Category: Legalia

Tuesday, 9/11/18

Orthodoxy

1

As I’ve said before, it is my opinion that the collapse of religion is THE fundamental problem of Western Civilisation and without the restoration of religion we’re going nowhere. However unlike the Trads it is my opinion that an attempt to turn the clock back, and practice religion like it was practiced in the 1650’s is not going to work. Rather, the Christian religion is going to have to transform itself in someway if it is to successfully combat Modernity.

As for Christianity, Western Civilisation is really the civilisation built on basis of the Protestant and Catholic religions. Eastern Orthodoxy, while Christian is not of the West, and I would advise the Trads, those looking to turn the clock back to look at it, as it lacks the ability to change: It’s all tradition.

The Social Pathologist, a blog subtitled The Diseases of Modern Life as seen through the Secular Confessional.

I never really have comprehended the secularist case for the social importance of religion. I suppose it’s right, as secularists confessing it are making something of a declaration against interest. But whether I understand it or not, I appreciate people who don’t personally believe nevertheless giving Christianity its due.

So although I fault his word choice, “It’s all tradition” (we would say “it’s the faith once delivered to the Saints“), I especially appreciate his commendation of Orthodoxy to those not minded to (shudder) “innovate.”

We do consider “unchanging” a feature, not a bug.

I am skeptical, though, of the author’s claim that Protestantism is “a dying religion.” From “spiritual but not religious” to nuda scriptura, the desire to roll-your-own religion is powerful, and what earthly authority can pontificate that the rough beast, its hour come round at last, is not “Protestant,” strange fire and all?

When this somewhat wrong-headed fellow turns to Roman Cathoicism, I think he worth reading and considering, and that’s all I’m saying as I keep getting too deeply into the weeds of the current crisis in that tradition.

 

Shout-Out to an Adversary

2

I was unaware that a gay California legislator, who wants to outlaw “paid ‘conversion therapy,’ which purports to change a person’s sexual orientation,” pulled his own Bill at the last minute, though he had plenty of votes to pass it, because he seemed to think that the very vocal critics might be onto something and that he might make the Bill better (and, perhaps not incidentally, more resistant to First amendment challenge).

Perhaps the message is finally getting through: Wrongthink has some rights, and that it is justly embarrassing to pass a Bill, over objections of unconstitutionality, and then see it struck down as unconstitutional.

Kudos to Assemblyman Evan Low and to the Los Angeles Times for what reportedly was very fine coverage of the story.

 

SCOTUS

3

Not all California (or other) politicians are capable of the class Evan Low exhibited:

During Brett Kavanaugh’s confirmation hearings, [Kamala Harris] demanded to know whether the judge thought the president could legally politicize the Justice Department, for example by prosecuting his political enemies while going easy on his friends. Senator Harris would know more than a little about that: She wasted a great deal of time and a fair sum of Californians’ tax dollars illegally using her position as attorney general of California to attempt to bully nonprofits into giving up their donors lists. It was a transparent effort to target them for harassment and retaliation. That little jihad ultimately was ruled an unconstitutional violation of the First Amendment by the federal courts. Harris and her opposite number in New York State, Eric Schneiderman, did nothing but misuse their offices to harass their political rivals. (Well, in fairness, Schneiderman did take some time to beat women, if The New Yorker is to be believed, and resigned his office after three women accused him of abuse.) She misused her job like that was her job.

You know how this works: Liars think everybody is lying, cheaters think everybody else is a cheat, and self-serving political hacks who misuse their offices think that that’s just how the game is played, that everybody does it.

Kevin D. Williamson, The Caste System. He is absolutely right about abuse of the legal system for political purposes by Kamala Harris and Eric Schneiderman.

 

4

Whereas Trump is populist, intentionally divisive, anti-establishment, immoderate, and contemptuous of many of traditional norms of comity and civility, Kavanaugh is a product of the establishment, gets along with colleagues across the spectrum, respects precedent and plays by the rules. Any Republican president would have placed Kavanaugh on his short list. He has no associations with the Trump wing of the Republican Party. Trump nominated him in deference to the legal elite of the party, including the Federalist Society, many of whom are as concerned about Trump’s character and disposition as any Democrat.

The notion that any Trump nominee is illegitimate because he would shield Trump from hypothetical future subpoenas or prosecutions is belied by history. Nixon’s appointments voted against him in United States vs. Nixon, and Clinton’s appointments voted against him in Clinton vs. Jones. Kavanaugh has no closer relationship to Trump that those appointees did to the presidents who appointed them.

Michael W. McConnell. Eugene Volokh concurs.

 

5

I think I saw just once a passing reference to SCOTUS nominee Brett Kavanaugh’s high opinion of Merrick Garland, the Obama nominee whose “seat” the Republicans “stole” as the common trope has it.

Walter Olson confirms that it’s true and explains why the reference was fleeting.

I have no need of any other hypothesis.

 

6

Beyond wanting to restore its place as Asia’s dominant nation, China is seeking to become the most powerful and influential country in the world. Moreover, its economic success is allowing its authoritarian political system and mixed economic system to become a model for other countries. For the first time in decades, there is a worldwide debate about the best form of government and economic system.

Michael Morel. The authoritarianism of China’s government should not be underestimated. Two chilling stories, here and here.

 

Miscellany

7

Daniel Drezner satirizes the Anonymous New York Times Op-Ed.

Are major social media biased against conservatives?

I think maybe they are, functionally if not ideologically. But government regulation to eradicate bias is a cure worse than the disease.

That’s all I wanted to say.

I feel rather sorry for any prominent person named “T.J. McCarrick” even if the disgraced Cardinal‘s middle initial is “E.”

* * * * *

Follow me on Micro.blog Follow me on Micro.blog, too, where I blog tweet-like shorter items and … well, it’s evolving. Or, if you prefer, those micro.blog items also appear now at microblog.intellectualoid.com.

Political Potpourri, 9/10/18

The Good

1

Heather Mac Donald, in “The Diversity Delusion: How Race and Gender Pandering Corrupt the University and Undermine Our Culture,” notes that, “as of early 2018, 79 judges had issued rulings against schools’ rape trial procedures” adopted in conformity with the Obama administration’s dictates.

…

She says a 2006 University of Virginia survey found “that only 23 percent of the subjects whom the survey characterized as rape victims felt that they had been raped” …

Mac Donald notes that campus sexual-assault policies often assign “wildly asymmetrical responsibilities and liabilities.” In campuses’ alcohol-saturated hookup culture, men are assigned the Victorian role as guardians of frail females’ virtue: If he and she are drunk, she typically is absolved of agency and he is accountable for both of their behaviors. Yet, contradictorily, a core tenet of academic progressivism is that the differences between men and women are not innate, they are “socially constructed,” having nothing to do with biology. Never mind various cultures’ centuries of experience with laws and courtship rituals developed to tame the male libido.

George Will, defending Besty DeVos’s revision of Department of Education rules on handling of campus sexual assault complaints — which have been widely mischaracterized so egregiously that “bad faith” is almost the only explanation.

 

2

I asked the senator from Kentucky if his record on judicial appointments, including the decision to hold open the seat vacated after Scalia’s untimely death in February 2016 until after the presidential election was the most important part of his legacy as a senator. “I think it’s the most consequential series of things that I’ve done that have the longest impact on the country,” he answered. “In the legislative process,” he continued, “there’s not much you can do all by yourself. The one thing the majority leader can do that no one else can do is the schedule, what you will do or what you will not do. I think the decision not to fill the Scalia vacancy was the most consequential decision of my career. And I think the follow-up on that, to not only fill the Supreme Court vacancies, but put in place men and women [on the federal courts of appeals] who believe that the job is to interpret the law into as many places as we can, particularly at the circuit court level, for as long as we’re in the majority is the most important thing I will have been involved in in my career.”

Hugh Hewitt, Mitch McConnell has saved the Constitution.

