may be some truth in that. Heck, there may be a lot of truth in that.
I also recall confidently announcing that Election 2016 meant that some major political realignment was underway, and by that I meant
working-class voters migrating to the GOP
suburban soccer moms migrating to the Democrats and
other things beyond my imagination at that point (sort of implied by "major realignment").
Well, Kevin McCarthy wants the GOP to "permanently become the Party of the Working Class." (If you don’t know Liz Cheney or Kevin McCarthy, why are you reading?) That was kind of predictable, as one of the big stories of 2016 was how many had come on their own.
So the GOP got a real working man running for governor of Virginia (he typed with a smirk on his face). Read all about it in the first of three items here.
The ambiguous adjective 45 has earned, fair and square
I have never wavered on whether 45 (he who shall not be named) was a suitable President of the United States (or candidate, for that matter). But I think, considering his continued reach and inexplicable popularity, that I must allow him the ambiguous adjective "consequential."
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.
In 1998, when Walden Homes hired Gregory Ledbetter as a counselor for troubled boys at Spring House, a group foster home funded by Dane County taxpayers, he was already an experienced sexual predator.
Ledbetter had moved to Madison less than a year before, after escaping 43 charges of sexually molesting boys at a group home in Indiana. His new job afforded him fresh opportunities, and he took prompt advantage of them, as ‘Henry’ would soon find out.
Henry (a pseudonym, like all names of juveniles in this article) was 15 when he ended up at Spring House, on Madison’s near east side, in 1999. ‘Almost every night,’ Henry later told police, he went to Ledbetter’s apartment, where they would ‘smoke marijuana, play videogames and watch porno movies.’
Ledbetter manipulated Henry into sexual acts, as he had with many other boys before and after, according to hundreds of pages of police and court records reviewed by Isthmus. Sometimes Ledbetter would perform oral sex on the boys; other times it was anal sex. A camcorder next to Ledbetter’s bed recorded the encounters.
Then Ledbetter would return his victims to Spring House, where he was paid to make meals, lead group discussions and serve as a role model for boys who’d been abandoned and suffered from emotional and behavioral problems.
Ledbetter, 39, was convicted last year of molesting several Spring House residents, among other victims. His crimes were so heinous that a Dane County judge sentenced him to life in prison, rejecting Ledbetter’s offer to be castrated.
Strikingly, Ledbetter is not the only sexual predator hired in recent years by Walden Homes to support and nurture some of Dane County’s most vulnerable teenagers. Angela Kalscheur, 26, faces more than 40 years in prison on charges related to sexual acts with four boys at Spring House. She has admitted to the crimes and will likely strike a plea bargain to avoid trial, now set for Feb. 7.
Both cases highlight breakdowns in a system that is supposed to provide care for kids in government custody. Background checks obviously failed, since Walden hired Ledbetter despite a dangerous and troubled past. And staff supervision was so poor that both counselors were able to prey on multiple youths over many months.
The cases also reveal insufficient oversight of private facilities that operate with public money. Even after the fact, county and state officials failed to aggressively investigate how such crimes could have happened. County and state officials operated in isolation so extreme that county officials praise Walden for its oversight efforts while the state accuses Walden of malfeasance. And elected officials with oversight responsibilities were kept in the dark.
County officials stress the assurances they’ve received from state regulators that Walden is in compliance with licensing rules.
‘We have nothing to hide,’ says Lynn Green, Dane County’s director of human services. ‘I am going to stand behind the work we’ve done in this situation 100 percent.’
Adds Bob Lee, administrator for Dane County’s division of children, youth and family services: ‘We feel as badly or more badly than anyone that some kids did not have good experiences there. But the totality of the agency’s experiences with Walden Homes is what’s most important to us.’
That may not be good enough for local elected officials. County Supv. David Worzala, chair of the county’s Health and Human Needs Committee, was ‘astounded’ to learn of the abuse from Isthmus last week. County Supv. Barb Vedder, the committee’s vice chair, also professed ignorance: ‘I am surprised we weren’t told about this.’ (Charges in both cases drew media attention, but some accounts did not mention Spring House by name.)
This week Worzala launched an investigation into oversight of Walden Homes, which continues to annually receive about a million dollars in county funding.
‘My conclusion is it’s outrageous that this has occurred in group homes in Dane County,’ says Worzala. ‘These kids are in our care. They’re vulnerable, and we need to provide a safe environment.’
Where is the oversight?
Worzala, a member of the Dane County Board since 2004, doesn’t like to criticize county government. He uses the word ‘we’ when referring to it, and says he’s a ‘big fan’ of Green and her department.
But Worzala is at a loss to explain why he first learned of these incidents from a reporter: ‘I don’t know what to say. However, I will say this: Now I know about it, and it will be addressed.’
Next Tuesday, Worzala plans to call officials from Dane County and the state Department of Health and Family Services to account for their actions before his committee.
‘These are horrific cases,’ he says. ‘The system’s broken. We need to look at it. Clearly county and state oversight needs to be reviewed and discussed. We need to do something to make sure this never happens again.’
Walden Homes Ltd. is a nonprofit corporation that continues to run three group homes in Dane County: Coventry Group Home on the north side, and Horizon House and Thoreau House on the isthmus.
Dane County taxpayers have paid Walden $4.7 million over the past five years to care for children ordered into its group foster homes. A tax filing for 2004 shows county taxpayers, at $910,882 that year, were by far Walden’s largest source of income; next in line was the state Department of Corrections, at $44,550. The money went in part to Walden’s longtime director, George Nestler, who received a salary of about $90,000.
Nestler did not return repeated calls seeking comment on this article.
According to the tax filing, Walden Homes aims to provide ‘a stable, highly supervised group foster home environment’ for adolescents. But that’s hardly what it did for nearly a dozen of Dane County’s most troubled teens, who were victimized by these two counselors.
