Category: Pinch of Incense

Saturday, 7/9/22

Dobbs

Digesting Dobbs‘ legal fallout

Most of my favorite podcasters have annoying mannerisms, but substance too good to get hung up on it. For a ConLaw geek, Akhil Amar’s Amarica’s Constitution fits that to a "T".

Amar glories in saying "I told you so" (not in those words) over and over and over, but as they say, "it ain’t bragging if you can do it." He definitely is one of our nation’s top Constitutional Law scholars.

Amar is a "pro-choice" liberal who recognized that Roe was a real dog’s breakfast. So I took seriously his July 6 ruminations on the rationale of Dobbs, which he considers justified if flawed (for context, note that finding little flaws in justified opinions is roughly half of what legal teaching is about).

If the court takes the Dobbs reasoning elsewhere, it portends more reversals of precedent, though not necessarily contraception, miscegenation, sodomy or same-sex marriage. (For instance, in what state in 2022 would laws against them pass to create a test case? And if such a law were passed, there’s more to stare decisis analysis than "was this wrong when decided?" or even "was this egregiously wrong when decided?")

But the originalist approaches of the conservative majority are going to be less deferential to precedent than to the original meaning of the constitutional provision in question. And that’s as it should be because the constitution, not precedent, is the supreme law of the land, and to it Justices take an oath. (It’s understood, though, that lower courts are bound by precedent from higher courts.)

I’m not sure what precedents will be at most risk, but I think we’re going to find out.

Dobbs cultural fallout

“Men, it’s on us now,” someone said on Twitter just hours after Roe v. Wade was overturned on June 24. “Either start wearing contraceptives or get a vasectomy.” In the two weeks since, the suggestion that men can or should express solidarity with women by getting vasectomies to prevent unwanted pregnancies has proliferated online. The tone varies from flirty (“getting a vasectomy is the new 6-foot-4”) to pointed (“i don’t want to hear a peep out of anyone with a dick until the vasectomy appointment is scheduled”), but the overarching message is the same: “If you create sperm and can get someone pregnant, go get a vasectomy,” one viral tweet read. “We are tired.”

… Google Trends shows a small increase in vasectomy searches during the first week of May, when the draft decision first leaked, followed by a second, larger one starting in late June. Doctors have also reported higher interest in the procedure. “We have never seen a vasectomy spike like this in response to a single political or social event,” the Florida-based urologist Doug Stein told me.

Doctors like Stein, who has been dubbed “The Vasectomy King” by local press, have spent years evangelizing for the procedure. Now their cause is suddenly ascendant. The nation’s vasectomy influencers are in the spotlight.

The Vasectomy Influencers.

Well, I certainly didn’t see that coming, though I suppose it was unrealistic to expect an outbreak of chastity.

Remember, young Lothario: vasectomy is forever. Maybe you should just keep it in your pants until you’re ready to start adulting. Not that adulting is always easy.

Adulting in America

If you’re an adult in America today, you’ve learned how to speak furtively of what is happening, how to deploy discretion in repeating what you’ve heard, this secret grammar of mass murder. Time was that a horror like the 2006 slaying of five Amish schoolgirls by a deranged gunman would hold up daily affairs for at least a few moments; even little ones could detect a disruption in the normal order of things. By now we know that if the kids are young enough to miss the news, you might as well let them, because there will—not might, but will—come a day when the reality of their situation finds them.

Elizabeth Bruenig, Living in an Age of Mass Shootings

Too much more about Orange Man and Kindred Spirits

Trumpian "coincidences"

Among tax lawyers, the most invasive type of random audit carried out by the I.R.S. is known, only partly jokingly, as “an autopsy without the benefit of death.”

The odds of being selected for that audit in any given year are tiny — out of nearly 153 million individual returns filed for 2017, for example, the I.R.S. targeted about 5,000, or roughly one out of 30,600.

One of the few who received a bureaucratic letter with the news that his 2017 return would be under intensive scrutiny was James B. Comey, who had been fired as F.B.I. director that year by President Donald J. Trump. …

Among those who were chosen to have their 2019 returns scrutinized was the man who had been Mr. Comey’s deputy at the bureau: Andrew G. McCabe, who served several months as acting F.B.I. director after Mr. Comey’s firing.

Mr. McCabe was later dismissed by the Trump Justice Department after its watchdog accused him of misleading internal F.B.I. investigators ….

Michael S. Schmidt, Comey and McCabe, Who Infuriated Trump, Both Faced Intensive I.R.S. Audits

Weaponizing the IRS is neither unprecedented nor the exlusive mark of one of the two corrupt and feckless major parties. But this is unusually blatant.

The IRS Commissioner appointed by Trump has ordered an Inspector General investigation, but it’s a stretch for me to believe that a hit-job like this didn’t come through his own office.

Roped, broke and branded

Mr Trump prizes no supporters more than those who once rejected him but then roped, broke and branded themselves. He has endorsed [Harriet] Hageman and appeared last month at a rally in Casper with her. Ms Hageman, a lawyer, stoked the crowd by itemising things to revile, from illegal immigration to Anthony Fauci. But one bit of elaboration popped out when she said Mr Trump knew she would represent “your fallacies”, quickly amending that to “families”.

High noon for Liz Cheney | The Economist

Shambolic boyo

I see nothing sad in his leaving but that he was very entertaining and had one of the best political acts—shambolic upper-class boyo, utterly lost in his personal sphere, just like you and no better than you—in modern British history.

Peggy Noonan on the downfall of Boris Johnson

Boris and Donald

The actual law-breaking and lies about law-breaking were cast in even worse light by the news today that the opposition leader, Keir Starmer, has been cleared by the police from the charge that he too had violated the lockdown rules. Starmer, to heighten the contrast, had publicly stated that he’d resign his position if he were found guilty. The difference between Keir and Boris (and I’ve known both for decades) is pretty obvious: Keir is a somewhat dull, decent bloke and Boris is an entitled, colorful charlatan.

But the glee of the elites and the mainstream media at this likable rogue’s political demise obscures something important. They were wrong to conflate him with Trump. Boris is a liar the way Bill Clinton was a liar: he lied to get himself out of trouble he’d gotten himself into. And, like Clinton, Boris had some relationship to reality — even as he tried to bluff and bluster his way through it.

Trump’s lies were far, far graver and bolder: that he’d won an election in a landslide (when he lost), and that our entire electoral system is rigged. And Trump, unlike Boris, is truly pathological and psychologically broken — incapable of distinguishing his own egomaniac fantasies from the real world.

Andrew Sullivan (emphasis added)

Not that the emphasized sentence is not how Oxford-educated pundits say "poopy-head" or "full of cooties." It’s an actual opinion — which I fully share — of psychological incapacity, which if true leads inexorably to the conclusion that Trump’s unfit to occupy the White House. That was essentially my objection to Trump from the beginning (probably 2016, when it became harder to write him off as a joke), though through a combination of luck and some adults in the room, we didn’t see the lunacy on full display until after he lost in 2020.

I thought in 2016 that his nomination, and then his election, were raised middle-fingers to America’s competent governing class. I slowly came to appreciate why a lot of American’s left-behind might want to do that, and I hope that both parties will pay attention to their legitimate grievances (i.e., the economic ones, not any racial resentments).

But God deliver us from any more Trump!

Anyway, Sullivan’s Substack this week is far more about Boris Johnson than about Trump, and gives Johnson credit for his many accomplishments. Then he pivots back:

Which brings me, of course, to the obvious analogy to the American right. The Tories were thrilled to ride Boris’ coat-tails into office — he did deliver Brexit and a smashing election victory — but they did not turn into a cult. He had to face a feisty press and weekly grillings in parliament, in which his relationship to reality was constantly tested. His own Conservative MPs — many of whom owed him their seats and careers — enabled him to a point, but they never lost their minds or, ultimately, their consciences.

