Category: Legalia

Summer Solstice

Israeli ingenuity

As news circulated about the stupendous success of Israel’s attack on Iran, my first thought was that if you told me Mossad had figured out a way to part the Red Sea, at this point I’d believe you. The feats of intelligence and ingenuity that Israel has managed over the past year at the expense of Iran and its proxies would seem far-fetched as fiction, but here we are. It’s reassuring to see a Western nation demonstrate such competence as the United States descends into malevolent dark-age populist anarchy.

Nick Catoggio

Speed-reading

60 or so years ago, I took “Evelyn Woods Reading Dynamics” (a current version here) to increase my reading speed. After teaching us a technique for dragging our eyes down a page via a hand movement, they said “Resolve that from now on you’ll never read without this.”

I said to myself “The day I speed-read the Psalms that way would be a very sad day.”

I recently installed a browser extension to generate AI summaries of the current browser tab. It is saving me quite a bit of time on humdrum news and opinion.

But the day I settle for a structured outline of Nick Catoggio (or Kevin D. Williamson) instead of reading their own sprightly writing will be pretty sad, too.

Skrmetti

Experts

The Court rightly rejects efforts by the United States and the private plaintiffs to accord outsized credit to claims about medical consensus and expertise. The United States asserted that “the medical community and the nation’s leading hospitals overwhelmingly agree” with the Government’s position that the treatments outlawed by SB1 can be medically necessary. … The implication of these arguments is that courts should defer to so-called expert consensus.

There are several problems with appealing and deferring to the authority of the expert class. First, so-called experts have no license to countermand the “wisdom, fairness, or logic of legislative choices.” … Second, contrary to the representations of the United States and the private plaintiffs, there is no medical consensus on how best to treat gender dysphoria in children. Third, notwithstanding the alleged experts’ view that young children can provide informed consent to irreversible sex-transition treatments, whether such consent is possible is a question of medical ethics that States must decide for themselves. Fourth, there are particularly good reasons to question the expert class here, as recent revelations suggest that leading voices in this area have relied on questionable evidence, and have allowed ideology to influence their medical guidance.

Taken together, this case serves as a useful reminder that the American people and their representatives are entitled to disagree with those who hold themselves out as experts, and that courts may not “sit as a super-legislature to weigh the wisdom of legislation.” … By correctly concluding that SB1 warrants the “paradigm of judicial restraint,” … the Court reserves to the people of Tennessee the right to decide for themselves.

Justice Clarence Thomas, concurring in U.S. v. Skrmetti, via Eugene Volokh (citations omitted).

Strategic error

Representative Sarah (formerly Tim) McBride (D., Del.), the first transgender member of Congress, has admitted that the Democratic Party moved too quickly on pushing transgender issues. The lawmaker believes the left “went to Trans 201, Trans 301, when people were still at a very much Trans 101 stage.” Yet the representative still fails to understand the root of the problem: The left’s strategy on transgenderism failed because the left is wrong on transgenderism. Men cannot become women. Pretending like accepting the most outré claims of transgenderism is achievable through taking higher-level classes won’t change that. Besides, Americans are increasingly uninterested in enrolling in such courses. Polls show that support for so-called gender-transition procedures for children has declined, and Americans believe that trans people should use the bathroom that matches their sex, not their “gender identity.” The activists’ problem isn’t that they have failed to finesse their message; it’s that they have failed biology.

National Review Weekly email

The Barbarian Right

For many of the conservatives who embraced it—myself included—the Trumpian moment promised a more populist, pro-worker GOP. Yet the latest iteration of Donald Trump has dashed these hopes, playing down the themes that propelled his 2016 campaign, and sounding more and more like a conventional Republican nominee—only more erratic.

In the realm of right-wing ideas, meanwhile, something far grimmer is afoot: the rise of a cohort of writers, pseudo-scholars, and shitposters dedicated to reviving some of the darkest tendencies in the history of thought, including the idolatry of strength (as cartoonishly personified by the likes of Andrew Tate); the notion of supposedly “natural” hierarchies; IQ-based eugenics; overt racism and antisemitism.

Call them the Barbarian Right: The master subject of this worldview is the Nietzschean barbarian or “aristocrat of the spirit” who overthrows the egalitarian—and essentially feminine—structures that have long shackled him, restraining his yearning for adventure and excellence. Nazi apologia is par for the course.

Sohrab Ahmari

Christian Nationalist crackup

“Political idolatry,” he observes, “assumes worship, and worship assumes some kind of confidence in the thing being worshiped,” but few of the people obsessively following politics have much real faith in it anymore. It has become for many a kind of spectator sport, or live-action role-playing, far easier to participate through digital media, yet harder to take seriously. There is a performativity to our culture wars now that I suspect was not there in the 90s.

…

Over the past six months, I have observed two communities of discourse. One, which I’ve observed as a bemused spectator, is the increasingly inane conversation of Very Online Christian Nationalism. Much of this discourse had long since descended into self-parody, but the loss of a clear and present common enemy after Trump’s victory swiftly accelerated the splintering of the movement. At time of writing, many of the movements principles were publicly devouring one another over whether, and to what extent, one should blame the Jews for the moral rot of modernity.

Brad Littlejohn, The Resilience of America’s Hybrid-Enlightenment, Mere Orthodoxy (magazine) Winter 2025.

I’m reminded of how the New Atheists, having gathered around the non-existence of God, found that they had nothing else in common and dispersed again. I suspect the MAGA Right has nothing in common beyond worship of our Orange Sun King.

Golden Age

Kevin Roberts (Heritage Foundation, Project 2025) and Kellyanne Conway went north to Canada to take the affirmative on the debate question “Is this America’s Golden Age?.” It was shared with permission on the Ezra Klein show because Ezra was one of the debaters taking the negative.

Roberts and Conway beclowned themselves and offended the audience (e.g., mentioning Canada’s possible status as a 51st state) and then complained that the debate was rigged when they drew audible disapproval and contempt.

In my estimation, the negative side “chewed them up and spit them out,” but I grew too impatient and mortified at our national debasement to wait for the audience’s verdict.

Whence innovation?

Musical innovation tends to happen at crossroads and port cities. It’s spurred by outsiders not insiders. It rises from centers of multiculturalism and diversity—where different ideas come together.

The ruling class recognizes this, but it takes about 40 or 50 years. So fifty years elapse from Bob Dylan emerging as a rebel critic of the system, to becoming a Nobel Prize laureate. Almost fifty years elapse between Mick Jagger getting censored and becoming Sir Mick Jagger, an honored knight.

You eventually have this process of legitimization but the new style always starts on the outskirts—in the port cities and border cities.

…

Because of the internet, every place is now a port city.

Ted Gioia. So Ted thinks the venture capitalists in entertainment are at a dead end with sequels, prequels, and every other “do-it-again-and-again” strategy.

The slippery euthanasia slope

[A] justification for suicide that emphasizes the cry for help that medicine can’t answer, the need for control over the uncontrollable, the desire to cure suffering that doctors can’t relieve, will struggle to maintain terminal illness as a special category. There are just too many people in this exceptional position but with no endpoint to their pain.

Ross Douthat, Why the Euthanasia Slope is Slippery

Nellie snippets

  • Meanwhile, in the U.S. of A., Whoopi Goldberg says that being black in America is worse than being a woman in Iran. Here was The View co-host Alyssa Farah Griffin: “I think it’s very different to live in the United States in 2025 than it is to live in Iran.” Whoopi retorted: “Not if you’re black.” Alyssa, have you possibly considered sitting your ass down and letting Whoopi speak her truth? The only place worse than Iran to be a woman might well be the panel on The View. I’ll take the veil over fighting with Joy Behar about DEI any day of the week.
  • Asked about Tulsi’s earlier testimony on Iran, Trump said simply: “I don’t care what she said.” All jobs under Trump are fake. All titles are fake. He makes decisions alone, meditating in the comforting glow of Fox News, turned up to the highest volume. He gets vibes off Truth Social. He asks an empty Diet Coke can if she ever heard the wolf cry to the blue corn moon. He throws a groundhog in the air and sees if it lands on the bunker buster button. He shakes Marco Rubio and turns him upside down, and if the coins that fall out of his pockets land on heads, we’re going in.
  • Fascinating new scams: The Trump Organization announced it plans to sell a $499 smartphone, with a gold-colored, T-engraved case, set to be released this year. Trump Mobile will also offer a phone plan for $47.45 per month. The 47 Plan. What will the Golden Trump phone do? How bad will reception be? Who will it call? Will it automatically block my lib friends (Bari)? When it comes out, we’ll do an unboxing just for TGIF. In some ways, the Trump family are artists, true creatives. Week after week they come up with scams I’ve never imagined.
  • Obsessed with this mysterious Trump aide: Sergio Gor, director of presidential personnel, is one of the most powerful figures in the White House, responsible for vetting all potential employees—around 4,000 executive branch staff. But a recent report found that he himself was never vetted. Gor has not submitted Standard Form 86, or SF-86, a set of questions required of all those government employees who, like him, need security clearances. The form inquires into foreign connections and birth countries—and Gor, who claims to be from Malta (though Maltese officials could not confirm this), has mysterious origins and declined to provide his birthplace when the New York Post asked, which is apparently something people working in government can do. He also advocated to end the use of the SF-86 when hiring government employees. The man in charge of vetting new Trump admin employees is not vetted (poetic, isn’t it?). And he’s in the job now, specifically campaigning against vetting government employees. I desperately need to know more about Sergio. I need a movie about Sergio (which is absolutely not his real name).

Nellie Bowles, TGIF

Miscellany

Prerequisite

In order for a boy to believe he is a girl, he must first be taught that there is a wrong way to be a boy.

Sam Morgan via Andrew Sullivan

Schooling

In a schooled world the road to happiness is paved with a consumer’s index.

Ivan Illich, Deschooling Society

Obsessives

Henry Longfellow, who made a return visit to Paris in 1836, loved the crowds as much as anything about the city. When a friend from home, accompanying him on a walk, showed no interest in the passing parade, but insisted on talking about predestination and the depravity of human nature, it was more than Longfellow could bear.

David McCullough, The Greater Journey

Your enemies are not demonic, and they are not all-powerful and the right hasn’t always lost and the left hasn’t always won. But if you convince yourself of that, you give yourselves all sorts of permission to do a lot of stupid and terrible things under the rubric of “Do you know what time it is?”

Jonah Goldberg.

Trumpism can be seen as a giant attempt to amputate the highest aspirations of the human spirit and to reduce us to our most primitive, atavistic tendencies.

David Brooks

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my reflexive stuff, especially political here. (b) I also post some things on my favorite social medium.

June 11, 2025

Culture

Beauty

Many catholic young people should have arrived at Chartres Tuesday or Wenesday, having averaged about 20 miles a day in pilgrimage since leaving St. Sulpice in Paris on Sunday:

I spoke with a 32-year-old American priest who was there with a group of teenage boys from his local high school. He talked about the appeal of the old mass, and Catholic tradition, to kids today. They had been earlier on a retreat at the traditionalist Benedictine abbey of Fontgombault, and he said these American boys had been blown away by what they had seen and done there. The priest predicted that they were going to be overwhelmed by the beauty of Chartres. He said that most American boys their age have already seen the worst of humanity in hardcore porn, before they have ever seen real beauty. So Chartres is going to be a revelation for them.