Indeed, records suggest that Spring House, 511 S. Ingersoll St., was a deeply troubled operation. Police have been called to the group home 151 times since 2000, often in response to neighbor concerns. Police logs reviewed by Isthmus show complaints about disturbances, thefts, damaged property, liquor law violations and general juvenile complaints. Other calls involved battery, drugs and an overdose.
‘There were police over there all the time,’ says Scott Thornton, who lives nearby. Neighbors also complained to state regulators about lax supervision. (Walden’s corporate office is located at 1102 Spaight St., just around the corner from Spring House.)
But the decision to close Spring House in June 2006 purportedly had nothing to do with child molestation or complaints from neighbors. Rather, Walden told the state it wanted ‘to make better use of our resources.’ Agrees Dane County’s Green, ‘It was purely a financial decision on their need to fill beds.’
From Indiana to Wisconsin
On Oct. 15, 2005, after being tipped off by a neighbor that Ledbetter, then 38, was having sex with a 16-year-old boy, Madison police executed a search warrant on his apartment. They discovered a jackpot of evidence in his bedroom: 150 videotapes stashed in a locked dresser drawer and a safe. The tapes, spanning more than a decade, were meticulously labeled with the boys’ names, ages and dates.
In letters and testimony to Dane County Judge Dan Moeser, Ledbetter and his parents traced his predatory pedophilia to his troubled childhood. They said Ledbetter had a sexual relationship with an older man when he was a teen. And, when he was around 17, his best friend committed suicide with Ledbetter’s shotgun after announcing that he was gay and being rejected by his family.
‘He gave me an ultimatum about him killing himself, and I didn’t stop him,’ Ledbetter wrote. ‘I carry that guilt with me for the rest of my life.’
‘Greg was never the same after that,’ his parents wrote. Following his own suicide attempt around this time, Ledbetter was committed to a mental hospital in Washington, D.C., where his sister lived, but was released after a few months when the insurance money ran out. ‘We regret to this day not keeping him institutionalized.’
Court records say Ledbetter graduated from Purdue University with an education and fine arts degree and worked as a student teacher in an elementary school. At about age 26, he began working at the Cary Home for Children in Lafayette, Ind. He was there for two years.
In January 1996, prosecutors charged Ledbetter with 43 counts of child seduction based on allegations from two group home residents.
According to Indiana police reports obtained by Isthmus, one boy said he had dozens of sexual encounters with Ledbetter between December 1993 and May 1995, when he was 16 and 17. It began with oral sex at Ledbetter’s parents’ house and escalated to anal intercourse, with the use of marijuana almost always preceding the sex. A second group home boy, 17 at the time, reported having at least 35 sexual encounters with Ledbetter.
Indiana newspapers reported that the allegations against Ledbetter were the second sexual allegations against Cary Home staffers in two years, and local politicians called for the firing of the home’s director.
The arrest also captured local headlines because Jerry Ledbetter, Greg’s father, was a city councilman who supported a local ordinance banning discrimination based on sexual orientation. The family said Ledbetter was arrested in retaliation for his father’s progressive politics, and spent $19,000 in legal fees fighting the charges.
In January 1997, prosecutors dropped the charges after Ledbetter’s defense attorney secured an affidavit from one of the boys, saying he made up the allegations.
Eight years later, Madison police would discover what Indiana police did not: videotapes of Ledbetter having sex with at least three boys from the Indiana group home.
From Spring House to prison
By 1998, Ledbetter had moved to Madison and was looking for a job. The Spring House group home had just opened, and it was hiring. Ledbetter’s first day was April 20, 1998.
Ledbetter had already spent at least five years preying on vulnerable boys in Indiana. Over the next 22 months, he was given regular access to troubled boys in Dane County’s care. He made the most of it.
Police reports and a detailed criminal complaint relate the accounts of several group home victims, including ‘Billy,’ who was 14 when the abuse began.
‘The situation has made things hard for me,’ he told a detective. ‘You know, it was hard to go on with my life.’
Henry, mentioned above, told police he once complained that Ledbetter would openly tell the boys in his care that he ‘loved to suck cock.’ Henry said Ledbetter let the residents ‘smoke dope and go wherever they wanted,’ for which he ‘expected something in return.’ Henry also said Ledbetter once showed him a .45 caliber handgun.
‘Jeff,’ who was 16 when he engaged in sexual encounters with Ledbetter at Spring House, told police he ‘felt obliged to do this with the defendant since the defendant was making their life at the group home fun.’
In February 2000, Ledbetter left Spring House. Over the next five years, records show he met other boys through his jobs at a Walgreen’s, a Blockbuster video store, a Marcus movie theater and a store in South Towne Mall.
One of these was a 16-year-old who, his mother told police, had brain damage stemming from childhood abuse and suffered from learning disabilities, cancer and cerebral palsy. Court documents offer a particularly disturbing summary of one videotaped encounter. The boy, who appeared to ‘act more like an 8-year-old than his own age,’ expressed ‘random thoughts regarding eating at Old Country Buffet and videogames and his mother and his curly hair’ during unprotected anal intercourse with Ledbetter.
Yet another boy told police that Ledbetter handcuffed him and used duct tape on his mouth before anally penetrating him.
It’s not clear from court documents and police reports how many boys Ledbetter molested during his eight years in Madison. Ultimately, Dane County prosecutors charged him with 92 felony counts of child sexual assault, enticement and sexploitation, relating to 10 boys.
In July 2006, Ledbetter was convicted following a plea agreement; he received a 90-year prison sentence. Under the state’s truth-in-sentencing law, he won’t be eligible for parole until he is 129 years old.
‘I am viewed more as someone who was over-punished and denied the right of rehabilitation as a sex offender,’ Ledbetter wrote to Judge Moeser in October from prison in Waupun. He now spends his days playing classical music on a piano, painting and drawing in his cell, and attending Alcoholics Anonymous meetings.
