Category: Legalia

Keeping up with the chaos

I excelled in the study of Constitutional Law, which excellence helped little if any in my subsequent practice of law, but helped a lot in my blogging.

The current firehose of constitutional indignities, though, defies my analysis. It’s too much, too fast — just as they intended.

I have thoughts on a few, but we’re into the structural parts of the Constitution now, the reconciliation of Articles I through III, and there are norms as well as laws. I suspect that the Trump team’s legal justifications will be rejected by the Courts as crackpottery, but even if I’m right, that’s not the end of it. Trump is no fan of norms.

Inversion in the Anglicansphere

These days, I tend very strongly to find “Anglicans” more simpatico than “Episcopalians.” But not this time, between Calvin Robinson and John Taylor:

Intemperate and Imprudent

Sorry trolls, it’s a Nazi salute: After Father Calvin Robinson threw out a “Roman salute,” also known as a Nazi salute, the Anglican Catholic Church ousted him. They wrote beautifully about why, and it’s a great articulation of the values that seem so distant, just a few weeks later.

Priests are certainly called to support the Church’s teaching on the sanctity of life and on a range of other doctrinal issues; but they are not called to provoke, to troll, or to behave uncharitably toward their opponents. They are called to minister to, to persuade, to forgive, to be gentle, and to be kind even to their foes. Robinson demonstrated repeatedly that he lacks the temperament and prudence needed in a parish priest.

After Steve Bannon threw up a Nazi salute last Friday, French far-right leader Jordan Bardella canceled his CPAC speech, calling it “a provocation. . . a gesture referring to Nazi ideology.” So lame, Jordan, you’re totally misunderstanding this. Nothing says light-hearted youthful hijinks like a Nazi salute, Jordan. It’s a meme thing, Jordan!

It’s always in jest, they say, always a reference, never the one you’re thinking of. I’m showing my cards too much, but these salutes make me nauseous, and you better believe I’m in therapy like: I just don’t get why Nazis are back and Do I need to listen to Martyr Made’s new revisionist WWII podcast and Is there lots of evidence that Brigitte Macron is a man and I’m just totally missing it? So weird that my therapist keeps canceling our sessions when I am simply emailing photos of Brigitte’s shoulders and asking if they look wide.

Nellie Bowles

Art anticipates life

Seeing Putin’s boys bully a besieged freedom fighter in the Oval Office was humiliating for every American. Since there is no presidential precedent for the public brutalizing of an ally, we reach for fiction and Mayor Carmine DePasto, from the comedy “Animal House,” and his summit with the dean of Faber College. “If you want this year’s homecoming parade in my town,” he says, “you have to pay.” When the dean accuses him of extortion, the mayor replies, “Look, these parades are very expensive. You’re using my police, my sanitation people, my three Oldsmobiles. So if you mention extortion again, I’ll have your legs broken.”

…

Making our way through the shadow of disgrace Trump casts requires us to think carefully and humbly. Notwithstanding the heretical teachings of Christian nationalists and apostolic reformists, God doesn’t love us more than other people. We’re not chosen or anointed. We’ve had moments of glory and deep disgrace.

…

If the U.S. ever needs its friends again, no one will answer the phone. We’ll be as lonely as Trump when he turns out the lights.

John Taylor, Bishop of the Episcopal Diocese of Los Angeles, via David Post at the Volokh Conspiracy.

I don’t want to reflexively both-sides things, but Ross Douthat steel-mans Trump’s foreign policy (shared link). Even if he’s 100% right, it’s very sobering.

ElonAI refutes Elon

I asked @grok (Elon Musk’s AI company) to analyze the last 1,000 posts from Elon Musk for truth and veracity. More than half of what Elon posts on X is false or misleading, while most of the “true” posts are simply updates about his companies. (Source: x.com)

Isaac Saul via John Ellis

Oscars

[I]he Oscars have become less about the movies and more about politics. Winners feel the need to turn their acceptance speeches into sermons about feminism, or immigration, or Donald Trump. But the average American doesn’t want political advice from jesters in $10,000 evening gowns. In fact, there was a time when actors would be booed for using the podium as a pulpit. … [I]t was a better time.

The Free Press

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

Simone Weil, from a letter to Georges Bernanos.

[N]one of the things that I care about most have ever proven susceptible to systematic exposition.

Alan Jacobs, Breaking Bread With the Dead

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.

Musings, 2/21/25

Can there be a lawful order to act unethically?

I’m struggling with the agreement between Sarah Isgur and David French on the Advisory Opinions podcast that the orders from the Trump Department of Justice to dismiss the charges against New York City Mayor Eric Adams was a lawful order, even if compliance by federal prosecutors would have been unethical. I’d like to think that an order to a professional to do something unethical is ipso facto not a lawful order.

If nothing else, this confirms the wisdom of not allowing non-lawyers to own a law firm (e.g., Model Rules of Professional Conduct 1.17(b)) lest this kind of thing pervade the legal profession rather than remaining an application of the unitary executive theory to the Department of Justice.

This is why we can’t have nice things

Speaking of unitary executive theory, I have more or less been persuaded to become a “soft unitarian.” But the test case that Donald Trump has set up by firing the head of the Special Counsel’s office is straining my recently-acquired conviction.

Mafia Don has fired Hampton Dellinger, current head of the Office of Special Counsel, without invoking “inefficiency, neglect of duty, or malfeasance in office” as required by statute. A federal District Court has ordered that he be reinstated. A federal Court of Appeals has rejected Trump’s appeal on technical grounds (the District Court decision is only preliminary, not final). He now seeks review by the US Supreme Court.

I shudder because unitary executive theory makes the substance of his appeal plausible.

So here’s the deal on the Constitutional issues.

The Constitution establishes three branches of the federal government: Congress (Article I), the Executive (Article II), and the Judiciary (Article III). The opening words of Article II are “The executive Power shall be vested in a President of the United States of America.“

So what is the status of supposedly “independent” agencies, created by Congress, like the Office of Special Council? Are they a fourth branch of government, hiding in the shadows of the constitution, or are they simply unconstitutional because all executive power is vested in the presidency? If the latter (which is substantially the position of President after President since the Office was created, but nobody before The Don cared so little about chaos to provoke a fight over it), then what checks the power of the Presidency? Are we doomed to live under a kakistocracy if the President goes haywire?

The conventional answer is that Congress’s impeachment power checks the power of the presidency. If you are satisfied that this Congress has the cojones to impeach this president, you are living in a different reality than I am.

As I sit here in my easy chair, six years retired and 43 years out of law school, the best response I can come up with for SCOTUS is (1) refuse to hear the case because the District Court decision is only preliminary or (2) take the case and rule that independent agencies are not exercising executive power, but rather are serving as a check on executive power, and thus really are “hiding in the shadows” of the Constitution.

I think this would be a satisfactory ground to uphold the District Court. But I remember how conservatives derided Justice Harry Blackmun’s finding a right to abortion in the “emanations of the penumbrae” of the constitution?

The electorate having decided that Mafia Don was the lesser evil (a perception I gradually came to find defensible within the 5 or 6 months preceding January 20) has thrust us into the Constitutional crisis of an utterly corrupt President who will never be impeached because not only can he suborn and fund primary candidates against those who would impeach him, but he can with winks, nods, and stochastically violent rhetoric unleash fanatics that make Congressmen literally fear for their families if they cross him.

A decision either way from the Supreme Court will deepen the crisis.

First, they came for the radical liberal communists …

Pundit tribalism

That issue—how intellectuals are supposed to comport themselves in their political engagements—is one that matters a lot to me. On top of the policy disagreements, what drove me away from the intellectual right two decades ago was the expectation, as an editor for First Things magazine, that I defend a political line in public. I wasn’t allowed to write a conservative case for not invading Iraq, for example, because that would risk making myself and the magazine appear “unreliable.” There was simply too much at stake, my boss told me, to risk a dissent from the conservative movement and its presidential champion. The War on Terror had to be won—and even more fundamentally, George W. Bush needed to have a successful presidency. We couldn’t risk contributing to its failure by directing criticisms its way.

Damon Linker

I’m very sympathetic to Linker about this kind of tribalism.

Our local rag used to have a very lively letters to the editor section (they don’t even have an opinion page anymore). When my religious Right co-belligerents expressed particularly idiotic opinions or called for perverse boycotts (example omitted because it was so idiotic you wouldn’t believe me), I tended to refute them vigorously, and at least once received an anonymous phone call implying that I was a Judas (no threat, just bile).

Why can’t the world be unanimously sane and moderate, just like Damon Linker and me?

Our four-party system

I enjoyed Ezra Klein’s little essay the other day as a partial explanation of how polarization got worse:

The two-party system of the 20th century was really a four-party system. The Democrats were split between the liberals we know today and the Dixiecrats, whose primary goal was upholding segregation. The Republicans were split between conservatives and Northern liberals. It is astonishing from our vantage point, but it was true for much of the 20th century: To say you were a Republican or a Democrat didn’t reveal whether you were a liberal or a conservative. As a senator, Joe Biden opposed the Roe v. Wade decision in 1973. President Richard Nixon proposed a universal health care bill and created the Environmental Protection Agency. George Wallace started out as a Democrat. Politics was different then.

Parties that contained so many different places and ideologies could not act in lock step, and so bipartisanship was common. The Civil Rights Act of 1964 was pushed by a Democratic president, but congressional Republicans were crucial to its passage. When Watergate began coming to light, Congress acted as a collective. Only four House Republicans voted against opening the impeachment inquiry into Nixon, and a delegation of congressional Republicans ultimately persuaded him to resign.

And it wasn’t just impeachment. When Nixon refused to spend the money Congress had appropriated — a policy known as impoundment — Congress acted to protect its power: The Congressional Budget and Impoundment Control Act of 1974 passed the House with only six “no” votes; it passed the Senate without a single vote in opposition.

