Saturday, 7/16/22

Bankrupt

[Herschel] Walker’s personal flaws have made him an outlier: The Daily Beast last week reported that the former football great fathered several secret children and lied to his campaign staff about it — with the story quoting Walker’s own aides calling the candidate a "serious liability."

Axios (emphasis added).

Pardon me, but when the candidate himself is a "serious liability," what possible assets would suffice to make the campaign solvent?

Proof, I guess, that Campaign Aide is not a job requiring high levels of introspection or even basic love of country.

Axios lists four more states (Pennsylvania, Missouri, Ohio, Arizona) where the GOP nominated such bozos or scandal-magnets that regaining the Senate looks iffy. Imagine that: 5 very winnable Senate seats imperiled by extremist primary voters.

To win today, you should look relatively sane, and in a lot of races, only the Democrats are passing that test. That’s a real shame, because the Democrats are going to do some ugly things if they’re in control of Congress and the White House, and if SCOTUS rules even one of them ultra vires, let alone substantively unconstitutional, the slanders will intensify.

From Friday’s Morning Dispatch

Hate crime

The Department of Justice announced Thursday that a federal grand jury has indicted the man accused of murdering 10 black people in a Buffalo grocery store in May on hate crimes and firearms violations. If convicted, he could face life in prison or the death penalty. “The Justice Department fully recognizes the threat that white supremacist violence poses to the safety of the American people and American democracy,” Attorney General Merrick Garland said in a statement. The supermarket is set to reopen today.

If ever a crime was a "hate crime," it was this one. But after 30 or more years of intermittent reflection, I’m still not convinced that hate crime laws are an improvement in criminal justice.

A pox on both houses

Texas Attorney General Ken Paxton on Thursday sued to block enforcement of the Biden administration’s recent guidance telling health providers that life- or health-saving abortions are protected by the Emergency Medical Treatment and Active Labor Act, regardless of state abortion restrictions. The lawsuit alleges the guidance “flagrantly disregard[s] the legislative and democratic process,” and seeks to “transform every emergency room in the country into a walk-in abortion clinic.”

Ken Paxton is a cowboy, with very plausible allegations of corruption against him (See Timeline: 6 times Texas AG Ken Paxton faced allegations of malfeasance and pending criminal charges.

On abortion, Joe Biden has become a cowboy, who cares less about constitutional limits than about virtue-signaling. (He’s also more corrupt than I realized in the 2020 election, though I still didn’t vote for him — I threw my vote away for principles I care about, not for the lesser evil who inevitably was going to lose to the greater evil in my state).

So I’m glad Paxton is challenging some of Biden’s moves. I wish his Solicitor General well, while wishing total disgrace for him personally. (And I don’t predict 100% success for Texas.)

Internet delight

The internet can be a pretty mean and nasty place, but it still has the ability to delight you every once in a while. Enter the Northwoods Baseball Radio Network, a podcast feed produced by a mysterious “Mr. King” that features nothing other than two-hour-long fictional baseball broadcasts designed to help insomniacs get to sleep. “No yelling, no loud commercials, no weird volume spikes,” the tagline reads. “Fans call it ‘baseball radio ASMR.’” Katy Waldman was entranced. “Time—how it’s apportioned, and the inner experience of it—seems to be the show’s main character. The series could be a sendup of Americana, the aesthetic’s essential boringness, or a love note to memory, with the hazy, preserved glow of a scene unburied from childhood,” she writes in The New Yorker. “The show’s best feature remains the pure sonic contentment it delivers. Real or fantastical, baseball commentary unfolds as metered poetry: ‘IN there for a called STRIKE,’ goes the rising question. ‘It’s OH and ONE,’ goes the falling answer.”

Lost, Not Stolen

Eight prominent conservatives released a report on Thursday examining “every claim of fraud and miscount put forward by former President Trump and his advocates” following the 2020 presidential election and reached an “unequivocal” conclusion: “Joe Biden was the choice of a majority of the Electors, who themselves were the choice of the majority of voters in their states.”