Trump and the GOP? A sadder, darker, weirder story. Trump’s lies are far, far worse. Boris never questioned the results of a referendum or an election — and neither did his opponents. He didn’t marshal an armed mob to ransack parliament when his own MPs turned on him. The final straw for Boris was when he lied that he hadn’t been briefed about a minor Tory sex scandal, and apologized.

Trump, meanwhile, has unrelentingly sustained the biggest, most dangerous lie of all: that our entire democracy is rigged, that he won in a landslide in 2020, and that the GOP should seek to win the next election by any means, fair or foul. His lies are proactive and corrosive to democracy for the future. They have to be huge to work. And they are.

Why We Did It

I don’t know if this is David French’s original thought or Tim Miller’s original thought or the result of French reflecting on Miller, but darn, it’s good!

Ask any person to describe themselves, and they’ll likely respond with a mix of characteristics and virtues. They’ll describe their profession (lawyer, banker, plumber), their relationships (husband, father, grandfather), and their politics (Republican, Democrat), and if asked they might even describe their perceived virtues (honesty, fidelity, fortitude).

But what if the virtues conflict with other core parts of a person’s identity? …

[D]uring the Trump years, honesty and independence directly and starkly clashed with status. Time and again, men and women in America’s political class found that they couldn’t possess both virtue and power. They had to make a choice.

…

During the Trump years, the collision between status and virtue was constant and relentless. Trump never gave anyone a breather. He was never chagrined or mollified by scandal. He never apologized. He never turned over a new leaf. He just charged from one lie to another, and his demands for absolute loyalty left his defenders and followers with little ability to separate themselves from his worst moments while still remaining in the Republican tent.

As we’ve seen from days of courageous testimony before the January 6 House Select Committee, it is quite possible to say “I’m a Republican, and I’m honest.” But with each passing week—and with each new revelation—it grows more difficult to say “I’m a Trump Republican, and I’m honest.” Status conflicts with virtue, and status wins.

David French at his best, reviewing (and highly recommending) Tim Miller’s Why We Did It: A Travelogue From the Republican Road to Hell.

Thriving on toxicity

Somehow this seems to fit here, with the preceding two as preface:

There are species of bacteria that actually thrive in the toxic emissions from hydrothermal vents deep below the ocean. What would be killing sulphuric acid to most animals is food for them. We have created a similarly hostile climate in media and politics: high pressure, extreme temperature swings, and a toxic atmosphere. We should not be surprised, then, that unlovely creatures are the only ones who can thrive in this space.

Decent people with dignity are easy marks for outrage mobs, cancel culture, and the clickbait press. But fools with no shame are impervious to such a climate. Men and women of character tend to stay away, and if they don’t, are much more subject to the extortionate pressures of the political world. If your reputation is already poor, you can chase celebrity, frolicking among the deep-sea plumes, while your more delicate competitors are floating on the surface, poisoned.

Chris Stirewalt, H/T Alan Jacobs, commenting specifically on the improbable political victories of Donald Trump and Boris Johnson.

Miscellany

  • Public health officials in Oregon announced they would be delaying a meeting because to rush and get everything done for it was a white trait. Here’s what a high ranking Oregon Health Authority official wrote to postpone the upcoming confab: "We recognize that urgency is a white supremacy value that can get in the way of more intentional and thoughtful work, and we want to attend to this dynamic. Therefore, we will reach out at a later date to reschedule." The KKK would unironically love this explanation.
  • Tucker and conservative media have a hammer and keep looking for nails … Carlson is right that there is social breakdown that contributed to this shooting: After police took away the boy’s knives amid his various threats of violence, the Highland Park shooter’s dad helped buy him a gun.
  • “Joy too can be an act of resistance. I want to talk about personal acts of reclamation because sometimes people will say, ‘There’s nothing I can do. I feel so powerless.’ There is no act too small that you can engage in. Even today, I have a personal errand, I need to redo my nails. And I’ve decided that I’m going to use my new manicure as almost like a personal act of reclamation for me and my story.” — Alexandria Ocasio-Cortez

Nellie Bowles

Nellie had many more (including side-eyes at Elon Musk’s non-marital fertility), but I started feeling guilty about sharing so much paid content.

Penultimately, just a bit more, now from Andrew Sullivan’s miscellany:

  • “From an empirical, non-woke perspective, the ‘Kill TERFs’ movement is pretty astonishing. It’s a bunch of biological males, threatening to brutalize biological females, for saying that female sex is real,” – Wilfred Reilly.
  • “There is considerable overlap between the intelligence of the smartest bears and the dumbest tourists,” a Yosemite Park ranger when asked why it was so tough to design a bear-proof trash bin.

Happy

Happy as something unimportant
and free as a thing unimportant.
As something no one prizes
and which does not prize itself.
As something mocked by all
and which mocks at their mockery.
As laughter without serious reason.
As a yell able to outyell itself.
Happy as no matter what,
as any no matter what.

Happy
as a dog’s tail.

Anna Swir via Poetry Foundation

If people have always said it, it is probably true; it is the distilled wisdom of the ages. If people have not always said it, but everybody is saying it now, it is probably a lie; it is the concentrated madness of the moment.

Anthony Esolen, Out of the Ashes

You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

Proving the rule (and more)

Proving the rule

I have long said that when a denomination forms a committee to study whether they’ve been wrong about something that puts them at odds with the culture (and in recent years that almost always involves homosexuality), it invariably leads the denomination to capitulate to the culture.

I was wrong. Wrong about "invariably." Such studies are usually charades, but not, apparently, always.

The Christian Reformed Church in North America (the denomination in which I was an Elder until I left to become Orthodox, and in which my wife so far remains) studied sexuality from 2016 until last week. Then it "voted Wednesday at its annual synod to codify its opposition to homosexual sex by elevating it to the status of confession, or declaration of faith."

The vote, after two long days of debate, approves a list of what the denomination calls sexual immorality it won’t tolerate, including “adultery, premarital sex, extra-marital sex, polyamory, pornography, and homosexual sex.”

Christianity Today, Christian Reformed Church Brings LGBT Stance Into Faith Statement.

Note that homosexual sex is not singled out, though it leaps out on its own to everyone who knows what specific sexuality triggered the six-year study.

The reactions from the dissenters so far have run along predictable lines, which I resist critiquing except to say "It is not compassionate to affirm people’s sins." If you think "homosexual sex" is not a sin, and should be affirmed, then we do not agree.

(I do not mean by "sin" what most western people mean by "sin." Sin is "missing the mark." Deciding on the eternal consequences of particular sins, including the sin of the dissenters from the CRC synod’s decision, is infinitely above my pay-grade.)

The heaviest price the CRC will pay will almost certainly be at its highly-regarded Calvin University, a third of whose faculty publicly voiced opposition to the report from which the synod’s decision flowed:

What’s going to happen to Calvin? It’s going to lose its rock star faculty. But it’s probably going to remain Christian. These liberal faculty are going to go on to greater things, professionally, and be able to dine out on how they were badly treated by the homo-hating fundagelicals at Calvin. But the CRC has taken a brave and unpopular stand for the Gospel. God sees.

Rod Dreher. Most gay-affirming faculty will leave because they will no longer be able to subscribe (literally, as in "sign below" — I signed something analogous as an Elder) the denomination’s fortified faith statement; it would mark them as not among the cool kids to relent now by subscribing The Loathsome Thing, especially if they earlier subscribed the pre-emptive dissent.

Rod’s reader Andrew S. comments:

The momentary rush of conservative enthusiasm for this move will please Rod’s readers, but the fury of the left will be in full force over the next several weeks and months. Any university board contemplating a similar move better should study what will likely happen, and plan accordingly for a media siege of their institution. Watch for the following:

  1. a sudden drop in college rankings, unattributable to any objective criterion currently used by the major ranking media;

  2. a tsunami of requests, using already existing anonymous online reporting portals, for Biden’s Department of Education to open Title IX investigations at the universities in question;

  3. calls by social media talking heads to blacklist graduates of the schools;

  4. a sudden mysterious dearth of available federal and private grant money for faculty at these schools, along with the denial of conference platforms for faculty members.