(Emphasis added) I remember guys like Scoop Jackson, Dick Gephart, Mark Hatfield, Nelson Rockefeller, John Lindsey. Joe Manchin proves there’s no room for that kind any more. There’s just two tribes, each controlled from the wings, not the center.

Clamoring aboard the ARC

A Jordan Peterson-adjacent, Christian-coded “Alliance for Responsible Citizenship” recently convened. Two Orthodox Christian friends have diverging thoughts:

As I wrote yesterday, it is strange that it has taken a non-believing clown like Donald Trump to be the Great Disrupter. We do not have to agree with everything he does …, but I believe people like me can work with people like him in ways we simply could not do with those who were in power before.

Rod Dreher, whose “responsible citizen” culture-warring is a bone of contention between him and his friend Kingsnorth:

Jesus didn’t come to Earth to teach us how to be ‘responsible citizens’, of any political stripe. Responsible citizens don’t leave their own fathers unburied. They don’t hate their own mother and father, or give away all of their wealth, or compare the religious authorities to whitewashed tombs full of rotting flesh. And they don’t usually end up being crucified.

Paul Kingsnorth commenting in advance.

My sympathies lie almost completely with Kingsnorth, but I understand Dreher’s point — though I would rephrase it as “Unlike the Democrats, Trump is not actively and operationally hostile toward America’s motley array of ‘conservative’ Christians.”

Back in the days when I blogged longer-form original material more than curating other folks’ stuff, I declared myself a “Conscientious Objector to the Culture Wars” (a status that’s hard to maintain consistently) in a long-form blog that holds up well as a description of why I disengaged. This was about 80% Kingsnorthian a decade before I’d heard of the guy. It’s a posture that has spared me the ignominy of ever hallucinating that “we can work with” Trump 2.0 toward any truly edifying end.

(By the way: my shift from longer-form original material toward curation is, I think, a recognition that I’ve blogged most of my idées fixes in long-form and to my personal satisfaction; there’s no need to inflict them on others constantly, though I’m toying with a blogroll of my landmark posts.)

Just because …

… I thought this image was beautiful.

Jozef Pankiewicz, Market Square of Warsaw by Night, 1892 (Wikimedia Commons)

O Lord of hosts be with us, for we have none other help in times of sorrow but Thee. O Lord of hosts, have mercy on us.

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.

Thursday, 1/16/25

American Meritocracy

For most of my professional career, I’ve been a skeptic of the American meritocracy. Not a skeptic of the basic idea that competent and intelligent people should fill positions requiring competence and intelligence, but a skeptic of the idea that a system of frantic adolescent hoop-jumping and résumé-building, designed to skim the smartest kids from every region and segregate them from the rest of society for college and beyond, has actually created an elite that’s more responsible, effective, morally grounded and genuinely cosmopolitan than the more quasi-aristocratic upper class that it displaced.

Ross Douthat

NAR

I’ve spent most of my life thinking that I was well-informed on the American religious scene — especially Evangelicalism. For a long time, that self-regard may have been warranted.

No more. I recently passed the 27th anniversary of my reception into the Orthodox Christian faith. And it may be time to admit that I’ve lost track of what’s going on in the American Evangelical world.

Stephanie McCrummen of the Atlantic has recently published two articles on the New Apostolic Reformation (NAR) and those who share its outlook with or without conscious acknowledgement of NAR.

I’ve had my eyes on NAR for a few years, but here’s where McCrummen floored me:

What was happening in the barn in Lancaster County did not represent some fringe of American Christianity, but rather what much of the faith is becoming. A shift is under way, one that scholars have been tracking for years and that has become startlingly visible with the rise of Trumpism. At this point, tens of millions of believers—about 40 percent of American Christians, including Catholics, according to a recent Denison University survey—are embracing an alluring, charismatic movement that has little use for religious pluralism, individual rights, or constitutional democracy.

What she’s describing in NAR That 40% figure got my back up as absurd until I realized that I was basing it on the typical doctrinal commitments of Evangelicalism more than 27 years ago. In fact, it’s been 45 years since I unequivocally identified as Evangelical, being for 18 subsequent years (before my Orthodox reception) only Evangelical-adjacent.

So I can’t say she’s wrong. I also can’t say she’s right, but if she’s right, it would go fairly far in explaining the great Evangelical murmuration from “character matters” (Bill Clinton) to, in effect, “he may be a rapist sonofabitch but he’s our rapist sonofabitch.” So the NAR “prophets” have spoken.

Metaphors: Choose Wisely

Metaphors matter. They can elucidate, but they can also elide and confuse. For a long time, the conservative metaphor for the Left’s tactics has been “slippery slope.” It’s a bad metaphor. It suggests that radical efforts to harm American families are all just the result of the gravitational pull of the earth, or the inevitability of logical progression. That isn’t the case. The tactics used against American families are far more clever. And they invariably involve a “Bait and Switch.” Sell the American people on a principle we can all agree on: “inclusivity,” “tolerance” and “anti-bullying.” Then, smuggle in an entirely different program under its name. That is how gender ideology ended up part of the mandatory “anti-bullying” curriculum, as opposed to the “sex education curriculum,” which is subject to parental opt out.

Abigail Shrier

Greenland, Canada and the Canal

When an authoritarian-minded leader poised to control the world’s most powerful military begins overt saber-rattling against neighbors, the most obvious and important question to ask is whether he intends to follow through. That question, unfortunately, is difficult to answer. On the one hand, Trump almost certainly has no plan, or even concepts of a plan, to launch a hemispheric war. Seizing the uncontrolled edges of the North American continent makes sense in the board game Risk, but it has very little logic in any real-world scenario.

On the other hand, Trump constantly generated wild ideas during his first term, only for the traditional Republicans in his orbit to distract or foil him, with the result that the world never found out how serious he was about them. This time around, one of his highest priorities has been to make sure his incoming administration is free of officials whose professionalism or loyalty to the Constitution would put them at risk of violating their loyalty to Trump. We cannot simply assume that Trump’s most harebrained schemes will fizzle.

An easier question to answer is why Trump keeps uttering these threats. One reason is that he seems to sincerely believe that strong countries have the right to bully weaker ones. Trump has long insisted that the United States should seize smaller countries’ natural resources, and that American allies should be paying us protection money, as if they were shopkeepers and America were a mob boss.

Jonathan Chait, Donald Trump’s Performative Imperialism

We’ll know he’s a Christian by his blasphemy

So let’s run the race marked out for us. Let’s fix our eyes on Old Glory and all she represents. Let’s fix our eyes on this land of heroes and let their courage inspire. And let’s fix our eyes on the author and perfecter of our faith and our freedom and never forget that where the spirit of the Lord is, there is freedom. That means freedom always wins.

Mike Pence, at the 2020 Republican National Convention, via William T. Cavanaugh, The Uses of Idolatry. Compare this the Hebrews 12:1-2 and ask yourself “just how low is the bar for being considered a devout Christian Republican?”

Cui bono?

Cui bono? Whom did this new story serve? Who benefits from a world of consequence-free sex, weak ties, the putting off of childbearing and family? Today, the pharmaceutical and medical industries benefit, by selling decades-long prescriptions for contraceptives, and then various attempts at ART [Assisted Reproductive Technology] later on. Corporations and employers benefit: they gain a new labor force unsaddled by commitments to family, place, or other less-than-profitable concerns.

Christine Emba quoted by Alan Jacobs

Pathetic wankers get their day at SCOTUS

On Wednesday America’s Supreme Court examined a Texas law mandating age verification for websites where a third or more of the material is “sexual” and “harmful to minors”. A district judge blocked the law, which is similar to measures recently passed by 18 other states, but an appeals court reinstated it last year.

A trade association of adult entertainers, known as the Free Speech Coalition, is arguing that the law restricts adult Texans’ access to protected speech and violates the First Amendment. The Supreme Court struck down a similar law (the federal Child Online Protection Act) in 2004, the plaintiffs point out. Texas’s defence relies on a high-court ruling from 1968 that upheld a law banning erotic bookstores from selling their wares to children. But online commerce, the plaintiffs retort, is a world apart: adults may be reluctant to reveal their identities to porn sites because they worry about “identity thieves and extortionists”.

Economist World News in Brief for 1/15/25.

That last sentence should be a real eye-opener. Paraphrasing: “We’re such pathetic wankers that we do business with identity thieves and extortionists. We have a right to be pathetic wankers, so to hell with the kids who get exposed.”

That’s not the whole case the “Free Speech Coalition” could make against the Texas law (and about the logic of the 5th U.S. Circuit Court of Appeals) but it’s got to be among the most risible.

Glimmers

Woke retreat

Recently, [Mark] Zuckerberg ordered tampon machines to be taken out of men’s bathrooms in all of Meta’s offices. Commenter Richard Hanania said,

This is like pulling down the statue of Saddam. Now you know wokeness is dead.

… Nobody could have imagined that a vulgar, orange billionaire from New York and an anti-woke South African immigrant in Silicon Valley might be the champions Europe needs to find its own courage and Make Europe Great Again. But then again, despite the false faith of the left-wing ideologues and their bureaucracies, the march of history follows no predictable path.

Rod Dreher

Cabinet of the Cancelled

[F]or those of us who have run afoul of the Left’s dogma, particularly in public, it’s harder to worry over the Trump cabinet’s failure to harmonize with the views of credentialed bureaucrats.

Abigail Shrier, Trump’s ‘Cabinet of the Cancelled’

Devouring one another

Look no further than MAGA mega-toady Steve Bannon declaring war on MAGA mega-toady Elon Musk.

Bannon has had a bee in his bonnet about Musk for the better part of a month, ever since Elon went to the mat in support of H-1B visas for highly skilled immigrants. “He is a truly evil guy, a very bad guy. I made it my personal thing to take this guy down,” he told an Italian newspaper recently, vowing to have Musk “run out of here by Inauguration Day.” Turning to Silicon Valley’s habit of hiring migrants instead of Americans, Bannon took the gloves off—and sounded a little, well, woke in the process:

“No blacks or Hispanics have any of these jobs or any access to these jobs,” Bannon said.