Rod Dreher, Surprising Hope in the Streets of Paris (bold added)

What a thought! There is precious little “real beauty” around us in the USA, especially real manmade beauty. But there’s plenty of rot.

A part of the American ethic

Take, for instance, when the doctors were asked whether they would go to court to override the parents’ wishes if the child did not have Down Syndrome. They responded unanimously that they would, and they gave the following rationale: “When a retarded (sic) child presents us with the same problem, a different value system comes in; and not only does the staff acquiesce in the parent’s decision to let the child die, but it’s probable that the courts would also. That is, there is a different standard. . . . There is this tendency to value life on the basis of intelligence. . . . [It’s] a part of the American ethic.”

Justin Hawkins, Dignity Beyond Accomplishment – Mere Orthodoxy (bold added)

Sexual stereotypes

Popular sites like What to Expect verify that some aspects of child development differ by gender, yet even such sites advise parents to try to equalize or neutralize the differences. We’re so influenced by the Gender Ideology that we don’t seem to consider the possibility of embracing the children’s own preferences for activities that are “stereotypically” male or female.

Jennifer Roback Morse, The Sexual State

I do not recommend this book. How little did I like it? Enough that having read it when considering a conference where the author was a keynote speaker, I forewent the conference.

But it’s hard to write a whole book without an observation or two that’s both accurate and temperately made.

I am also adamant that breaking sexual stereotypes is not a sign that one is “in the wrong body.”

Marriage today

… marriage American-style, an obligation easier to walk away from than student loans or credit card debt …

Kevin D. Williamson, Husbandry Matters

Custom

I’ve been watching enough BritBox to reflexively view Elon as in the driver’s seat.

AI

Yeah, everybody’s got to prattle about AI as the topic du jour for countless jours now. I’ll try not to be anodyne or banal.

The rule of Nobody

What with expectations that AI will become our new deity, coupled with the profit motive and AI hallucinations, Matthew Crawford returns to a variation on the theme that first made him famous 16 years ago:

In the year of our Lord 2025, getting things done often requires finding, not the recent hire who just reads through the prompts on his screen and is trapped in the same hall of mirrors as you, but the guy or the gal with enough institutional knowledge to be able to thwart the system.

AI will get rid of those people. What then? The dystopia I fear is not one in which superintelligent machines achieve self-awareness and wipe out the human race, it is the prospect of a tightening grid of dysfunction and paralysis, achieved through the final victory of “the rule of Nobody,” to borrow a phrase from Hannah Arendt. The Nobody cannot be addressed.

Oh sure, there will probably still be a counter you can walk up to, with a very charming robot-lady behind it. Detecting the emotional register of your voice, she will express empathy for your plight. “I understand this can be frustrating. Let me see what I can do.” But this will turn out to be just a creepier version of “your call is important to us,” which is Business English for “fuck off, we don’t want to talk to you.”

Your call is important to us…. This post was remarkably persuasive to me, with a dandy analogy from “work-to-rule slowdowns” in labor disputes.

Language no longer implies thinking

LLMs (the so-called AI process) are impressive probability gadgets that have been fed nearly the entire internet, and produce writing not by thinking but by making statistically informed guesses about which lexical item is likely to follow another …

People have trouble wrapping their heads around the nature of a machine that produces language and regurgitates knowledge without having humanlike intelligence. The authors observe that large language models take advantage of the brain’s tendency to associate language with thinking: “We encounter text that looks just like something a person might have said and reflexively interpret it, through our usual process of imagining a mind behind the text. But there is no mind there, and we need to be conscientious to let go of that imaginary mind we have constructed.”

…

Witness, too, how seamlessly Mark Zuckerberg went from selling the idea that Facebook would lead to a flourishing of human friendship to, now, selling the notion that Meta will provide you with AI friends to replace the human pals you have lost in our alienated social-media age.

Tyler Austin Harper, What Happens When People Don’t Understand How AI Works

Enough

The question with which to start my investigation is obviously this: Is there enough to go round? Immediately we encounter a serious difficulty: What is “enough”? Who can tell us? Certainly not the economist who pursues “economic growth” as the highest of all values, and therefore has no concept of “enough.” There are poor societies which have too little; but where is the rich society that says: “Halt! We have enough”? There is none.

E.F. Schumacher, Small Is Beautiful

Denying our Civil Religion

America has a civil religion that is the equal of any other religion. “Why something so obvious should have escaped serious analytical attention is in itself an interesting problem.” If American nationalism is so obviously a religion, in other words, why do we deny it? Bellah posits that conservative religious groups deny it because they believe that Christianity is, in fact, the national religion. As recently as the 1950s they proposed a constitutional amendment recognizing the sovereignty of Jesus Christ. Secularists deny that America has a civil religion because they do not believe the nation-state does or should have anything to do with religion.

William T. Cavanaugh, The Uses of Idolatry

Short-form social media

[W]hether on Twitter or Bluesky, there are five major varieties of short-form social-media post:

  • “Here is some information”
  • “Look at how funny I am”
  • “Look at how stupid my enemies are”
  • “Look at how smart my allies are for pointing out how stupid my enemies are”
  • “Hello total stranger! You’re an idiot”

Obviously, posts in the first category are useful; posts in the second can be enjoyable when the poster actually is funny; and the remaining three are poisonous.

(Alan Jacobs)

Sorta political

Henry and Thomas

Each of Henry II and Henry VIII had a Thomas, Becket and More respectively, who were martyred for their resistance to totalitarian pretentions:

Washington has passed a law requiring that Catholic [also Orthodox, I’m sure, though with progressives one never knows] priests report certain sexual crimes that might be communicated to them in the confessional …

What Henry II and Henry VIII could not live with was the idea that there were centers of power independent of the state—that the power of the king was limited. Americans supposedly cherish the notion of limited government and insist that we would abide no king, but we are in most things perfectly happy to let presidents behave as though they were Louis XIV—as long as they are doing what we want them to do, or at least as long as they are irritating and discomfiting those we regard as our rivals and enemies.

…

If you cleave to a political philosophy holding that there is nothing outside of the state, then you are a partisan, however well-meaning, of absolutism and totalitarianism. Not every totalitarian temptation indulged leads directly to 1984. … There are many stops, many way stations, and (one prays) many off-ramps along the road to serfdom. But allowing the state to shove its stupid snout into the confessional is a big step in the wrong direction. It is one that should be resisted not only by litigation but also through civil disobedience, if necessary.

You may have heard these famous lines from Cardinal Francis George, the late archbishop of Chicago, envisioning life under such totalitarian assumptions:

I expect to die in bed. My successor will die in prison. And his successor will die a martyr in the public square. His successor will pick up the shards of a ruined society and slowly help rebuild civilization, as the church has done so often in human history.

The cardinal’s words had more impact than he intended: “I was responding to a question and I never wrote down what I said,” he later said about his famous statement, “but the words were captured on somebody’s smartphone and have now gone viral.” But his views were no less dramatic when expressed in less dramatic language: “The greatest threat to world peace and international justice is the nation state gone bad, claiming an absolute power, deciding questions and making ‘laws’ beyond its competence,” he later wrote. And his actions bore out his convictions: When the state of Illinois insisted that funding for adoption and foster care providers would be restricted to those that agreed to provide services to same-sex couples, the cardinal, with regret, instructed Catholic Charities to refuse to comply, and the archdiocese eventually discontinued those services. That is the totalitarian tendency at work: The question wasn’t whether there would be 500 adoption agencies that serve same-sex couples but whether the 12.7 million people of Illinois could tolerate one that did not.

Kevin D. Williamson, The Totalitarian Tendency and the Confessional

For what it’s worth: How do the bien pensants of Washington expect that a violation of this law will ever be discovered?

Department of Justice crashes

The Administration’s bad faith comes home to roost already.

Can’t be bothered to learn

Elon Musk’s disinterest in learning the first thing about government, combined with his enthusiasm for performatively cutting the parts of it that irked him politically (in at least some cases because he has become a deranged conspiracy theorist), led him to eviscerate USAID, and to brag about it on Twitter:

We spent the weekend feeding USAID into the wood chipper.

Could gone [sic] to some great parties.

Did that instead.

This decision led and will continue to lead to a heartbreaking amount of suffering and death — to children and babies dying because they were cut off from access to, for example, U.S.-provided peanut paste (cost: $1 a day). One statistical model published by a Boston University public health researcher projects that Musk’s cuts will cause hundreds of thousands of child deaths. I have not looked closely into that model, but let’s say its estimate of 300,000 is off by a massive amount and Musk’s actions only led to 75,000 deaths. Was it worth it?

I don’t think Elon Musk woke up one day and decided to starve some Yemeni children to death. Rather, I think he couldn’t be arsed to learn the details of what he was doing, and instead succumbed to conspiracy theories about USAID (the drug use can’t have helped here), until he really did convince himself USAID was “a criminal organization” that needed to “die.”

Jesse Singal

Bro, you gave up a podcast. And you’re not divorced. Or separated.

It is easy to make fun of Dan Bongino, the emotionally incontinent former cop turned podcaster appointed for some inexplicable reason by Donald Trump to serve as deputy director of the FBI as a subordinate to Kash Patel, whose main qualification for the job was having been the author of … a children’s book about the Steele dossier, a fact that sounds totally made-up but that is totally not made-up.

And it is a good week for making fun of Bongino, who recently had a public emotional breakdown on Fox News—where else?—about how he “gave up everything” to take on a thankless job in public service. About which: Bro, you gave up a podcast. Bongino went on to say that the job was so hard that he was now divorced from his wife, only to realize that he didn’t exactly mean what he said. The bombastic mode of speech that is apparently obligatory in Trump’s orbit had served him poorly, and so he corrected himself: “separated.” But he didn’t mean “separated” the way it sounds when it is used in conjunction with “divorce.” He just meant that he’s spending a lot of time at the office away from his family.

Kevin D. Williamson

Your enemies are not demonic, and they are not all-powerful and the right hasn’t always lost and the left hasn’t always won. But if you convince yourself of that, you give yourselves all sorts of permission to do a lot of stupid and terrible things under the rubric of “Do you know what time it is?”

Jonah Goldberg.

Trumpism can be seen as a giant attempt to amputate the highest aspirations of the human spirit and to reduce us to our most primitive, atavistic tendencies.

David Brooks)

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my reflexive stuff, especially political here. (b) I also post some things on my favorite social medium. I am now exploring Radiopaper.com as well.

Pure politics, 6/5/25

The Courts

Petulant Trump disavows his signature success (1)

Mr. Trump lashed out at the Federalist Society, blaming it for bad advice on whom to appoint to judgeships. He singled out Leonard Leo, a former longtime leader of the Federalist Society who helped recommend his first-term nominees and who exemplifies the conservative legal movement.

“I was new to Washington, and it was suggested that I use the Federalist Society as a recommending source on judges,” the president wrote. “I did so, openly and freely, but then realized that they were under the thumb of a real ‘sleazebag’ named Leonard Leo, a bad person who, in his own way, probably hates America, and obviously has his own separate ambitions.”

Mr. Leo and Mr. Trump had a falling out in 2020, but the personal attack was a sharp escalation. In a statement, Mr. Leo said, “I’m very grateful for President Trump transforming the federal courts, and it was a privilege being involved.”