‘There’s things I need’
Angela Kalscheur graduated from Mankato State University in Minnesota in 2004 with a degree in criminal justice, records show. She interned at a center for juvenile sex offenders before Walden Homes hired her in November 2004 to work at Spring House.
Like Ledbetter, Kalscheur worked the 3 to 11 p.m. shift as an assistant counselor at Spring House. Her duties included preparing meals, supervising homework and leading group talks. And while she and Ledbetter likely never met, Kalscheur used many of the same strategies to entice boys into satisfying her sexual desires.
According to a criminal complaint, ‘Nick,’ then 15, arrived at the group home in March 2005 and quickly learned that Kalscheur was having sex with several boys; he later told police this was ‘common knowledge.’ Nick said he didn’t report Kalscheur because he used this information as leverage to extend his curfew and get an allowance without doing work. Once he walked in on Kalscheur having intercourse with ‘Joe,’ and was invited to participate.
Joe told police that within a week of arriving at Spring House in the spring of 2005, when he was 17, Kalscheur told him something to the effect of, ‘There’s things I need,’ then hugged him and put his hand down her pants. Joe estimated that he and Kalscheur had sexual contact about 35 times, including twice at her house.
A third boy, ‘Damon,’ told police that Kalscheur performed oral sex on him about five times, starting on his 16th birthday. He said he knew other residents were having sex with Kalscheur, and that she asked him not to tell because she could lose her job.
‘Just keep giving me head,’ Damon said he told her, ‘and you won’t need to worry about it.’
Kalscheur, the complaint says, regularly gave the boys alcohol and cigarettes. She also drove them to a location on the south side, where they bought marijuana. The boys would get high as Kalscheur returned to the group home.
In June 2005, another Spring House counselor had a chance meeting with a former resident, who told of sexual encounters with Kalscheur when he was at the home. The counselor reported the allegations to Walden Homes’ director Nestler, who, as required by law, reported the allegation to Dane County officials.
Kalscheur continued to work at Spring House for the next month, and was fired on July 27 on a matter unrelated to sexual abuse, county officials say.
On May 25, 2006, Madison police detective Dave Gouran spoke with Kalscheur at her home. After initially denying any wrongdoing, Kalscheur eventually admitted to having sexual contact with Joe, Nick and Damon, as well as other boys from the group home.
Kalscheur’s attorney, Eric Schulenburg, expects to reach a plea agreement in the near future, and will argue at sentencing that her crimes don’t merit prison.
‘To send her to prison is a crime, and there’s no need to make this two crimes,’ says Schulenburg, adding that he has trouble viewing the 16- and 17-year-old boys in this case as victims.
Appropriate action?
The unprecedented abuse at Spring House ‘ going back decades, county officials can’t remember another substantiated molestation case at a juvenile group home ‘ has local politicians worried.
‘Clearly, two makes a pattern,’ says Supv. Worzala. ‘The Ledbetter case is frightening. You’re talking about border hopping of predators. It’s unacceptable.’
But Dane County’s Bob Lee says that after learning of misconduct, local officials ‘did what was required’ and took ‘appropriate action.’ These actions included interviewing group home residents and attending Spring House staff meetings.
Regulating group homes, county officials stress, is the state’s responsibility. ‘The state is required to license and monitor. The onus is on them,’ says Marykay Wills, the county’s mental health and alternative care manager. ‘The state assured us that Walden did what they were supposed to do.’
But state officials and records provided to Isthmus undercut many of these claims and suggest that county officials either aren’t being forthcoming or remain uninformed as to the state’s apparently grave concerns about Walden Homes, both before and after these molestation cases came to light.
‘It is very likely that we would have taken the steps to revoke the license at Spring House if they had not voluntarily closed,’ says Stephanie Marquis, spokeswoman for the Department of Health and Family Services.
State officials accused Walden Homes of a ‘lack of cooperation with the department in its attempt to thoroughly investigate the allegations,’ according to a letter sent to Walden dated Oct. 25, 2006, written after Isthmus began making inquiries into the state and county’s handling of the matter.
That letter, and a follow-up (click HERE), allege that Walden staff members were told by a Walden supervisor and in a written memo not to cooperate with investigators. The letters criticized Walden’s management and accused Walden supervisors of overlooking complaints from other staff about Kalscheur’s behavior.
County officials are also apparently clueless as to the rules regarding background checks. Lee explains Ledbetter’s hire by saying ‘the state does not require out-of-state background checks. Now should they? Maybe. But they don’t.’
Marquis contradicts this, saying state law does indeed require out-of-state criminal background checks for any state in which an applicant may have lived in the past three years, information he or she is required to provide.
How Ledbetter passed his background check after being charged with 43 counts of child molestation at his last group home job may never be known. When state regulators sought to review Walden’s records, they discovered that ‘all terminated staff files and discharged resident files’ from Spring House had been destroyed by Walden’s director in December 2005. The destruction of these files occurred in the middle of police investigations into both the Ledbetter and Kalscheur cases.
State officials fined Walden $1,000 in the Kalscheur case, which Walden initially appealed. Walden dropped its appeal after it closed Spring House and moved its residents to Thoreau House, located around the corner in the same building as Walden Homes’ Spaight Street headquarters.
Walden Homes continues to reap county contracts for its three other group foster homes, into which troubled teens are regularly ordered. In 2006, Walden received $986,766 in county funding. Lynn Green, the county’s human services director, thinks the relationship is working well.
‘Walden has a long history of providing very good group home services in Dane County,’ she says. ‘They were one of the early group homes, and George Nestler has been with them 20-plus years. Hundreds if not thousands of Dane County kids have received excellent services from the Walden Homes system.’
I don’t hold a lot of grudges, but I hold a few related to this sorry case.