For the record:

  1. I’m deeply ambivalent about the precedent of sitting on a SCOTUS nominee without hearings. It doesn’t pass a smell test even if it’s not unlawful.
  2. But I’m grateful for the quality of Trump’s judicial nominees and that their judicial philosophies* are more congruent with my own than Merrick Garland’s presumably** is.
  3. “Saved the Constitution” is hyperbole, but the stakes were high, and the tendency to see SCOTUS nominees as having “an agenda” is a sad symptom of the how the court is perceived, with some justification.

 

3

The truth is that “settled law” is just a euphemism that jurists and legal scholars use to refer to Supreme Court precedent that is indeed binding – but only until a majority of the justices decide that it should be overruled. In the 2003 e-mail, Kavanaugh was largely right to say that the Supreme Court “can always overrule its precedent.” And that’s a good thing. The Supreme Court needs to have the power to overturn flawed constitutional precedent, as this is usually the only way to correct wrong constitutional decisions, short of using the extraordinarily difficult amendment process.

…

Few people, particularly on the left, pine for the return of Bowers v. Hardwick, the 1986 case in which a narrow majority upheld the constitutionality of anti-sodomy laws. The Court eventually overruled Bowers in Lawrence v. Texas (2003), which has since become something of an iconic decision.

Ilya Somin (emphasis added). Somin doesn’t mention boring but binding precedent upholding anti-sodomy laws years before Bowers v. Hardwick:

The first challenge to a sodomy law to reach the U.S. Supreme court was Doe v. Commonwealth Attorney of Richmond in 1976. That case challenged Virginia’s sodomy law as a violation of the right to privacy. For technical reasons, the Supreme Court was required to consider the appeal of this decision upholding the law (in most circumstances, the Court only hears cases it selects). Although the Court accepted neither written nor oral arguments, its memorandum upholding the law is its first decision in a sodomy challenge.

ACLU, Getting Rid of Sodomy Laws. The one sentence summary affirmation was binding authority, and it meant in effect that there wasn’t enough merit to the case against sodomy laws to waste any time explaining why.

My own position long was that all jurisdictions should repeal sodomy laws, but I couldn’t find an acceptable constitutional rationale (a free-floating right of privacy just doesn’t cut it for me) for striking them down.

 

The Bad

4

Jay Sekulow, tried to argue to Robert Mueller that Trump could not be asked to give an interview because he is a compulsive liar. They literally explained to Mueller how they conducted a mock interview with Trump, and he was so unable to tell the truth that they considered him mentally disqualified from testifying:

Jay Sekulow went to Mueller’s office and re-enacted the mock interview. Their goal: to argue that Trump couldn’t possibly testify because he was incapable of telling the truth.

“He just made something up. That’s his nature,” Dowd said to Mueller.

It seems somehow unfair to let somebody remain on the job as president because he’s such a compulsive liar he can’t be allowed to testify under oath.

Jonathan Chait

 

5

Publicity is bad when it attracts the dogged scrutiny of a special counsel along the lines of Robert S. Mueller III. The man isn’t perfect. But he is deeply experienced and impervious to distractions. Trump has loosed a rabid and foaming Rudolph W. Giuliani on Mueller, to no more effect than a Pekingese yipping at a Greyhound bus. With his patrician wealth, his Bronze Star and his sterling résumé, Mueller neither wants nor fears anything Trump can bring.

On the other hand, Mueller has obtained certain things that, I’d wager, lie at or near the root of Trump’s mania. No, not the sordid details of a porn-star payoff. Trump has been known to spill dirt on himself to the tabloids just to stroke his own ego. He could be the emoji for shamelessness.

I’m talking about Trump’s bank records , turned over last year by Deutsche Bank, which also coughed up $630 million in fines in 2017 to settle charges of participating in a $10 billion Russian money-laundering scheme. And I’m talking about the immunized testimony of Trump’s longtime chief financial officer Allen Weisselberg . If anyone knows the details of money (Russian or otherwise, licit or not) moving through Trump’s privately held businesses, it’s this guy. And I’m talking about Trump’s personal and corporate tax returns, the ones he has been so determined to keep private, which Mueller almost certainly possesses .

This is the forest, I’ll bet, from which the president’s increasingly nutty behavior is being shaken.

David Von Drehle. Von Drehle also speculates that Jared Kushiner wrote The Anonymous Op-Ed, as even Jared and Ivanka need an exit strategy.

 

6

In nations that have known the horror of dictatorship or foreign occupation, there are often long traditions of what Poland’s national poet once called “patriotic treason” …

In occupied countries, large public events can spontaneously take on political overtones, too …

I am listing all these distant foreign events because at the moment they have strange echoes in Washington. Sen. John McCain’s funeral felt like one of those spontaneous political events. As in a dictatorship, people spoke in code: President Trump’s name was not mentioned, yet everybody understood that praise for McCain, a symbol of the dying values of the old Republican Party, was also criticism of the authoritarian populist in the White House …

There can be only one explanation for this kind of behavior: White House officials, and many others in Washington, really do not feel they are living in a fully legal state ….

Leading members of Congress might resist invoking the 25th Amendment, which would of course be described by Trump’s supporters as a “Cabinet coup.” The mob — not the literal, physical street mob, but the online mob that has replaced it — would seek revenge. There may not be any presidential goons, but any senior official who signs his or her name to a call for impeachment or removal will certainly be subjected to waves of hatred on social media, starting with a denunciation from the president. Recriminations will follow on Fox News, along with a smear campaign, a doxing campaign, attacks on the target’s family and perhaps worse. It is possible we have underestimated the degree to which our political culture has already become more authoritarian.

Anne Applebaum, Washington feels like the capital of an occupied country. This rang very true to me.

 

Elsewhere

7

In the wake of reports about his predecessor’s systematically harassing seminarians in a beach house, Cardinal Wuerl suggested that it was nothing that couldn’t be solved with more vacation time.

… Wuerl has announced a six-week “season of healing.” No penitence, no accountability. Just an announcement that in six weeks, he expects his image to be rehabbed, and everyone else will have to move on. You weren’t healed during my season of healing? That’s on you, bub. As for me, it’s time for another retreat with the lads.

Michael Brendan Dougherty

Footnote

* I say “philosophies” in the plural because Brett Kavanaugh says he is an “originalist” while others insist he’s a “textualist.”

** I say “presumably” because we never got the hearings that would have identified his reportedly moderate philosophy.

* * * * *

Follow me on Micro.blog Follow me on Micro.blog, too, where I blog tweet-like shorter items and … well, it’s evolving. Or, if you prefer, those micro.blog items also appear now at microblog.intellectualoid.com.

Saturday, 9/8/18

1

07stephensWeb-superJumbo

Where do I buy the hat on the left?

Bret Stephens continues his open letter to big-bucks politial donor targets:

The next time you meet a candidate asking for your money, start the conversation with two questions. First: “When did you last change your mind on a significant political, economic or social issue, and why?” Second (if the candidate is already in politics): “When did you vote with the other side?”

…

In person, many of you are nuanced, balanced and sane in your overall political outlook, irrespective of whether you lean left or right. The problem is that you tend to care mainly about specific policy outcomes — killing the Iran deal, say, or acting on climate — and you’re willing to swallow your misgivings about the other stuff, like Donald Trump’s character or the Democrats’ Sandernista tendencies.

Sacrificed in the bargain is much concern about the tone of campaigns, the rules of politics, the process of policymaking, and ordinary considerations of collegiality and respect.

Let me ask you to think hard about the increasing cost of that bargain. A president who rages like King Lear on the heath because an op-ed in The Times was mean to him. Senate Democrats who cheerfully turn a Supreme Court confirmation hearing into a carnival show while they audition for the Democratic nomination. The collapse of regular order. The vanishing filibuster. The constant threat of government shutdowns. The ceaseless campaign that always comes at the expense of governance. The administrative state on which we increasingly rely to run things because elected officials can’t. The rush to the exits by the more honorable public servants.

This is the politics of maximum polarization and total paralysis, waged with the intensity of the Battle of the Somme and yielding about as much ground. Right now, you’re contributing to this. Stop.

There’s an alternative. Split more of your money between the parties. Fund candidates with proven or potential cross-party appeal. Help out politicians with scores below 100 percent from the N.R.A. or the Sierra Club. Set up a PAC — call it SanePAC or NotNutsPAC — to help candidates facing primary challenges from the further-right or further-left. Expand the reach of purple America at the expense of deep red or deep blue.