Still, Mr. Trump’s tirade strained an already uneasy relationship with traditional legal conservatives.

Many share the president’s goals of strengthening border security, curbing the administrative state and ending “diversity, equity and inclusion” programs, said John Yoo, a conservative law professor. But, he added, they dislike some of Mr. Trump’s methods, whether that is prolifically invoking emergency powers or insulting judges who rule against his administration.

And Professor Yoo, who wrote memos advancing sweeping theories of presidential power as a Bush administration lawyer, said Mr. Trump’s attacks on Mr. Leo were “outrageous.”

“Calling for the impeachment of judges, attacking Leonard Leo personally and basically calling him as traitor as far as I can tell — Trump is basically turning his back on one of his biggest achievements of his first term,” he added, referring to the reshaping of the federal judiciary.

Charlie Savage, Trump, Bashing the Federalist Society, Asserts Autonomy on Judge Picks

For what it’s worth, Trump’s pledge to appoint federal judges from a list compiled by Leonard Leo (not the Federalist Society, which doesn’t do endorsements) was pivotal to his 2016 Election victory, especially among abortion foes who understandably did not trust a twice-divorced narcissist playboy with gambling and porn connections. Charlie Savage hasn’t forgotten that, but I shouldn’t quote his whole article.

If the Senate has a couple of Republicans with integrity, hack appointees like Emil Bove will not be confirmed. C’mon, guys! Save him from himself!

Petulant Trump disavows his signature success (2)

There are many stories in literature about people making deals with the devil. Weirdly, in most of them the devil is a square dealer.

That is, he keeps up his end of the bargain. He offers the protagonist wealth or power in exchange for something ethereal, like their immortal soul, and when they agree he delivers. The Prince of Lies turns out not to be a swindler. Most of the drama happens after he makes good on his promise and comes to collect.

The moral of those stories isn’t that you’re a fool to trade with Beelzebub because you’ll be cheated. It’s that you’re a fool to sacrifice your noblest self for something as fleeting as worldly power.

Conservatives made a deal like that in 2016. Donald Trump offered to stock the federal judiciary with their favorite judges, beginning with the vacancy left by Antonin Scalia on the Supreme Court; in return they would set aside their moral, civic, and ideological objections to him and support him in virtually anything he wanted to do, even if it affronted their conservative beliefs. Or basic decency.

The bargain was struck—and he delivered. Three eminent conservative jurists were added to the Supreme Court. Hundreds more were confirmed to federal appellate and district courts. The great white whale of social conservatism, Roe v. Wade, was harpooned in 2022 after a 50-year chase. Many other landmark legal victories for the American right have accumulated since Trump took office in 2017.

Conservatives weren’t cheated. The devil made good.

Fast-forward to last night …

[Leonard] Leo spent many years as the Federalist Society’s sherpa on judicial nominees, advising Republican presidents on whom to appoint and helping to shepherd candidates through the confirmation process. With the exception of Mitch McConnell, no one has done more this century to build a federal bench of originalist judges. But Trump didn’t want originalists—he wanted flunkies—and so Leo’s influence, and the influence of the organization he serves, have gone up in smoke …

Conservatives got the judiciary they wanted in exchange for supporting a man who radiates contempt for the constitutional order. In doing so, they empowered a postliberal movement that despises judges who do their jobs conscientiously instead of dutifully midwifing a Trumpist autocracy. As the Republican Party proceeds further down the path to fascism that those conservatives enabled, eventually the federal judiciary will consist entirely of believers in the “living Constitution,” half authoritarian and half progressive. In the long run, as Reaganites age out and are replaced by younger Trumpists, conservative judges as we’ve known them will go mostly extinct.

That’s what conservatives got for their bargain. The devil has come to collect.

Nick Catoggio

Pardons

The concept of a pardon, of course, is extremely hard for Trump to understand. Traditionally, a pardon is due to someone who has completed (or nearly completed) their sentence, expressed remorse, and turned their life around — and thereby been the recipient of mercy. But remorse is a concept unknown to a pathological narcissist. Mercy is even stranger. After all, who wins and who loses in an act of mercy? It’s one of those acts defined by grace — another literally meaningless concept for Trump. For him, all human conduct is built on a zero-sum, winner-vs-loser foundation. So a pardon is always instrumental — a way to reward allies, win credits, and enlarge his power by announcing to the world that he alone is the ultimate rule of law, and can intervene at any point to ensure his version of justice is the dispositive one. A monarch, in other words.

…

But Trump is the real outlier (and Biden, in his defense, used Trump’s abuse as a justification for his own self-dealing). In recent times he’s out in front in numbers: more than 1,700 full pardons so far, and we have three-and-a-half years to go. Nixon’s 863, Carter’s 574, Clinton’s 396, W’s 189, and Obama’s 212 put it in perspective. But these previous presidents abused the power occasionally — it’s an absolute power after all — while largely respecting the contours of the rule of law.

Trump has dispensed with any pretense of that. He is an instinctual tyrant — see his immigration overreach and his unilateral tariff mania — and the pardon power was almost made for him. The weakness of any constitution is the virtue — or, more often, the lack of it — in its office-holders. And Trump has the civic virtue of Jeffrey Epstein. The pardon power was always going to be a loaded gun in his tiny, careless hands.

… [H]e is using the pardon power all the time, rather than waiting till the end of his term. It replaces the rule of law with monarchical discretion. That’s why he could not tolerate Jeff Sessions all those years ago. Because Sessions, for all his passionate partisanship, still understood the system he was operating in and still believed that the appearance of impartial justice was integral to liberal democracy’s survival. Sessions was an American.

…

A majority of the American electorate, mind you, endorsed this lawlessness last November. It’s hard to pity them, as they absorb or ignore all the corruption they voted for and are still content to tolerate. They love crypto-monarchy as long as their king is on the throne. They do not seem to understand that this version of monarchy is still an elected one, and that another king from the other tribe may wear the crown some day. They may miss the benefits of liberal democracy once they have succeeded in killing it.

Andrew Sullivan, Pardon The Death Of Liberal Democracy

TACO

I’m not an active investor. I tend to buy and hold Mutual Funds and ETFs. (That’s just me; you do you.) But it did not escape my notice, even before the term was coined, that what’s now dubbed “TACO trades” could be profitable.

Wall Street is all over the “TACO trade,” another instance of people realizing they shouldn’t take the president at face value. “TACO” is short for “Trump always chickens out.” Markets have tended to go down when Trump announces new tariffs, but investors have recognized that a lot of this is bluffing, so they’re buying the dip and then profiting off the inevitable rally.

A reporter asked Trump about the expression on Wednesday, and he was furious. “I chicken out? I’ve never heard that,” he said. “Don’t ever say what you said. That’s a nasty question. To me, that’s the nastiest question.” The reaction demonstrates that the traders are right, because—to mix zoological metaphors—a hit dog will holler. The White House keeps talking tough about levying new tariffs on friends and geopolitical rivals alike, but Trump has frequently gone on to lower the measures or delay them for weeks or months.

Foreign leaders had figured out that Trump was a pushover by May 2017, and a year later, I laid out in detail his pattern of nearly always folding. He’s a desirable negotiating foil, despite his unpredictable nature, because he doesn’t tend to know his material well, has a short attention span, and can be easily manipulated by flattery. The remarkable thing is that it’s taken this long for Wall Street to catch on.

David A. Graham, The TACO Presidency

Now that the cat’s out of the bag, the profitability will diminish and what’s left will mostly be the pleasure of annoying Velveeta Voldemort.

The most incompetent administration ever

A federal appeals panel ordered officials not to deport a 31-year-old to El Salvador. Minutes later, it happened anyway. The government blamed “administrative errors.”

Alan Feuer, NYT

Will Trump pay any price for this fishy string of “administrative errors”?

Among his voters, I doubt it. But with the courts, the toll is steep and rising. They just cannot believe anything Administration lawyers promise. And they shouldn’t.

DJT, the anti-conservative

[I]t’s hard to think of a more anti-conservative figure than President Donald Trump or a more anti-conservative movement than MAGA. Trump and his supporters evince a disdain for laws, procedures, and the Constitution. They want to empower the federal government in order to turn it into an instrument of brute force that can be used to reward allies and destroy opponents.

Trump and his administration have abolished agencies and imposed sweeping tariffs even when they don’t have the legal authority to do so. They are deporting people without due process. Top aides are floating the idea of suspending the writ of habeas corpus, one of the most important constitutional protections against unlawful detention. Judges, who are the target of threats from the president, fear for their safety. So do the very few Republicans who are willing to assert their independence from Trump.

In one of his first official acts, Trump granted clemency to more than 1,500 people charged in connection with the violent attack on the Capitol on January 6, 2021, including those convicted of seditious conspiracy. The president and his family are engaging in a level of corruption that was previously unfathomable. And he and his administration have shown no qualms about using the federal government to target private companies, law firms, and universities; suing news organizations for baseless reasons; and ordering criminal probes into former administration officials who criticized Trump.

The Trump administration is a thugocracy, and the Republican Party he controls supports him each step of the way. Almost every principle to which Republicans once professed fealty has been jettisoned. The party is now devoted to the abuse of power and to vengeance.

…

The significance of this shift can hardly be overstated. A party that formerly proclaimed allegiance to the Constitution and the rule of law, warned about the concentration and abuse of power, and championed virtue, restraint, and moral formation has been transmogrified. The Republican Party now stands for everything it once loathed.

Peter Wehner

Thugocracy update

And she has been frank about the dilemma faced by Republicans like her who are dismayed about the president’s policies and pronouncements but worried that speaking out about them could bring death threats or worse.

“We are all afraid,” she told constituents in April, adding: “I’m oftentimes very anxious myself about using my voice, because retaliation is real. And that’s not right.”

Catie Edmondson, Lisa Murkowski Isn’t Using ‘Nice Words’ About Life Under Trump

I do acknowledge threats against Trump’s life, too. Several isolated nuts have been arrested and charged. But it seems to me that a President and his supporters holding Congress hostage for fear of their lives is an order of magnitude worse.

No laughing matter

Next month will be the first anniversary of Tim Walz’s branding of Donald Trump, JD Vance and, by implication, some of their political associates as “weird,” and it’s obvious now that Walz spoke too soon, before Trump won in November and his administration turned weirdness into a credential and an operating principle, before weirdness started afflicting Trump allies who seemed a little less weird in the past, before episodes of Trump-adjacent weirdness proliferated.

… [T]his pageant of peculiarity isn’t a laughing matter. It reflects Trump’s confusion of nonconformity with boldness. It speaks to his love of performance, even if it’s the fruit of a loopy performer. It demonstrates his desire to rattle, no matter how infantile the rattling.

Frank Bruni

Same column, change of topic:

If I’m subjected to one more lamentation, one more rant, about how lost and pitiable and shameful the Democratic Party is, my head is going to explode. Not because the Democratic Party is in good shape — it isn’t. Not because it can make do with only minor adjustments — it can’t. It’s guilty of the arrogance and incompetence of which it’s accused. And the country’s future as a reasonably healthy and prosperous democracy depends on Democrats’ recognition and remedy of that.