Financial pressures are such that many if not most religiously-affiliated schools will quickly develop new “insights” into the Bible that permit them to cave in to the left, if they haven’t already. Board members sticking to Christian principles better raise prodigious sums of cash to plow into their endowments and strengthen ties with allied Christian schools to bolster their financial self-sufficiency. Woke winter is coming, and Calvin will provide an example of what other colleges should expect.

Do you doubt this? This manifests the "soft tyranny" that a few on the center-right ridicule, but which I take quite seriously, as recently as Tuesday morning:

It has now become indisputable that the liberal order not only uses a variety of quasi coercive legal instruments such as bureaucratic guidances, selective funding of NGOs, and so forth, but it also exploits the liberal version of the public-private distinction to full advantage. It deploys selective enforcement of the law against “private violence” and takes political advantage of background conditions of economic necessity (“the market”) and of the radical conformity of public opinion under liberalism, instigated by the media. It controls its subjects with mobs both virtual and real, threats of ostracism, loss of employment, and a sort of reputational death (the dreaded state of being “out of the mainstream,” enforced politically by a cordon sanitaire).

Adrian Vermeule.

I have said at least once before and will say it again: the Christian Reformed Church was a very good place from which to come to Orthodoxy. It never dove into the zaniness of broader evangelicalism (thought many parishes and individuals have dipped their toes, or even waded in up to the knees). Rather, from my earliest arrival struck me as sober and serious-minded.

Yet I expected it to cave in, because I do not trust Protestantism over the long haul to interpret their touchstone, their scriptures, in any seriously countercultural way.

I’m heartened that this was not the CRC’s year to swallow the zeitgeist. And they set such a firm precedent that it will be hard to backslide very soon. By then, the zeitgeist may have moved on, as zeitgeists are wont to do.

Why the rule remains generally valid

We are not in a post-Christian age, but in a post-Enlightenment age. The reason why these Christianities are collapsing is that they were rationalized.

Fr. Hans Jacobse on the WAWTAR podcast.

Calvinism ("the Reformed faith") is surely among the most rationalized. Its system fails, in my opinion, not for lack of rationality, but for lack of humanity: it’s hard to see daylight between Reformed predestination and simple fatalism, hard to see room for meaningful human agency.

Denialisms

I can have an argument with you about what to do about climate change. I can even accept somebody making an argument that, based on what I know about human nature, it’s too late to do anything serious about this—the Chinese aren’t going to do it, the Indians aren’t going to do it—and that the best we can do is adapt. I disagree with that, but I accept that it’s a coherent argument. I don’t know what to say if you simply say, “This is a hoax that the liberals have cooked up, and the scientists are cooking the books. And that footage of glaciers dropping off the shelves of Antarctica and Greenland are all phony.” Where do I start trying to figure out where to do something?

Jeffrey Goldberg, ‌Why Obama Fears for Our Democracy – The Atlantic.

You can swap "climate change" with a lot of other issues, most famously Alex Jones’ claim that Sandy Hook was a hoax, the bereaved parents "crisis actors." On second thought, "the Democrats stole the 2020 Election" may be more famous.

Hard words

A. G. Sertillanges wrote in The Intellectual Life: “The mind is dulled, not fed, by inordinate reading, it is made gradually incapable of reflection and concentration, and therefore of production…. Never read when you can reflect; read only, except in moments of recreation, what concerns the purpose you are pursuing; and read little, so as not to eat up your interior silence.”

Kit Wilson, Reading Ourselves to Death.

Another excellent article read, on the perils of too much reading.

Babylon, not Israel

[S]ome see America as a new Israel, God’s chosen country that’s now being taken over by His enemies, rather than a new Babylon in which Jesus-followers are mixed in with many others.

Marvin Olasky, The Sixty Years’ War: Evangelical Christianity in the Age of Trump.

The oldest lie of all is the denial of death.

The cities lie. Their radical chic is stretched tight over the bare lust for money. Their cosmopolitan diversity hides the uniformity of clawing ambition. Their youth is stolen from elsewhere, used for a time, and discarded when its looks and gullibility begin to fade. They grow little food and make fewer objects every year. They offer only services no one needs and knowledge no one believes. A blustering businessman sinks deeper into debt; but, risking it all again and again, he’ll keep up his pretence until the bailiffs arrive. That is the soul of the city.

FFatalism, The dishonest land The whole short posting was excellent in a bleak sort of way.

And, God help me, I love cities anyway.‌

Dad theory

My kids—if I can even use the possessive—are a part of me, but I cannot see them if I reduce them to my own reflection. Parenthood entails limitless closeness; all parents see more of their very young children than their kids can see of themselves. Being a dad, though, means perceiving this intimacy from a distance and working to make it outwardly manifest through awkward, conscious effort. This dialectical relationship resembles good thinking, which brings us to the first moment of Dad Theory. Dads guard against losing themselves in particularity, on one hand, and losing themselves in abstraction, on the other. Being a dad means being neither too attached to one’s own concerns to see things clearly, nor too impressed by speculation to see the messiness of real life. To practice Dad Theory is to negotiate with the known unknowns—and to trust that love is a stable point you can use to navigate through ambiguity to reach something solid and sure.

Matt Dinan, ‌It’s Time for Some Dad Theory, via Leah Libresco Sargeant, Dads Choosing to be Dependable

When is a coup too stupid to be a coup?

The American Conservative‘s Peter Van Buren looks at January 6 and concludes that the coup attempt was so stupid and so deficient in his post-hoc markers of coup attempts (he sets a remarkably high bar) that it couldn’t possibly have been a coup attempt at all.

I’m so glad he cleared that up. It will be a relief when my subscription expires and I no longer feel duty-bound to rummage through such garbage in search of nourishment.

Word of the day:

Portent. Since portents don’t come with Divinely-inscribed subtitles, I’ll leave it to you to decide what this means.

But if you want to call it "mere coincidence," note that your case is no stronger than mine for "portent."

To the woke, discernment is discrimination and boundaries are oppression.

Richard Abbot, who I don’t know from Adam but who responded to this.

You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

Potpourri 6/9/22

January 6, with us forever

After Mr. Pence was hustled to safety, Mark Meadows, the White House chief of staff, is reported to have told colleagues that Mr. Trump said that perhaps Mr. Pence should have been hanged.

Maggie Haberman, ‌Pence Staff Feared for His Safety Amid Trump’s Pressure Campaign Before Jan. 6.

That’s at least triple hearsay (someone says that Mark Meadows told colleagues that Trump said) plus a "perhaps," but with Trump, it seems sufficiently credible — and yes, I’ll plead guilty to confirmation bias if you can get an indictment.

The most astonishing part of this whole story is that Mike Pence finally said "no" to the Orange God. I thought he’d taken leave of his senses when he agreed to run with Trump, but it was only his principles that he was abandoning.

I’m assuming that the public "hearings" that begin this evening will be agitprop. I assume that it will be the kind of anti-Trump agitprop that I’m predisposed to believe. But the very fact that they brought in a storied documentary producer to help stage it counsels that I avoid it and rely on multiple secondary sources (probably WSJ, NYT and the Dispatch — which culpably leaves out stellar sources like Alex Jones, Breitbart Steve Bannon’s War Room "television show," Think Progress or other emetic productions).

Surely the gist will be something like this:

This was a violent assault on the United States Capitol, and it was provoked by a sitting president of the United States,” Cheney said. “He oversaw a multipart plan, [the] objective of which was for him to stay in power, to overturn the results of an election and stay in power. And I would say to people, as you’re listening to some of my colleagues and others who think that the way to respond to this investigation is with politics and partisanship—those people are not acting in a way that is healthy for the country.

Liz Cheney on the Dispatch Live

Defense/Defiance

Spend much time at gun shows or at gun shops, and you’ll quickly become familiar with something called the “tactical” or “black gun” lifestyle, where civilians intentionally equip themselves in gear designed for the “daily gunfight.” It’s often a form of elaborate special forces cosplay, except the weapons (and sometimes the body armor) are very real.