It’s not that “everyone knew” the Lafayette charges were true and that the local scribes were ignoring what everybody knew. I had spoken to one of the accusers professionally, and I wasn’t certain. One seldom is.
When the boys withdrew their accusations, I considered possible both that the charges had been false and that Defense counsel for Ledbetter had “gotten to” the accusers somehow. I wasn’t sure which.
My grudge is that the Journal & Courier didn’t know, either. Yet it wagged its corporate finger at everyone who believed (or dutifully investigated) the adolescent boys who accused Ledbetter, and turned a secret abuser into a martyred saint. Everyone should have had the Journal & Courier’s confidence that the charges were false, though the confidence was unwarranted and turned out to be false. I was at the very least adjacent to those the santimonious ink-stained wretches were excoriating.
My grudge also is that hiring an “out” homosexual to have unmonitored supervisory access to troubled adolescents (that’s the kind of facility that employed Ledbetter) of the same sex, whatever the written rules may have said, was recklessly in defiance of common sense — as it would have been reckless to hire a heterosexual to have unmonitored supervisory access to troubled adolescents of the opposite sex. This was not, in other words, a “freak accident.” It was completely foreseeable. More heads should have rolled than did (though Commissioner Nola Gentry’s replacement was a Marjorie Taylor Greene type, far inferior to Nola).
So my grudge, finally, is that not all “discrimination” is invidious (some is utterly sensible), and thus not all discrimination should be legally forbidden, as it increasingly is — and as the Journal & Courier supports.
You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.
Front page of my local newspaper, above the fold, is the news that "Racist post on County GOP Facebook elicits backlash."
The post was genuinely and frankly racist — no mere dog-whistle. And my former party is entirely too hospitable toward yahoos and atavists. But the County was Brown County, in Southern Indiana, roughly two hours from us. And it was a Facebook page, fer cryin’ out loud, where presumably any jackass, including enemies, can post.
This story’s placement was partly a function of the steep decline of my local paper and its increasing reliance on stories from other Gannett newspapers in Indiana (and from Gannett Corporate HQ). But we form our impression of the world from, well, glimpses and impressions left by things we generally have no time to analyze and blog about.
Politics can make people crazy, especially these days. For the latest evidence, consider its insidious spread to “Jeopardy!,” the game show heretofore loved by millions.
Last week Jeopardy! contestant Kelly Donohue put his index finger and thumb together in an “OK” sign, with three fingers extended, during the show’s introduction. Uh oh.
It seems some progressives are on constant watch for this gesture as a signal of white supremacy because it has allegedly been adopted by some extremist groups. Within a few days, hundreds of former Jeopardy! contestants signed an open letter explaining that Mr. Donohue’s gesture, “whether intentional or not, resembled very closely a gesture that has been coopted by white power groups.”
Mr. Donohue said he had signaled the number three because he had won the show three days in a row. He clarified his meaning in a Facebook post, but he apparently didn’t abase himself sufficiently in the view of the concerned game-show participants. “Most problematic to us as a contestant community,” they wrote, “is the fact that Kelly has not publicly apologized for the ramifications of the gesture he made.”
Mr. Donohue then posted a statement “regret[ting] this terrible misunderstanding” and condemning racism in all its forms. We hope, for his sake, that the latter declaration appeases the troubled sensibilities of the, uh, contestant community.
I have read that one of Jordan Peterson’s maxims in his new book is "Don’t apologize if you’ve done nothing wrong."
Keep em’ guessing
I have purchased a copy of Saul Alinsky’s Rules for Radicals in the full expectation that I’ll find much worthwhile in it (anyone who got an acknowledgment from Jane Jacobs in The Death and Life of Great American Cities can’t be all bad), despite the book’s bugbear status, alongside "George Soros," among the Right.
A line in the sand
I understand that language evolves. I reluctantly admit that usage (eventually) makes proper.
Generally.
But—usage be damned—I will never, ever, accept that "literally" means "I’m about to engage in wild hyperbole because I feel strongly about this."
Thank you.
Cancel culture and the GOP
There are huge divides within the GOP over whether or not cancel culture is a problem government has any role in solving.
J.D. Vance—the author and venture capitalist who is likely to enter Ohio’s U.S. Senate race in the coming weeks—urged Republicans to retaliate against businesses whose leaders met to coordinate responses to Republican-led efforts to change voting laws in states across the country. “Raise their taxes and do whatever else is necessary to fight these goons. We can have an American Republic or a global oligarchy, and it’s time for choosing,” said Vance, who declined to be interviewed for Declan’s story. “At this very moment there are companies (big and small) paying good wages to American workers, investing in their communities, and making it easier for American families. Cut their taxes. No more subsidies to the anti-American business class.”
Rep. Peter Meijer, a freshman Republican from Michigan, grew animated when presented with Vance’s comments. “How is that conservative? Where is there a fidelity to an underlying set of beliefs or principles other than just taking cues from the left and being inherently reactive?” he scoffed. “If you’re using the government to compel something you like, you’re setting the precedent for the government to be compelling something you don’t like. And the non-hypocritical approach is to just not have the government be a coercive entity towards those ends.”
…
Meijer agreed that Republicans have work to do on this issue, but not necessarily in statehouses or the Capitol. “The Overton window has kind of shifted to where the narrative that ‘Republicans are evil’ is not just unquestioned in many elements on the left, but in corporate America, too. And to me the broader challenge is how do we regain that credibility,” he said. “We’ve lost some credibility to be viewed as serious participants in larger cultural clashes. And if all we’re doing is talking to a Newsmax and OANN crowd, we’re not flexing those persuasive muscles to be able to win over voters in the center.
I have been consistently impressed by Peter Meijer so far a worthy successor to Justin Amash (and that’s saying a lot), while J.D. Vance sinks ever-lower in my estimation (he started mildly positive, because of Hillbilly Elegy). If the Republicans can come up with any effective, popular, constitutional legislation on cancel culture, you literally can knock me over with a feather I will be astonished.