But some of the extravagant lashing of the party carries the implicit suggestion that Republicans, by contrast, have their act together. Excuse me? If success at the polls is the only metric for that, then sure, yes, they’re in an enviable spot. But it’s a wretched (and, I have to believe, vulnerable) one. Republican lawmakers who rightly gaped in horror at the events of Jan. 6, 2021, later developed collective amnesia, putting power several light-years above principle. They then indulged or outright applauded Trump’s laughable cabinet picks and his adoration of Musk and his cockamamie tariffs and his abandonment of due process and his swag from Qatar and his sadistic humiliation of President Volodymyr Zelensky of Ukraine and so many other cruelties and outrages that this sentence could go on forever. I struggle to admire Republicans’ political chops. I’m too distracted by their moral rot.

For love of sentences

In Esquire, Dave Holmes marveled at Senator Lindsey Graham’s suggestion, in a social media post before the conclave, that cardinals consider the idea of Trump as the next pope: “I guess he had not yet closed the day’s humiliation ring on his Apple Watch.” Holmes added that while Graham was probably joking, “You can’t be tongue-in-cheek when you are actively licking the boot. There is just not enough tongue for both jobs.” (Susan Fitzgerald, Las Cruces, N.M.)

Frank Bruni (a prior week)

Dissing the Dems

I confess that my laser-focus on Trump can sound like excusing the Democrats’ problems. It really isn’t. I’m just madder at my former party than at the I party whose Presidential nominee I voted for only once, 53 years ago.

An Andrew Sullivan podcast this week with the authors of Original Sin reminded me of just how screwed we are in the other of our major-party choices, the Dems, and how Joe Biden fooled me with his “nice guy” schtick. Though I didn’t vote for him, I would have done so if my fair state hadn’t been a lock for Trump.

Hypocrisy

Hypocrisy is the tribute paid to virtue by vice.

I will give Trump 2.0 credit for not adding hypocrisy to its countless other sins.

On second thought, his attacks on Ivy League universities for suffering antisemites gladly may qualify.

The best jokes

It has been said that the best jokes are dangerous because they are in some way truthful.

On Wednesday, a dangerous joke was told in the Oval Office. The South African president turned to the American president and said: “I’m sorry I don’t have a plane to give you.”

NYT

FWIW

  • Trump lost 96% of federal court cases in May. Even GOP-appointed judges ruled against him 72% of the time,” – Jack Hopkins.
  • “The Washington Post has now confirmed that it was Trump who asked the Qataris to gift him the plane for free (rather than the Qataris offering it), and that Qatar is demanding a written memo from the White House to this effect before the deal is finalized,” – Tom Malinowski.

Andrew Sullivan, Pardon The Death Of Liberal Democracy

PBS

… and by the numbers 86 and 47.

Your enemies are not demonic, and they are not all-powerful and the right hasn’t always lost and the left hasn’t always won. But if you convince yourself of that, you give yourselves all sorts of permission to do a lot of stupid and terrible things under the rubric of “Do you know what time it is?”

Jonah Goldberg.

Trumpism can be seen as a giant attempt to amputate the highest aspirations of the human spirit and to reduce us to our most primitive, atavistic tendencies.

David Brooks)

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my reflexive stuff, especially political here. (b) I also post some things on my favorite social medium. I am now exploring Radiopaper.com as well.

Saturday, 5/31/25

AI doomsday?

[Jaron] Lanier agreed that it’s up to humans to protect the truth in the age of AI, but was less optimistic that we will do so: “The issue with AI is not the AI. It’s not the large language model. It’s the concentration of power and wealth around who owns it,” he said. “You have to look at the big system, including the people, the money, the business, the society, the psychology, the mythmaking, the politics.”

A Free Press Debate on Artificial Intelligence in San Francisco

Jaron Lanier had fallen off my radar for a few years. I’ll forever be interested in his take on anything regarding computers and humanity (together, not separately).

Bon mots

Codgers and technology go together like peanut butter and sardines.

Frank Bruni. Then this, merely via Frank Bruni, not from him:

In the quarterly journal Sapir, Bret Stephens made a kind of peace with the heavily partisan slant of so much cable television news: “To demand scrupulous impartiality on their broadcasts is like expecting fancy linens at a Motel 6.” (Naomi Lerner, West Orange, N.J.)

A non-tribal Democrat

Some of my subscribers dislike when I throw elbows to my left. They share my disdain for Donald Trump and his party, and my commitment to understanding them in light of political theory and history, but they are also devoted Democrats who have warm feelings for Joe Biden, were thrilled by the campaign of Kamala Harris and Tim Walz, and still seethe about Hillary Clinton’s loss in 2016.

That isn’t me. I vote for Democrats. I directionally agree with them on most issues. And I consider the Republican alternative thoroughly unacceptable. Yet I am not a devoted Democrat. A big part of the reason is that I’m not a joiner—of anything. I value my own independence too much and temperamentally resist deploying my talents to advance a cause—any cause, even a worthy one, and even one wrapped up, at this moment, with the fate of liberal democratic self-government in the United States.

But this way of thinking presumes that working to help the Democrats should take the form of deferring to and falling in line behind party leadership and elected officials, taking marching orders, rallying around candidates and nominees endorsed by the party bigwigs, and then maintaining message discipline to get them elected. That’s what I resist. But there’s another kind of devotion—one that expresses itself as tough love and a willingness to speak candidly, and even harshly, about faults.

…

… a Democratic researcher is quoted as saying that when she asks swing voters to liken the two parties to animals, they consistently describe Republicans as lions, tigers, and sharks—“apex predators” that “take what they want when they want”—but Democrats as tortoises, slugs, or sloths, creatures typically considered “slow, plodding, [and] passive.”

Damon Linker, A Party of Sloths

Substance, process

One of this crazy-making aspects of life in Trump 2.0 is that the media coverage of the administration’s antics focuses, mostly on the substance of what they are doing, ignoring the process, and the question of whether they have the authority to do it at all.

Such, I feared, was the infirmity of NPR and PBS Aren’t Entitled to Your Tax Dollars, a Free Press article by a serious Ivy league constitutional law professor. I slogged my way through it, agreeing with the author again and again, but frustrated that he was ignoring the elephant in the room. Finally, in literally the last paragraph, he mentioned the elephant almost as a throwaway line:

NPR also alleges in its complaint that the federal statute creating the Corporation for Public Broadcasting prohibits Trump from making this defunding decision. That’s a very different argument, which I’m not addressing here ….

I would venture a guess that nine out of ten people who read this column will come away with the impression that NPR and PBS are suffering from a liberal sense of entitlement to tax dollars, and miss the point about there being some limits to executive power.

In the end, it may not matter because this Congress is sufficiently servile that if Trump asks Congress to defund CPB, PBS and NPR (a longtime GOP talking point), it almost certainly will oblige him.

But process does matter, tremendously. Where the power to do something resides also matters.

Dissing Adoption

The New York Times … has never found a basic human good it couldn’t ponderously criticize with the shuffling-foot smarm of the ideas festival class. There’s “I Was Adopted From China as a Baby. I’m Still Coming to Terms With That.” There’s “World’s Largest ‘Baby Exporter’ Admits to Adoption Fraud.” There’s “Given Away: Korean Adoptees Share Their Stories.” (In easily-digestible video format!) There’s “I Was Adopted. I Know the Trauma It Can Inflict.” (Subtle.) The New Yorker, a $12,000 espresso machine transformed into a magazine by a mischievous wizard, has “How an Adoption Broker Cashed In on Prospective Parents’ Dreams,” “Living in Adoption’s Emotional Aftermath,” and “Where is your Mother?” (The answer is that she has been separated from her child by a cruel and fickle child welfare system despite being perfectly fit, which I’m sure is how it usually goes.) The Atlantic has “No One’s Children: America’s long history of secret adoption.” (Would you be shocked to learn that said history isn’t a good one?) They’ve got “The New Question Haunting Adoption,” the question being whether adoption is really a secretly selfish act, you know, the selfish act of taking a severely-disabled toddler into your home to provide them with support and love after their birth parents smoked meth throughout pregnancy. They also have, incredibly, “What Adoption ‘Salvation’ Narratives Get Wrong,” “Adoption Is Not a Fairy-Tale Ending,” “The Dark, Sad Side of Domestic Adoption”…. I could go on, and that’s just three prestigious publications. There’s a whole world out of this out there.

This is all, for the record, a really excellent example of what we used to mean when we used the word ideology. Once upon a time, one wouldn’t say “My ideology is…” because ideology referred to the hidden, unexplored, unconscious politics that lay beneath the public, open, explicit politics. An ideology was those pre-political assumptions and beliefs which conditioned and limited political thought, which made the conscious political philosophy of any individual what it was. Ideology is the skeleton that hides unseen within the animal of politics but nevertheless determines the structure of that which is seen. Ideology exists in both the macro and the micro; this bizarre upper-caste antipathy towards ideology is a good example. If you asked leadership at these publications if they had any particular interest in leading a charge against the practice of adoption, they’d say no, of course not, what a weird question! If you were to show them just how repetitively this particular set of critiques and questions and hrm hrm hrm noises gets published in their pages, they’d swear to you that it reflects no underlying party line. And yet there it is, the evidence, in black and white. Something about the current constitution of the anxious educated urbanite liberal soul cries out inside of them: the real problem is adoption.

Freddie deBoer, Adoption is Good

If the shoe fits

A well-regarded Evangelical pastor published this weeks before the 2020 Election.

[T]his is a long-overdue article attempting to explain why I remain baffled that so many Christians consider the sins of unrepentant sexual immorality (porneia), unrepentant boastfulness (alazoneia), unrepentant vulgarity (aischrologia), unrepentant factiousness (dichostasiai), and the like, to be only toxic for our nation, while policies that endorse baby-killing, sex-switching, freedom-limiting, and socialistic overreach are viewed as deadly.

…

I think it is a drastic mistake to think that the deadly influences of a leader come only through his policies and not also through his person.

This is true not only because flagrant boastfulness, vulgarity, immorality, and factiousness are self-incriminating, but also because they are nation-corrupting. They move out from centers of influence to infect whole cultures. The last five years bear vivid witness to this infection at almost every level of society.

…

Christians communicate a falsehood to unbelievers (who are also baffled!) when we act as if policies and laws that protect life and freedom are more precious than being a certain kind of person. The church is paying dearly, and will continue to pay, for our communicating this falsehood year after year.

The justifications for ranking the destructive effects of persons below the destructive effects of policies ring hollow.

I find it bewildering that Christians can be so sure that greater damage will be done by bad judges, bad laws, and bad policies than is being done by the culture-infecting spread of the gangrene of sinful self-exaltation, and boasting, and strife-stirring (eristikos).

…

I think it is baffling and presumptuous to assume that pro-abortion policies kill more people than a culture-saturating, pro-self pride.

When a leader models self-absorbed, self-exalting boastfulness, he models the most deadly behavior in the world. He points his nation to destruction. Destruction of more kinds than we can imagine.

It is naive to think that a man can be effectively pro-life and manifest consistently the character traits that lead to death — temporal and eternal.

John Piper, Policies, Persons, and Paths to Ruin: Pondering the Implications of the 2020 Election

Piper did not say who he was voting for. He did not name names. For that reason, I’m blogging this separately from pointed political material.

But I’m not going to deny that my heart soared to see that our current President had not captured and reduced to servility the entirety of one of America’s most prominent Christian traditions.