Something has changed in the streets as well. It’s now common to see men and women armed to the teeth, open-carrying during anti-lockdown protests and even outside public officials’ homes. This is when the gun is used to menace and intimidate. It’s displayed not as a matter of defense but rather as an open act of defiance. It’s meant to make people uncomfortable. It’s meant to make them feel unsafe.

David French,‌Against Gun Idolatry.

I’ve noticed increasingly that I "learn" things by reading other than what the author directly intended. In this case, French helped me put my finger on what I, an enthusiast neither for guns nor for gun bans, find obnoxious about open carry regimes: they enable performative assholery and political intimidation.

Knock-on celebrity

Some individuals reach the unfortunate but not entirely irrational conclusion that the best way to be remembered is by assassinating somebody whose long-lasting fame is guaranteed. There is something very modern about this approach. In the celebrity culture where we all live, nothing is worse to some people than the idea of dying unknown and staying that way. Shooting your way out of this box is a method of leeching off of someone else’s celebrity. In the celebrity culture, a negative reputation for all times is better than no reputation at all. John Wilkes Booth shot Abraham Lincoln because he (Booth) was a Southern partisan. John Hinckley shot Ronald Reagan because he wanted fame, like Travis Bickle in the movie Taxi Driver—or at least an opportunity to touch fame.

Michael E. Kinsley, Old Age

Social Media in the unreal world of celebrities

Somehow, this seems related to the preceding item:

[I]t is difficult for me not to have some level of sympathy for [Amber] Heard. She has not only been found by the jury to have testified falsely as to critical issues of fact—to have lied—but been so pilloried throughout the nation that she has become a public face of falsehood. We have had public figures at the highest level of national authority who have routinely lied about far more important matters and have never been subjected to anything like the level of opprobrium she is now enduring.”

The rage against her—and the worship of him—has been primal. And there was no escaping it. Over the course of the trial, it felt like the algorithms that drive social media were programmed to stoke hatred of Heard.

Famed attorney Floyd Abrams via Bari Weiss.

The delusion of quantification, mastery and management

You likely read or heard about Jonathan Haidt’s big April essay in the Atlantic, “After Babel: Why the Past 10 Years of American Life Have Been Uniquely Stupid.” The thesis is pretty straightforward: social media is ruining America. In the New Yorker, Gideon Lewis-Kraus takes an admirably fair and honest look at Haidt’s claims. Frankly, Lewis-Kraus is to be commended not only for his analysis but for the spirit in which it was presented. Basically, he found that it is difficult to support Haidt’s most dire claims with existing data.

Lewis-Kraus, and the scholars he consulted, are probably right. Haidt’s case is difficult to defend given existing research. Interestingly, however, they all seem to approach this in similar fashion: they grant that Haidt is right to be concerned, but they’re simply not sure if he is concerned about the right things and in the right measure. Lewis-Kraus is also to be commended for the running acknowledgement that it may be difficult to measure and quantify the kind of effects we’re looking for. I remain skeptical that we can rely merely on social scientific data to ground our action. That may very well be a symptom of the deeper (Babel-like!) delusion of mastery and management. But along those lines, this was a particularly interesting observation:

“Gentzkow told me that, for the period between 2016 and 2020, the direct effects of misinformation were difficult to discern. ‘But it might have had a much larger effect because we got so worried about it—a broader impact on trust,’ he said. ‘Even if not that many people were exposed, the narrative that the world is full of fake news, and you can’t trust anything, and other people are being misled about it—well, that might have had a bigger impact than the content itself.’”

Well, that’s kind of the point isn’t it? I mean, that consequence Gentzkow describes is a consequence of social media, which acts as a massive assortment of feedback loops from the social body to the collective consciousness, such that it generates all manner of distorted and disordered actions.

Finally, on this score, I’ll say that the allusion to the Babel narrative amounts to little more than window dressing (curiously, the Atlantic seems to have removed the reference from the title). When Haidt writes, with reference to the tower, that social media platforms “unwittingly dissolved the mortar of trust, belief in institutions, and shared stories that had held a large and diverse secular democracy together,” he seems to be overlooking the fact that in the Hebrew story the destruction of the tower was not something to be lamented. The destruction of the tower was an act of judgment on the hubris of the builders. I think there was an interesting direction in which to take that story, but I’m not sure this was it.

L.M. Sacasas, ‌Readings and Resources (emphasis added because I share his skepticism about our collective delusion).

Writers shouldn’t talk

Who in their right mind would want to talk, much less listen, to a person who has contrived to spend as much of her life as possible crouched over her computer in isolation, deleting unsatisfactory variants of a single sentence for upwards of an hour? Nothing in my daily practice has prepared me for the gauntlet of a tête-à-tête. Writing is an antidote to the immediacy and inexactitude of speech, and I resent any attempt to drag me back into the sludge of dialogue …

Books and essays are the product of long bouts of thinking, which makes writers fantastically ill-suited to summoning opinions instantaneously …

To be adept at honing sentences for weeks or months is no guarantee of any aptitude for improvisation. Nor does skill at fictionalizing life or theorizing about it correlate with any facility for entering into the thick of things.

Becca Rothfeld, Writers Shouldn’t Talk

From my subjective core, this is almost too obvious to say write. I’m myself in Rothfeld’s camp. I’ve labored way too long over relatively short speeches I was expected to give, and then delivered them as closely to the written text as I could manage while maintaining reasonable eye contact. I don’t trust my spontaneous utterances to be worth the attention of assembled auditors. Obviously, I’m less inhibited about the written word.

Celebrate the First Amendment

An Australian court on Monday ordered Google to pay $515,000 to former Australian politician John Barilaro for failing to take down from YouTube a campaign of “relentless, racist, vilificatory, abusive, and defamatory” videos attacking him, which the court ruled “drove Mr. Barilaro prematurely from his chosen service in public life and traumatized him significantly.”

TMD. I do not know the details behind this, so I won’t call Mr. Barilaro a snowflake, but I’m having trouble imagining any possible details that would support liability in U.S. Courts. And with due allowance for familiarity, I like it that way.

Dreherisms

Smart to have a dumb home?

The business rationale for the smart home is to bring the intimate patterns of life into the fold of the surveillance economy, which has a one-way mirror quality.

Matthew B. Crawford, Defying the Data Priests

Librarian cosplay

I’m tired of hearing about supposed book bannings in the U.S.

  • Deleting a book from a curriculum while leaving it in the school library is not a book banning.
  • Someone trying to get a book removed from a public library, which tells that someone to go take a hike, is not a book banning.

What’s going on, I think, is bored librarians (is there another kind?) engaging in ritual cosplay ("You can have To Kill a Mockingbird when you pry it from my cold, dead fingers!").

Wordplay

From the Economist:

Word of the Week: écoponts, “wildlife bridges” in French. France is building overpasses for animals to reduce roadkill and help them roam more freely. Read the full story.

You have to be educated into cant; it is a kind of stupidity that surpasses the capacity of unaided Nature to confer.

Anthony M. Esolen, Out of the Ashes (Kindle location 411)

You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

Essentially unrelated

My dear Socrates … you know why they are putting you to death? It is because you make people feel stupid for blindly following habits, instincts, and traditions. You may be occasionally right. But you may confuse them about things they’ve been doing just fine without getting in trouble. You are destroying people’s illusions about themselves. You are taking the joy of ignorance out of the things we don’t understand. And you have no answer; you have no answer to offer them.

Nassim Nicholas Taleb, Antifragile

Most poets in the West believe that some sort of democracy is preferable to any sort of totalitarian state and accept certain political obligations, to pay taxes, to vote for the best man or programme, to serve as jurymen, to write letters of protest against this or that act of injustice or vandalism, but I cannot think of a single poet of consequence whose work does not, either directly or by implication, condemn modern civilisation as an irremediable mistake, a bad world which we have to endure because it is there and no one knows how it could be made into a better one, but in which we can only retain our humanity in the degree to which we resist its pressures.