“Peter Thiel, David Sachs, Elon Musk, are all white South Africans,” Bannon observed. “He should go back to South Africa. Why do we have South Africans, the most racist people on earth, white South Africans, we have them making any comments at all on what goes on in the United States?”

Well then.

Pity poor Elon, who spent Christmas week defending Indian engineers from Groypers calling them sewage-drinking subhumans only to have Groyper-adjacent nationalist Steve Bannon turn around and accuse him of being racist. The rift over immigration policy developing between red-pilled tech bros, color-blind nativist ideologues, and gutter white supremacists will be a fun one to follow over the next four years.

But it won’t be the only one. There are numerous rifts opening on the right as Donald Trump prepares to take office. The GOP caught the proverbial car on Election Day and now each of its factions wants to drive; watching them tear each other apart will be one of the small silver linings of a second Trump presidency.

Nick Catoggio

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

Simone Weil, from a letter to Georges Bernanos.

[N]one of the things that I care about most have ever proven susceptible to systematic exposition.

Alan Jacobs, Breaking Bread With the Dead

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.

Friday, January 10, 2025

Trump 47

I’m leading with Trump because his coronation is imminent and I’ve encountered a few unfamiliar worthy “takes” on him.

The Solzhenitsyn test

In his 1970 Nobel lecture, Aleksandr Solzhenitsyn said, “You can resolve to live your life with integrity. Let your credo be this: Let the lie come into the world, let it even triumph. But not through me.” The problem presently before the United States is that the Trump administration will be staffed in its upper reaches by political appointees who, without exception, have failed this test.

To get their positions, these men and women have to be willing to declare, publicly if necessary, that Donald Trump won the 2020 election and that the insurrectionary riot of January 6, 2021, was not instigated by a president seeking to overturn that election. These are not merely matters that might be disputed, or on which reasonable people can disagree, or of which citizens in the public square can claim ignorance. They are lies, big, consequential lies that strike at the heart of the American system of government, that deny the history through which we have all lived, that reject the unambiguous facts that are in front of our noses. They are lies that require exceptional brazenness, or exceptional cowardice, or a break with reality to assert.

…

Whatever the defenses they come up with, however, the senior appointees of the Trump administration will have to enter public service having affirmed an ugly lie, or several. No matter what other qualities they have to their credit, that will remain with them. That, in turns, means that we can never really trust them: We must always suppose that, having told an egregious lie to get their positions, they will be willing to tell others to hold on to them. They can have no presumption of truthfulness in their government service.

That in turn will change them fundamentally. In Robert Bolt’s marvelous A Man for All Seasons, Sir Thomas More explains to his daughter why he cannot yield to Henry VIII’s demand that he declare the king’s first marriage invalid, allowing Henry to marry Anne Boleyn, and hopefully get the male heir the kingdom desperately needs. More knows that that declaration is in the public interest. He also knows that his refusal will sooner or later lead him to the execution block.

When a man takes an oath, Meg, he’s holding his own self in his own hands. Like water. And if he opens his fingers then—he needn’t hope to find himself again.

To land a top job with Donald Trump, you have to open your fingers. It is, as Solzhenitsyn suggested, the end of your integrity.

Eliot A. Cohen, The Solzhenitsyn Test

The imbecilic clown show 1/6/21 was the least of it

We use “January 6” as a shorthand to talk about what Trump did after losing the 2020 election, but it is important to understand—and I think historians will agree about this—that the imbecilic clown show at the Capitol was the least important and least dangerous part of that episode. Trump’s attempt to suborn election fraud—which is what he was up to on that telephone call with the Georgia secretary of state on January 2, 2021—was the more serious part of the attempted coup d’état. Some coup-plotters are generalissimos who just march their troops into the capital and seize power, but many of them—many of the worst of them—take pains to come up with some legal or constitutional pretext for their actions. Often, the pretext is an emergency, as it was with Indira Gandhi, Augusto Pinochet, the coup that brought Francisco Franco to power, etc. You’ll remember that Donald Trump called for the termination of the Constitution as an emergency measure: “A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution,” Trump wrote in his trademark kindergartner’s prose. “Our great ‘Founders’ did not want, and would not condone, False & Fraudulent Elections!”

John Adams knew the secret in the heart of democracy: a death wish. “There never was a democracy yet that did not commit suicide,” he wrote. And so the American people, in their belligerent stupidity, have again given the awesome power of the presidency to the man who attempted to overthrow the government the last time he was entrusted with that power. Trump has, of course, promised to pardon those who carried out the violence and chaos of January 6, which is no surprise: The riot was conducted on his behalf, and that is the kind of riot he likes. His contempt for the law is utter and complete, and the only law that he honors is the one inscribed on his heart: “I should get whatever I want.”

Kevin D. Williamson

Cheap date

Trump is the CCP’s cheapest date: Trump is scrambling to save TikTok. He’s filed an amicus brief to the Supreme Court asking them to treat him like he’s already president and to stop this terrible ban of his favorite piece of Chinese spyware. As The Wall Street Journal editorial board puts it: “The brief is extraordinary in several ways, none of them good.”

As background, Trump was against TikTok until. . . TikTok investor Jeff Yass and his wife Janine dropped about $100 million into Republicans in recent years. And then, what do you know, he’s all in for TikTok! Trump asked the Supreme Court not to act all sus on TikTok’s rizz.

Shadow president Elon Musk has deep business entanglements with China, so it’s a given he’s going to be compromised on this. But Trumpo—Mr. CHYNA—made nationalism his whole thing. And all it took was one Republican donor with cash, but not even that much for China, to continue the colonization of teenage American minds through the infectious disease known as TikTok. Democrats at least genuinely believe in the CCP. Like, they prefer it on an intellectual level. Republicans don’t; they’re just for sale, and cheap.

Meanwhile, the White House confirmed this week that a ninth American telecommunications firm has been hacked by China. Per the AP: “Though the FBI has not publicly identified any of the victims, officials believe senior U.S. government officials and prominent political figures are among those whose communications were accessed.” China just reads all our texts and no one even cares. To explain this in a way you TikTok-addled people might understand: America is the unconscious patient in surgery, and our lawmakers are the surgeons and nurses doing a viral dance around our slack-jawed body.

Nellie Bowles. Remember: This is part of Bowles’ weekly sardonic news wrap-up. Take it seriously, not literally.

Simon won his bet with Ehrlich

Be it remembered that Julian (“The Ultimate Resource Simon, in my younger lifetime, made a wager with Paul (“The Population Bomb”) Ehrlich about what would happen to five key commodity prices over the period of the wager. Ehrich predicted that the prices would rise, Simon that they would fall.

As I read The Ultimate Resource, I thought “surely this is some very clever sophistry.” But Simon won the wager. All five commodities fell in real price.

Infinite growth in a finite world still seems impossible (though Simon probably would say the world isn’t finite in any economically significant way because of human ingenuity). There’s also the matter of externalities, about which “human ingenuity” seems kind of cavalier.

But Simon won the wager. That’s not nothing, and it doesn’t fit the left narrative.

Northstar

Dreher proposed the best way forward for the Republican Party when he wrote Crunchy Cons. In case anyone has forgotten the manifesto, here it is again in brief:

* Conservatism should focus more on the character of society than on the material conditions of life found in consumerism.
* Big business deserves as much skepticism as big government.
* Culture is more important than politics and economics.
* A conservatism that does not practice restraint, humility, and good stewardship—especially of the natural world—is not fundamentally conservative.
* Small, local, old, and particular are almost always better than big, global, new, and abstract.
* Beauty is more important than efficiency.
* The relentlessness of media-driven pop culture deadens our senses to authentic truth, beauty, and wisdom.
* The institution most essential to conserve is the traditional family.

Live Not by Lies From Neither the Left Nor Right (Front Porch Republic)

This is the version of Rod Dreher that first caught my so favorable attention. I’m keeping a wary eye on the current version.

UBI

→ UBI really doesn’t work: It pains me to write this. But yet another study was published that shows universal basic income (UBI) doesn’t work.

Researchers gave $500 a month to a group of California households and compared them to a control group who received no money—quite the short straw to draw. The households that received the stipend ended up only $100 richer and actually purchased more cigarettes. So basically, UBI makes people French. They found that UBI had no positive effect on psychological or financial well-being. It didn’t even improve food security. Except that cigarettes make it so you don’t need lunch, so I guess food security is relative.

I was hoping universal basic income would become a reality nationwide. Then I could pursue my true passions: horseback riding, debutante balls, and cyberbullying.

Nellie Bowles, TGIF

Title IX

The entire point of Title IX is to prevent discrimination based on sex. Throwing gender identity into the mix eviscerates the statute and renders it largely meaningless.

Chief Judge Danny C. Reeves of the Eastern District of Kentucky, rejecting the Biden administration’s novel interpretation of Title IX through federal rule-making.

First-world problems

The FBI has issued a formal warning to sports leagues about organized robberies of professional athletes. Since September, nine pro athletes have had their homes broken into, including Kansas City Chiefs stars Patrick Mahomes and Travis Kelce, Dallas Mavericks guard Luka Dončić, and Bengals quarterback Joe Burrow. According to the FBI, organized crime groups from South America have used high-tech surveillance and hacking methods to spy on athletes and disable their security systems. (It also helps to know when a team is playing an away game.)

Madeleine Kearns, The Free Press

Terrifying Parenting advice

What answer did writer Fyodor Dostoevsky give a concerned mother about how to teach her son the difference between good and evil? “His answer both eased my anxiety and terrified me,” Vika Pechersky wrote for Christianity Today. “On the one hand, Dostoevsky gives simple advice to a set of very complex questions. There is no need to master elaborate philosophical systems and social theories to teach my children the meaning of good and evil. According to Dostoevsky, people have a natural yearning for truth, and this yearning comes to our aid in the work of parenting. Herein lies the terrifying part, for the work of parenting starts with my own self—my love of truth, rectitude, goodness of heart, freedom from false shame, and constant reluctance to deceive. I have to embody the love of truth and goodness and live them out in my daily life if I want to teach my children to love what is good.”