I, a Trimmer, endorse this message. I’d add that part of “the cost of the bargain” is bullshit “gotcha” attempts that make the Newspaper of Record look crypto-Resistant.

2

Almost all the excellent reporting of the last year and a half has also been fed by constant distress signals from within the White House, where grown-ups have had to contend with a psychologically disturbed, delusional, and hugely ignorant president, who has no capacity or willingness to learn.

…

Sometimes I think it’s useful to think of this presidency as a hostage-taking situation. We have a president holding liberal democracy hostage, empowered by a cult following. The goal is to get through this without killing any hostages, i.e., without irreparable breaches in our democratic system. Come at him too directly and you might provoke the very thing you are trying to avoid. Somehow, we have to get the nut job to put the gun down and let the hostages go, without giving in to any of his demands. From the moment Trump took office, we were in this emergency. All that we now know, in a way we didn’t, say, a year ago, is that the chances of a successful resolution are close to zero.

Andrew Sullivan

I can’t endorse much of what Sullivan wrote this week beyond these snippets.

3

Conservatives have long derided “activist” judges who, they argued, issued sweeping social policy without a popular mandate or widespread support. Such protestations helped propel a movement. They might do well to heed their own warnings.

Joshua Zeitz, concluding Why Conservatives Should Beware a Roe v. Wade Repeal. I only came across this because John Fea, who I’ve been following for a month or so, fell for it.

First, any “lack of popular mandate or widespread support” has little if nothing to do with conservative laments about liberal judicial activism. That is a straw man, pure and simple.

Thank you for letting me get that off my chest.

As for the rest, maybe I’m jaded by having spent too much time “in the trenches,” but it strikes me as targeted at a squishy and ignorant set of fence-straddlers. Zeitz’s con goes like this:

  • The pro-abortion side won the battle in Roe v. Wade but suffered the grievous wound of overreach (which is true).
  • Public sentiment is somewhat more pro-abortion now than in 1973 (which I’ll take as true for sake of argument).
  • If conservatives overreach, they, too, could suffer the wound of overreach (which is garbled in its elaboration).

John Fea actually fell for the fallacy that reversal or overruling (not “repeal,” as in Zeitz’s title) of Roe would make abortion virtually illegal (“one can only imagine the strength of the counter-reaction should a conservative court all but criminalize …”).

Reversal of Roe would, in the overwhelmingly likeliest case, return the abortion issue to state legislatures, where the response would vary from complete bans on abortion (which would be widely ignored in “hard cases” after the signing photos were taken) to complete legality with public funding (can you say “California”?).

A vanishly unlikely theory would actually read an abortion ban into the 14th Amendment. The theory argues, in effect, that exploding understanding of fetal development and our early criminal abortion laws were contemporaneous with the 14th Amendment; so contemporaries, if asked, would have said “Why yes, now that you mention it, I guess fetuses are constitutional ‘persons’.” I’m not sure whether anyone is actually advancing this theory in any legal cases. I became aware of it from a third-tier law journal. I hope it’s recognized as “a bridge too far” invitation to conservative judicial activism.

Since neither Roe nor Planned Parenthood v. Casey was well-reasoned or highly principled (Casey effectively replaced Roe with a rationale that is even more patently mockable), I would be personally gratified by the restoration of some constitutional equilibrium through reversing that line of cases.

That reversal would, indeed, be followed by something approaching 50 fierce state legislative debates. The results in most states would be compromises that neither side liked. But that’s where the issue belongs, I believe.

Now: all that having been said, I have been persuaded that a likelier result than any reversal of Roe/Casey is continued chipping away.

It is, after all, not really within the control of “conservatives” — or of Donald Trump, despite campaign bloviating about what his nominees would do — whether bad “progressive” precedents from 45 years back stand or fall.

The Supreme Court, in whose control it is, does not disregard factors like a bad precedent having nevertheless become woven into the social fabric, or a reversal, howsoever well-reasoned, reinforcing the lamentable perception that the Courts are really just super-legislatures.

I’m betting nothing I can’t afford to lose on overruling of Roe in my lifetime.

4

Congressional G.O.P. Agenda Quietly Falls Into Place Even as Trump Steals the Spotlight. Very misleading headline if one thinks an agenda for Congress is more than confirming POTUS’s judicial nominees. There is no GOP congressional agenda revealed in this story.

5

Perhaps most concerning, Judge Kavanaugh seems to have trouble remembering certain important facts about his years of service to Republican administrations. More than once this week, he testified in a way that appeared to directly contradict evidence in the record.

For example, he testified that Roe v. Wade is “settled as a precedent of the Supreme Court.” But he said essentially the opposite in a 2003 email leaked to The Times. “I am not sure that all legal scholars refer to Roe as the settled law of the land at the Supreme Court level since Court can always overrule its precedent, and three current Justices on the Court would do so,” he wrote then.

Judge Kavanaugh’s backers in the Senate brushed this off by pointing out that his 2003 statement was factually correct. They’re right, which means that his testimony this week was both disingenuous and meaningless.

If the New York Times submitted this drivel as part of a resumé for a “Fact-Checking” position, I wouldn’t give them an interview.

6

Here’s a quote, via the Telegraph, from the prosecutor in the trial where Karen White admitted two indecent assaults against female prisoners:

“The defendant would stand very close to [the victim], touch her arm and wink at her. Her penis was erect and sticking out of the top of her trousers.”

I swear, I wasn’t going to pass along Rod Dreher’s story of tragic stupidity in the Anglosphere, but the Prosecutor’s remark toward the end was irresistibly classic trans gibberish.

* * * * *

Follow me on Micro.blog Follow me on Micro.blog, too, where I blog tweet-like shorter items and … well, it’s evolving. Or, if you prefer, those micro.blog items also appear now at microblog.intellectualoid.com.

My blog overfloweth

Oh dear! So much that’s shareable today!

The Clergy Sexual Abuse Scandal

1

Nike reportedly is facing a boycott for an ad featuring Colin Kaepernick, who famously “took the knee” during the NFL’s repulsive and gratuitous pre-game patriotic frenzies.

Kaepernick

We’ll see if Nike actually believes in something, “even if it means sacrificing everything.” Nike has set itself up nicely to illustrate how “courage” no less than “patriotism” can be insincerely weaponized for commercial purposes.

Contrast:

Viganò

2

Ross Douthat … in a twitter thread which noted, among other things,

One of the striking things about the Hebrew Bible is that it’s the record of a people that makes extraordinary claims for itself — that their tribal god is the Only God, that they are His chosen people, that all nations will eventually worship him, etc.

And they buttress those claims with an extensive history in which they are … terrible. Morally terrible, politically impotent, constantly apostasizing, ignoring their prophets, the works.

Basically the Hebrew Bible says: “Hi, we’re the true chosen people of God, and to prove it let us tell a long series of stories about how our patriarchs were sinners, our kings were even worse, and we failed God completely time and time again.”

The best king of Israel, the awesome all-conquering one, is a philanderer and murderer. The second-best one, the temple-builder, becomes an idol-worshiper. And about the rest, the less said the better.

Pace certain evangelicals-for-Trump and certain RC churchmen, this is not an argument for tolerating ugliness in service of some higher good. God and His prophet deal very harshly w/David when he kills Uriah, and the attitude of the prophets throughout is horror at Israel’s sins.

But for all their horror the prophets never doubt that Israel is the elect, the chosen people, God’s intended bride. And if the Old Testament is supposed to be a revelation with big implications for the new covenant, for the Christian church, that part is important.

Eve Tushnet quoting, obviously, Ross Douthat.

Trump & the Vichy Republicans

3

News:

Two long running, Obama era, investigations of two very popular Republican Congressmen were brought to a well publicized charge, just ahead of the Mid-Terms, by the Jeff Sessions Justice Department. Two easy wins now in doubt because there is not enough time. Good job Jeff.

(Another damned Tweet by our Tweeter-in-Chief, who thinks an Attorney General is a wingman.)