W.H. Auden in Encounter (April 1954), via Alan Jacobs

The term civil religion was introduced by Rousseau in the eighteenth century. In the last chapter of The Social Contract, Rousseau proposes an explicit civil religion as a cure for the divisive influence of Christianity, which had divided people’s loyalties between church and state. Rousseau does not wish to erase Christianity entirely, but to reduce it to a “religion of man” that “has to do with the purely inward worship of Almighty God and the eternal obligations of morality, and nothing more.”

William T. Cavanaugh, The Myth of Religious Violence

Oh. Only "inward" worship and yada, yada, yada. Nothing to see here. Move along now.

On so many topics, the legacy press has forcibly limited the scope of legitimate discussion. The downstream effect of this is is as obvious as it is alarming: It denigrates trust in institutions that are meant to be in the business of pursuing the truth. And it drives curious people to dark corners of the Web, where conversations about the origins of the virus mix easily with those about the Rothschilds.

Bari Weiss, ‌Did Covid Come From the Lab? Mike Pompeo says Yes.

Dr. Russell Moore is leaving the Ethics and Religious Liberty Commission of the Southern Baptist Convention. A lot of Southern Baptists considered him a liberal for deny 45’s suitability for the office of POTUS and for answers like this one, which forever endeared him to me.

Russell Moore isn’t the only Evangelical who warned against 45:

The day after his inauguration, I wrote, “A man with illiberal tendencies, a volatile personality and no internal checks is now president. This isn’t going to end well.” And it didn’t.

Peter Wehner, arguing that we’re not out of the violent woods yet.

I often think that the famous Orthodox answer to certain questions, “It’s a mystery,” … is not a statement that means, “I do not know,” but, rather, “I know, but there are no words for it.”

Fr. Stephen Freeman, ‌The Verbal Icon of Christ

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

Another curated collection

There’s another strange point that I would add, and maybe we’ll talk about this a little bit more because it does touch on broader issues, but it would be a strange doctrine indeed [if] every time the government takes over a new function and starts to contract about it, the scope of free exercise or free speech rights just automatically shrinks. Because that would mean that in order for the government essentially to do what it wants it just has to occupy the field on any particular field …
The growth of the administrative state has been putting a lot more pressure on the exercise of religion, and this would be a good example of that. And this came up in oral argument: Justice Barrett asked this question at one point, “well could the city just take over running all the hospitals and then say that ‘we’re going to contract it out and everybody has to agree with our terms’?”

Marc O. DeGirolami and Mark Movsesian, respectively, Legal Spirits Episode 028: Oral Argument in Fulton v. Philadelphia – LAW AND RELIGION FORUM, starting at about the 12:05 mark (hyperlink added).

Fulton is last Wednesday’s SCOTUS oral argument over Philadelphia taking over foster care and then banning Catholic Social Services because, had a hypothetical gay couple (or any unmarried couple) shown up seeking to foster or adopt, CSS would have referred them elsewhere. Oh, the horror!

It was a strange oral argument, though, as noted both by these two and by David French and Sarah Isgur last week on Advisory Opinions (starting at 49:00).

“There’s a lot of parallels between a community that’s 96% Hispanic and a community that’s 96% white,” said Freddy Guerra, a former mayor of nearby Roma[, Texas]. “Racism is not something that people deal with in Starr County because everybody’s brown. Climate change isn’t something they feel. They prefer bread on the table.”

Elizabeth Findell, How Democrats Lost So Many South Texas Latinos—the Economy – WSJ

This reminds me of my six weeks in Europe and the British Isles in 1968, touring with the Wheaton College Men’s Glee Club.

When we were in Belfast and Northern Ireland more generally, I (good Protestant boy though I was) was appalled at the anti-Catholic bigotry. I was not surprised when the Catholics started fighting back the next year — The Troubles.

Ireland to the south, in contrast, was tolerant of its Protestant minority.

Seeking some explanation other than intrinsic Catholic tolerance (an answer that I’d have found most uncongenial at that point in my life), I was told that it was pretty simple: Protestants were too few in Ireland to worry about, while Catholics were a very large part of Northern Ireland.

I guess our American polarization could be caused by either of two things:

  • No place is so nearly homogenous as Ireland; there’s no place where a dissident minority can be ignored; or
  • We don’t perceive the United States as a bunch of places, so any dissent from our views anywhere is a threat.

Maybe there are other options, or maybe I’m generalizing too hastily.

A great cry went up from Orthodox throats across the globe earlier this year when the Turkish government repurposed Hagia Sophia from museum to mosque. The cry was an echo of May 29, 1453, when the city of Constantinople fell to the forces of Sultan Mehmed II. That day, and its pain, have remained an iconic tragedy of a lost world and an abiding sadness. No one dared ask that the Church be returned to use as a Church – better a museum than a mosque. In truth, even as a museum, the loss remains intense. What is lost is not real estate, a building. It is the right place of beauty in the Christian experience. That loss is repeated in museums across the Western world.

Years ago, as a young Anglican priest, I visited the art museum at Bob Jones University in Greenville, SC (my home town). With me was an Anglican monk. Together we made our way through a surprising collection of Italian Church art, and, at the time, one of the largest collections of Russian icons outside of the Soviet Union. Guards followed us carefully through the museum – not that we were perceived as potential thieves. Rather, I think, we were perceived as potential idolaters. That “Christian” museum was, in many ways, a parallel of Hagia Sophia.

…

The Russian icons at Bob Jones were originally created not just as exemplars of an abstract beauty, but as objects of veneration. They were (and are) “windows into heaven.” The Fathers said of icons that they “make present that which they represent.” They are a means of communion. In the museum-world of modernity, what is contemplated is our own feelings and thoughts. Beauty becomes “art,” serving only our self-gratification.

That which is made present in an icon is perceived only in the act of veneration. In that action, the one who sees also participates through the extension of the self towards that which is made present ….

Fr. Stephen Freeman, Museums, Churches, and My Back Yard – Glory to God for All Things (emphasis added).

The reminder that a lot of museum’s misappropriate stuff (legally) was chastening. And I can’t resist poking a bit at BJU given a legitimate opportunity.

I corrected a shocking omission in my education today by finally reading Alexandr Solzhenitsyn’s 1978 Harvard Commencement Address, A World Split Apart:

The press too, of course, enjoys the widest freedom. (I shall be using the word press to include all media.) But what sort of use does it make of this freedom?

Here again, the main concern is not to infringe the letter of the law. There is no true moral responsibility for deformation or disproportion. What sort of responsibility does a journalist or a newspaper have to his readers, or to his history — or to history? If they have misled public opinion or the government by inaccurate information or wrong conclusions, do we know of any cases of public recognition and rectification of such mistakes by the same journalist or the same newspaper? It hardly ever happens because it would damage sales. A nation may be the victim of such a mistake, but the journalist usually always gets away with it. One may — One may safely assume that he will start writing the opposite with renewed self-assurance.

Because instant and credible information has to be given, it becomes necessary to resort to guesswork, rumors, and suppositions to fill in the voids, and none — and none of them will ever be rectified; they will stay on in the readers’ memories. How many hasty, immature, superficial, and misleading judgments are expressed every day, confusing readers, without any verification.

The press — The press can both simulate public opinion and miseducate it. Thus, we may see terrorists described as heroes, or secret matters pertaining to one’s nation’s defense publicly revealed, or we may witness shameless intrusion on the privacy of well-known people under the slogan: “Everyone is entitled to know everything.” But this is a false slogan, characteristic of a false era. People also have the right not to know and it’s a much more valuable one. The right not to have their divine souls [stuffed with gossip, nonsense, vain talk.] A person who works and leads a meaningful life does not need this excessive burdening flow of information.

Hastiness and superficiality are the psychic disease of the 20th century and more than anywhere else this disease is reflected in the press. Such as it is, however, the press has become the greatest power within the Western countries, more powerful than the legislative power, the executive, and the judiciary.