Happy New Year From The Dispatch!

In my anecdotal experience, he’s right.

AI Update

I am, relatively speaking, a grouch about AI, so I’m happy to pass along the bad news.

AI is losing money faster than any technology in human history.

I was stunned when OpenAI said it would charge $200 per month for an AI subscription.

That adds up to $2,400 for a full year. Who pays that much for a chatbot?

But the story gets crazier. OpenAI CEO Sam Altman now admits that the company still loses money at that price—the cost of providing AI to premium subscribers is more than $200 per month.

Ted Gioia

Traffic congention

An online forum was getting slower and slower, and users were complaining. An investigation found that the traffic was not coming from users.

Dennis Schubert, who discovered this, shared his irritation in a testy post:

Looks like my server is doing 70% of all its work for these fucking LLM training bots that don’t to anything except for crawling the fucking internet over and over again.

Oh, and of course, they don’t just crawl a page once and then move on. Oh, no, they come back every 6 hours because lol why not. They also don’t give a single flying fuck… [about making] my database server very unhappy, causing load spikes, and effective downtime/slowness for the human users.

I guess this is the new role for human beings in the digital economy. We teach the bots how to replace us.

Those greedy bots will come back again in a few hours—they always do. So get busy and start posting.

Ted Gioia again.

Why would anyone want to read that?

AI F1 A -FRIEND of mine who sings the praises of AI has suggested that I might farm out Touchstone fundraising letters to Al or perhaps even have it write an article or two for the magazine. What could I say? I shook my head in silence. Failing to catch my meaning, he assured me that improvements to Al over the past year have it writing at a professional level.

“So what?” I said. “Why would anyone want to read it?”

“Because,” he said, “it writes well.”

Again I said, “So what?”

I have all but given up trying to explain my opposition to Al to those who seem to think that, if Al can be programmed to mimic the best writing of which men are capable, then why wouldn’t I want to use it? I tell them that I presume Al is now every bit as capable as they say and will be doubly so six months from now. And still I say, “So what?” And still they earnestly try to convince me that Al writes every bit as well as I just conceded it does.

My friend is a Formula 1 racing fan, so I tried a new angle: “I am certain that if they took the men out of the cars (and the pit crews out of the pits), Al drivers could churn out better lap times than their human counterparts every time.”

He found my suggestion ridiculous. “Who would want to watch that?”

-J. Douglas Johnson, Touchstone magazine, January/February 2025

Patience takes a lot out of you

His father said, “Kindness takes more strength than I have now. I didn’t realize how much effort I used to put into it. It’s like everything else that way, I guess.” … “Maybe I’m finding out I’m not such a good man as I thought I was. Now that I don’t have the strength—patience takes a lot out of you. Hope, too.”

Marilynne Robinson, The Gilead Novels (I can’t way which Gilead novel; I have a Kindle version including all three.)

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

Simone Weil, from a letter to Georges Bernanos.

[N]one of the things that I care about most have ever proven susceptible to systematic exposition.

Alan Jacobs, Breaking Bread With the Dead

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.

December 28, 2024

Culture

Texas

Also, whenever I read this paragraph to people who don’t live in the South, they get hung up on the fact that we had furniture devoted to just guns, but in rural Texas pretty much everyone has a gun cabinet. Unless they’re gay. Then they have gun armoires.

Jenny Lawson, Let’s Pretend This Never Happened (a book that I haven’t read, but this quote came to my appreciative attention).

Pacifying the bathroom battlefield

I have a solution to this kind of nonsense: why do we need separate men’s a women’s bathrooms?

In parts of Europe or the Middle East (two areas where I’ve traveled; I can’t remember in which I saw this), toilet cubicles have walls that extend to the floor and close to the ceiling. The doors close against jambs, leaving no vertical cracks people can see through. Men and women queue up, using the same sinks for handwashing but using cubicles one at a time without sexual distinction.

Maybe that’s too grown-up for America, though.

Burke

Society is “a kind of inheritance we receive and are responsible for; we have obligations toward those who came before and to those who will come after, and those obligations take priority over our rights.”

Damon Linker’s summary of Edmund Burke’s conservative view.

Exiting the bubble

To work at The Free Press, though, you have to completely exit the bubble. This is one of the things I’ve come to value most about it. My colleagues and our contributors have opinions across the political spectrum—and consequently, we publish articles across the political spectrum. I’ll admit I found it annoying during the presidential campaign that many of my colleagues kept hitting Kamala Harris over the head with a two-by-four. But I couldn’t deny the rationale—that the Democratic presidential candidate fundamentally had nothing to say. When Bari was asked why we focused more on Harris than Donald Trump, she replied that the legacy media was all over Trump, and somebody needed to hold Harris’s feet to the fire. I couldn’t disagree.

Joe Nocera, It’s Okay to Change Your Mind

Pity the pacific

Some poor, phoneless fool is probably sitting next to a waterfall somewhere totally unaware of how angry and scared he’s supposed to be.

Duncan Trussell via Andrew Sullivan

Abigail Shrier

What she learned in 2024

As my friend Caitlin Flanagan likes to say: “The truth bats last.” Boy, does it ever. And sometimes, the truth knocks it out of the park.

Abigail Shrier, author in 2021 of Irreversible Damage: The Transgender Craze Seducing Our Daughters, who had a very solid vindication in 2024. That the initial reaction to her sensible observations by the bien pensants was so hysterically negative shows that “craze” was a well-chosen word.

Duplicity

The Free Press had a celebrative article about Abigail Shrier’s vindication:

History should also note that some of the individuals and institutions that are supposed to protect our freedom of expression actively tried to suppress Shrier’s work.

Chase Strangio, the co-director of the ACLU’s LGBTQ & HIV Project, and a transgender man, pronounced a kind of epitaph for what the ACLU used to stand for when he tweeted about Irreversible Damage: “stopping the circulation of this book and these ideas is 100% a hill I will die on.”

This is the same Chase Strangio who, a few weeks ago, was forced to admit to the Supreme Court that the “dead daughter or live son?” question whereby the trans cult emotionally blackmails parents into consenting to medical transition for gender dysphoric daughters is a lie, that suicide is not a major problem in gender dysphoria even without transitioning.

Trump 47

Taming the press

Trump has figured out how to emasculate the media and make them tame lap-dogs. Freedom of press is enshrined in the 1st Amendment, but much of the press (e.g., Washington Post, Los Angeles Times) is owned by billionaires with multiple other business interests that don’t have clear constitutional protection:

The leverage point Trump has recognized is that most major media properties are tied to some larger fortune: Amazon, Disney, NantWorks (the technology conglomerate owned by Soon-Shiong), and so on. All those business interests benefit from government cooperation and can be harmed by unfavorable policy choices. Trump can threaten these owners because he mostly does not care about policy for its own sake, is able to bring Republicans along with almost any stance he adopts, and has no public-spirited image to maintain. To the contrary, he has cultivated a reputation for venality and corruption (his allies euphemistically call him “transactional”), which makes his strongman threats exceedingly credible.

Jonathan Chait, Trump Has Found the Media’s Biggest Vulnerability

A lot of very powerful people seem to have reached the same conclusion. The behavior of corporate America toward Trump this past week can be understood as a product of two beliefs. One: Under the new administration, the U.S. government will function like a protection racket. Threats will be the currency of politics. Either you pay for the president’s “protection” or you get squeezed.

Two: As this unfolds, most Americans won’t care a bit.

…

A news industry owned and operated by oligarchs is easy pickings for an unscrupulous authoritarian because those oligarchs have many points of financial vulnerability. Trump doesn’t need to hurdle ABC News’ First Amendment rights in order to win his suit when he can sidestep those rights by squeezing [ABC’s owner] Disney instead.

Nick Catoggio

The answer may be to get a higher proportion of your news from sources like The Free Press (see Joe Nocera, above) or The Dispatch. (see Nick Catoggio, immediately above, though Nick only does commentary, not news).

Cover the children’s eyes and ears

Is Mr. Trump an irrevocable break with the past?

He isn’t the old-style president who allows you to say to the kids, “I’d like you to be like that man.” Jimmy Carter with his personal rectitude, Ronald Reagan and George H.W. Bush with their virtues—Mr. Trump is a break with that, and the way he spoke when he first announced in 2015 made it clear. When he spoke of Mexican immigrants as criminals and rapists, “and some, I assume, are good people,” which is a very Trumpian formulation, I thought, that’s not how presidents talk, you have to be measured, thoughtful, kindly.

I thought: That’s bad. But my sister and uncle thought it was good. They understood what he was saying and why he was saying it, they agreed with him, but they also knew he couldn’t walk it back. He couldn’t be elected and then say, “Oh, I changed my mind, on second thought we need more illegal immigration.” They felt the crudeness of his language meant that he was actually telling them the truth. It was a relief to them. “Forget eloquence, close the border!” They felt if the right policy requires a brute, get the brute.

Could a Lincoln become president today, a Reagan?

Peggy Noonan

Health Care

We have lots and lots and lots of ordinary, routine, foreseeable medical expenses that we should be paying for as though they were a cup of coffee or a Honda Civic, and we would almost certainly have radically better and more affordable care in those areas if we did. If your complaint is that people can’t afford to do that, then you have a tricky question to answer: If Americans as individuals and families cannot afford to pay for routine health care, then how the hell are Americans as one big indiscriminate national lump supposed to afford paying for routine health care? If nobody can afford it, then how can everybody afford it? Even if you deduct private profit and corporate administrative costs and such from the equation (which is nonsense, but, arguendo), the math doesn’t get a lot better. If your answer is “My nurse practitioner is too greedy—she drives a Lexus!—and rich people don’t pay enough taxes!” then you are a very silly person who doesn’t deserve to be taken seriously.