The right to know isn’t the whole story

To further clarify our situation, consider W. H. Auden’s discussion, which I’ve cited before, of the idea that, as he put it, “the right to know is absolute and unlimited.” “We are quite prepared,” Auden wrote,

“to admit that, while food and sex are good in themselves, an uncontrolled pursuit of either is not, but it is difficult for us to believe that intellectual curiosity is a desire like any other, and to recognize that correct knowledge and truth are not identical. To apply a categorical imperative to knowing, so that, instead of asking, ‘What can I know?’ we ask, ‘What, at this moment, am I meant to know?’ — to entertain the possibility that the only knowledge which can be true for us is the knowledge that we can live up to — that seems to all of us crazy and almost immoral.”

L.M. Sacasas, Structurally Induced Acedia (The Convivial Society)

Harvard and the Trump administration

Harvard and the Trump administration have each finally met an adversary too big to push around. America’s richest university never really considered how much it depends on government policy, including lavish federal research funding, federal student aid, and a permissive immigration regime for the foreign students—who make up a third of the university’s student body and often subsidize the rest by paying more. Progressives also never thought through how the many tools they devised for using government leverage against private institutions—including threatening tax exemptions, as the Supreme Court allowed on dubious grounds in Bob Jones University v. United States (1983)—could be used against universities that engage in race discrimination for the “right” reasons, cultivate a political monoculture among the faculty, and permit campus mobs to terrorize minority groups who are out of progressive favor (Jews). Now, Trump is trying to strip Harvard of everything—tax exemption, federal funding, and visas for foreign students already enrolled. While the comeuppance for Harvard is admittedly delicious, the president is abusing powers he ought not to have, and Harvard has deep enough pockets to fight him in court.

National Review Weekly email.

Some cases don’t have valid arguments on both sides. That I find nothing “delicious” about Harvard’s “comeuppance” is an example of why I ignore National Review’s regular email invitations to resubscribe.

Can a car have a “catfish smile”?

“Behind that catfish smile, the company’s twin-turbo 4.0-liter DOHC V8 now discharges a drama-drenched 656 hp and 590 lb-ft—153 hp and 85 lb-ft more than the previous Vantage Roadster—thanks to larger turbochargers, revised camshaft profiles, optimized compression ratio and upgraded fueling and cooling.”

Kudos to Dan Neil for the spot-on “catfish smile.”

The car, by the way, is a 2025 Aston Martin Vantage Roadster, which will set you back $300,000 as equipped (this week’s ephemeral tariffs not included).

Credentials, good times, and genuine learning

Most young people today feel, with considerable justification, that they live in an economically precarious time. They therefore want the credential that will open doors that lead to a good job, either directly or (by getting them into good graduate programs) indirectly …

But those same young people also want to have a good time in college, a period of social experience and experimentation that they (rightly) think will be harder to come by when they enter that working world …

… Yes, students understand — they understand quite well, and vocally regret — that when they use chatbots they are not learning much, if anything. But the acquisition of knowledge is a third competing good, and if they pursue that one seriously they may well have to sacrifice one of the other two, or even both. Right now they can have two out of three, and as Meat Loaf taught us all long ago, two out of three ain’t bad.

Alan Jacobs, responding to Ted Gioia on the topic of ending AI cheating.

Potpourri

  • After Trump held a crypto dinner last Thursday night, crypto moguls who paid to be there felt scammed that the president didn’t even stick around at the event they’d hoped to do their own scams at. I saw someone describe him as the apex scammer. Our Scammander in Chief.
  • In other Russia news, a new statue of Joseph Stalin in a Moscow metro station was unveiled this month. President Putin has called Stalin an “effective manager,” and has said that enemies of Russia use the “excessive demonization” of Stalin to attack “the Soviet Union and Russia.” Stalin is back, big time. Interesting that “effective manager” is being used here to describe a man who facilitated the death of millions—and not efficiently. But I’m not a businessman.
  • The continued reckoning: A postmortem on Kamala Harris’s campaign cited a “perception gap” as one of the reasons she lost, saying voters believed she held positions that she didn’t. “Over 80% of swing voters who chose Trump believed Harris held positions she didn’t campaign on in 2024, including supporting taxpayer funding for transgender surgeries for undocumented immigrants (83%), mandatory electric vehicles by 2035 (82%), decriminalizing border crossings (77%), and defunding the police (72%).” But Harris had, in fact, supported all of these positions. Like, she is on record supporting each of those positions (here, here, here, and here). So it’s not really a perception problem so much as a reception problem, like these ideas are not popular even though I support them. There’s a sense among Dems that people should simply ignore the things that are unpopular and that referencing them is fake news. Like, how dare you talk about the surge of migrants coming through our new open borders thanks to swift changes from the Biden admin. Yes, it’s technically true, but it’s disinformation-coded.
  • Leave Bruce alone: A bar in New Jersey canceled a performance by a Bruce Springsteen tribute band after the real Springsteen called Trump “corrupt, incompetent, and treasonous” while on tour in England. Citing the bar’s MAGA clientele, the bar owner said that a Springsteen cover band would be “too risky at the moment.” And: “Whenever the national anthem plays, my bar stands and is in total silence, that’s our clientele. Toms River is red and won’t stand for his bull—.” [But MAGA doesn’t have a violent streak. No way. That’s fake news.]
  • Things that are not antisemitism: The Democratic Socialists of America “Liberation Caucus” has announced its support for Elias Rodriguez, the suspect arrested for slaughtering two Israeli Embassy staffers outside D.C.’s Capital Jewish Museum last week. Here’s the statement signed by the DSA Liberation folks and a bunch of others: “As imperialism has made the entire world its battlefield, it is justified to fight it, by any means necessary, without regard for geography.” And: “[T]here must be consequences for genocidal [Z]ionist imperialism, and those consequences are righteous.”

Nellie Bowles

Fake my …

The latest fitness craze is surely going to be Fake My Run. It fits perfectly with the national ethos whereby university students are already doing Fake My Education.

Your enemies are not demonic, and they are not all-powerful and the right hasn’t always lost and the left hasn’t always won. But if you convince yourself of that, you give yourselves all sorts of permission to do a lot of stupid and terrible things under the rubric of “Do you know what time it is?”

Jonah Goldberg.

Trumpism can be seen as a giant attempt to amputate the highest aspirations of the human spirit and to reduce us to our most primitive, atavistic tendencies.

David Brooks)

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my reflexive stuff, especially political here. (b) I also post some things on my favorite social medium. I am now exploring Radiopaper.com as well.

Political 5/30/25

What it takes to tick off David Brooks

Last Monday afternoon, I was communing with my phone when I came across a Memorial Day essay that the Notre Dame political scientist Patrick Deneen wrote back in 2009. In that essay, Deneen argued that soldiers aren’t motivated to risk their lives in combat by their ideals. He wrote, “They die not for abstractions — ideas, ideals, natural right, the American way of life, rights, or even their fellow citizens — so much as they are willing to brave all for the men and women of their unit.”

This may seem like a strange thing to get angry about. After all, fighting for your buddies is a noble thing to do. But Deneen is the Lawrence Welk of postliberalism, the popularizer of the closest thing the Trump administration has to a guiding philosophy. He’s a central figure in the national conservatism movement, the place where a lot of Trump acolytes cut their teeth.

In fact, in his acceptance speech at the Republican National Convention, JD Vance used his precious time to make a point similar to Deneen’s. Vance said, “People will not fight for abstractions, but they will fight for their home.”

Elite snobbery has a tendency to set me off, and here are two guys with advanced degrees telling us that regular soldiers never fight partly out of some sense of moral purpose, some commitment to a larger cause — the men who froze at Valley Forge, the men who stormed the beaches at Normandy and Guadalcanal.

But that’s not what really made me angry. It was that these little statements point to the moral rot at the core of Trumpism, which every day disgraces our country, which we are proud of and love. Trumpism can be seen as a giant attempt to amputate the highest aspirations of the human spirit and to reduce us to our most primitive, atavistic tendencies.

Mild-mannered David Brooks, popping a vein (shared link, bold added).

The rest of the column was quite good, but the idea that a primitive, atavistic President would deploy his “throne-sniffing sycophants” (H/T Kevin D. Williamson, below) to reduce the nation to primitive atavism struck me as (a) too sophisticated conceptually, but perfect temperamentally, for Trump (a “stupid, lazy and angry” man — Kevin D. Williamson again); (b) exactly what his smart and unprincipled intimates would realize is necessary for their success; and (c) the kind of radical moral rot that Brooks sniffs out and exposes to us all.

And for his ability to distill evils to their essence, I am grateful.

Stupid, lazy and angry

We’ve been here before, of course. Donald Trump and his team have been three weeks away from announcing a groundbreaking new health care plan for … what, just about a decade now? Donald Trump’s confidence in addressing a complex subject has a linear relationship to his ignorance regarding that subject, and so we have got gems like this presidential declaration of ineptitude: “Nobody knew that health care could be so complicated.” It isn’t the case that nobody knew—lots of people knew. Some of those people had good ideas, some had terrible ideas, but they knew it was complicated. The guy who didn’t know? The one who spent most of his life as a Manhattan gadfly, a game-show host with side hustles in pro wrestling and porn. That guy didn’t know.

…

There are no conspiracies. There are no secrets. Everything is more or less what it seems. … [T]he obvious explanation for Trump’s eccentricity (or most anything else) is almost always the correct explanation. Which is why I have been writing for all these years that the key to understanding the Trump administration is that its central figure, Donald Trump, is stupid, lazy, and angry …

There are people around Trump, such as Marco Rubio and J.D. Vance, who are not stupid or lazy (though both are distinctly angry men) but are functionally indistinguishable from the stupid and the lazy because they are throne-sniffing sycophants who dread a return to the private sector more than almost anything else in this life.

…

It’s all right there to see: Trump, the supposed master negotiator, is as a matter of practical fact able to effectively negotiate exclusively in situations in which no substantial negotiation is required: with people he can fire, for example, or with utterly dependent parties. He calls this “negotiating from a position of strength” instead of “bossing around your cowering flunkies.”

Kevin D. Williamson

It didn’t take long for the courts to figure this out

The Abrego Garcia ruling and the Alien Enemies Act litigation have left legal scholars warning of a constitutional crisis. But a more tangible effect, attorneys told me, has been the erosion of the “presumption of regularity”—the benefit of the doubt given to the government in court proceedings. It’s based on the idea that federal officers and attorneys are operating in good faith, and not trying to achieve political goals through acts of subterfuge.

As judges see the administration saying one thing in public and another in court, they have started to treat the government’s claims with more skepticism and, sometimes, with outright suspicion of criminal contempt. A recent Bloomberg analysis found that the Trump administration has been losing the majority of its immigration-related motions and claims, regardless of whether the judges overseeing their cases were appointed by Democrats or Republicans.

Nick Miroff, In Trump Immigration Cases, It’s One Thing in Public, Another in Court

I’m not by any means certain that it will all be alright, i.e., that the courts can protect us from Trump’s lawlessness. But denying his administration the presumption of regularity is an important and needed step.