“The idea is that it’s written by conservatives, for conservatives,” Griffith said. “We recognize the people who are watching [Morning Joe and CNN] are probably not the people we’re primarily interested in. I mean, we’re happy to tell our message to anyone, but it’s really the folks who are conservatives who think the election was stolen.”

In the report’s executive summary, the eight men take pains to emphasize their conservative bona fides. “Every member of this informal group has worked in Republican politics, been appointed to office by Republicans, or is otherwise associated with the Party,” they write. “None have shifted loyalties to the Democratic Party, and none bear any ill will toward Trump and especially not toward his sincere supporters.”

Price St. Clair, A 2020 Election Report ‘By Conservatives, For Conservatives’.

My only concern about these high-level investigators is why they don’t "none bear any ill will toward Trump" after he lied, denied his own Justice Department’s conclusions, and precipitated a constitutional crisis to try to steal the election.

Temporary truce

I’m declaring a 15-minute pause in my bitter Jihad against Sen. Josh Hawley (who seemed like the real deal until he decided the future was populist, not conservative):

Meanwhile, high profile pro-choice advocates remain unconvincing. If you haven’t seen it, here’s the viral video of UC Berkeley School of Law professor Khiara Bridges sparring with Senator Josh Hawley. She insisted on using the phrase “people with the capacity for pregnancy,” rather than the verboten word women. When Hawley said, well then, “this isn’t really a women’s rights issue,” the Berkeley professor balked.

Nellie Bowles

Actually, Hawley’s point was cute, but deflected without hesitation, so it wasn’t any kind of mike-drop moment. Speaking presumptuously for the normie community, I’d say Hawley won handily. The whole relevant exchange, via Conor Friedersdorf:

Senator Hawley: Professor Bridges, you said several times––you’ve used a phrase, I want to make sure I understand what you mean by it. You’ve referred to “people with a capacity for pregnancy.” Would that be women?

Professor Bridges: Many women, cis women, have the capacity for pregnancy. Many cis women do not have the capacity for pregnancy. There are also trans men who are capable of pregnancy, as well as nonbinary people who are capable of pregnancy.

Hawley: So this isn’t really a women’s-rights issue, it’s a––

Bridges: We can recognize that this impacts women while also recognizing that it impacts other groups. Those things are not mutually exclusive, Senator Hawley.

Hawley: Alright, so your view is that the core of this right, then, is about what?

Bridges: So, um, I want to recognize that your line of questioning is transphobic and it opens up trans people to violence by not recognizing them.

Hawley: Wow, you’re saying that I’m opening up people to violence by asking whether or not women are the folks who can have pregnancies?

Bridges: So I want to note that one out of five transgender persons have attempted sucide, so I think it’s important––

Hawley: Because of my line of questioning? So we can’t talk about it?

Bridges: Because denying that trans people exist and pretending not to know that they exist––

Hawley: I’m denying that trans people exist by asking you––

Bridges: Are you? Are you?

Hawley: ––if you’re talking about women having pregnancies?

Bridges: Do you believe that men can get pregnant?

Hawley: No, I don’t think men can get pregnant.

Bridges: So you’re denying that trans people exist!

Hawley: And that leads to violence? Is this how you run your classroom? Are students allowed to question you or are they also treated like this, where they’re told that they’re opening up people to violence––

Bridges: We have a good time in my class. You should join. You might learn a lot.

Hawley: I would learn a lot. I’ve learned a lot just in this exchange. Extraordinary.

(Pro-tip to the "men can get pregnant" set: if only you would phrase it as "trans men," I might play along. Lose the "trans men are men and trans women are women" dogma if you want any normie support whatever.)

Against aspiration

Wow!:

Let me try to illustrate what I mean. At one point, I was a commuter. It didn’t last, but I did find watching other rush-hour drivers fascinating. Like a rubbish modern version of a nineteenth century naturalist, I used to classify them based on observable features. One particular type of driver usually drove a German luxury car. They would drive fast and close, exhibit visible frustration if the car in front of them had a large gap in front of it; and would shift lanes frequently, jostling for position among the other commuters. …

I came to see their behaviour as reflecting a deep[] confusion. My theory is that they were not emotionally differentiating between getting to work faster and going faster than the people around them. In other words, they failed to distinguish between their longer-term goals and interpersonal competition, even when the interpersonal competition was more or less fruitless. In this, they helped me to understand another group that had puzzled me: the British upper-middle classes, who seemed to me to be similarly focused on markers of interpersonal status that were completely divorced from their own overall flourishing, even in contexts where they had a negligible degree of control over the outcome.