Kevin D. Williamson

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

Simone Weil, from a letter to Georges Bernanos.

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my 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.

Of adolescent “gender medicine”

A few years ago (confirmation hearings, I suspect):

[U.S. Surgeon General nominee Rachel] Levine refused to answer, choosing merely to say that “transgender medicine is a very complex and nuanced field with robust research and standards of care that have been developed.” Paul hit back that “the specific question was about minors,” and accused Levine of having “evaded the question.” Paul continued: Do you support the government intervening to override the parent’s consent to give a child puberty blockers, cross-sex hormones, and/or amputation surgery of breasts and genitalia? You have said that you’re willing to accelerate the protocols for street kids. I’m alarmed that poor kids with no parents, who are homeless and distraught, you would just go through this and allow that to happen to a minor.

Rand Paul Demands Answers on Puberty Blockers for Minors (February 2021)

That “robust research and standards of care” is essentially a incestuous echo chamber. In that echo chamber, “everybody knows” some things that aren’t true. But gradually, clarity intrudes, first in the Cass Report from Great Britain, most recently on Thursday just passed:

There were a couple of moments in the oral arguments in US vs. Skrmetti this week that were truly clarifying, I think. The first was about suicides among children and teens with gender dysphoria. They are — as the ACLU lawyer, Chase Strangio, finally conceded when questioned by Justice Alito — “thankfully and admittedly rare.”

That’s a big deal. It’s a big deal because the most common argument used by doctors and activists for child sex-changes for years is that if the kids do not transition, they will kill themselves. “Do you want a dead son or a live daughter?” is the question that has been repeatedly, routinely, posed to freaked-out parents with a dysphoric child. That’s why the Biden administration routinely refers to life-saving “gender-affirming care.” It’s transition or death. In every discussion I have ever had on this topic with someone who supports sex changes for kids, this has always been the first point raised.

…

We sometimes think of this trans controversy as a debate about civil rights and medicine. But it is useful at times to step back and truly grasp the radicalism of the ideology fueling the “LGBTQIA+” movement, to see what its vision of humanity is. We are socially constructed abstractions, not bodies. We have no core sex. The core goal of critical gender and queer theory — which is what is behind the child sex change craze — is to end the sex binary entirely as an organizing principle for our society. It is to remove nature from our understanding of what it means to be human. It is as extreme in its epistemological gnosticism as in its philosophical nihilism.

It is not about helping the few, and never has been. It’s about revolutionizing us all.

Andrew Sullivan

He’s not wrong. But M. Gessen seems more wrong than right:

Trans and gender-nonconforming people have existed as long as humans have used gender to organize themselves — think Joan of Arc; think Yentl; think many, many real and fictional people in-between — but in Western culture, it’s only in the last half-century that trans people have asserted ourselves as a group. It was only when we became more visible that the onslaught of new discriminatory laws began.

M. Gessen (f/k/a Masha Gessen) at the New York Times.

Two observations:

  1. “Trans and gender-nonconforming people” don’t belong together as a category. Lumping them together feeds the fad Andrew Sullivan calls “transing away the gay,” whereby gender-nonconforming adolescents are told “Maybe you’re a boy in a woman’s body” (or vice-versa), which isn’t a real thing.
  2. It’s nothing new for subterranean activity to be ignored by the law until it surfaces (“asserts itself”). Then, sometimes, the law decides it’s bad and disfavors it in various ways. There’s even a maxim for it: the law isn’t made until first it’s broken. An assertive movement based on the fantasy of women in men’s bodies and vice-versa is likely to be rejected fairly decisively.

Finally, Nellie Bowles may have the best response to the nonsense — mockery:

Chase Strangio is on the wrong side of the vibe shift: The Supreme Court this week heard arguments over whether to strike down Tennessee’s ban on medical gender transitions for minors (i.e., no puberty blockers, cross-sex hormones, or surgeries till 18). The ACLU sent their most famous lawyer and the face of the organization, Chase Strangio, to argue the case. Before things started, Chase laid out the stakes to CNN’s Jake Tapper: “These are young people who may have known since they were two years old exactly who they are, who suffered for six, seven years before they had any relief.” So: a two-year-old. When I say to my two-year-old that she’s a funny bunny, she says, “No, kitty cat.” Which to me indicates an extremely advanced and gifted conception of herself. Anyway. Surgery for her tail is next week. She has been consistent that she’s a “kitty cat” for months now. She wears kitty cat ears, a woeful stand-in for the real thing that I’m sure some excellent doctors can arrange.

Justice Ketanji Brown Jackson compared banning medical transitions for minors to bans on interracial marriage. I’m no legal scholar, but it honestly must be fun for your job to just come up with crazy analogies and throw them back at terrified lawyers. I’m just not sure I see the connection she’s making, but I also sometimes throw spaghetti at the wall when nothing’s working. It’s my “why not” business strategy. It’s the “you know what else was illegal once? Interracial marriage” approach.

Nellie Bowles

The reality as it comes to me is that many kids with gender dysphoria are working through a growing awareness of attraction to their own sex. We know how tumultuous modern adolescence is, and confusion about sexuality adds yet another layer of tumult.

Given time, and denied “affirmation” that the real them is trapped in the wrong body (though not denied love and “watchful waiting” medical and psychological care), they emerge as fairly well-adjusted homosexuals. Affirmed, too many of them only later realize that they and they enablers were too hasty, and they de-transition insofar as the changes wrought are reversible.

Maybe that’s just something I picked up in my echo chamber, but I haven’t heard anyone deny the part about “watchful waiting” leading to resolution without transition — or, rather, the only denial I’ve heard is the bogus “live daughter or dead son” trope.

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

Simone Weil, from a letter to Georges Bernanos.

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my 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.

Potpourri

Not (especially) political

Wisdom from the third world

We had a lot of trouble with western mental health workers who came here immediately after the genocide and we had to ask some of them to leave. They came and their practice did not involve being outside in the sun where you begin to feel better, there was no music or drumming to get your blood flowing again, there was no sense that everyone had taken the day off so that the entire community could come together to try to lift you up and bring you back to joy, there was no acknowledgement of the depression as something invasive and external that could actually be cast out again. Instead they would take people one at a time into these dingy little rooms and have them sit around for an hour or so and talk about bad things that had happened to them. We had to ask them to leave.

A Rwandan talking to a western writer, Andrew Solomon, about his experience with western mental health and depression. I regret losing the URL, but offer the following in complement:

Serenity in leisure

There is a certain serenity in leisure. That serenity springs precisely from our inability to understand, from a recognition of the mysterious nature of the universe; it springs from the courage of deep confidence, so that we are content to let things take their course; and there is something about it which Konrad Weiss, the poet, called “confidence in the fragmentariness of life and history.”

Josef Pieper, Leisure the Basis of Culture, page 47.

What do you do for a living?

Visit a graveyard; you will search in vain for a tombstone inscribed with the words “steam-fitter,” “executive vice president,” “park ranger,” or “clerk.” In death, the essence of a soul’s being on earth is seen as marked by the love they felt for, and received from, their husbands, wives, and children, or sometimes also by what military unit they served with in time of war. These are all things which involve both intense emotional commitment, and the giving and taking of life. While alive, in contrast, the first question anyone was likely to have asked on meeting any of those people was, “What do you do for a living?”

David Graeber, Bullshit Jobs

… but liars can figure

I saw an item in the Wall Street Journal very recently:

Here’s a statistic to remember next year, as Congress debates extending President Trump’s 2017 tax cuts: The top 1% of income-tax filers provided 40.4% of the revenue in 2022, according to recently released IRS data. The top 10% of filers carried 72% of the tax burden. Self-styled progressives will never admit it, but U.S. income taxes are already highly progressive ….

Then I saw a Politico item lamenting how little income tax the super-wealth pay on their increase wealth.

So, is someone lying?

Yeah, pretty much. Increased wealth doesn’t imply taxable income. I’m confident that the increased wealth figures Politico cited were mostly unrealized capital gains, which we don’t tax for a number of very good (if not ironclad) reasons.

Infrastructure century

Because the highways were gold-plated with our national wealth, all other forms of public building were impoverished. This is the reason why every town hall built after 1950 is a concrete-block shed full of cheap paneling and plastic furniture, why public schools look like overgrown gas stations, why courthouses, firehouses, halls of records, libraries, museums, post offices, and other civic monuments are indistinguishable from bottling plants and cold-storage warehouses. The dogmas of Modernism only helped rationalize what the car economy demanded: bare bones buildings that served their basic functions without symbolically expressing any aspirations or civic virtues.

James Howard Kunstler, The Geography of Nowhere

How long will this hold?

Most Americans say media criticism helps hold politicians accountable | Pew Research Center

One of the things I worry about is unaccountable local officials now that the internet has killed smaller local media. The Lafayette Journal & Courier is a wraith, all but invisible were it not for stories fed from other Gannett papers. WLFI has been gutted with departures as its owner, Allen Media Group, bids billions for new acquisitions but doesn’t pay its bills. Only national politics is really covered any more, and that in only a selective way:

Trans teen health

In oral arguments at the Supreme Court Wednesday, ACLU lawyer and transgender ideologue Chase Strangio was forced to admit that gender realignment surgery for children does not prevent suicide—a core claim of many trans activists, notoriously communicated to parents by doctors as “do you want a live girl or a dead boy?” (Source: The Free Press)

What’s left of the trans argument against Tennessee law, in my view, boils down to “it’s sex discrimination to allow estrogen for girls, testosterone for boys, but not vice versa” — an argument that begs the question of whether the brute fact of sexual binary has any implications for law and medicine.

Wordplay

as man became disenchanted with regards to God and the cosmos, he became enchanted instead with himself and his own potential

Jake Meador

Just as clean air makes it possible to breathe, silence makes it possible to think.