More:

Without any censorship, in the West fashionable trends of thought and ideas are carefully separated from those which are not fashionable; nothing is forbidden, but what is not fashionable will hardly ever find its way into periodicals or books or be heard in colleges. Legally your researchers are free, but they are conditioned by the fashion of the day. There is no open violence such as in the East; however, a selection dictated by fashion and the need to match mass standards frequently prevent independent-minded people giving their contribution to public life … There is, for instance, a self-deluding interpretation of the contemporary world situation. It works as a sort of a petrified armor around people’s minds. Human voices from 17 countries of Eastern Europe and Eastern Asia cannot pierce it. It will only be broken by the pitiless crowbar of events.

Still more:

If humanism were right in declaring that man is born only to be happy, he would not be born to die. Since his body is doomed to die, his task on earth evidently must be of a more spiritual nature. It cannot be unrestrained enjoyment of everyday life. It cannot be the search for the best ways to obtain material goods and then cheerfully get the most of them. It has to be the fulfillment of a permanent, earnest duty so that one’s life journey may become an experience of moral growth, so that one may leave life a better human being than one started it.

I also read some less enduring stuff.

The American people can have confidence that this election was fundamentally fair, its integrity will be upheld, and its outcome is clear.

Former Republican President George W. Bush, in a statement congratulating Joe Biden for winning the presidency, quoted in Knowhere News

Only in the fevered mind of Donald Trump is this statement not admirable, but I’ll be surprised if Trump hasn’t mean-Tweeted it.

The fine print on the campaign’s website shows that 60 percent of contributions to Trump’s new “Election Defense Fund” will actually be diverted toward retiring his campaign’s debt, and Axios reported last night that the president plans to “hold campaign-style rallies … in an effort to prolong his fight against apparent insurmountable election results.”

The Morning Dispatch: Biden Calls for Unity

Did you even read past the first sentence? Or are you just purposely lying so you can talk tough? No one said give up. I literally said investigate every irregularity and use the courts. You’re a member of Congress now, Marjorie. Start acting like one.

Congressman Dan Crenshaw to Congresswoman-elect Marjorie Taylor Greene, who spouted some chest-thumping misrepresentation of Crenshaw on Twitter.

Thank you, Mr. Crenshaw.

Out of the crooked timber of humanity no straight thing was ever made.

You shall love your crooked neighbour
With your crooked heart.

W.H. Auden

You can read most of my more impromptu stuff here or join me and others on micro.blog. You won’t find me on Facebook any more, and I don’t post on Twitter (though I do have an account for occasional gawking).

Life goes on — and maybe gets better

I have been enjoying Jake Meador and the other young folks who write for Mere Orthodoxy for several years now, as it accelerates its publishing pace and the breadth of its author pool.

I can’t say for sure I’ve encountered Bart Gingerich more than once before, and that one encounter was at Mere Orthodoxy, too. Now I’m recommending another article from him, this time for orthodox Christians who are feeling anxious about their future in a world where the new civic religion, Pride, forces itself on one and all for the full month of June, and where woke capital guard against excessive virtue the remaining 11 months as well.

Young Gingerich’s message is twofold:

  1. We’ve lost on the sexual revolution, humanly speaking, for an indeterminate future. Get over it. We have plenty of rot in our own church environs to occupy us for the duration.
  2. We are not helpless economically against the predations of woke capital. There are things we can and should do.

Excerpts:

Be Holy

In a certain sense, our current “post-Obergefell moment” presents an opportunity to take stock of ourselves as American Christians. With such an important battle for sexual morality lost, now is a time to turn our focus and attention to things matters of holiness afflicting the Church. In being so focused on the homosexuality issue and the political fights that took place in legislatures and court rooms, I fear many Christians have ignored other pressing matters of holiness that are just as deleterious to the Church and to the nation at large.

…

Having a fulsome Christian sexual ethic that is enforced consistently across the board in our ecclesiastical contexts makes our teaching on LGBT issues credible to up-and-coming generations. But the main motivating factor for us to pursue sexual holiness corporately is because it pleases the Lord. So let us not waste our Obergefell; let us recommit ourselves to holiness.

Be Strong for Others

This is an old maxim from the days of chivalry: might for right. In this case, I have economic might in mind. I beseech those in the Church who are talented and enterprising: consider bulking up to provide shelter to the brethren …

This is not to say that enterprising Christians should not pursue old stand-bys: the trades, contracting, real estate, farming, and more. The goal, as Pastor Chris Wiley says in his excellent little book Man of the House, is to acquire productive property …

This is part of what it means to be strong for others … [W]ith ownership comes liberty. This is why political concerns still matter. Lawsuits against Christian bakers, photographers, and more will have a big effect on other Christian business owners. But many decisions on this front have been encouraging, making self-employment and ownership of productive property a desirable alternative to laboring for a progressive institution.

… [A]cross the board, this is likely going to involve making households productive again. No longer will households be simply centers of recreation, which is where we find ourselves today thanks to the Industrial Revolution and other shifts. The homeplace will once again be the workplace, and that will be a good thing …

Be Anxious for Nothing: Love One Another

At the heart of the previous section and this one is this: no one is going to starve. Plenty of vitriol in Christian reactions to the LGBT+ agenda has been fueled by disgust for homosexual and transsexual promiscuity and its effect on our families, communities, nation, and world. But there is also a desperation apparent in the rhetoric and activism that springs from a fear for survival, both materially in terms of livelihood and spiritually in terms of the Church’s continued existence in the United States. I would like to tackle the former fear first: no one is going to starve.

… If things continue on their current trajectory in the United States (and that is a big “if,” for history if full of surprises), the individualism and isolation that has become so typical of the American Church is going to come to an end due to necessity.

Bart Gingerich, Traditional Christians in America Post-Obergefell: Now What?

This is serious analysis. I’d paraphrase part of his “Be Strong for Others” as “stop thinking about jobs and start thinking about vocations.” And I’d also note that this vision for economic well-being at a more intimate scale than that of the progressive corporations is essentially Distributist.

* * * * *

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

I highly recommend blot.im as a crazy-easy alternative to Twitter (if you’re just looking to get your stuff “out there” and not pick fights).

Clippings and comment, 1/22/19 pm

1

David Brooks:

[I]n the age of social media [polarization is] almost entirely about social type. It’s about finding and spreading the viral soap operas that are supposed to reveal the dark hearts of those who are in the opposite social type from your own.

It’s about finding images that confirm your negative stereotypes about people you don’t know. It’s about reducing a complex human life into one viral moment and then banishing him to oblivion.

You don’t have to read social theory on this phenomenon; just look at the fracas surrounding the Covington Catholic High School boys.

… [I]t’s important to remember that these days the social media tail wags the mainstream media dog. If you want your story to be well placed and if you want to be professionally rewarded, you have to generate page views — you have to incite social media. The way to do that is to reinforce the prejudices of your readers.

… The crucial thing is that the nation’s culture is now enmeshed in a new technology that we don’t yet know how to control.

…

It’s hard to believe that people are going to continue forever on platforms where they are so cruel to one another. It’s hard to believe that people are going to be content, year after year, to distort their own personalities in service to a platform, making themselves humorless, semi-blind, joyless and grim.

I want Brooks’ story to “be well placed” and Brooks “to be professionally rewarded” for his synthesis of the weekend incident and his framing of the problem it reveals.

2

[T]he vilification of Mrs. Pence makes prophetic Justice Samuel Alito’s prediction in his dissent in Obergefell v. Hodges, the Supreme Court decision throwing out all state laws against same-sex marriage. Justice Alito saw a perilous future for those who still embraced the view Mr. Obama once claimed to hold. “I assume that those who cling to old beliefs will be able to whisper their thoughts in the recesses of their homes,” he wrote, “but if they repeat those views in public, they will risk being labeled as bigots and treated as such by governments, employers, and schools.”

In the larger sense the faith-shaming of Mrs. Pence exposes an inversion of tropes. In history and literature, typically it has been the religious side that can’t tolerate the slightest disagreement from its dogma and behaves like outraged 17th-century Salemites when they think they have uncovered a witch.