… Its measures are intrapersonal: how well the person is doing on a scale against the rest of society, not how well they are flourishing as an organic being.

… I am not arguing for better aspirations here. I am arguing against aspiration.

This might seem harsh, but that is because the language of aspiration has debased our political language. I am not arguing against individual success. I am arguing that a society whose only measure of success is doing better than other people has no true concept of success at all. …

I have no aspiration for Yorkshire because Yorkshire is older, bigger, and better than the language of aspiration and than our entire degenerate post-war political class. I have no aspiration for Yorkshire because I have hope for it, and hope is a different kind of thing. I do not want Yorkshire to do well in the race to the bottom that now passes for civilisation. I want Yorkshire to survive it.

Leaving behind aspiration – by FFatalism

The Machine speaks

‘The body is mine and the soul is mine’
says the machine. ‘I am at the dark source
where the good is indistinguishable
from evil. I fill my tanks up
and there is war. I empty them
and there is not peace. I am the sound,
not of the world breathing, but
of the catch rather in the world’s breath.’

Is there a contraceptive
for the machine, that we may enjoy
intercourse with it without being overrun
by vocabulary? We go up
into the temple of ourselves
and give thanks that we are not
as the machine is. But it waits
for us outside, knowing that when
we emerge it is into the noise
of its hand beating on the breast’s
iron as Pharisaically as ourselves.

R.S. Thomas, Collected Later Poems


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.


	

Monday, 7/11/22

Culture, here and there

Universalism to the West, imperialism to the rest

Alone among civilizations the West has had a major and at times devastating impact on every other civilization. The relation between the power and culture of the West and the power and cultures of other civilizations is, as a result, the most pervasive characteristic of the world of civilizations. As the relative power of other civilizations increases, the appeal of Western culture fades and non-Western peoples have increasing confidence in and commitment to their indigenous cultures. The central problem in the relations between the West and the rest is, consequently, the discordance between the West’s—particularly America’s—efforts to promote a universal Western culture and its declining ability to do so. The collapse of communism exacerbated this discordance by reinforcing in the West the view that its ideology of democratic liberalism had triumphed globally and hence was universally valid. The West, and especially the United States, which has always been a missionary nation, believe that the non-Western peoples should commit themselves to the Western values of democracy, free markets, limited government, human rights, individualism, the rule of law, and should embody these values in their institutions. Minorities in other civilizations embrace and promote these values, but the dominant attitudes toward them in non-Western cultures range from widespread skepticism to intense opposition. What is universalism to the West is imperialism to the rest.

Samuel Huntington, The Clash of Civilizations (Kindle page 183)

Transnational capital and the progressive Left

This bears, and rewards, close reading:

Why would transnational capital be parrotting slogans drawn from a leftist framework which claims to be anti-capitalist? Why would the middle classes be further to the ‘left’ than the workers? If the left was what it claims to be – a bottom-up movement for popular justice – this would not be the case. If capitalism was what it is assumed to be – a rapacious, non-ideological engine of profit-maximisation – then this would not be the case either.

But what if both of them were something else? What if the ideology of the corporate world and the ideology of the ‘progressive’ left had not forged an inexplicable marriage of convenience, but had grown all along from the same rootstock? What if the left and global capitalism are, at base, the same thing: engines for destroying customary ways of living and replacing them with the new world of the Machine?

The post-modern left which has seized the heights of so much of Western culture is not some radical threat to the establishment: it is the establishment. Progressive leftism is market liberalism by other means. It enables the spread and growth of Machine society by launching an all-out war on any cultural norms that remain to us in the 2020s: norms which act as a brake on the spread of Machine values. The left and corporate capitalism now function like a pincer: one attacks the culture, deconstructing everything from history to ‘heteronormativity’ to national identities; the other moves in to monetise the resulting fragments.