News analysis by Peter Baker and Nicholas Fandos:

  • His tweet over the holiday weekend chastising Jeff Sessions, the attorney general, for the Justice Department’s recent indictments of two Republican congressmen because it could cost the party seats in November crossed lines that even he had not yet breached, asserting that specific continuing criminal prosecutions should be decided on the basis of partisan advantage.
  • “I think it was appalling,” Senator Susan Collins of Maine, another Republican, told reporters asking on Tuesday about the tweet. “It’s unbelievable. It’s unbelievable.”
  • Over nearly 20 months in office, Mr. Trump has repeatedly castigated the Justice Department and the F.B.I. for investigating his associates and not investigating his enemies. He has threatened time and again to fire Mr. Sessions because his recusal from the Russia investigation meant that he could not protect the president from the inquiry.
  • Mr. Trump’s suggestion would have been a major scandal under any other president, veterans of past administrations said. “His interference in an ongoing criminal investigation may be the single most shocking thing he’s done as president,” said Walter E. Dellinger, a former acting solicitor general under President Bill Clinton.
  • Senator Jeff Flake of Arizona, a Republican who has been among the president’s most outspoken critics in his own party, had the same reaction. “Those who study this kind of thing say it’s a lot more evidence for abuse of power or obstruction,” he said. “I just know it’s not healthy for the institutions of government to have the president want to use the Department of Justice that way.”
  • Senator Lisa Murkowski, Republican of Alaska, likewise criticized the president’s comments. “I’m looking at them just as you are looking at them,” she told reporters. “I thought that yesterday’s comments were not appropriate and they upset me.”

I agree with Walter Dellinger. If Trump is impeached, I hope his browbeating of law enforcement people for doing their jobs is prominent among the charges.

4

Ross Douthat imagines the defense theme of the Vichy Republicans in the court of public opinion:

Yes, they would say, the president is erratic, dangerous, unfit and bigoted. But notwithstanding certain columnist fantasies you can’t impeach somebody for all that — or for pretending to be a dictator on Twitter, for that matter. And by the standards of any normal presidency we still have him contained.

Sure, the trade wars are bad, but every president launches at least one dumb trade war. We stopped the child migrant business, his other immigration moves are just stepped-up enforcement of the law, we’ve stepped back from the brink (however bizarrely) with the North Koreans, we’re still sanctioning the Russians.

Meanwhile he’s nominated the most establishment Republican jurist possible to the Supreme Court, and we won’t even let him fire his own attorney general, let alone Bob Mueller.

Look, we’re not enabling an American Putin here. We’re just babysitting the most impotent chief executive we’ll ever see, and locking in some good judges before the Democrats sweep us out.

5

I have given my qualified approval to President Trump’s defense of religious freedom. The qualification is that he hasn’t shown any solicitude for the religious freedom of anyone other than Evangelical Protestants (though we other Christians collect crumbs from their State Dinner Table).

Here’s someone else’s expression of one instance of where Trump has been bad on religious freedom.

Kavanaugh Confirmation Hearings

6

Ben Sasse Conducts a Two-Minute Master Class in American Civics

7

Democrats Open Contentious Hearings With Attack on ‘Partisan’ Kavanaugh

When the New York Times puts in scare-quotes “partisan” as a description of a Republican Supreme Court nominee, I think it’s a sign that the Democrats beslimed themselves pretty good yesterday.

Is Steve Bannon fit for polite company?

8

A Venn diagram showing New Yorker readers and Trump fans would contain two circles miles apart. The folks in the New Yorker circle are far more likely to believe that Trump is a nascent despot than to believe that he is anything like a normal president. Nor are they likely to change their minds simply by spending an hour in the physical presence of Bannon.

…

Left-leaning cultural arbiters became too skillful with their weapon of choice, mastering those institutions so completely that certain kinds of progressivism became not merely normal, but mandatory. But by leaving less and less room for dissenters, the hegemons created a counter-tribe of outsiders who reject their authority as vehemently as they exert it. And thus, for the same reasons that the beliefs of New Yorker readers are in no danger from Steve Bannon, the views of Trump fans are entirely safe from David Remnick.

What’s left is a kind of ceremonial cleansing of the sacred city, a mighty labor to make sure that the two circles on the Venn diagram never, ever come into contact. There’s something admirable about uncompromising ethical purity, but also something rather dangerous. For it means that outside your circle, there’s an entirely different normal. And if you abdicate any influence over that alternate normality, while rigorously expelling your own heretics, you may one day awake to find that your impeccably maintained ring of truth has been swamped by that other normal, now grown entirely beyond your control.

Megan McArdle

9

I agree with those who think that he should never have been invited. Steve Bannon keeps failing in his various projects to overthrow the establishment or create a political mass movement. Were it not for the lavish media attention he still gets, he’d be a classic coffee-house revolutionary, regaling strangers about how he came “this close” to ruling and how, with a little help from you, he can get the revolution restarted. But because he provides relatively good quotes and calls back journalists, the mainstream media have an investment in keeping him more relevant that he really is. He was fired by Trump, defenestrated by Breitbart and the Mercers, and lives on largely as a useful prop for the media he claims to despise.

Jonah Goldberg

10

New Yorker, editor David Remnick, explaining why he had extended, and then quickly rescinded, an invitation to former presidential adviser Stephen K. Bannon to be interviewed on a public stage.

…

[I]t’s worth considering what Remnick’s disinvitation has actually achieved. Here’s my list:

It has kept Bannon’s name prominently in the news, no doubt to his considerable delight. It has turned a nativist bigot into a victim of liberal censorship. It has lent credence to the belief that journalists are, as Bannon said of Remnick, “gutless.” It has corroborated the view that the news media is a collection of left-wing group thinkers who, if they aren’t quite peddling “fake news,” are mainly interested in advancing only their own truths. It has kept readers of The New Yorker locked in their usual echo chamber. It has strengthened the belief that vulnerable institutions can be hounded into submitting to the irascible (and unappeasable) demands of social media mobs. Above all, it has foreclosed an opportunity to submit Bannon to the kind of probing examination that Remnick had initially promised, and that is journalism at its best.

The next time we journalists demand “courage” of the politicians, let’s first take care to prove that we know what the word means, and to exhibit some courage ourselves.

Bret Stephens

As Rod Dreher points out, The Economist did it better.

Miscellany

11

John McCain, well aware of his impending death, orchestrated a Resistance Funeral.

It’s currently obligatory to overlook his flaws as well as to remember his virtues, and I’ll not breach my obligation just yet. Indeed, I expect canonization forthwith.

But what I didn’t expect is hectoring pundits posing “WWJMD” criticisms every time Republicans do something deemed insufficiently bipartisan.

12

If you consider yourself a sane conservative, I’d suggest you bookmark the US edition of the Spectator. It’s pretty lively, with some voices other than the usual suspects.

It was there, for instance, that I learned that:

The Pussy Church of Modern Witchcraft (PCMW) in Maryland has just been afforded Tax Exempt Status by the IRS, which recognised it as a legitimate place of worship, or rather a ‘place of lesbian faith’. Serving a lesbian-feminist congregation, the PCMW is described on its website as, ‘a congregation of female-born, lesbian-led Women devoted to the liberation of Women and Girls from the oppression we face based on our sex.’

 

* * * * *

Follow me on Micro.blog Follow me on Micro.blog, too, where I blog tweet-like shorter items and … well, it’s evolving. Or, if you prefer, those micro.blog items also appear now at microblog.intellectualoid.com.

Kavanaugh hearings

Forget the breathless and endless speculation about how judicial nominees will rule on this or that hot-button “issue.” Judicial “agendas” are not the way courts work in theory, and since it’s a good theory it predicts judicial behavior most of the time.

I saved for last (in a fairly short blog) some wry comments on the hearing process itself.

1

No Court with Chief Justice John Roberts as the swing vote is going to overturn precedents willy-nilly, even if an originalist interpretation of the Constitution suggests that it should. The Court has other things to consider, such as how deeply precedents have become embedded in law and social practice.