Matthew Crawford

All that is not eternal is eternally out of date.

C.S. Lewis

[T]he forces that are destroying the things I cherish most in the world — faith, family, nation, tradition — all originate in the United States.

A Catholic expat friend of Rod Dreher

Two from Dreher’s latest book

Politics

Thankfulness

The Free Press has its people weigh in on what they’re thankful for at Thanksgiving. Martin Gurri responds:

This year, the petty little man in me is thankful that I won’t have to listen to Joe Biden’s double-dribbling sentences or Kamala Harris’s sitcom canned laughter ever again. The greedy analyst in me is thankful that Donald Trump is coming to burn Washington, D.C., to the ground, so Bari Weiss can keep telling people that I’m the only human on Earth who understands this dread pirate. The lonesome immigrant in me is thankful for my wife, and children, and grandchildren, my country and my street, my plans and my memories—because they make high politics feel like a trivial dream that I wake up from, when I step away from my laptop.

Pete Hegseth

I don’t trust Trump, and it seems to me as if he’s deliberately staffing up with sexual predators — as if that was proof of a decisive “get-things-done” manliness.

Moreover, I distrust pretty boys like Pete Heseth, Gavin Newsom, etc. (Yeah. Maybe there’s a little envy there.)

Nevertheless, I’m withholding my final judgment on Hegseth’s suitability for DoD because his accusers are hiding behind anonymity.

Pardon power

[T]he President is only accountable to the electorate so long as he or his party are up for election. Once the election is over, there’s no one for voters to punish. That’s why Biden waited until after the election to pardon Hunter; why Trump did the same for Steve Bannon and Roger Stone; why Obama did the same when commuting the sentences of Chelsea Manning and the terrorist Oscar López Rivera. And, most notoriously, that’s why Bill Clinton waited until his last full day in office to pardon the fugitive Marc Rich, who had fled to Switzerland to avoid prosecution and whose ex-wife donated $450,000 to the Clinton Library.

Stephen E. Sachs, How To Ban Lame-Duck Pardons

Feather pillows

It is true that in some matters, including a considerable swath of policy issues that he neither understands nor cares about, Trump can be like Lord Derby, who, “like the feather pillow, bears the marks of the last person who has sat on him”—which is no small thing given the assortment of asses we are talking about. But Trump makes a big impression of his own on the feather pillows he encounters.

Kevin D. Williamson

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

Simone Weil, from a letter to Georges Bernanos.

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my 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.

Black Friday?

For how much longer will “Black Friday” remain a thing when its sales started at least over the last weekend?

Miscellany

Nellie Bowles gives thanks

  • After watching a funny short video that shows Joe Biden seeming to wander into an Amazon rainforest, I realized to my shock that Joe Biden is still there. He’s still standing at podiums looking translucent and confused, but technically upright. When I see him, every fiber in my body wants to put a blanket over his shoulders. And so this year, I’m thankful for our presumed president: Dr. Jill Biden.
  • I’m thankful for Kamala Harris’s campaign. First of all, they raised $1.5 billion dollars and spent it in 15 weeks. It sounds wasteful. But in fact, taking $1.5 billion dollars from some of America’s silliest people and then giving it away to hardworking ones is what I call distributive justice. Just think of the caterers who had to work around literally dozens of Kamala staff’s allergies and gluten intolerances. They deserved that cash. Think of the event planners, young women who want to save up for their own extravagant eco resort weddings. Kamala gave them a shot at Hawaii instead of the Dominican Republic. Think of the driver of that abortion van clocking overtime during the DNC who just told himself “eyes ahead, not your problem, eyes ahead.” So many worthy Americans.
  • I’m thankful this year for the First Amendment. I never understood how precious it was, or how rare, but watching European countries send cops to people’s houses for barely controversial Facebook posts has shocked me. I know we have European readers and writers, so please know I stand with you, and I hope you don’t take it personally when I say I’m so glad our forefathers fled your lands and burned the boats. We’ll do our best now to save you through a process that I can only describe as colonialism (Free Press expansion into Europe). God bless America. And Little America, as we’ll call England!

TGIF

How the Ivy League Broke America

James Conant and his colleagues dreamed of building a world with a lot of class-mixing and relative social comity; we ended up with a world of rigid caste lines and pervasive cultural and political war. Conant dreamed of a nation ruled by brilliant leaders. We ended up with President Trump.

David Brooks, How the Ivy League Broke America

Let’s blame Occam’s nominalism

Ideas, he said, was not a work of philosophy but “an intuition of a situation,” namely, a situation in which the “world . . . has lost its center.” Weaver traced that loss back to the rise of nominalism in the twelfth century, a familiar pedigree that is both accurate and comical. It is accurate because the modern world—a world deeply shaped by a commitment to scientific rationality—does have a root in the disabusing speculations of nominalism. It is comical because to locate the source of our present difficulties on so distant and so elevated a plane is simply to underscore our impotence. If William of Occam is responsible for what’s wrong with the world, there’s not much we can do about it.

Richard M. Weaver, Ideas Have Consequences

Understanding Russia (a little better)

Finding a way in which Russia could make a genuine contribution to the “common good of mankind” was a key objective of Russian intellectuals at this time. Some concluded that the only way of doing so was by deepening the process of Westernization. Others felt that Russia could never contribute original ideas to humanity if all it did was copy the West. Thus was born the split between the Westernizers and the Slavophiles. It is necessary to bear in mind, however, that the Westernizers and the Slavophiles had the same objective—to enable Russia to contribute to universal progress.

Paul Robinson, Russian Conservatism

Politics

Perfidious political coin

Challenged by a letter to the editor for his former column, Liel Leibovitz gives nary an inch:

Never do I argue that the perfidy which is our political coin emanates exclusively from one side of the political aisle. But any dispassionate student of American history, observing the chaos of the previous decade, will emerge with a rather clear picture and a rather clear culprit.

It was the omnivorous machine, controlled by Barack Obama’s Democratic Party but now incorporating everything from our newsrooms to our classrooms to our boardrooms, that spread the wild conspiracy that America’s forty-fifth president was a Russian asset. It was the same machine that refused to repudiate this story, even when the facts were available and clear. It was the same machine that harnessed law enforcement agencies to harass and intimidate public servants, and that pursued the flimsiest of legal pretexts to pursue political enemies.

This sordid history doesn’t lack documentation. Nor is it, sadly, history: When fifty-one former heads of our intelligence community, including several retired heads of the Central Intelligence Agency, vow that the “rumor” concerning Hunter Biden’s laptop is misinformation peddled by Moscow, only to remain completely silent when said laptop appears in court and confirms precisely what anyone willing to listen and think had known all along—namely, that Hunter Biden Jr., and most likely his father as well, have had some questionable dealings for fun and profit with Ukrainian magnates and other shady characters—then you know we’re in Screwtape territory.

None of this is to suggest that the only morally commendable solution is a vote for Donald J. Trump come November, or, for that matter, that the Republican candidate is an unblemished moralist worthy of the priesthood. That, of course, is equally untrue. But, as a great American once said, the bastards changed the rules and they didn’t tell us. Now that we know, though, we’ve but one obligation: Fight back, fight hard, and win.

I don’t agree with his conclusion about our “obligation” (my convictions are with Paul Kingsnorth’s Moses Option on that), but his premises seem sound — which is why, in the end, I endure the Election of Donald Trump with substantial equanimity.

On the oddly disparate cabinet picks

Ross Douthat, Three Theories of the Trump Cabinet (unlocked). Douthat seldom disappoints me, and this wasn’t one of those occasions.

Destruction in the wake

It has long been clear that the rise of Donald J. Trump meant the end of the Republican Party as we once knew it.

It has belatedly become clear that his rise may have meant the end of the Democratic Party as we knew it as well.

After three Trump elections, almost every traditional Democratic constituency has swung to the right. In fact, Mr. Trump has made larger gains among Black, Hispanic, Asian American and young voters in his three campaigns since 2016 than he has among white voters without a college degree, according to New York Times estimates. In each case, Mr. Trump fared better than any Republican in decades.

Nate Cohn, How Democrats Lost Their Base and Their Message

If you have any appreciation at all for silver linings, surely you should appreciate that Trump was not, relatively speaking, elected along racial lines.

The Very Online Culture Wars

Whether it calls itself the Right or the Left, the real content of all online politics is the internet itself, and the arc of online politics always bends towards a bunch of strangers who spend their entire lives on the computer demanding that you publicly denounce your friends.

… To pun on Wilde, it would take a heart of stone not to laugh at the ritual outrage performed by the [Very Online Left] in the wake of the 2024 election.

Insofar as the election was an affirmation of the [Very Online Right], I find much less to applaud …

Pretending to ourselves that Trump II represents a culture war victory threatens to render traditionalist accounts of the true, the good, and the beautiful incoherent …

Is there anything truly conservative about Trump II? Can a party whose convention platforms an unrepentant stripper with a face tattoo be conservative? Can a party that valorizes a techno narcissist who has proudly fathered twelve children, one of whom is named X Æ A-Xii and another of whom is named Techno Mechanicus, with three different mothers still pretend to be conservative? And this is not even to mention Trump himself, whose public persona is built on violations of nearly every verse from Proverbs and the Sermon on the Mount. The VOR represents the Silicon Valley mantra “move fast and break things” with more enthusiasm than it does any of the principles articulated by Kirk.

There is no place in the [Very Online Right] for Kirk’s elaboration of the conservative principle “that there exists an enduring moral order” and that this order “is made for man, and man is made for it: human nature is a constant, and moral truths are permanent”.