Note well that when a government lawyer tried to address the court honestly, the Attorney General fired and defamed him:

When a senior ICE official said in sworn testimony in March that Abrego Garcia had been deported to El Salvador because of an “administrative error,” the Justice Department attorney who initially represented the Trump administration, Erez Reuveni, relayed that characterization to the court. When asked why the administration hadn’t taken steps to correct the error and bring Abrego Garcia back, Reuveni said his client—the Trump administration—hadn’t provided him with answers.

The top Trump aide Stephen Miller soon began insisting publicly that Abrego Garcia’s deportation was not, in fact, an error—the opposite of what the government admitted in court. Vice President J. D. Vance claimed that Abrego Garcia is a “convicted MS-13 gang member with no legal right to be here,” even though he has no criminal convictions in the United States or El Salvador. Attorney General Pam Bondi cast the error as missing “an extra step in paperwork” and said that Abrego Garcia should not be returned.

Reuveni was fired. Bondi said he had failed to “zealously advocate” for the government. “Any attorney who fails to abide by this direction will face consequences,” she told reporters.

Nick Miroff

It’s a good time to be a retired attorney or, failing that, to practice outside a Department of Justice that requires you to lie (the normal term for Bondi’s “zealously advocate”) in court.

Marks of dystopia

Speaking of lying to court and losing in court:

I offer you the most dystopian thing I’ve read about the state of the federal government this year—so far:

Amid rising tensions between the Trump administration and the judiciary, some federal judges are beginning to discuss the idea of managing their own armed security force.

…

The Supreme Court has its own dedicated police force, but other federal judges are protected by the U.S. Marshals Service, which reports to Attorney General Pam Bondi. Security committee members worried that Trump could order the marshals to stand down in retaliation for a decision that didn’t go his way.

A country where judges need their own bodyguards because they no longer trust the president to guarantee their safety if they rule against him (and understandably so) is a country waaaaay too far down the slope of banana republicanism to chastise anyone else about failing to live up to Western “virtue ethics.”

…

[Trump named Ed Martin acting U.S. attorney in Washington] earlier this year despite the fact that he hadn’t worked a day in his life as a prosecutor. The president later nominated him to fill the position permanently, but that required Senate confirmation. And although Senate Republicans have set the bar for confirming Trump cronies on the floor, somehow Martin still failed to clear it. You need to be awfully sketchy—like, Matt Gaetz levels of sketchy—for John Thune’s conference to bork you.

…

From time to time I think back to what Sen. Susan Collins said when she was asked during Trump’s first impeachment trial whether she’d vote to convict him for demanding a quid pro quo of Ukraine. No, she answered, there’s no need. “I believe that the president has learned from this case,” she told CBS News. “The president has been impeached. That’s a pretty big lesson.”

He did learn a lesson. What he learned was that Senate Republicans would never hold him accountable for blatantly abusing his power.

Nick Catoggio

Whole-of-Government Gaslighting

[W]hy is the Justice Department not only settling the lawsuit that [Ashli] Babbitt’s relatives filed but also mulling an apology in the millions? Because Trump’s alternate reality demands it. Because that is how you turn truth entirely on its head.

You don’t simply challenge what really happened at the Capitol, which is that lawless hooligans in thrall to Trump’s delusions attempted a kind of coup. You chip-chip-chip away at it in so many ways over so much time and with such unflagging frequency that many people who thought they understood what they were seeing aren’t wholly sure anymore — or give up trying to make sense of it.

Trump recast a day of shame as a “day of love.” The rioters became “patriots” and Babbitt a martyr. As soon as Trump returned to the Oval Office, he pardoned nearly all of the roughly 1,600 people criminally charged in connection with the rioting. He even floated the idea of a compensation fund for them. Everybody gets a prize!

To live in fiction, commit to it. That’s the moral not merely of Trump and Jan. 6 but of Trump, period. Yesteryear’s hand-wringing about whether to label his individual falsehoods “lies” and those periodic tallies of his misstatements now seem quaint; they don’t do justice to the scope and audacity of what he’s up to. Nor does the occasional current chatter about “propaganda.” Trump is engaged in a multifront, multipronged attack on any and every version of events that impedes his goals and impugns his glory. It makes the spin control of presidents past look like child’s play.

Frank Bruni (shared link) This is so good I probably would have shared one of my ten monthly links even if it weren’t the end of the month.

86ing the important stuff

Kash Patel Says He’s Prioritizing Social Media Mocking Trump Over ‘Child Sex Predators, Fentanyl Traffickers, Terrorists’ – Above the Law

He didn’t say that in so many words, but his meaning was clear:

FBI Director Kash Patel took a break from his busy schedule of hanging out in Las Vegas instead of actually running the FBI, to go on Fox News last night to rant a bit about James Comey. After Comey posted his beachside “8647” insta, Patel quickly took to social media — where all professional law enforcement vents about its investigation priorities — to pretend that “86,” a century old term for bouncing unruly customers or canceling food orders, actually amounted to an assassination threat directed at Donald Trump.

This was, to use the technical term, f ****** stupid. Though against all odds, it was not nearly as stupid as Patel’s next move. Per the Daily Beast:

“Do you know how many copycats we’ve had to investigate as a result of that beachside venture from a former director?” he asked Baier. “Do you know how many agents I’ve had to take offline from chasing down child sex predators, fentanyl traffickers, terrorists?”

Hopefully some career law enforcement professional within the FBI intervened to make sure the answer to both questions is close to zero.

First of all, since threats to the president are the jurisdiction of the Secret Service — something Patel publicly acknowledged at the time — why the hell is he pulling agents off ANYTHING to run down a soccer mom who took a picture of her bottomless mimosa brunch bill having tipped to make sure the total was 8647?

So our President’s ego is more important protecting us from child sex predators, fentanyl traffickers, and terrorists. Keep that in mind. It’s barely 19 months to Retribution Day 2026.

That’s assuming the Democrats can serve up something palatable. But they’re convened in luxury hotels to do some

soul-searching after November’s defeat. “Democratic donors and strategists,” Goldmacher writes, “have been gathering at luxury hotels to discuss how to win back working-class voters, commissioning new projects that can read like anthropological studies of people from faraway places.”

One of those proposals is a $20 million effort “to reverse the erosion of Democratic support among young men, especially online.” The goal is to “study the syntax, language and content that gains attention and virality in these spaces.”

David French.

This is a reprise of this era’s Democrat delusion: “We just aren’t communicating our message right.” Au contraire, mon frere: your message is your problem.

86 both major parties.

Woke Right

Richard Hanania is a longtime critic of DEI, but has a few bones to pick with Trump 2.0 fake demolition of it:

Unfortunately, it is now clear that, rather than sticking to the principles of colour blindness, merit and individual liberty that I believe in, the Trump administration seeks to implement its own version of thought control and federal-government overreach.

This can be seen most clearly in the letter of demands the administration sent to Harvard on April 11th and its announcement that it was cutting off research funds to the university. The letter stated that Harvard must cease all DEI and affirmative-action policies in hiring, promotions and admissions.

So far, so good …

… [T]here is a direct contradiction between the goal of viewpoint diversity and the principle of merit, which the administration is claiming to defend. We all have an interest in our top institutions selecting students and faculty based on intelligence, competence and their fit within a programme. Having ideological litmus tests for professors and scientists would do more damage to the principle of merit than race and sex preferences ever have, given how few individuals with advanced degrees identify as conservatives …

… Harvard may never be an institution where MAGA has a large constituency. Accepting that is necessary for being at peace with the idea of America as a pluralistic society.

An influential voice from the right laments Trump’s attack on universities

When the rhetoric comes home to roost

“I voted for Donald Trump, and so did practically everyone here,” said Vanessa Cowart, a friend of Ms. Hui from church. “But no one voted to deport moms. We were all under the impression we were just getting rid of the gangs, the people who came here in droves.”

She paused. “This is Carol.”

A Missouri Town Was Solidly Behind Trump. Then Carol Was Detained. – The New York Times (shared link)

Prelude to a pissing contest

Elon Musk said he would step down as a “special government employee” with the Trump administration. The billionaire has led a radical effort to overhaul the American state through the Department of Government Efficiency. He has been critical of Mr Trump’s budget bill, which would add trillions to debt. He recently said he wanted to spend more time on his businesses—which have themselves suffered a backlash.

The Economist

Neither Trump nor Musk can keep his mouth shut. The Bromance is over. The divorce oughta be good — “good television” as Trump likes to say.

Your enemies are not demonic, and they are not all-powerful and the right hasn’t always lost and the left hasn’t always won. But if you convince yourself of that, you give yourselves all sorts of permission to do a lot of stupid and terrible things under the rubric of “Do you know what time it is?”

Jonah Goldberg.

Regarding said “lot of stupid and terrible things,” my failure to call out anything about the current regime does not mean I approve. There’s just too much, and on some of the apparent illegalities I don’t want to abuse my rusty credentials without thinking it through.

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my reflexive stuff, especially political here. (b) I also post some things on my favorite social medium. I am now exploring Radiopaper.com as well.

Political (5/27/25)

Shooting us in the foot

Defunding Science

I don’t think I elevate science unduly, and I even try to burst the bubbles of those who do. I think we’ve neglected the humanities in worshiping the almight STEM.

But Steven Pincker has a long and passionate defense of Harvard in the New York Times opinion section. Remembering that Trump’s attack is largely based on alleged antisemitism at Harvard, this in particular struck me as key:

Just as clear is what won’t work: the Trump administration’s punitive defunding of science at Harvard. Contrary to a widespread misunderstanding, a federal grant is not alms to the university, nor may the executive branch dangle it to force grantees to do whatever it wants. It is a fee for a service — namely, a research project that the government decides (after fierce competitive review) would benefit the country. The grant pays for the people and equipment needed to carry out that research, which would not be done otherwise.

Mr. Trump’s strangling of this support will harm Jews more than any president in my lifetime. Many practicing and aspiring scientists are Jewish, and his funding embargo has them watching in horror as they are laid off, their labs are shut down or their dreams of a career in science go up in smoke. This is immensely more harmful than walking past a “Globalize the Intifada” sign. Worse still is the effect on the far larger number of gentiles in science, who are being told that their labs and careers are being snuffed out to advance Jewish interests. Likewise for the current patients whose experimental treatments will be halted, and the future patients who may be deprived of cures. None of this is good for the Jews.

The concern for Jews is patently disingenuous, given Mr. Trump’s sympathy for Holocaust deniers and Hitler fans. The obvious motivation is to cripple civil society institutions that serve as loci of influence outside the executive branch. As JD Vance put it in the title of a 2021 speech: “The Universities Are the Enemy.”

Steven Pinker, Harvard Derangement Syndrome (shared link)

Leave them all alone

A German concept used to validate the society-saturating politics infecting Europe 90 years ago was Gleichschaltung. It denoted totalistic government: the “coordinating” or “harmonizing” of all important social institutions. A foreign word, but no longer a foreign practice.

As a candidate in 2023, Donald Trump vowed to “choke off the money” to schools assaulting “Western civilization itself.” As he defines this, and as he defines “assaulting” it. What could go wrong?