… The real reason Democrats are furious about a Court with five conservatives is that it may no longer be an engine of progressive policy. If liberals want to guarantee a minimum income or a right to suicide, they will have to persuade voters and pass it democratically. No longer will five or six Justices be able to find such rights in the “penumbras” and “emanations” of the Constitution.

Wall Street Journal editorial.

You really could drop “with Chief Justice John Roberts as the swing vote.”

2

A judge sworn to decide impartially can offer no forecasts, no hints, for that would show not only disregard for the specifics of the particular case—it would display disdain for the entire judicial process.

Ruth Bader Ginsburg’s opening statement at her confirmation hearings in 1993, via David B. Rivkin Jr. and Andrew M. Grossman in the Wall Street Journal.

They continue:

Judges are appointed to exercise the “judicial power.” As per the Constitution, this involves deciding specific “cases” or “controversies”—that is, concrete disputes involving real facts, as opposed to abstract questions of law. Judging, in turn, entails the application of law to the facts of a particular case. The facts matter greatly: The way in which the circumstances of a given case can be distinguished from one in the past or one in the future is often what creates the basis for a legal rule, because it is that distinction that becomes legally material.

Judges don’t decide cases in a vacuum or through divine inspiration. They do it in the crucible of adversarial testing. Appellate judges read the parties’ briefs. They hear the lawyers’ arguments. They review the precedents and the factual record. Then they piece it all together, rendering a decision that, in Justice Ginsburg’s formulation, “should turn on those facts and the governing law, stated and explained in light of the particular arguments the parties or their representatives present.” Opining on a legal question divorced from the context of a particular case is not judging at all. It is speculation, a guess as to what the right rule might be.

In that sense, a senatorial demand that a nominee take one side or the other on a given “issue” is futile. Who is to say which of any number of possible factual circumstances might be relevant when, because there is no case, there are no facts? How can anyone judge the correctness of an argument when, because there are no parties, no one has argued for or against it? Answering at all would be deceptive.

… A nominee’s advance commitment to decide a question a certain way is incompatible with the appearance of fairness and impartiality that gives the law its legitimacy.

(Emphasis added)

This is the best explanation of the difference between judging and legislating that can recall ever having read. Re-read Nominee Ginsburg’s admirable summary now and see how apt it is.

(Has it really been 25 years since Ginsburg’s confirmation?! Not possible!)

3

Ross Douthat and Frank Bruni on the Kavanaugh confirmation hearings:

Douthat: They are an extensive exercise in senatorial grandstanding, defensible only on the grounds that days and days of stupefying boredom might somehow prompt a judicial nominee to break down, Colonel Jessup-style, and scream, “You’re goddamn right I’m going to overturn Roe v. Wade!” But Brett Kavanaugh was genetically engineered by mad scientists working in the Federalist Society’s basement to never, ever, break down ….

Bruni: These hearings are also about the 2020 presidential election. It’s worth noting that at least three potential Democratic presidential contenders — Amy Klobuchar, Cory Booker and Kamala Harris — will get to ask Kavanaugh questions. Which means that they won’t really be asking questions per se. They’ll be swept up in an audition, a preen-a-thon, “American Idol: Democratic Nominee Edition.” For those who want to skip it, I can give you an oxymoronic advance recap: Kavanaugh dodges question; Klobuchar delivers rousing soliloquy; Kavanaugh punts; Booker wows the room with fierce words; Kavanaugh sidesteps; Harris’s voice rises high.

Douthat: If one of them can get Kavanaugh to lose his cool, that senator will be the Democratic nominee by default — though really, I half expect Michael Avenatti to crash the hearings and try to effect a citizen’s arrest of Kavanaugh, at which point he’ll be handed the Democratic nomination by acclamation.

* * * * *

Jesus said to them “A prophet is not without honor except in his own country, among his own relatives, and in his own house.” Now He could do no mighty work there, except that He laid His hands on a few sick people and healed them. (Mark 6:4-5)

Follow me on Micro.blog Follow me on Micro.blog, too, where I blog tweet-like shorter items and … well, it’s evolving. Or, if you prefer, those micro.blog items also appear now at microblog.intellectualoid.com.

Right-wing discriminators

This week’s GetReligion podcast, How did investigating McCarrick turn into a right-wing thing?, brought back unpleasant memories.

The New York Times broke the story of the McCarrick scandal, a scandal about a charismatic, but retired, U.S. Cardinal’s sexual predations (should any reader have been living in a cave, or should this blog turn up in an internet WayBack Machine some century hence).

The story was “newsworthy” until Archbishop Carlo Maria Viganò steered it in a direction that made Pope Francis look bad. Now the newsworthy story in some quarters is the Vast Viganò Right-Wing Conspiracy against the current Pope, who is styled a “reformer” with all that connotes.

I’ve been here before — the place where truth or falsity is irrelevant because … Tribe.

* * *

Decades ago, a City Councilman in my hometown introduced an amendment to add sexual orientation as a protected class in our Human Relations Ordinance (a pretty weak and ineffectual thing, really, but the symbolism was big). The Councilman was acting, it was reported, in the wake of his son “coming out.”

There was a fierce debate over the amendment. My City Council patiently pretended to listen to concerns — I’ll give them that; no odious limits on public comments — before they passed it. The press, of course, supported it.

A few years later, that “out” son was accused of spiriting two adolescent boys away from the home for troubled boys where he was employed as a counselor, and sodomizing them in his parents’ Rec Room. He seemed to make a habit of it, taking them one at a time.

The accusers were savaged in the press and public opinion despite, whether their stories were true or false, the scandal that this self-acknowledged homosexual, one Greg Ledbetter, was employed as a fox to guard the henhouse of the Cary Home for troubled boys.

If you want to know where press bias is shown, think “story selection,” not “spin.” The “news” was that some adolescent pawns had been incited to accuse the poster boy of a progressive ordinance, not that a young man who lusted after young men had been given sexual access to a whole house full of already-troubled young men.

Go figure. No, on second thought, don’t bother.

When the lads recanted their stories, the press did a victory dance and reminded everyone how cruel we right-wing conspirators had been to the Ledbetter Family and young Greg, even mysteriously finding some way to force these lads into telling a cock-and-bull story.

Greg Ledbetter is now in prison in Wisconsin for buggering ten adolescent boys there. In the Wisconsin investigation, videos were found of his sodomizing the two accusers who had recanted their (true) charges. And they found scrapbooks on how, with the help of his enablers, he avoided a reckoning here.

I’ve written here, here and here about the Greg Ledbetter affair should you be interested. My role was one of the right-wing conspirators. I never opined that the charges against Ledbetter were true, but I found them basically plausible, and Ledbetter’s employment in a job where he could gain sexual access to troubled boys absolutely appalling. As I once put it:

[O]n the theory that “we’re just like you except that we prefer the same sex,” I consult my own feelings (especially when I was a younger adult) about sexually mature adolescent girls. Hmmm. It seems to me that it would be highly imprudent to put a young straight guy in a position where he could finagle sexual access to nubile female charges.

Nobody in any position of authority ever publicly admitted that the homosexual orientation of a young male applicant, for a job involving unsupervised access to trouble adolescent males, was a relevant factor, perhaps even disqualifying. In fact, in every local jurisdiction in my county, we still have ordinances categorically forbidding discrimination in employment on the basis of sexual orientation, with no qualification that it be “invidious” discrimination, nor any nod toward sexual orientation being relevant to at least a few jobs.

I can only hope that we have scofflaws in positions of hiring authority for those jobs, and that our Human Relations Commissions are not too packed with ideologues to wink at non-invidious discrimination.

“Discrimination” in the sense of “treating differently” should be the beginning of a conversation or analysis, not a “conversation-stopper.” But it’s not so. At the mention (“but that would be discriminaaaaaaation!”) eyes glaze over and visages turn fierce.

We’ll never begin to reduce sexual predation of adolescents until we wise up that allowing adults, especially young ones, unsupervised access to adolescents of the sex they prefer is not an enlightened progressive policy but a vice indistinguishable in practical effect from turning a Russian Roulette gun on the kids — but with two or three chambers loaded, not just one.

* * *

The semi-discerning have been noting that the sexual abuse scandal in the Roman Church these days involves ephebophilia, not pedophilia. I’ve fallen into that myself, and I might yet again.