Matt Stewart, The Very Online Culture Wars

Kudos to Seth Moulton, truth-teller

Here we are calling Republicans weird, and we’re the party that makes people put pronouns in their email signature

Rep. Seth Moulton, (D. Mass) via this Times article (paywall)

Now is the FIRE’s hour

Trump’s team has announced an aggressive agenda to do exactly what his critics called for: use the power of government to attach expression they think is false, misleading, disloyal, or otherwise bad. The Trumpists want the FCC to assert more power over cable and the internet and use that power to punish enemies. They want the government to use its power to attack journalists they hate. They want to protect protestors they agree with, however violent they were, but use state force and authority and deportation to suppress protests they don’t agree with. The Trumpists have a long record of abuse of defamation lawsuits and are aligned with Federalist Society luminaries who want to make it easier for the rich and powerful to sue for defamation. Trumpists want to impose ideological requirement for vast numbers of civil servants and to investigate government employees for disloyalty. In short, they want to flex government power to punish speech they don’t like.

… Private actors, emboldened, may escalate violence and abusive litigation. Norms and traditions and values, we’ve seen, can fail.

Popehat

[H]istory is well and truly back. Even Francis Fukuyama agrees.

Mary Harrington at UnHerd

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

Simone Weil, from a letter to Georges Bernanos.

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my 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.

Columbus Day (observed)

History Rhymes

As it turned out, Yeltsin probably did not need to conduct a political campaign in the usual sense. As the Party’s hostility became more evident, Yeltsin’s popularity rose. The public attitude was that anybody the Communist apparatchiks detested must be a hero. The campaign the Party waged against Yeltsin was not merely futile; it was Yeltsin’s strongest political asset.

Jack F. Matlock, Autopsy on an Empire

Hostage situations

Republicans can’t unequivocally say that Joe Biden won the 2020 Presidential election.

But Democrats can’t say that a human being with a penis is not a woman.

Both major parties are hostage to crazies.

Hearsay High Dudgeon

Of Ta-Nahesi Coates

“Part of me would have done anything to go home,” he writes in his new book The Message, about his 10-day trip to Israel and the Palestinian territories in the summer of 2023. “The part that always grouses about the rigors of reporting, the awkwardness of asking strangers intimate questions, the discipline of listening intently.” Readers, if listening to other people is a chore, then journalism might not be the career for you.

It could also be that Coates hates reporting because he is bad at it. Every reporter knows the a-ha moment of living through the anecdote that will make the perfect lead or kicker. No such perfect anecdotes have ever happened to Coates or, if they did, he was oblivious to them. His previous book, Between the World and Me, was an indictment of America as a racist hellscape, yet the worst act of racism he recounted from his own life—not something he read about in a newspaper or a history book—was a white lady on an escalator who shouted at his dawdling son, who was blocking her way, “Come on!”

Helen Andrews.

I have no personal opinion of Mr. Coates. One of my then-favorites, Rod Dreher, was in awe of him as a writer, but before I read anything of his (save possibly a magazine article or such), he turned dour (that much I knew) and pretty much dropped off my radar.

But Andrews’ description of the worst active racism he personally experienced reminds me of a pattern I’ll call “hearsay high dudgeon.”

One notices such things, first, in one’s adversaries. 30+ years ago, my fair city, followed by the sister city across the river and my fair county, decided that we desperately needed to add sexual orientation to our human relations codes. There was no precipitating hate crime. The precipitant was merely that a liberal city councilman’s son came out, and the ordinance amendment felt like a father’s homage to his son.

As I listened to the heated public comments, I waited for evidence that we had unjust discrimination in our collective hearts. In three sets of public comments (one in each of the three jurisdictions in question), I heard one first-hand complaint from a lesbian whose military career was somehow deflected (I do not remember the details) before the military began liberalizing on such matters under the Clinton administration. (Of course, our local ordinance wasn’t going to change how the United States military treated such matters.)

But then there was one other first-hand account of local adverse effects: a male college student’s two male roommates no longer wanted to live with him after they found his stash of gay porn. Arguably, the Ordinances would have made that actionable as “discrimination in housing.” But was that discrimination “unjust”? Do we really want government intruding on roommate preferences?

Yes, we do in my community. Or maybe the testimony was irrelevant because our representatives just know, without evidence, what homophobic blackguards their constituents are.

Only later did I begin noticing similar things said by my allies. Various Christians also live in hearsay high dudgeon, collecting and cherishing accounts of “persecution” against other Christians.

Isn’t it pretty debilitating to present yourself or your tribe as victims to gain sympathy?

* * * * * * *

I have a sequel to the preceding. Some readers might wonder why I opposed extending anti-discrimination measures to the attribute of sexual orientation. They might even be indignant that I did that.

In large part, it was because I don’t think all “discrimination” is invidious (or unjust, if you prefer). “Discrimination” can be the epithet version of “discernment,” a very good and important word.

Let me illustrate. Suppose you run a government institution for troubled adolescent girls. Suppose you need staff and are determined not to “discriminate.” Suppose a 24-year-old man applies for a position that will allow him unsupervised access to those troubled adolescent girls.

Of course you have rules as safeguards against sexual predation, but rules can be broken.

Should you be discerning and recognize that hiring a man likely to be sexually attracted to some of his charges, in a position that allows unsupervised access to the objects of his desire, is a formula for disaster and scandal? Or should you follow your nondiscrimination ideology and hire him if he is otherwise the best candidate, perhaps giving yourself a pat on the back for open-mindedness?

Now flip that script. Suppose one runs a government institution for troubled adolescent boys. Suppose one needs staff and is determined not to “discriminate.” Suppose a 24-year-old “out” gay man applies for a position that will allow him unsupervised access to those troubled adolescent boys.

Same questions.

If you said you’d hire the gay man, consider the story of Greg Ledbetter (and Angela Kalscheur, too – she illustrates the first hypothetical). Greg Ledbetter was the recipient of the legislative homage, the son who came out to his father the City Councilman who started the gay-rights ordinance balls rolling.

Ledbetter was hired by a home for troubled boys after he was “out” to anyone in town who paid any attention. A few years later, two of those troubled boys came forward to say he preyed on them sexually. The local press declared editorially that they were put up to the accusations by fundamentalist homophobes and that the episode was an illustration of blackguard homophobia. Somehow, Ledbetter’s defense attorneys got a signed retraction from one of the boys and the charges went away.

But the accusations were true. Ledbetter had even videotaped the encounters, as Wisconsin police discovered when they investigated him for similar sexual predation up there more than a decade later.

He’s in custody for the rest of his years. His journalistic enablers are complicit in the abuse of dozens of boys — and they didn’t do Ledbetter any favors either.

I didn’t know at the time whether the 1990s accusations were true or false (I had spoken to the boys, but did not undertake to represent them legally) nor do I expect that the journalists would have known. What I expected from the journalists was something better than damnable conspiracy theories about fundamentalist Christians, a fundamentalist being anyone more conservative than the journalist. The journalistic reaction was tribal, not rational; gay is good, conservative Christian bad.

I did not think that a gay man inevitably would bugger boys in his charge if given the chance any more than a straight man would copulate willy-nilly with nubile girls. But I was good and damn sure, from personal experience of male adolescence and young adulthood (from which vantage point some adolescent girls remained alluring), that the chances were way too high for his hiring to have been defensible.

Saying “no” to his application would have been “discernment,” not “discrimination.” But the Ordinance we passed categorically forbids any “difference in treatment in the areas of employment, housing and public accommodations” based on sex or sexual orientation (or other attributed). No discernment is allowed.

Democrat conspiracy kooks

The claims had a powerful effect on public opinion among Democrats, just as Trump’s ranting and raving is doing now among Republicans. In March 2018, a YouGov poll revealed that an astonishingly high 66 percent of Democrats believed that in 2016 Russia tampered with vote tallies in order to get Donald Trump elected president — a claim with no more evidence behind it than Trump’s current assertions about being deprived of victory by voter fraud.

Damon Linker at The Week

Victimhood

In all seriousness, I am offended by the “typical” public school turning Orgasms for All After You Buy Consumer Crap You Don’t Need into our tacit national religion. But I’m roughly as offended by “Christian” clergy and school officials deceptively indoctrinating kids in sectarian Christianity*.

Remember that, dear Christian, next time you’re tempted to paint us as uniquely victims of the Zeitgeist. The Zeitgeist varies from place-to-place.

Empty pantsuit

The closest Harris has gotten to articulating her agenda is the following, from the 60 Minutes interview:

In the last four years, I have been vice president of the United States. And I have been traveling our country. And I have been listening to folks and seeking what is possible in terms of common ground. I believe in building consensus. We are a diverse people. Geographically, regionally, in terms of where we are in our backgrounds. And what the American people do want is that we have leaders who can build consensus. Where we can figure out compromise and understand it’s not a bad thing, as long as you don’t compromise your values, to find common-sense solutions. And that has been my approach.

This is a classic Harris quote. It’s impossible to disagree with, but it’s also so empty that it’s hard even to agree with it either. It doesn’t tell us what she personally would push for before she’d compromise, what she really has conviction about, what she really believes in. In fact, the more I listened to her in these interviews, the more worried I became that she doesn’t actually believe in anything.

… Trump knows how to sell — in fourth grade language. Harris only knows how to charm elite liberals — in language only elite liberals use. It’s the only political skill she’s ever needed to have. And it’s not going to be enough.

…

Look: I’m voting for her. Or rather, I’m voting against Trump. (The most striking aspect of the various endorsements of Harris — from The New Yorker to The Atlantic — is that they were almost entirely about Trump.) But I’ll tell you this: catching Trump’s various podcast and radio spots gives a very different impression. He is as reckless as she is careful; as conversational and natural as she is stilted and scripted. He is much more comfortable in the new media universe than she is.

Check out his interview with Theo Von, and watch him and Theo talk about cocaine addiction; or see Trump’s appearance on comic Andrew Shulz’s show. Here’s Schulz bursting out laughing when Trump says he’s “a basically truthful person” — and Trump carries on.

Andrew Sullivan, who thinks Harris is losing.