Certified bleak — in a hopeful sort of way
We take it as our great privilege to enter an age wherein no stone remains on another. There is much to be gained amidst the dark ruins of a shattered word: Brokenness and desolation, so hopeless in the eyes of some, are invisibly pregnant with promise in the eyes of others. As we kick the opiate of material comforts, exit the temple of broken idols, and come to acknowledge that our culture is one of loud and benumbing noise, we finally stand on the threshold of encountering Truth. If one is not seduced back to numbness by the influence of contemporary life, this threshold positions one to apprehend truly (and even transcend almost completely) our dying world’s scaffolding – its logic, appearances, gross phenomena – and come to know by experience the spiritual, otherworldly life. Thus, when one loses all that is of apparent worth and modern society’s ugly face is unmasked, a search for the new, authentic life begins.
I was nurtured on stories as a child that contrasted Christ’s “non-judging” (“Jesus, meek and mild”) with Christ the coming Judge (at His dread Second Coming). I was told that His second coming would be very unlike His first. There was a sense that Jesus, meek and mild, was something of a pretender, revealing His true and eternal character only later as the avenging Judge.
This, of course, is both distortion and heresy. The judgment of God is revealed in Holy Week. The crucified Christ is the fullness of the revelation of God. There is no further revelation to be made known, no unveiling of a wrath to come. The crucified Christ is what the wrath of God looks like.
Contempt for the “working class” by North America’s “liberal educated elite,” is a major reason for his popularity, he says. “There aren’t very many people with an encouraging voice,”[Jordan] Peterson says. “Most of the things you read by intellectuals—not all, but it’s a failing of intellectuals—most of it is criticism. Look what you’re doing to the planet. What a detestable bunch of wretches you are, with your rapacious structures and your endless appetite and your desire for power. . . . Look at what your ambition has done to the planet. How dare you!”
Mr. Peterson doesn’t directly challenge the substance of these dreary criticisms. Rather he protests that they’re unnatural and unhealthy. “The proper attitude toward young people is encouragement,” he says—“their ambitions, their strivings, their desire to be competent, their deep wish for a trustworthy guiding hand. I think our culture is so cynical that it’s impossible, especially for the established intellectual chattering critics, to even imagine that encouragement is possible.”
When I ask what he thinks is driving the effort to destroy him and others who hold heterodox views, he diagnoses his persecutors as though they’re exactly the sort of young people who wander into his lectures or buy his books looking for structure and purpose. His admirers and his fiercest detractors are, in his mind, not so different from each other.
I can’t tell you how often … commenters on liberal blogs would preface a denunciation of Richard Dawkins by reassuring everyone that they themselves were agnostic or otherwise unaffiliated. “Of course Christianity isn’t literally true,” they would always say before excoriating arrogant atheists. What they never seemed to understand is that the “of course” was a more grievous insult to sincere Christians than Christopher Hitchens could ever come up with. What the atheists felt they needed to prove, the anti-atheists simply assumed away. They took as given that traditionally religious claims about the world were so ridiculous that they could dismiss them with a footnote. The difference is stark. Angry atheists think religion is wrong. Anti-angry atheist liberals think religion is not even wrong.
…
Since I begin writing about this topic – that is, since the very beginning, as the first thing I wrote online that more than a dozen people read was about being a certain kind of atheist – I have been known by religious people as a nice atheist, a respectful atheist. I am never sure how to feel about this condition. I still define my orientation the same way: that to come to atheism honestly and constructively you must come to it in loss and pain. You don’t accept atheism, when it is genuine. You surrender to it. Either way, I am an atheist. I think all metaphysical claims of religious are false. I think religion on balance has been a detriment to human life and human flourishing. And I think the gradual attrition of believers into nonbelievers, through apathy and distraction more than anything else, would be good for the world.
"I think all metaphysical claims of religious are false" is a sentence that may be worth my returning to some day, as the metaphysical content deBoer describes elsewhere in his essay is not true of all religion, and not (very) true of Orthodox Christianity. If I were being flippant, I could say "well, I don’t believe in that God, either."
Stake in the ground: Two sexes
Here’s what the science says: there are only two human sexes. That’s because there are only two types of gamete (the sex cells — egg and sperm). Humans (like all mammals) can develop along one of two pathways: towards making eggs (female) and towards making sperm (male). If anyone ever finds a third sex it would be a discovery on a par with finding a new continent — with a guaranteed Nobel prize. Until you see those headlines, you can rest assured there are exactly two sexes.
…
Biological sex exists and it matters — most obviously because the existence of the human race depends on it. You can’t make a human baby without a male and a female — yet the sex-denialists hardly ever mention reproduction. Which is odd since that’s precisely why sex exists.
“You are sitting next to the Fifth Avenue of Budapest,” he said, referring to nearby Andrassy Avenue. “The only people Western journalists ever seem to talk to live within a two-mile radius of this street.”
Later, as I was headed home from work, I thought about how someone could stand on Andrassy holding a sign saying, “Viktor Orban, Go To Hell,” and nothing would happen to them. What do you think would happen to someone standing on the corner of Fifth and 45th in Manhattan, holding up a sign saying, “Black Lives Matter Sucks,” or “Homosexuality Is A Sin”? …
But remember your catechism: countries like Hungary are the real illiberal democracies.
There has been talk in my neck of the internet about Prince Philip having reconnected with his Orthodox Christian roots, and here’s a sign, which I’m surprised hadn’t surfaced earlier, that he had:
There was one clear sign of this complex heritage during the funeral. Prince Philip had requested that, just before his body was lowered into the Royal Vault, the choir sing the famous Kiev setting of the Orthodox Kontakion of the Departed.