But I think that “ephebophilia” is not quite right, either. I don’t think the problem is any version of chronophilia, “sexual attraction limited to individuals of particular age ranges” (emphasis added).

The problem of priests molesting adolescent males is an epiphenomenon of homosexual priests. Period. Full stop.

Consider that carefully. 100% of the abusers are male, and 81% of their victims are underage males. What kind of men systematically abuse boys and male teens?

Our liberal media does not want to answer that question, for obvious reasons. They have their agenda, and the flourishing of the Catholic Church is not on it.

Eric Mader

Some day, the refusal of homophiles (i.e., all major cultural institutions) to admit the nexus between unchaste homosexual priests and predation on adolescent boys will be seen as a terrible ideological sin (pas d’ennemi au gauche) that enabled continued predation.

* * * * *

Follow me on Micro.blog Follow me on Micro.blog, too, where I blog tweet-like shorter items and … well, it’s evolving. Or, if you prefer, those micro.blog items also appear now at microblog.intellectualoid.com.

Spleen ventings (and more)

1

Spleen venting #1: I’m pleased that the American Bar Association, which marginalized itself over decades, will now be denied its long preeminence in advising the Senate on federal judicial nominees.

I’m one of those who quit the ABA in 1992 when it endorsed abortion. I still say “to hell with ’em.”

They can line up with all the other conservative and liberal interest groups, as a liberal interest group is all they are these days.

2

Spleen venting #2:

This is what court evangelicals do. They tell the president to fire an Attorney General who rightly recused himself from the Mueller investigation. Falwell Jr. wants Sessions fired in the hopes that his replacement as Attorney General will end the investigation. In other words, Falwell Jr. wants to protect Trump against accusations that he is an adulterer, a liar, and a felon.

John Fea, Jerry Falwell Jr. Told Trump to Fire Sessions

This strikes me, a former Evangelical, viscerally, as I was enrolled for three semesters, during the Vietnam War, in a Christianish educational institution where support of that war was a litmus test.

I don’t think that educational mis-step of mine was why I left Evangelicalism; it certainly was not the proximate cause (the proximate cause was disenthrallment with Dispensationalism and discovery of Calvinism, which I also left decades later — see below). But I’ve never given a dime to that place after leaving.

Falwell, too, is making enemies of many of his growing number of former students.

And because all American Christians are judged disproportionately by the doings of “Rome” and Fundamentalists/Evangelicals, I’m feeling a bit slimed again.

(Hereditary Evangelical fiefdoms, by the way, are a scandal too rarely highlighted.)

3

Trump hates the media because he hates the news, and he hates the news because the news about him is bad. Unable to attack the news itself, he attacks those who report it. He isn’t the first president to attack the press, but he’s the first to label it “the enemy of the people” — a Stalinist term so odious that Nikita Khrushchev banned it. President Richard Nixon said, “The press is the enemy,” but at least he said it privately, as a means of venting, not on social media or to raucous crowds who prefer the Second Amendment to the First.

…

In his book The True Believer, Eric Hoffer wrote, “Mass movements can rise and spread without belief in a God, but never without belief in a devil.” …

Last month, Attorney General Jeff Sessions said that colleges were turning young people into sensitive snowflakes. Trump is the ultimate snowflake. He wants all of cyberspace to be his safe space.

As Harry Truman famously didn’t say, if you can’t stand the heat, complain about the heat, lie about the heat, and, if possible, ban ovens and stoves.

To find out what Truman really said, Google it.

Windsor Mann, Please be sensitive to our snowflake president’s need for safe space.

Gotta either laugh or cry. I try to choose laughter, even if derisive.

4

It’s interesting to consider, but the Protestants I’ve known who became Catholic were not angry at the church they left behind. They’re been simply grateful to have embraced what they consider to be a more truthful, richer form of the Christian faith. The ex-Catholics I’ve known tend to be angry. In all honesty, I haven’t known many ex-Catholics who were Protestant or Orthodox. Almost all of the ex-Catholics I know ceased to practice any form of the Christian faith. It hadn’t occurred to me until this morning, but I think that’s interesting. Why might they leave Christianity entirely, instead of just become Episcopalian or Southern Baptist?

The answer, I believe, is that Catholicism is such a totalizing faith. That’s not a criticism at all …

I describe having lost the ability to believe in it anymore as like leaving a bad marriage. I wanted so bad for this “marriage” to work, but I realized one day that my bride didn’t love me, that she loved herself, and was going to do whatever she wanted to do, and to hell with me and the kids. Staying in this marriage meant putting up with her abusiveness. I couldn’t do it anymore ….

…

Believe it or not, one reason I write so often about this current Catholic scandal is that I want the Catholic Church to be healthy and holy. I may not be part of it anymore, but if she is sick unto death, then that affects the entire Body of Christ. If I had no Christian faith at all, I would still want the Church to be healthy, because as that scintillating atheist Camille Paglia has said in the past, the Church is a pillar of our civilization. No church, and we descend into barbarism.

Rod Dreher, reflecting, musing broadly on Damon Linker’s leaving the Roman Church (bold in original, italics added — though italics seem to disappear in this stylesheet).

I may have mis-gauged how coherent this excerpt would be without the elided material. It’s another powerful way of expressing the sense of loss Rod felt and still feels. I hope Linker feels it too, and finds Christ too compelling to forsake His Church (a very loaded term in this context) entirely.

For what it’s worth, my experience echoes Rod’s in this regard: I left Evangelicalism for Calvinism, pretty bitter about what I perceived as its pervasive Dispensational Premillennialism (it dawned on me later that I did not get that from my parents, but from my Christian Boarding School — proof, had I noticed it, that nondispensationist Evangelicalism was possible), but left Calvinism for Orthodoxy “simply grateful to have embraced … a more truthful, richer form of the Christian faith.” I still consider Calvinism a pretty good place to come from, and I don’t think that would change even if my wife had followed me from Calvinism to Orthodoxy.

5

Consider recent state and local actions punishing those who decline to use an individual’s pronouns of choice. California Gov. Jerry Brown signed legislation last year threatening jail time for health-care professionals who “willfully and repeatedly” refuse to use a patient’s preferred pronouns. Under guidelines issued in 2015 by New York City’s Commission on Human Rights, employers, landlords and business owners who intentionally use the wrong pronoun with transgender workers and tenants face potential fines of as much as $250,000.

… For those with a religious conviction that sex is both biological and binary, God’s purposeful creation, denial of this involves sacrilege no less than bowing to idols in the town square. When the state compels such denial among religious people, it clobbers the Constitution’s guarantee of free exercise of religion, lending government power to a contemporary variant on forced conversion.

[I]ndividuals need not be religious to believe that one person can never be a “they”; compelled speech is no less unconstitutional for those who refuse an utterance based on a different viewpoint, as the Supreme Court held in West Virginia State Board of Education v. Barnette (1943). Upholding students’ right to refuse to salute an American flag even on nonreligious grounds, Justice Robert H. Jackson declared: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, religion or other matters of opinion or force citizens to confess by word or act their faith therein.” This is precisely what forced reference to someone else as “ze,” “sie,” “hir,” “co,” “ev,” “xe,” “thon” or “they” entails. When the state employs coercive power to compel an utterance, what might otherwise be a courtesy quickly becomes a plank walk.

Abigail Shrier, The Transgender Language War (emphasis added)

6

Socialism moves human goods outside of market relationships and currency exchange. Most of the programs people now describe as socialism simply entail a more muscular welfare state liberalism. It must be repeated over and over again: “the government pays for stuff” is not socialism. And from my vantage, much of the [Democratic Socialists of America]’s national platform is precisely “the government pays for stuff.”

Fredrik De Boer, hyperlink added.

7

[W]hen people ask me why I didn’t try life among the Trads instead of leaving for Orthodoxy, the answer is right here in this tweet. Some of the best Catholic friends I have, and those I most admire, are Trads, but my general experience with Trads is that too often an intense bitterness, a hardness of heart, and barely-banked anger prevails among them. Our Lord told of the Good Shepherd who leaves his flock of 99 sheep to go after the one who is lost. Far too many Trads would deride that lost sheep a weakling and a quitter.