Now look at the Immanuel Christian School. Those who run it know they and those who think like them are the big losers in America’s culture war. All they ask is to be allowed, within the confines of their community, to uphold 2,000 years of Christian teaching on marriage, sexuality and the human person.

When Obergefell was decided, it was sold as live-and-let-live. But as Justice Alito foresaw, today some sweet mysteries of the universe are more equal than others. In other words, it isn’t enough for the victors to win; the new sense of justice requires that those who still don’t agree must be compelled to violate their deepest beliefs ….

William McGurn

3

A very good point:

But for the sake of arguing let us assume that the boys did just what the initial story alleged them to do. They went and harassed a Native American while that Indian made his protest. What then? Is what they did terrible? Yeah. Should they be punished? Absolutely. Should that punishment be that they are doxed, tarred as a racist, and casted out of respectable society for the rest of their lives? Once again, have you ever been 16? Or to put it another way do you want to be judged for the rest of your live by the worst thing you have ever done?

My point is that even if the initial story was correct this overreaction says a lot about what we have become. Do we really think that we should not forgive them? Criminals who break into our homes can get forgiven, but not 16 year old kids. Assault them? Dox them? Did people actually listen to what they are saying, or read what they are writing, when they decided to dehumanize these boys? Or did it just feel good to have a villain that we can treat like dirt?

[L]et us not let the elephant in the room go unnoticed. The boys made for convenient villains because they were wearing MAGA hats. They also white males who are likely heterosexual and Catholic. For certain groups in our society individuals with such characteristics should not have a place in our public square. Therefore, we are allowed to dehumanize individuals with these characteristics. There is a narrative whereby we should not be concern with “white tears.” After all even if whites are mistreated, it is nothing compared to how they have mistreated, and continue to mistreat, other right? This argument gives some people license to ignore any complaints from white Christian males.

4

While the petition now before us is based solely on the Free Speech Clause of the First Amendment, petitioner still has live claims under the Free Exercise Clause of the First Amendment and Title VII of the Civil Rights Act of 1964 … Petitioner’s decision to rely primarily on his free speech claims as opposed to these alternative claims may be due to certain decisions of this Court.

In Employment Div., Dept. of Human Resources of Ore. v. Smith, 494 U. S. 872 (1990), the Court drastically cut back on the protection provided by the Free Exercise Clause, and in Trans World Airlines, Inc. v. Hardison, 432 U. S. 63 (1977), the Court opined that Title VII’s prohibition of discrimination on the basis of religion does not require an employer to make any accommodation that imposes more than a de minimis burden. In this case, however, we have not been asked to revisit those decisions.

Statement of Justice Alito, joined by Thomas, Gorsuch and Kavanaugh, respecting the denial of certiorari in Kennedy v. Bremerton School District, 586 U.S. ____ (January 22, 2019). Eugene Volokh thinks this signals willingness of these justices to reconsider Employment Div. v. Smith, and

What’s more, Justice Breyer had earlier (in City of Boerne v. Flores (1997)) made clear that he thought Employment Division v. Smith was indeed wrongly decided and should be overruled.

Reading the two first-quoted paragraphs in context, I emphatically agree with Volokh about what they signal. So there may be a majority ready to restore a more robust free exercise clause, which I’ve supported ever since Employment Div. v. Smith emasculated (can one still say that?) free exercise (or at least lowered its testosterone level dramatically).

Unlike either of the stereotypes Volokh describes regarding who favored broad free exercise right in the past versus now, I have always favored them, with little concern for government efficiency (is that an oxymoron?). But I must admit that the people getting the short end of parsimonious free exercise rights these days are more like me (Christian, traditional on sexual behavior and marriage, etc. — see item 2, above) than free exercise claimants used to be, and that would make broadening particularly congenial.

* * * * *

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

Friday Potpourri 8/24/18

1

Do you support religious liberty or LGBT individuals? It needn’t be an either–or proposition. Just as many who identify as LGBT hold conservative values, so many religious social conservatives count LGBT individuals among their beloved friends, family, and colleagues. This allows conservatives to take a compassionate, solution-oriented approach to addressing the problems faced by LGBT individuals. Such an approach can negate the need to treat sexual orientation and gender identity as a protected class.

…

Andrew Koppelman, an LGBT advocate [and Northwestern University Law professor], admits that blanket denial of service for LGBT people is rare:

Hardly any of these cases have occurred: a handful in a country of 300 million people. In all of them, the people who objected to the law were asked directly to facilitate same-sex relationships, by providing wedding, adoption, or artificial insemination services, counseling, or rental of bedrooms. There have been no claims of a right to simply refuse to deal with gay people.

Our society is already fairly tolerant, with next to no cases of people flat-out denying service to LGBT individuals solely on the basis of their sexual orientation or gender identity. What the Left often fails to realize is that true tolerance cuts both ways. Existing SOGI policies should be narrowly interpreted so that they act as shields against truly discriminatory practices, not as swords to punish religious beliefs. This approach promotes mutual tolerance and penalizes no persons for either their identity or their beliefs.

Monica Burke and Jared Eckert, Don’t Typecast Conservatives: They, Too, Respect the Dignity of LGBT Persons, at National Review online.

2

Writing of the Colorado Civil Right Commission, which is pursuing Jack Phillips again at the behest of Transgender Troll, Esq.:

[T]he governor makes all appointments to the commission unilaterally and the commissioners don’t have to be attorneys or have virtually any other qualifications except that a majority must be from a traditionally discriminated class, which as of 2008 included sexual orientation and transgender status.

But there is also no requirement for diversity of class, thus, the governor could appoint a majority or even all commissioners who openly identify as LGBT and seek a seat on the commission specifically because of that identification. Religion is also a traditionally protected class, so I’d love to see a future governor appoint a majority of commissioners who are specifically Christian and watch how fast the Democrats would try to shut down the Commission then.

Jenna Ellis. Or we could, maybe, try that better way.

3

Will we try the way of coercion or of civil society?

Unlike some of my fellow conservatives, I resist the idea that SOGI (Sexual Orientation and Gender Identity) anti-discrimination laws are part of a conspiracy to eradicate authentic Christianity. I say that even though the Colorado Civil Rights Commission was quite explicitly bigoted against Jack Phillips and so blinded by ideology as to be incapable of acknowledging that they were not punishing a homophobe but trying to coerce a conscientious artist into creating a work of art to celebrate what his conscience could not celebrate.

No, the impetus for SOGI laws lies in the felt need of “sexual minorities” for explicit affirmation — and some outrage, real or confected, when they get toleration instead of whole-hearted affirmation in every corner of civil society they choose to visit.

It’s heartening to me that some progressives of good will are starting to see, if not exactly what I see, at least that the stick of anti-discrimination laws is producing some real injustices.

4

We direct the fashionable outcry of each generation against those vices of which it is least in danger and fix its approval on the virtue nearest to that vice which we are trying to make endemic. The game is to have them running about with fire extinguishers whenever there is a flood, and all crowding to that side of the boat which is already nearly gunwale under.

Screwtape, to Wormwood, via Shane Morris.

5

A Catholic priest who had finished morning prayers inside an Indiana church earlier this week said he was attacked by a man who told him, “This is for all the little kids.”

Then, he said, he blacked out.

The priest, Rev. Basil John Hutsko, was knocked unconscious by an unknown person about 9 a.m. Monday at St. Michael Byzantine Catholic Church in Merrillville, Indiana, police told the Chicago Tribune.

Hutsko, who was taken to a hospital, was left with bruises on his face and body.

(USA Today, 8/24/18)

6

Cynthia Nixon’s challenge to New York governor Andrew Cuomo nudges the thinking adult toward that least conservative of all political sentiments: “Couldn’t be any worse.”

Things can always be worse.

But it is not obvious how or why Nixon, a celebrity neophyte, would be worse than Cuomo, a corrupt and incompetent heir to a half-assed political legacy. Nixon at least can boast of being an excellent actress — what exactly is it Andrew Cuomo is good at? Choosing his parents?