"Give rest, O Christ, to thy servant with thy saints: where sorrow and pain are no more; neither sighing but life everlasting," the singers chanted. "Thou only art immortal, the creator and maker of man: and we are mortal formed from the dust of the earth. … All we go down to the dust; and weeping o’er the grave we make our song: Alleluia, alleluia, alleluia."
Prince Charles also has frequented Mount Athos. One Athonite monk told The Guardian newspaper that there is "no question" that Charles is "Orthodox in his heart. Sadly, he is very constrained by his position." The Prince of Wales has maintained ties to the Vatopedi Monastery and, like his father, to the Friends of Mount Athos.
The older I get, and the more I learn about history, the more convinced I am that Western civilization committed suicide with World War I. The rubble is still bouncing from that unparalleled catastrophe.
The function that herbivores play, for example, in stimulating biomass accumulation is both powerful and real. Chickens have historically converted kitchen scraps into eggs. Pigs have historically scavenged domestic waste products as varied as whey, offal, forest mast, and spoiled grain. That a large percentage of landfilled material is animal-edible food waste should strike us as criminal. Rather than showering landfill administrators with greenie awards for injecting pipes into the anaerobic swill to collect biogas, we should be cycling all that edible waste through chickens and pigs so that it never goes to the landfill in the first place.
Food safety is completely subjective. I don’t think for a minute that most of what’s in the supermarket is safe. But it’s been deemed safe because it only kills you slowly. While thousands of people die due to unnatural food and nutrient-deprived food, the food police go after a cottage-industry cheesemaker because two people got diarrhea.
Chauvin Was Convicted. Something Is Still Very Wrong reminds me that I not only miss much of what Ross Douthat and David Brooks write these days by dropping the New York Times, but I also miss Elizabeth Bruenig (and Frank Bruni).
It’s tough when an institution is the pinnacle of professional ambition in a field yet has become boycottably corrupt.
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.
Four snippets over the past few days (several of the articles are months old, though) from people who were taking no guff.
From New York Magazine last November, on turmoil at the New York Times:
Twitter presented innumerable headaches, with reporters having to be chastised for being overtly political, or simply for sounding un-Timesian in their pursuit of likes and retweets. “There’s a very sad need for validation,” one Times journalist who has tweeted tens of thousands of times told me.
Some of the trickiest jounalistic questions have centered on what the Times is or isn’t willing to say. After [James] Bennet’s ouster, [A.G.] Sulzberger met with a columnist for the “Opinion” section who had expressed consternation about the decision. Sulzberger promised the columnist that the Times would not shy away from publishing pieces to which the Times’ core audience might object. “We haven’t lost our nerve,” Sulzberger said.
“Yes, you have,” the columnist told Sulzberger. “You lost your nerve in the most explicit way I’ve ever seen anyone lose their nerve. You can say people are still gonna be able to do controversial work, but I’m not gonna be the first to try. You don’t know what you’ll be able to do, because you are not in charge of this publication — Twitter is. As long as Twitter is editing this bitch, you cannot promise me anything.”
Let us not hedge about one thing. Donald Trump may win or lose, but he will never concede. Not under any circumstance. Not during the Interregnum and not afterward. If compelled in the end to vacate his office, Trump will insist from exile, as long as he draws breath, that the contest was rigged.
Trump’s invincible commitment to this stance will be the most important fact about the coming Interregnum. It will deform the proceedings from beginning to end. We have not experienced anything like it before.
Maybe you hesitate. Is it a fact that if Trump loses, he will reject defeat, come what may? Do we know that? Technically, you feel obliged to point out, the proposition is framed in the future conditional, and prophecy is no man’s gift, and so forth. With all due respect, that is pettifoggery. We know this man. We cannot afford to pretend.
Successful Substack writers continues to evoke envy, which tends to get expressed (in writing inferior to the Substack average) as addlepated moral outrage. Marxist blogger-turned-Substacker Freddie de Boer has had lots of thoughts about that, culminating most recently in this:
I hadn’t thought about the implications of some prominent Federalist Society members being implicated in the January 6 insurrection. But David Lat had thought about it quite a lot in the two weeks after:
The Federalist Society is a nonpartisan organization that does not — and cannot, as a 501(c)(3) nonprofit — endorse candidates for elective public office. It therefore has no official relationship with Donald Trump …
…
Unfortunately — and quite reprehensibly — several prominent FedSoc figures played roles in Trump’s baseless challenge to the 2020 election results, and therefore bear significant blame for the Capitol attack. Law professor John Eastman — chair of FedSoc’s Federalism and Separation of Powers practice group, and a frequent participant in Society events over the years — represented Trump in his (meritless and unsuccessful) attempt to get the Supreme Court to intervene in the election, urged Vice President Mike Pence to overturn the election results, and had a prominent speaking role at the rally that was the precursor to the riots. Senator Josh Hawley (R-Mo.) and Senator Ted Cruz (R-Tex.), two members of what conservative law professor John O. McGinnis once dubbed “the Federalist Society caucus” … led the charge in the Senate against certification of the election results, just hours after the horrific Capitol attack. In light of all this, a reckoning at the Federalist Society is in order.
…
So what should FedSoc do in the wake of the Capitol riots? …
First, and most obviously, the Society should no longer allow John Eastman, a prominent promoter of poisonous conspiracy theories about the election, to remain in leadership, as chair of the Federalism and Separation of Powers practice group …
Second, the Society should no longer host events with Eastman, Hawley, and Cruz …
Third, as a more general matter, the Federalist Society should try harder to steer clear of partisan politics. It should be non-partisan not just in name, but in spirit.
…
Of course, the larger and longer-term issue, not just for the Federalist Society but for conservatives, libertarians, and Republicans, is how much of their principles they are willing to sacrifice for power. Allying themselves with Donald Trump for four years got them tax reform, three Supreme Court seats, more than 200 lower-court judgeships, and all sorts of other goodies. But was it worth it?