Rod Dreher, reflecting on this pharisaic Tweet:

* * * * *

Follow me on Micro.blog Follow me on Micro.blog, too, where I blog tweet-like shorter items and … well, it’s evolving. Or, if you prefer, those micro.blog items also appear now at microblog.intellectualoid.com.

Too interesting times

I’m starting light. I’ll end very heavy.

1

What is this? Pronoun pickiness run amok?

2

Signs of wretched excess: Pumpkins Spice in August.

Some pleasures are just meant to be seasonal.

(H/T Smokey Ardisson on micro.blog)

3

I’m sincerely hoping, and strongly suspect as I’ve not read of this elsewhere, that this is a small eddy in an already-small fetid swamp of AlexJonesish conspiracy theorists:

McCain conspiracists say his brain cancer was a hoax

4

Brett Kavanaugh Is a Mensch: When Bethesda, Maryland went NIMBY on a Synagogue, Kavanaugh pitched into the defense of the Synagogue.

5

Within 45 minutes of Ronald Reagan’s announcement that Robert Bork was his pick to replace the retiring Justice Lewis Powell on the high court, Kennedy introduced him to America this way:

“Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, artists would be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is often the only protector of the individual rights that are the heart of our democracy.”

Now compare this, for sheer style, with the attempt by Elizabeth Warren, current occupant of the seat once held by Kennedy, to do the same for Mr. Trump’s nominee:

“Judge Kavanaugh is part of a movement to twist the Constitution in ways that are deeply hostile to the rights of everyone but those at the top. He’s been a part of that movement for the majority of his professional life, both before and after he became a judge. And now, he has a record of 12 years of judicial decisions that demonstrate his loyalty to that radical ideology.”

Here’s some bad news for Sen. Warren. I remember Ted Kennedy. I watched when Ted Kennedy turned Robert Bork’s name into a nasty verb. And I say this to the woman who now holds the late senator’s seat: Ms. Warren, you are no Ted Kennedy.

…

After so many years of crying Bork, Democrats have forgotten an essential in politics: count your votes. Brett Kavanaugh will take his seat on the Supreme Court in the end. And yours truly is betting it will be with the votes of at least two Democratic senators.

William McGurn

6

Well, at Least Sheriff Joe Isn’t Going to Congress

Most heartening headline of the day

Cast aside and left to wallow in the knowledge that his moment has passed, he has a fitting end to the public life of a true American villain.

I’ll forgive Mike Pence the praise he lavished on this villain if he repents publicly and convincingly. That was a moment when I understood why many of my fellow Hoosiers contemned a man I felt was too great a cipher to warrant contempt.

7

President Trump’s chief economic adviser, Larry Kudlow, announced Tuesday that the administration is “taking a look” at regulating Google’s conduct, given Trump’s complaints earlier in the day that the company’s search results suppress conservative views. Kudlow’s statement raises First Amendment concerns of the highest magnitude.

Floyd Abrams. Click that link to “taking a look.” That’s pure, venomous effort to chill a free press and its modern adjunct, the search engine.

What is potentially dangerous is the assertion in the president’s tweets that “This is a very serious situation-will be addressed!” and Kudlow’s intimation that a regulatory response was actually being considered. Of course, Trump and Kudlow may not mean it. Or they may mean it and will not pursue it further. But one cannot tell, and so when such statements are made, it is worth responding immediately ….

And when Floyd Abrams responds this way on a First Amendment matter, it is a warranted shot across the bow of would-be tyrants. Don’t you think for a minute that Brett Kavanaugh will be so grateful to Trump that such nuances will be lost on him.

8

I close with sad but notable news.

I first became aware of Damon Linker when he was at First Things magazine around 16-18 years ago. “First Things” is pervasively Roman Catholic in its staffing, though not in what it publishes, so I sort of assumed that Linker was Catholic. I had no idea he was a new convert when he arrived.

Now he’s leaving. Although I’m skipping most news of American Clergy Abuse Scandal II, personal stories are likely exceptions. I’ve distilled what I find most compelling in Linker’s story:

The core of the church’s problem isn’t personal immorality, or institutional corruption, or hypocrisy. The core of the problem is ugliness.

People too often fail to appreciate the role of beauty in religion …

The singular importance of beauty or nobility to the most profound moral and religious experience was noted centuries before Christ in the dialogues of Plato, where the character of Socrates frequently asks his interlocutors searching questions about elevation. What do we admire? What acts stir us and move us to tears? Often it is those acts involving self-sacrifice, devotion to something loftier, something purportedly higher …

When I converted to the Catholic Church 18 years ago, I did so in large part because I was deeply moved by the act of self-sacrifice that the church places at its heart …

If I didn’t really believe in all of the theological precepts taught by the church, at least I wanted to — because I considered them beautiful, and because I wanted to be a part of the beauty, to elevate myself by assimilating myself to it.

That impulse seems very far away from me now. It began to fade in the church scandals that broke less than two years after I entered the church. The crisis deepened by working for a devout priest who responded to the scandals by circling the wagons against the secular press and its impertinent reporters looking to harm the church with their pesky attachment to uncovering the truth.

…

[T]o wade through the toxic sludge of the grand jury report; to follow the story of Theodore McCarrick’s loathsome character and career; to confront the allegations piled up in Viganò’s memo — it is to come face to face with monstrous, grotesque ugliness. It is to see the Catholic Church as a repulsive institution — or at least one permeated by repulsive human beings who reward one another for repulsive acts, all the while deigning to lecture the world about its sin.

No thanks. I’m done.

And I bet I’ll have a lot of company headed for the door.

The “devout priest” he worked for was the late Fr. Richard John Neuhaus, himself a convert, who I thought very highly of — and still do. But “circling the wagons” and whanging on people like Rod Dreher (“‘Shut up’, he explained”) was both wrong and ugly.

I don’t know if Linker is leaving Rome for another Christian tradition or if his entire faith is crushed, but his brokenness is a sad, sad commentary.

Millstone. Neck. Sea. Kyrie eleison!

* * * * *

Our lives were meant to be written in code, indecipherable to onlookers except through the cipher of Jesus.

Greg Coles.

Follow me on Micro.blog Follow me on Micro.blog, too, where I blog tweet-like shorter items and … well, it’s evolving. Or, if you prefer, those micro.blog items also appear now at microblog.intellectualoid.com.

Saturday Potpourri 8/25/18

1

I cannot personally rule out voting for Trump in 2020, despite the fact that I believe he is a menace to the rule of law. To vote against Trump will almost certainly mean voting for a president who will turn the power of the state on people like me. That still might be the decent and correct thing to do, and if so, I hope I have the courage to do it. But it’s a hell of an ask.

Rod Dreher. His quotes from Andrew Sullivan (overlapping what I quoted) and Peter Beinart are notable, too.

Like Dreher, I don’t entirely buy the Beinart argument — did we ever really worry about dark men raping pale women, or was that just a pretext for recreational lynching? — but the general gist about competing notions of “corrupt” does seem to be on the scent of something.

I think I’d have voted for Hillary in 2016, had my state been “in play” instead of a lock for Trump, though I knew she would “turn the power of the state on people like me.” But that was because I considered Trump’s narcissism so extreme as possibly to land us in a war, not because I thought she was nicer or less venal.

By 2020, if Trump hasn’t Tweeted us into war, the attacks on the rule of law will predominate in my opposition. But it is quite conceivable that the Democrats will nominate some extremist without Hillary’s demonstrated semi-competence in actual governance. I’m not holding my breath for a return to normalcy of any sort.

2

What do you mean, “crisis”? We have (at least) three is an interesting, even disturbing, short blog by Chris Damian on clergy sexual abuse in the Roman Church.. The crisis/es include “abuse of minors.” This crisis is

the most understood and the most explored. Following the 2002 reporting by the Boston Globe, the US bishops commissioned a study, run independently by researchers at the John Jay College of Criminal Justice.

I was surprised at some of the findings Damian reported from John Jay, but he provided a link, so I’m assuming until alerted otherwise (or I have enough time on my hands to read the report) that he has not misrepresented them.