America’s research universities are sources of U.S. economic dynamism and vital to technology-dependent national security. It is folly (and unlawful) to punish entire institutions for the foolishness of a few departments. When English departments are “decolonized” — dead White men purged from the curriculum — the only victims are students deprived of Shakespeare. Ideological indoctrination is rarer in engineering departments, where knowing the right facts rather than having the right feelings matters, otherwise bridges crumble and skyscrapers tumble. Leave all departments alone, some because their silliness does not matter much, others because their excellence matters greatly. (Source: washingtonpost.com)

George Will via John Ellis

Keeping score

SCOTUS and the “Shadow Docket”

We have plenty of things to worry about in constitutional law today. But those worried about how the court will confront the unprecedented and sometimes unlawful actions of the Trump administration should save their outrage for other cases.

In the two cases here, the court held that the president was likely to prevail in his unitary executive claim, that the administration was unduly harmed by allowing the officials to keep their offices while the case was pending, and that this reasoning would not imperil the independence of the Federal Reserve. It did all of this in an emergency order, rather than waiting for the issues to arrive on the court’s regular docket.

…

The president’s ruinous tariffs, purported cancellation of birthright citizenship, renditions to foreign prisons and retaliations against his political opponents all raise far graver constitutional problems than the court’s ultimately unsurprising order in these cases. We should focus our concern there.

Will Baude in the New York Times.

I had Will’s father, Pat Baude, for several Constitutional Law classes, and he, too, was brilliant. I only wish he had lived long enough to bust his buttons at his son’s brilliance and esteem in the legal community.

The Big Picture: A Hostage Crisis

This newsletter concerns itself with the great patriotic project to turn America into a banana republic, but something gets lost by doing that episodically. Each day we study some crooked new tree that Donald Trump’s administration has planted; rarely do we step back and consider how large the forest has already become.

Here’s Andy Craig at The UnPopulist, stepping back:

Since Jan. 20, the United States has been in a state of rapid constitutional collapse. Congress’ power of the purse, its most fundamental prerogative, has been usurped; statutory laws have been suspended by claimed “emergency” powers; the requirement for Senate confirmation has been made irrelevant; a transparently political purge of both the civil service and the armed forces has been launched; the president has threatened aggressive military force against longtime allies; a decree was issued to strip constitutional citizenship rights; our treaty obligations have been blown up with a self-sabotaging trade war; mass pardons have been used to gleefully sanction political violence; courts have been defied to send innocent people to a Central American torture camp; the world’s richest man has deployed a gaggle of racist hackers to shut down government agencies on a whim; and, just as we were going to press, news broke that Harvard University has been barred from enrolling foreign students because of its refusal to hew to the president’s ideological demands.

What Craig is describing is essentially a hostage crisis.

An authoritarian state is a national hostage crisis … Most hostage crises aren’t orchestrated by coolly ingenious master-planners. They’re what happens when someone who’s ruthless, audacious, volatile, and cunning but not very bright makes a mess of his caper, like a bank robber whose hold-up takes longer than expected. He turns to leave and finds cop cars pulling up outside, causing him to panic and to start taking hostages instead.

There’s no “plan.” He just doesn’t know what else to do now that a wildly reckless, dangerous course of action like robbing a bank has suddenly gone sideways.

That was also the theme of yesterday’s newsletter, not coincidentally. The One Big Beautiful Bill that passed the House on Thursday is incomprehensible as a plan to strengthen America fiscally. It makes sense only as a desperate act in the midst of a dangerous caper gone bad: Having decided long ago that making Trump happy is more important than protecting the country, House Republicans acted accordingly when forced to choose.

Nick Catoggio

Amnesiac Nation

The background fact of this second Trump impeachment trial was how broadly popular it was. In January, a Monmouth survey found that 56 percent of Americans wanted Trump convicted. Quinnipiac reported that 59 percent regard him as responsible for inciting violence against the U.S. government. According to ABC/The Washington Post, 66 percent believe that Trump acted irresponsibly during the post-election period. According to polls, fewer than a quarter believed that Trump did “nothing wrong” on January 6.

Those are not the numbers on which to base a Grover Cleveland–style comeback tour—especially not when the majority of Americans also believe that Donald Trump did a bad job handling the COVID-19 pandemic and that President Joe Biden is doing a good job.

David Frum.

There came a time when “President Joe Biden” became a legal fiction, and that boosted Trump’s stock.

Abundance Agenda

Jonathan Chait writes about the civil war in the Democrat party over a proposed “abundance agenda” for the party.

Here are the pieces of that agenda, according to Chait:

[T]he canonical abundance agenda consists of three primary domains.

The first, and most familiar, is the need to expand the supply of housing by removing zoning rules and other legal barriers that prevent supply from meeting demand …

The second focus of abundance is to cut back the web of laws and regulations that turns any attempt to build public infrastructure into an expensive, agonizing nightmare …

The third domain, and the one that has received the least attention from commentators, is freeing up the government, especially the federal government, to be able to function. Policy wonks call this issue “state capacity.” The government itself is hamstrung by a thicket of rules that makes taking action difficult and makes tying up the government in lawsuits easy. The abundance agenda wants to deregulate the government itself, in order to enable it to do things.

The problem is that there’s a bloc of progressive special interests within the party (“the groups,” per the abundance agenda proponents), and the groups are large and unified (or at least in alliance):

The progressive movement seeks to maintain solidarity among its component groups, expecting each to endorse the positions taken by the others.

Much of the most vociferous opposition to the abundance agenda has zeroed in on its betrayal of this principle. The Roosevelt Institute’s Todd Tucker attacked Ezra Klein on X for his “survivor island approach to coalitions—first unions and Dems team up to vote enviros off the island, and then Dems turn on labor.” David Sirota, a left-wing journalist, complained, “Abundance Libs are insisting the big problem isn’t corporate power & oligarchs, it’s zoning laws & The Groups? Come on.” Austin Ahlman, a researcher at the Open Markets Institute, an anti-monopoly advocacy organization, mused, “You have to wonder whether the Abundance faction stuff would have landed better if the proponents had not laid the groundwork for it by first broadsiding every other organized constituency in the democratic tent.”

This angry response is not merely a knee-jerk reaction to criticism, but the logical outgrowth of a well-developed belief system. Since the Obama era, many of the component groups in the progressive coalition have drifted further left on their core demands. (Single-issue lobbies are naturally incentivized to grow more extreme over time—what organization is going to decide its pet cause is too unpopular or costly to merit a strident defense?)

At the same time, they have grown more purposeful about their belief that each group must stand behind all the positions outlined by the others. That is why civil-rights groups will demand student-debt relief, abortion-rights groups endorse abolishing the police, or trans-rights groups insist that Palestine should be liberated. Leah Hunt-Hendrix, an heir to the Hunt oil fortune who became a full-time progressive organizer, and who has raised and donated millions to causes such as the Sunrise Movement, the Debt Collective, and Black Lives Matter, articulated the principle of cross-endorsements in her book, Solidarity. She argues for “the necessity of working in coalition with progressive social movements,” and of resisting the opposition’s efforts “to weaponize a movement’s fault lines.”

Such progressives are not wrong to see the abundance agenda as a broader attack on their movement.

The Coming Democratic Civil War – The Atlantic

I have long believed that “the groups” impede Democrat success by alienating Democrats in the cultural mainstream. And as I’ve long said, whatever else Trump’s triumph means, it means major political realignment. The Democrat party’s travails over the abundance agenda, and controlling the toxic “groups,” could further advance that realignment, but I’m not sure it will benefit the Democrats all that much.

But then what do I know? I’m almost completely alienated from a country that can elect Velveeta Voldemort.

Your enemies are not demonic, and they are not all-powerful and the right hasn’t always lost and the left hasn’t always won. But if you convince yourself of that, you give yourselves all sorts of permission to do a lot of stupid and terrible things under the rubric of “Do you know what time it is?”

Jonah Goldberg.

Regarding said “lot of stupid and terrible things,” my failure to call out anything about the current regime does not mean I approve. There’s just too much, and on some of the apparent illegalities I don’t want to abuse my rusty credentials without thinking it through.

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my reflexive stuff, especially political here. (b) I also post some things on my favorite social medium. I am now exploring Radiopaper.com as well.

100% Political. Sorry.

“Lawfare” in a nutshell

What the federal courts are facing from the Trump administration is trolling, outright defiance, administration attorneys making representations to the court with the administration refusing to follow through, and in general, a double game:

(1) Trump 2.0 says “The establishment is broken. We need to come in and wreck the place. We need to up-end everything.. We need to start throwing tables. Everything’s got to change. We are an administration unlike any other.”
(2) The legal system responds as if Trump 2.0 is an administration unlike any other.
(3) Trump 2.0 complains that they are being treated differently.

David French on the Advisory Opinions podcast (lightly paraphrased).

I hesitate to distill it further, all the way down to “Trump is a hard case, and hard cases make bad law,” because I want to give fair-minded MAGA people (if any there be) a chance to see why he’s a hard case.

Another alternative is “this administration has forfeited the ‘presumption of regularity’ normally afforded the Executive branch,” but that’s a bit too in-the-weeds and also doesn’t explain the “why” of the forfeiture.

The One Big Beautiful Bill

As regular readers know, I try to keep things upbeat in this newsletter. So let me tell you what I like about The One Big Beautiful Bill that passed the House (barely) several hours ago.

I like the fact that it reflects the degree of seriousness with which Americans now govern themselves.

That’s satisfying. In a democracy, representatives are supposed to vote in accordance with the will of the people. If the people demand the policy equivalent of eating out of garbage cans, Congress should deliver. And it has.

The salient fact about this legislation isn’t that it’s “bad,” although it is, for reasons we’ll get into. Bad legislation isn’t noteworthy. We all expect it.

What’s striking about The One Big Beautiful Bill is that it makes no pretense of trying to grapple seriously with America’s problems, even though it’s the centerpiece of the president’s agenda.

…

House Republicans have given up on trying to improve the country. All they wanted was to pass the class, which they did this morning by a single vote on the House floor. The One Big Beautiful Bill is to legislation what an AI-generated essay is to education.

Meditate on this: When I call it “The One Big Beautiful Bill,” I’m not mocking the president by mimicking his habit of speaking in dopey Trump-ese. I’m using the official name given to the bill by House Republicans. American government has become so self-consciously unserious that it’s now advertising that unseriousness in how it refers to its own policies.

Nick Catoggio

Jeffrey Epstein

Say what you will about notorious sex trafficker and financier Jeffrey Epstein, at least he killed Jeffrey Epstein. That was the conclusion of the FBI and the U.S. Department of Justice’s inspector general back in 2019, but many Americans—including more than a few in the ranks of the MAGA movement—insisted that some sinister conspiracy, likely connected to powerful Democratic officials, killed Epstein before he could destroy more reputations and implicate others in his sordid deeds. Now, FBI Director Kash Patel and Deputy Director Dan Bongino have weighed in after reviewing the evidence, concluding that Epstein committed suicide. The pair made the declaration in an interview with Fox News’s Maria Bartiromo, and it’s hard to begrudge the handful of MAGA social-media types who reacted with surprise and a sense of betrayal. In fact, as recently as February 7, Bongino was talking up Epstein’s connections to the Clintons on his podcast and declaring, “It’s time to start overturning that rock, and seeing what’s underneath.” Apparently, sometimes when you turn over a rock, all you find is the bottom of a rock.

National Review Weekly email.

I’m shocked that Patel and Bongino passed up an opportunity to stir the pot. Will they be fired now for not following the game plan?