Miscellany

  • In his newsletter, Political Wire, Taegan Goddard surveyed that fabulist’s unfabulous merch: “The constant stream of Trump infomercials — hawking watches, silver coins, sneakers, bibles, coffee table books, NFTs — is beginning to feel like a going-out-of-business sale.” (Nancy Jones, Iowa City)
  • At Defector, David Roth recapped The Washington Post’s interviews with Trump rallygoers who weren’t staying for the whole show: “Some of the people The Post spoke to left because they were sick of ‘the insults,’ which feels a bit like storming out of a steakhouse dinner just before dessert because you don’t eat meat.” (Matt Keenan, Sharon, Mass.)

Frank Bruni

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

Simone Weil, from a letter to Georges Bernanos.

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my 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.

Wednesday, 10/2/24

You may be relieved to know there’s nothing today explicitly about the 2024 Election or any of the candidates in it, save for this one personal thing.

In a fit of righteous (I hope) indignation, I believe I recently wrote that if Indiana is in play come November 5, I would vote for Kamala Harris. Reminded of the centrality of permissive abortion to her campaign, and of the extremity of the national Democratic Party’s support for “transitioning” as its signature (and aggressive) response to adolescent gender dysphoria, I retract that ill-considered position. I could say more about why these two issues combined are deal-breakers, but I’d be borrowing heavily from J Budziszewski if I did (see also Concurring with Exemplary Clarity below).

I re-affirm that I will write in Peter Sonski & Lauren Onak.

Where are the conservative yard signs?

Think about yard signs. The progressive ones read:

Black Lives Matter
Women’s Rights = Human Rights
No Human Is Illegal
Science Is Real
Love Is Love
Diversity Makes Us Stronger
Kindness Is Everything

What would ours say? There are “conservative” yard signs for sale. But they contain no moral vision, nothing to believe in, only an effort to “own the libs.”

Our cupboard is so bare that young men are filling auditoriums to hear Jordan Peterson tell them to clean their rooms.

Oren Cass, Constructing Conservatism.

In my weaker moments, I’ve been known to look for an “own the libs” yard sign in response to the mincing sentiments of the progressive sign quoted, but nothing I found (and I found very little) was anything I’d put up in my yard.

The Nicene Creed might fit on a sign, but it would illegible to passing drivers, and I would be taking God’s name in vain if I put it up in rainbow hues.

From Front Porch Republic’s Saturday recommendations

  • “Wendell Berry at 90.” Jonathon Van Maren reflects on why Wendell Berry means so much to so many of his readers: “Berry’s fiction is not only a record of rural life and the slow death of agricultural America, but also a record of the interior lives of Americans before we outsourced our thinking to digital devices and absorbed our worldviews from screens. His novels lack the frantic pace of so many of his contemporaries; reading them, I had to slow my own mind and detach from the mile-a-minute culture wars to match the pace of the men and women of Port William. Always, his stories left me feeling refreshed.”
  • “Why Christian Parents Should Resist School-Issued Screens.” Patrick Miller offers a set of arguments supported by research to help parents push back against the lure of progress. He draws from his own experience on a school board: “We were offered tens of thousands of dollars in grants to pay for one-to-one devices in our classrooms. Saying no felt like stealing something from students. It felt like resisting progress. But we said no anyway, because our pressing question wasn’t ‘How can we restructure our curriculum around new technology?’ but ‘What technologies are best suited to serve our educational mission?’ Technology wasn’t our master; it was the servant. And there wasn’t enough research to prove it was a good servant.”
  • “Life on Mars.” Grace Mackey pens a thoughtful review of Haidt’s book, The Anxious Generation: “As a member of Gen Z, this was not a light read. When you spend your teens owning a smartphone, you grow used to hearing your parents and teachers blame your problems on a phone— It gets tiresome. I understand the skepticism towards Haidt and the concern that he is a grumpy old man tired of watching the online world expand into something foreign to him. I had some of that skepticism. Regardless, I picked up his book because I was genuinely curious if he offered explanations of anxiety that I hadn’t heard before. This past year, I started therapy because I needed help managing my anxiety disorder. While reading, it didn’t take long for my skepticism to fade and alarm to set in. I was struck by how deeply I resonated with what Haidt described.”

Front Porch Republic

“I was there” at the founding of Front Porch Republic, having followed several of the founding curmudgeons (e.g., Patrick Deneen, Jason Peters) before they coalesced. FPR has changed, but I still find it very much worth reading still — the Saturday curation of others’ articles especially.

Concurring with exemplary clarity

Earlier this year, the Supreme Court of Texas handed down a decision (Texas v. Loe) upholding that state’s law prohibiting medically irreversible and damaging transgender treatments for minors. The Court held that, in passing the statute, the Texas legislature employed its constitutionally legitimate power to promote the health and welfare of the state’s citizens. The law does not infringe upon the rights of parents to determine the medical care of their children or the rights of doctors to provide care.

Justice Jimmy Blacklock wrote a concurring opinion that laid out the issues at stake with exemplary clarity. He observed that the case turned on fundamental and mutually exclusive assumptions about what it means to be human.

Within the Traditional Vision, human males and females do not “identify” as men and women. We are men and women, irreducibly and inescapably, no matter how we feel. Proceeding from these moral and philosophical premises, the Traditional Vision naturally holds that medicinal or surgical interference with a child’s developing capacity for normal, healthy sexual reproduction is manifestly harmful to the child, an obvious injustice unworthy of the high label “medicine.”

Against this view, Blacklock ranges the alternative—“call it the Transgender Vision.” This view “holds that we all have a ‘sex assigned at birth,’” and thus assigned, it “may or may not correspond to our inwardly felt or outwardly expressed ‘gender identity.’” Under these assumptions, “the Transgender Vision holds that an adolescent child who feels out of place in a biologically normal body should in many cases take puberty-blocking drugs designed to retard or prevent the emergence of sexual characteristics out of line with the child’s gender identity.” It manifestly follows that parents and children have a right to this kind of treatment, just as they have a right to other medical procedures that promote well-being.

The Traditional and Transgender Visions “diverge at the most basic level.” The disagreement is metaphysical, as it were. Judges need to recognize that debates over medical procedures and disputes about empirical claims concerning the efficacy of transgender treatments “are merely the surface-level consequences of deep disagreement over the deepest questions about who we are.” The Traditional Vision sees the treatments as “self-evidently harmful to children,” whereas the Transgender Vision regards the same treatments as “necessary medical care.”

The constitutional question amounts to this: Does the Texas Legislature have the proper constitutional authority to legislate in accord with the Traditional Vision? Or does the Transgender Vision enjoy a special, privileged constitutional status, which the court must honor? Blacklock observes that it would be very strange for a judge to answer “no” and “yes.” How could anyone reasonably hold that the Traditional Vision, which has held sway from time immemorial, can’t serve as a rational basis for determining what accords with the health and welfare of citizens? And on what basis can a judge determine that the Transgender Vision enjoys privileged status, given the fact that it has never “obtained the consent of the People of Texas”?

A great deal of testimony in this case came from medical experts, who insisted that interventions to facilitate “transitioning” enjoy the approval of medical associations and other professional bodies. Blacklock notes that such testimony is irrelevant. “The Texas Constitution authorizes the Legislature to regulate ‘practitioners of medicine.’ It does not authorize practitioners of medicine to regulate the Legislature—no matter how many expert witnesses they bring to bear.” Quite right. Doctors and researchers are free to adopt metaphysical assumptions. But so are legislators. And when those assumptions conflict, those of elected legislators determine the law, not those of “experts.”

Blacklock gets to the nub of our debates about transgender ideology (and pinpoints the specious reasoning of the Supreme Court’s Bostock decision): Those urging transgender rights “claim that the Transgender Vision is an established matter of science, not a matter of belief.” But saying it does not make it so. “From the perspective of the Traditional Vision”—I would say, from the perspective of any clear-thinking person—“any such assertion is an inherent conflation of speculative philosophy and empirical science. Neither a philosophical proposition (‘gender identity is real’) nor a moral rule (‘gender identity should be affirmed’) can be proven with scientific method or the tools of medicine.”

Medical associations, academic journals, and universities have become captive to progressive ideologies, transgender ideology among them. They are certainly not trustworthy sources of moral wisdom. And they are increasingly untrustworthy sources of empirical truths. Kudos to Justice Blackwood for so clearly explaining why their distorted moral presumptions and perverted science should not be accorded transcendent legal authority.

R. R. Reno in First Things.

Reno has steered First Things so far in a MAGA (and Roman Catholic) direction that I was resolved to drop it. Then came the October issue, with Oren Cass’ article, Constructing Conservatism, three erudite responses to it, and this item, which I had not seen elsewhere. I guess I’ll be in for another year, but it sure is a bleak landscape most months.

Effete aristocrats

The dirty secret of “content moderation” everywhere is that it’s a tiny sliver of the educated rich correcting everyone else. It’s telling people what fork to use, but you can get a degree in it.

…

In prerevolutionary France, even the most drunken, depraved, debauched libertine had to be prepared to back up an insolent act with a sword duel to the death. Our aristocrats pee themselves at the sight of mean tweets. They have no honor, no belief, no poetry, art, or humor, no patriotism, no loyalty, no dreams, and no accomplishments. They’re simultaneously illiterate and pretentious, which is very hard to pull off.

Matt Taibbi on fighting back against the censors

The Airplane Class

A: One plane flight a year cancels out a lot of “environmentalist” talk.
B: I have been saying this for years. It’s even more true if CO2 emissions are all you care about; on those grounds alone you’re better off trading your Tesla for an F250 and canceling that trip to Europe. But airplanes are to one class what trucks are to another, and it’s the airplane class that runs things. Environmental policy, like everything else, is too often a matter of whose ox is being gored.
C: The airplane class is definitely a thing–and boy how [do] they love to lecture the bumpkins.

I didn’t ask permission to identify the writers (none of which was me), but thought the “Airplane Class” was a useful construct.

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

Simone Weil, from a letter to Georges Bernanos.

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my 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.