They disrupt, if taken seriously, the sense I was developing about the sources or causes of the crises. No, make that “seriously disrupt ….”

3

Allen Weisselberg [Trump Organization CFO] testified before a grand jury, the third confidant of Trump known to have provided information in an illegal hush-money investigation that has implicated the president.

Wall Street Journal teaser for this article. According to NPR, one might say “Longtime Trump Organization CFO Allen Weisselberg.”

Don’t discount the depth of what this guy could be disclosing. That so many confidants are testifying to the grand jury, many with grants of immunity, is legally big, but as I think I’ve said, I’m at a loss for what any of this means politically in a country I barely still recognize.

4ts

Yesterday, an Anabaptist man from nearby came and powerwashed my house. Then some younger Anabaptist men (his kin, I suspect) washed the windows. They did wonderful work at a reasonable price. We will seek them out for return engagements.

I’ve had similar “nice bearded men” in black straw skimmers doing our home remodeling and upgrades. They, too, did wonderful work, though a bit “saltier” on price.

They’re all from a group akin to the Old Order Amish (who congregate further North in Indiana), but they drive cars and trucks, use cell phones, tend to be in construction and things like power washing, concrete leveling and repair. They’re well represented behind the tables of our Farmer’s Market. The fanciest career I’ve noticed any of them undertaking is accountant (uncertified). I grew up hearing them called “German Baptist.”

Their grammar isn’t perfect. Their affect is generally a bit laconic. But they make themselves useful to their fellow men and women, support their families, and seem (from an unplugged family life, I strongly suspect) to avoid a lot of the nonsense that exercises most of their countrymen, present company not excluded. I suspect they’re not too exercised about Special Counsel grand jury proceedings, grants of immunity, and what it all means politically.

That’s not nothing. Starting fresh, I might prefer the via media of a Matthew Crawford, but somehow our Exceptionally American desk jobs and 401k’s have left us among the unhappier of the world’s peoples. Yet we seem to think that spreading our ways is an apt response to the categorical imperative.

I think we’ve been sold a bill of goods, though I can’t decide how much of it was deliberate (“if we do this, we can induce people into doing that“) versus such a state of affairs coming about by inexorable cosmic logic once we start off thinking filthy lucre is the summum bonum that can buy us whatever else we want. I could elaborate a few reasons for thinking that we were deliberately manipulated, but “deliberate” doesn’t necessarily mean “malicious” or “consciously exploitative.” The human capacity for self-deception is really deep.

5

Thus began the Beloved Festival, at which some 2,500 people pitched tents or splurged for a luxury “glamping” yurt for four days of “sacred” activities that ended on August 13th. These included kundalini and “galactivated” yoga, Sufi soul singing, crystal-bowl sound healing, medicinal poetry, Thai massage, Latino storytelling, native-American shamanism, gong meditation inspired by NASA data from deep space, grief rituals from Burkina Faso’s Dagara tribe and rave-like takes on Oriental ecstatic dance.

… Moss Kane, a Beloved visitor who works at Two-Spirit Shamanic Healing, a practice in Portland, Oregon, reckons that the boom in transformational festivals has already begun to chip away at the “crumbling power” of bad capitalism through the emergence of more people with older, wiser souls.

… Beloved hosts workshops on diversity, gender equality and using empathy to fight “divisive entitlement”. Marji Marlowe, who ran Beloved’s Care Circle Sanctuary this year, says a big part of her job is alerting visitors to the privilege whites enjoy but did not earn. Beloved also offers education on the misstep of “appropriating” cultures by, for example, donning feather headdresses, says its community manager, Dez Ramirez. Given the cultural mishmash of Beloved’s programme, this approach may perplex some, but other transformational festivals do the same.

Economist, Sex, crystals and compost toilets.

I’m betting on the German Baptist version of “older souls” in a head-to-head match with Beloved Festival and others of that ilk. At long odds, too.

6

I’m becoming a fan of professional soccer, especially European (Premier League, Bundesliga, and such). I’m still learning the rules to become a discerning viewer, but I have no favorite teams yet besides the default “home town” Indy Eleven (sort of as every Hoosier is supposed to be a Colts fan).

It’s probably worth mentioning that this is not really a protest or boycott of NFL. I’ve genuinely lost interest in NFL for a number of reasons

  • the hype (e.g., military flyovers)
  • the mostly-Sunday games
  • the hootchie-kootchie cheerleaders (who are abused about like bar bands are abused — underpaid because of huge supply, limited demand — and sexualized to boot) and
  • the evidence of chronic traumatic brain injury.

That last one’s why I don’t watch boxing or MMA, though I have a great-nephew who’s a professional MMA fighter.

Colin Kaepernick offends me less than Trump’s response and the owners’ capitulation, but that controversy was the only thing in recent years that made me want to watch at all. I’m even pretty indifferent to the Super Bowl any more.

Recommendation: If you want to give soccer a try, tune into Premier League or Bundesliga. They have NFL-size stadiums, packed with enthusiasts, the gentlemen spectators dressed like gentlemen and not visibly intoxicated. What’s not to like?

* * * * *

Our lives were meant to be written in code, indecipherable to onlookers except through the cipher of Jesus.

Greg Coles.

Follow me on Micro.blog Follow me on Micro.blog, too, where I blog tweet-like shorter items and … well, it’s evolving. Or, if you prefer, those micro.blog items also appear now at microblog.intellectualoid.com.

We always knew this would happen

There was a sense among some this week that we had at last reached that golden “inflection point” when all of Trump’s lies, scams, cons, and crimes finally sink in with Republicans, and the cult begins to crack.

I tend to think something else is happening: that we are entering the most dangerous phase of Donald Trump’s presidency. We always knew this would happen — that the rule of law and Trump would at some point be unable to coexist — but we had no idea how it would specifically play out. Now we see the lay of the land a little more clearly.

…

He is still incensed at his attorney general Jeff Sessions … The entire notion that one of his appointees actually swears loyalty to the Constitution, rather than personal fealty to Trump, is incomprehensible — no, infuriating — to him.

… the criminality has now become text rather than subtext …

Who else … do you know has spent four decades of his life “watching” the intricacies of mob round-ups? Yes, I know Trump made his fortune in part through the mob. They were regulars at his Taj Mahal casino, which was found to have “willfully violated” the money-laundering rules of the Bank Secrecy Act, was the subject of four separate IRS investigations for “repeated and significant” deviations from money-laundering laws, and was forced to pay what was then an industry record for the largest money-laundering fine. The Russian mob was critical to buying his real estate in secret as well. This is a president who has surrounded himself with criminals, especially Russian criminals, for decades. But still: the man who took an oath to enforce the laws of the land is openly touting the logic of mobsters in their battle with law enforcement. Before this presidency, that would have been inconceivable.

…

A republic cannot be governed by a man who acts like a mafia boss, following mafia rules. The minute that happens, the corrosion begins. Every day such a crook holds the highest office in the land represents yet another crack in the law of the land. If this figure decides to wage an actual war on the rule of law, and retains the solid support of his own party, all bets are off. And it is a staggering fact that in the wake of this week’s verdicts and Trump’s responses, no Republican leaders have yet decisively called their president out, and no right-wing media outlet has sounded any kind of alarm. It has fallen to Jeff Sessions to issue a statement defending the DOJ.

Andrew Sullivan (emphasis added), who struck a few false or hackneyed notes but got the basic story arc right.

J. Budziszewski explained in 2015, before a “President Donald Trump” was even a patently absurd publicity stunt (we thought), and again this week (contra Walter Williams), why a bad man cannot be a “good President.” The 2015 item reads like prophecy.

Budziszewski nods toward the possibility of voting for a lesser evil, but you must never, ever call evil “good.”

* * * * *

Our lives were meant to be written in code, indecipherable to onlookers except through the cipher of Jesus.

Greg Coles.

Follow me on Micro.blog Follow me on Micro.blog, too, where I blog tweet-like shorter items and … well, it’s evolving. Or, if you prefer, those micro.blog items also appear now at microblog.intellectualoid.com.