… I am the last person to underestimate the importance of judges, but if you will allow me to close by paraphrasing Meatloaf, here is my bottom line:
“I would do anything for judges — but I won’t do that.”
The monasticism of the desert fathers is a major influence in Orthodoxy, and the Apophthegmata Patrum—the sayings of the fathers (and mothers) of the desert—range from remarkably practical advice to a startling sense of participation in the divine. Take these two selections, from Benedicta Ward’s translation in The Sayings of the Desert Fathers (Cistercian Publications):
Abba Pambo asked Abba Anthony, “What ought I to do?” and the old man said to him, “Do not trust in your own righteousness, do not worry about the past, but control your tongue and your stomach.”
Abba Lot went to Abba Joseph and said to him, “Abba, as far as I can I say my little office, I fast a little, I pray and meditate, I live in peace as far as I can, I purify my thoughts. What else can I do?” Then the old man stood up and stretched his hands toward heaven. His fingers became like ten lamps of fire and he said to him, “If you will, you can become all flame.”
Note the words, “the old man.” The idea is preserved in the Greek word for “an elder”—geron—still used of wise monks and spiritual directors, the idea being that it takes time and patience to get there.
…
At one moment, my friend pointed to where a group of young converts were sitting — all men and women in their twenties — and said to me, “Do you know why they are all here?”
“No,” I said, mindful that he had spent a lot more time talking to them than I had.
“They’re here because they came and found something deep, and real. They all came from Protestantism, which is falling apart. They were looking for something that they could stand firm on, that wasn’t going to collapse. They found it here.
“Look at me,” he went on. “Why do you think I’m here? Well, my wife and I came because you invited us, but we kept coming because we saw the same thing that they saw. That’s why we’re Orthodox. It’s real, more real than anything we had ever seen before.”
Note: Abba Joseph is extraordinary only by the low standards fallen humanity has set. Sub specie aeternitatis, he’s normal — what God intended humans to be. It’s just that the rest of us are severely disabled.
The real irony of this past century of innovation is that the modern innovators are perplexed by the outcome which they themselves conditioned. The global pandemic has exposed the irony. COVID is surging and the conditioners cannot understand why people will not simply listen to the experts. Of course, they have ignored the simple question: which experts ought we to listen and why ought we to listen? You cannot derive an ought from an is. The entire foundation of their worldview is instinct, and they have built an entire ethic upon it. However, instincts are the “is” and they desperately want for us to derive from instinct their desired “ought.” Their answer to the question, why, is the paternalistic response, “because I said so.”
We decry the rise of QAnon and wonder aloud why people can no longer think critically. The conditioners built a system which rendered useless the very critical thinking for which they now plead. If there is no universal objective value, then by what measure do we think critically? We have access to endless facts and no mind with which to critique them. How can a student solve a math problem if conditioned to believe that 2+2 has no solution which is transcendent of and objectively discoverable by the pupil’s mind? Universal subjectivity of all truth has no limiting principle. In Lewis’ day, the conditioners came for language. The deconstructionists finished in the 70’s the work begun by Lewis’ contemporaries decades before. Now, the conditioners have come for everything. Subjectivity in biology. Subjectivity in mathematics. Each man is to follow his instincts. Each man has become his own epistemological center. Perception is reality.
Lewis foresaw this inevitability nearly 80 years ago. Now, in the midst of political polarization, rampant conspiracy theorizing, a global pandemic, racial injustice, and economic uncertainty, our conditioners make demands of the polis which they themselves have made impossible. “Follow the science!” “Trust the election officials!” “Do not fall prey to conspiracy theories circulating on social media!” C.S. Lewis provides the response to such demands, “In a sort of ghastly simplicity, we remove the organ and demand the function. We make men without chests and expect of them virtue and enterprise. We laugh at honour and are shocked to find traitors in our midst. We castrate and bid the geldings be fruitful.”
Similar agencies of deceit, militarism and imperialism now robustly use this same branding tactic. The CIA — in between military coups, domestic disinformation campaigns, planting false stories with their journalist-partners, and drone-assassinating U.S. citizens without due process — joyously celebrates Women’s Day, promotes what it calls The Agency Network of Gay, Lesbian, Bisexual, and Transgender Officers (ANGLE), hosts activities for Pride Month, and organizes events to commemorate Black History Month. The FBIdoes thesame.
It’s so sweet that one is tempted to forget about, or at least be more understanding of, all the bombing campaigns and all the dictatorships they install and prop up that repress and kill the very people that they purport to honor and cherish. Like the GCHQ, how menacing can an intelligence agency be when it is so deeply and sincerely supportive of the rights of the people they routinely spy on, repress and kill?
Again, this does not make the CIA perfect — sure, they make some mistakes and engage in some actions that are worthy of criticism — but to combat real evil, you do not go protest at Langley. They are engaged in important work combating homophobia, racism and misogyny. Thus, real warriors against evil look not to them but instead go searching online for the Boogaloo Boys and boomers on Facebook who post Q-Anon and other problematic memes. That is where your focus should remain if you want to root out the real threats.
Large corporations have obviously witnessed the success of this tactic — to prettify the face of militarism and imperialism with the costumes of social justice — and are now weaponizing it for themselves.
Glenn Greenwald has quickly become one of my indispensible Substack subscriptions. He’s got a fabulous crap detector (sometimes it almost seems like a death wish), and you can’t even distract him by playing “woke” on liberal groin pieties.
Greenwald puts all the big-name media to shame with their lazy facilitation of diversionary tactics by woke capital and governmental power centers. They’re too busy chasing stick figures and, increasingly, simply making stuff up, to really speak truth to power.
I did an interview today with someone in London whose final question contained within it a statement. He said that he is a “cultural Christian” — he doesn’t believe, but he considers himself an ally of the church, and wants to see it thrive. He told me that more and more, he’s having conversations with people who aren’t believers, but who “are saying things now that they never would have said.” He explained that they are saying that the insanity overtaking our civilization has them thinking maybe they should look closer at the Church, and be more than fellow travelers.