Your enemies are not demonic, and they are not all-powerful and the right hasn’t always lost and the left hasn’t always won. But if you convince yourself of that, you give yourselves all sorts of permission to do a lot of stupid and terrible things under the rubric of “Do you know what time it is?”

Jonah Goldberg.

Regarding said “lot of stupid and terrible things,” my failure to call out anything about the current regime does not mean I approve. There’s just too much, and on some of the apparent illegalities I don’t want to abuse my rusty legal credentials without thinking it through.

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my reflexive stuff, especially political here. (b) I also post some things on my favorite social medium. I am now exploring Radiopaper.com.

Two things I love

Why I need the NOAA

I don’t recall mentioning this before. There is a very interesting web page that compiles and fascinatingly presents weather data from National Oceanic and Atmospheric Administration (NOAA). I won’t tell you how to use it, but merely point out:

  • the menu in the lower left for your exploration
  • the possibility of customizing the bookmark in your browser so the page comes up centered on your own latitude and longitude (I don’t recall how I figured that out).

I was worried that NOAA would become a victim of DOGE vandalism so that we couldn’t get this kind of information readily.

Becket

Fully 23 years ago, I jetted off to Maui, all expenses paid, stayed in a Ritz-Carlton hotel at Kapalua, and spent my days learning to be a religious freedom lawyer. Or so I thought.

ADF (then “Alliance Defense Fund”, now “Alliance Defending Freedom”) had wealthy friends that made the (literally) ritzy accommodations possible. (For what it’s worth, I preferred the American Colony Hotel in Jerusalem — a separate trip on my own nickel — to Ritz Carlton Kapalua. Here endeth my luxury travel porn.)

I felt a bit out of place, surrounded mostly by evangelicals whereas I had been Orthodox for five years by then. And though I returned with a promise to ADF to do a lot of pro bono work, I never got a piece of a really juicy religious freedom case. This was, I think, because ADF was starting to realize that they needed a stable of specialist lawyers, almost all in-house, to do their work well, starting with strategic case selection. I could, but won’t, tell a story about poor case selection.

I have no dirt to deal on ADF. They were advancing an important mission and learning as they went on how best to advance it. But from early on, I cringed at their strident fundraising letters, with lots of culture-war red meat of the sort that opened wallets.* And I became uncomfortable at what I saw as mission creep, classifying more and more culture-war issues as part of their mission under their four rubrics of religious freedom, free speech, parental rights, and the sanctity of life.

Again: this isn’t dishing dirt; ADF’s changes were readily apparent to anyone with eyes, and I had and have no inside information (beyond that there were wealthy friends; it wasn’t all grass-roots).

I was reminded of this discomfiting evolution by a new lawsuit they’ve filed. I wish them well in this lawsuit, with the gist of which I agree. But for a long time I’ve been leery of “Christian” positions that map too readily onto GOP platforms (not that the GOP always bothers with platforms these days). “Christian” support for Trump has deepened my distrust. It would be very difficult to get me to send money if there were any alternative.

Fortunately, there is an alternative. I have now disregarded fundraising letters from ADF for long enough that they seem to have dried up. My commitment to religious freedom remains, but I now express it through support of Becket Fund, a remarkably quiet, self-effacing but successful advocate about which I have no qualms. I commend Becket to you if you share my concerns.

(* “To the hard of hearing you shout, and for the almost-blind you draw large and startling figures.” Flannery O’Connor)

Your enemies are not demonic, and they are not all-powerful and the right hasn’t always lost and the left hasn’t always won. But if you convince yourself of that, you give yourselves all sorts of permission to do a lot of stupid and terrible things under the rubric of “Do you know what time it is?”

Jonah Goldberg.

Regarding said “lot of stupid and terrible things,” my failure to call out anything about the current regime does not mean I approve. There’s just too much, and on some of the apparent illegalities I don’t want to abuse my credentials without thinking it through.

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

Immigration

The firehose of commentary on last Thursday’s birthright citizenship/nationwide injunction Supreme Court argument is now more a squirt gun. But I’ve had two very smart takes clipped for days now, and I think it’s time to get them out to readers:

Justice Ketanji Brown Jackson put it well in [last Thursday’s] argument:

[T]he real concern, I think, is that your argument [meaning that of the federal government] seems to turn our justice system, in my view at least, into a “catch me if you can” kind of regime from the standpoint of the executive, where everybody has to have a lawyer and file a lawsuit in order for the government to stop violating people’s rights.

Justice Kagan says let’s assume for the purpose of this that you’re wrong about the merits, that the government is not allowed to do this under the Constitution. And yet it seems to me that your argument says we get to keep on doing it until everyone who is potentially harmed by it figures out how to… file a lawsuit, hire a lawyer, et cetera. And I don’t understand how that is remotely consistent with the rule of law

This is especially true when, as in the birthright citizenship case, there are hundreds of thousands of victims of the government’s illegal policies, and many of them are poor or otherwise unable to readily file a lawsuit.

Ilya Somin, A Simple Defense of Nationwide Injunctions

Only the Supreme Court, the Administration asserts, can declare the policy unconstitutional as to persons who are not party to any lawsuit, and only the Supreme Court can enjoin the government from revoking the citizenship of persons similarly-situated to Able, Baker, and Charlie but located in other judicial districts.

It’s not a totally unreasonable position: only the Supreme Court has truly nationwide jurisdiction, and it alone should be permitted to decide “the law of the land,” not some district court in Texas or Massachusetts or Colorado.

But Justice Kagan identified the fatal flaw in the argument:

If [the government] wins this challenge and we say that there is no nationwide injunction and it all has to be through individual cases, then I can’t see how an individual who is not being treated equivalently to the individual who brought the case would have any ability to bring the substantive question to us…. In a case like this, the government has no incentive to bring this case to the Supreme Court because it’s not really losing anything. It’s losing a lot of individual cases, which still allow it to enforce its EO against the vast majority of people to whom it applies. . . . I’m suggesting that in a case in which the government is losing constantly, there’s nobody else who’s going to appeal; they’re all winning! It’s up to you, [the government], to decide whether to take this case to us. If I were in your shoes, there is no way I’d approach the Supreme Court with this case.

Which is exactly what happened here! …

… paradoxically enough, the more egregious the executive’s conduct – the more obviously and incontrovertibly unconstitutional it is – the more likely it is that it will lose every case, which will mean that the question of its constitutionality never gets to the Supreme Court for a conclusive ruling.

Clever, no? Another seam, or fault-line, in the web of constitutional protections and the separation of powers has been exposed.

I regard this as a fatal objection to a rule prohibiting non-party injunctions in all cases because it fails what we might call the Hitler Test: if we are ever so unfortunate as to have a president who wanted to do Hitler-ian things, would this rule help to prevent that from happening or not? It’s not a terribly high bar, but a rule prohibiting non-party injunctions in all cases doesn’t make it over.

David Post, Nationwide Injunctions and the Rule of Law

I have almost no doubt that the Trump administration will never bring the merits of its absurd birthright citizenship theories to the Supreme Court so long as it can continue acting on them against everyone who lacks the moxie or the wherewithal to file a lawsuit and get an injunction preventing enforcement against them personally. It will feel just fine if 10,000 successful plaintiffs can’t be deported so long as hundreds of thousands or millions can be plausibly threatened because they haven’t sued.

By the way: there are almost no honest politicians in the immigration fights. Everyone knows how to reduce illegal immigration to almost nothing: Congress must make e-Verify mandatory. They won’t do it because the economy relies on the mostly-menial labor of illegal immigrants, but they will bluff and bluster. And I’d give you pretty good odds that Donald J. Trump won’t deport them all for that reason, too. There will be just enough performative cruelty to keep MAGA happy.

Your enemies are not demonic, and they are not all-powerful and the right hasn’t always lost and the left hasn’t always won. But if you convince yourself of that, you give yourselves all sorts of permission to do a lot of stupid and terrible things under the rubric of “Do you know what time it is?”

Jonah Goldberg.

Regarding said “lot of stupid and terrible things,” my failure to call out anything about the current regime does not mean I approve. There’s just too much, and on some of the apparent illegalities I don’t want to abuse my credentials without thinking it through.

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

Special Emergency Edition

Emergencies seem to be all the rage these days, so I’m following suit by abandoning all my usual blogging practices and rushing this out with no second thoughts.

On Thursday, former FBI Director James Comey posted a picture on Instagram with the caption: “Cool shell formation on my beach walk.” The shells were arranged to spell out “8647.”  This became an outrage on social media because, obviously, Comey was calling for Donald Trump (the 47th president) to be murdered. 

Murdered? Yes. Murdered.

Donald Trump Jr. responded, “Just James Comey casually calling for my dad to be murdered.” Department of Homeland Secretary Kristi Noem leaped into action, tweeting, “Disgraced former FBI Director James Comey just called for the assassination of  @POTUS Trump. DHS and Secret Service is investigating this threat and will respond appropriately.” Current FBI Director Kash Patel, no doubt poolside in Vegas, said he was monitoring the situation closely, but the Secret Service was taking the lead. 

Not to be out done, Director of National Intelligence Tulsi Gabbard scrambled to deal with this emergency the way leaders in national security and intelligence have since the old OSS days: She ran to a camera to talk to Fox News’ Jesse Watters and told him, “The danger of this [Instagram photo of some shell-numbers] cannot be underestimated.”

Watters got to the real crux of the issue quickly. “Do you believe Comey should be in jail?”

“I do,” Gabbard replied … 

I don’t want to belabor this, because you’re either embarrassed for the country by this unconstrained idiocy and asininity or you should probably be reading Gateway Pundit’s coverage of this very serious assassination plot. I don’t think Comey was calling for Trump’s assassination. Nor do I think there’s a person out there who would be motivated to assassinate the president by the numbers 8647, whether spelled in seashells, Cheetos, or the decapitated heads of Barbie dolls. But just for the record, even if the shells spelled out “Trump should be fed face first to bears,” Comey would be in no legal jeopardy.  

I do love that the same crowd that bragged about restoring the First Amendment and vowed to end the era of weaponizing the justice system went straight to the claim that Comey’s obvious incitement of violence demands that he be put behind bars.  

There’s no rule saying you have to be this dumb.

Jonah Goldberg

(All my email signature blocks now end with “86 47”)

In political circles there are four subjects much discussed: (1, 2 and 3) President Trump and (4) How does the Democratic Party get its mojo back?

John Ellis

The past 24 hours have been something of a Rorschach Test for the Supreme Court. In the birthright citizenship case, the Court made clear that in emergencies, the judiciary must retain the power to enter universal injunctions, even if Article III does not otherwise permit such injunctions. And in A.A.R.P. v. Trump, the Court made clear that in emergencies, the court should certify a class without going through Rule 23, and grant an ex parte tro without considering any of the usual TRO factors.

What lesson should lower court judges take away? In cases of perceived emergencies, forget all the rules and make stuff up. When the executive branch takes such actions we call it an autocracy. When the courts do it, they call it the “rule of law.”

I will have much more to say about this order in due course.

Josh Blackman

Your enemies are not demonic, and they are not all-powerful and the right hasn’t always lost and the left hasn’t always won. But if you convince yourself of that, you give yourselves all sorts of permission to do a lot of stupid and terrible things under the rubric of “Do you know what time it is?”

Jonah Goldberg.

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