…

Of course she’s a naïf, and a borderline jackass. She’s new to this. But clearing the bar of “preferable to Andrew Cuomo” is not that difficult.

…

This is a new day in politics, and nobody is quite sure how it will shake out.

Kevin D. Williamson, who’s fun to read even when writing of matters of no immediate personal concern.

7

Last Thursday, hundreds of newspapers nationwide simultaneously published editorials attacking Mr. Trump in the guise of promoting a free press. The president regularly accuses news outlets of biased coverage ….

Jason Riley, WSJ (emphasis added).

Trump calls the press “Enemies of the People” and purveyors of “fake news.” His followers curse, flip-off and menace the press. Riley’s bland version is the sort of “nothing to see here; move along now” spin that makes me say the Wall Street Journal, no less than the New York Times, is a bit unhinged.

8

The Orthodox theologian Alexander Schmemann, in his wonderful little book For the Life of the World, defines secularism as the negation of man as a “worshipping being”. He correctly points out that many secularists “believe in God” (heck, as I often tell my students, “even Satan believes in God”), and that they may even have a sense of the spiritual and a semblance of a prayer life. Overt, full-blown, ideological atheism is still a minority position in America. But what makes these believers in God “secular” is their denial of the important of man as “homo adorans”. They deny that the very essence of what it means to be human involves giving “true worship” to God or that such worship constitutes the very perfection of who we are. Liturgy is thus robbed of any divine meaning or significance (for good reason do we call it “the Divine Liturgy”) and it is reduced in stature to a mere ritualized projection of our own subjective “tastes” in matters religious, on an equal footing with my preferences for Bourbon over Scotch, and Quarter Pounders over Big Macs: de gustibus non est disputandum.

…

And the secular ethos cuts across all ideological spectrums in the Church and deep into her soul ….

Larry Chapp in a letter to Rod Dreher. Right about now, I’m feeling pretty good about “homo adorans” in the header of this blog.

* * * * *

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

Greg Coles.

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

Greengrocers, incense and such

This story/parable, of which I learned through Rod Dreher several years ago, remains one of the most powerful and timely (maybe timeless) I know:

Consider, says Havel, the greengrocer living under communism, who puts a sign in his shop window saying, “Workers of the World, Unite!” He does it not because he believes it, necessarily. He simply doesn’t want trouble. And if he doesn’t really believe it, he hides the humiliation of his coercion by telling himself, “What’s wrong with the workers of the world uniting?” Fear allows the official ideology to retain power — and eventually changes the greengrocer’s beliefs.

Those who “live within a lie,” says Havel, collaborate with the system and compromise their full humanity. Every act that contradicts the official ideology is a denial of the system. What if the greengrocer stops putting the sign up in his window? What if he refuses to go along to get along? “His revolt is an attempt to live within the truth” — and it’s going to cost him plenty.

…

Because they are public, the greengrocer’s deeds are inescapably political. He bears witness to the truth of his convictions by being willing to suffer for them. He becomes a threat to the system — but he has preserved his humanity. And that, says Havel, is a far more important accomplishment than whether this party or that politician holds power…

(Rod Dreher, quoting Vaclav Havel) I suggest the possibility of it being “timeless” because I suspect that every society needs some rituals, however informal, to bind its members together. The governors of those societies don’t care what you believe so long as you enact the rituals.

It is this, and more than this, that I’m referring to when I categorize a blog as “Pinch of incense,” for offering the “pinch of incense” imperils not just humanity, but eternity:

And there the chief of the police, Herod, and his father, Nicetas, met [Polycarp] and transferred him to their carriage, and tried to persuade him, as they sat beside him, saying, “What harm is there to say `Lord Caesar,’ and to offer incense and all that sort of thing, and to save yourself?”

At first he did not answer them. But when they persisted, he said, “I am not going to do what you advise me.”

Then when they failed to persuade him, they uttered dire threats and made him get out with such speed that in dismounting from the carriage he bruised his shin. But without turning around, as though nothing had happened, he proceeded swiftly, and was led into the arena, there being such a tumult in the arena that no one could be heard. But as Polycarp was entering the arena, a voice from heaven came to him, saying, “Be strong, Polycarp, and play the man. No one saw the one speaking, but those of our people who were present heard the voice.

[…] But the proconsul was insistent and said: “Take the oath, and I shall release you. Curse Christ.”

Polycarp said: “Eighty-six years I have served him, and he never did me any wrong. How can I blaspheme my King who saved me?”

(The martyrdom of Polycarp, circa 155 A. D.)

Today’s problematic “Workers of the World, Unite!,” today’s pinch of incense, today’s culture-binding rituals, are related to gay pride: pride flags in the window, hosting pride crossfit events and such, baking wedding cakes, observing rules that mandate use of your auditor’s preferred pronouns — you know, trifles like that. (It’s also pledging allegiance to the flag, standing for the national anthem and such — which I’m cussed enough to resist, but which I don’t fault others for observing. )

Jack Phillips of Masterpiece Cakeshop is our Polycarp, Jordan Peterson our dissident greengrocer (and Peterson is expecting secular martyrdom). Both are among my heroes.

If you think I’m making a big deal out of nothing, then I think you’re part of the problem, and need to reflect more carefully on the eventuality — to you and to your countrymen or fellow believers who dissent, and who will have your pusillanimity thrown in their faces.

* * * * *

I also blog short items at Micro.blog.

Some succinct standing advice on recurring themes.

Where I glean stuff.

North of the Border, Up Canada Way

No State really cares what its people believe, so long as they keep it to themselves, and salute the State’s gods on all State occasions. The State’s gods today may be Abortion and Sodomy and Gender Metamorphosis. We might want to laugh at the idiocy of it. But they are gods, State gods, and every citizen must salute, as we see in this form-ticking exercise. Those who refuse must confront the State’s high opinion of itself.

This does not mean you can’t be a Catholic — so long as you keep it in the privacy of your own mind. It is only when you act as a Catholic, that you deliver yourself into the State’s hands.

… So long as we remain meek and obedient, to anything we are required to sign, the Antichrist himself wouldn’t care less what we think. The trouble arises only when we fail to sign, salute, or check the right boxes. That is, from the Antichrist’s point of view, a form of defiance that requires punishment — a punishment that we have brought upon ourselves, as will be condescendingly explained.

…

[M]ost apostatize under pressure, and I think this has always been so …

Pray for their souls, but don’t worry about them, on the practical level: for they will disappear. They have no foundations, no real opinions, and they don’t breed. The generation that follows “nominal Catholics” are not even nominal. The generation after that does not even get born. Over time, only the faithful remain.

Focus on what is within our power, which starts not with “outreach” and “dialogue” but with rebuilding our Church. For she is very weak, and we must make her strong.

(David Warren to the Catholic Civil Rights League of Canada; H/T Rod Dreher)

It is not impossible to defeat the “Twisted Nanny” state, but the precedent is weak:

God bestows such Grace that we could all be martyrs, but in practice we don’t want to receive it. The courage that we don’t have is not something we’re inclined to pray for — and when I say “we” I do not only mean people at the present day. The history of earthly tyranny corresponds to the human search for the path of least resistance. As Alexander Solzhnitsyn used to say, if everyone in Soviet Russia would get up one morning, resolved to speak only the truth, the Communist Party would collapse by noon. Yet through seventy-five years, that never happened.

“Resolved to speak only the truth.” That’s what’s so endearing about Jordan Peterson. Indeed, maybe that’s all that’s endearing about him, but it’s more than enough. Canada needs him. We need him.

And don’t give me any bull about “That’s Canada. It can’t happen here.” It is happening as free exercise of religion is now equated with and vilified as “an excuse for discrimination.”

“It’s a complete absurdity to believe that Christians will suffer a single thing from the expansion of gay rights, and boy, do they deserve what they’re going to get.”

* * * * *

We develop heart and mind in parallel, that the mind will protect us from the wolfs, and the heart will keep us from becoming wolves ourselves. (Attributed to Serbian Patriarch Pavle)

Some succinct standing advice on recurring themes.

Where I glean stuff.