I was taken aback by that remark … I [brought] up Auden’s return to Christianity after going to the movie in Manhattan … The English poet was living in New York when the Germans invaded Poland in 1939. He went to see a movie at a theater in the Yorkville neighborhood of Manhattan, which was heavily German at the time. As a newsreel showed images of German troops brutalizing the Poles, members of the audience stood and began screaming bloody murder, demanding the slaughter of Germany’s enemies.
Auden left shaken, and resolved to return to the faith. Only the Christian faith could muster the force to defeat evil so pure, he reckoned.
Maybe that’s what’s going on with people like my interviewer. Maybe they see that things are falling apart quite rapidly, and are feeling in their bones that they can no longer be free riders on what Christianity has built. I told the man that he could not believe because it seemed like a good thing to do, or because it supported the right things. Jesus is either Lord, or he’s not. But I told him that Christ stands at the door of his heart, and knocks.
I have no particular bone to pick with Dreher’s response to this remark, but I think I would have been less taken aback by it. In fact, my reflex would probably be "what an opportunity for the Church!"
That would be my reflex because I spent nearly 50 years in Christian traditions that were obsessed with numerical growth, and we were always tempted to generate it with gimmicks. In other words, my response would be perverse.
Every church loves to get new members, of course, and I would be thrilled if American turned en masse toward Christian Orthodoxy.
But if it were up to me, I would try to structure Orthodox Christian catechesis in a way that would flush out real versus notional (or even ulterior) conversions to the Orthodox Christian faith.
Here’s the sort of thing I’m concerned about.
In 2016, Matthew Heimbach was excommunicated from the Orthodox Church, which he apparently had joined because of what he thought was an ideological traditionalism. Matthew Heimbach is a pretty nasty piece of work.. In fairness to the Southern Indiana parish that received him into the Church, I don’t think they remotely saw such a thing coming, and he wasn’t even nominally Orthodox for very long before they found out and took care of it.
Any number of people who (understandably) have problems with developments in the Episcopal Church (or other Protestant Churches) express interest in the Orthodox Church, when what they really want is a nostalgic, early 20th-century version of the tradition they’re pissed off at. Maybe Orthodoxy would work out for them in the end (i.e., they’d be drawn into something they never imagined when they switched), but even our Western Rite Liturgies are expressing a much different faith than anything in Western Christendom.
Joining a Church because of concern over "the insanity overtaking our civilization" could work out, as it apparently did for Auden, but I fear it would further politicize the Church rather than making solid Christians of the new members.
I had a client once, a genteel Episcopalian Republican, who was disgusted with the political liberalism in the Episcopal Church, and kept expressing, on her own behalf and that of a like-minded friend, interest in my Orthodox Church. In my notional catechesis, anyone like that who came and sought catechesis would be kept in catechesis until they reached the point where they wanted to be Orthodox because that’s where they find Christ. That’s the only valid reason for an adult conversion.
Words cannot convey how chilling and authoritarian this all is: watching government officials, hour after hour, demand censorship of political speech and threaten punishment for failures to obey. As I detailed last month, the U.S. Supreme Court has repeatedly ruled that the state violates the First Amendment’s free speech guarantee when they coerce private actors to censor for them — exactly the tyrannical goal to which these hearings are singularly devoted.
There are genuine problems posed by Silicon Valley monopoly power. Monopolies are a threat to both political freedom and competition, which is why economists of most ideological persuasions have long urged the need to prevent them. There is some encouraging legislation pending in Congress with bipartisan support (including in the House Antitrust Subcommittee before which I testified several weeks ago) that would make meaningful and productive strides toward diluting the unaccountable and undemocratic power these monopolies wield over our political and cultural lives. If these hearings were about substantively considering those antitrust measures, they would be meritorious.
But that is hard and difficult work and that is not what these hearings are about. They want the worst of all worlds: to maintain Silicon Valley monopoly power but transfer the immense, menacing power to police our discourse from those companies into the hands of the Democratic-controlled Congress and Executive Branch.
And as I have repeatedly documented, it is not just Democratic politicians agitating for greater political censorship but also their liberal journalistic allies, who cannot tolerate that there may be any places on the internet that they cannot control. That is the petty wannabe-despot mentality that has driven them to police the “unfettered” discussions on the relatively new conversation app Clubhouse, and escalate their attempts to have writers they dislike removed from Substack. Just today, The New York Timeswarns, on its front page, that there are “unfiltered” discussions taking place on Google-enabled podcasts:
New York Times front page, Mar. 26, 2021
We are taught from childhood that a defining hallmark of repressive regimes is that political officials wield power to silence ideas and people they dislike, and that, conversely, what makes the U.S. a “free” society is the guarantee that American leaders are barred from doing so. It is impossible to reconcile that claim with what happened in that House hearing room over the course of five hours on Thursday.
Glenn Greenwald. This is the conclusion to the latest of Greenwald’s very, very good work on the specter of government-coerced "private" censorship on the internet.
3. Real creativity will die out. Instead, we shall get a multitude of mediocre pseudo-thinkers and vulgar groups and organizations. Our belief systems will turn into a strange chaotic stew of science, philosophy, and magical beliefs. “Quantitative colossalism will substitute for qualitative refinement.” What is biggest will be regarded as best. Instead of classics, we shall have best-sellers. Instead of genius, technique. Instead of real thought, Information. Instead of inner value, glittering externality. Instead of sages, smart alecs. The great cultural values of the past will be degraded; “Michelangelos and Rembrandts will be decorating soap and razor blades, washing machines and whiskey bottles.”
Morris Berman, discussing Pitirim Sorokin’s predictions on the collapse of our sensate culture, in 2012.
Tipsy Teetotaler ن 