Paul Kingsnorth, available at his Substack and now at Unherd (excerpted by Alan Jacobs).

Miscellany

Thinking outside a 50-year-old box

[T]he modern American anti-abortion movement that emerged by the late 1980s was an ecumenical joint with an evangelical id and a [narrow] sense of what it meant to be “pro-life.” In place of a broad societal vision, it had a highly specific legal goal: regulating the practice of abortion … Organizing, funding, and political activity all centered on this singular effort. Everything else was noise.

Thus, though American pro-life activists have had decades and plenty of encouragement to tackle the privations—poverty, poor housing options, and limited access to child care—that seem to precipitate many abortions, their attention has instead remained obdurately trained on regulating the practice of abortion itself …

Nevertheless, the triumphant post-Dobbs press releases had to say something, and most of them gestured at precisely the kind of legislation that the anti-abortion movement has adamantly ignored for the past 50 years …

A better tack: Rather than tee up an exhausting, decades-long legal battle over whether crisis pregnancy centers (the modern anti-abortion movement’s preferred delivery method for services, money, and goods for women in need) ought to receive state funds and under what conditions, agree that pregnancy, childbirth, and postpartum care should all be free, and demand that the federal government make it so.

This would require veteran pro-lifers to take on a trifecta of onerous tasks: moving on from a narrow fixation on regulating the practice of abortion itself; taking up welfare as a cause just as worthy of political agitation as abortion; and overcoming a veritable addiction to liberal tears, indisputably the highest goal of American politics at this point in time, and which militates against human flourishing in every case. It’s time the pro-life movement chose life.

Elizabeth Bruenig.

I kinda like it.

Truth will out

In 1973, David Attenborough presented a BBC documentary that included an interview with one of the leading modern synthesists, Theodosius Dobzhansky. He was visibly distraught at the “non-Darwinian evolution” that some scientists were now proposing. “If this were so, evolution would have hardly any meaning, and would not be going anywhere in particular,” he said. “This is not simply a quibble among specialists. To a man looking for the meaning of his existence, evolution by natural selection makes sense.” Where once Christians had complained that Darwin’s theory made life meaningless, now Darwinists levelled the same complaint at scientists who contradicted Darwin.

Stephen Buranyi, Do we need a new theory of evolution? (emphasis added).

I’ve paid so little attention to supposed faith/science controversies in the last decade or more that this story kind of blindsided me. Suffice that any need for an Extended Evolutionary Synthesis is not an argument for young-earth creationism.

Meanwhile, the slip of the tongue — that natural selection fills an existential need for meaning in the lives of some scientists — was interesting and blindsided me only by its candor.

GID

I learned many women, especially lesbians, have experienced periods of wanting to be men in intense and visceral ways, ways that met the diagnostic criteria for GID or gender dysphoria, but were eventually really glad that they had instead made peace with themselves as one type or another of unconventional women.

I am grateful for the perspective transition has given me on how the medical-industrial complex fails women and girls in pain.

I understand why someone would feel transition saved their life. Do others understand that transition can also do profound harm?”

From Ryan T. Anderson, ‌When Harry Became Sally, Kindle pages 1203-31.

Saying such things today qualifies as "transphobia" and will get your book censored by our corporate overlords at Amazon. (See above on "Transnational capital" and Anthony Esolen, below.)

Politics

Envying the Brits

For an American liberal … the schadenfreude brought by [Boris] Johnson’s collapse is mixed with envy. We are watching a still-functioning democracy dispatch its bombastic populist leader because his amorality and narcissistic dishonesty were simply too much … Mired as I am in the demoralizing squalor of American politics, I’m jealous of the relative quaintness of the scandal that finally brought Johnson down: lying about someone else’s sexual misconduct! … Imagine having final straws!

Michelle Goldberg, The Delightful Implosion of Boris Johnson

Thinking outside the duopoly

I was reading in the New York Times this morning that the Democrats are looking at the four major planks of their new policy to see if they are going to have to take anything out when it comes to family benefits. They were looking at the child tax credit, paid medical leave, universal pre-K, and—I can’t remember the fourth one. All of the people they polled said, “Hey, we think universal pre-K is best.” And here I’m thinking, well, it doesn’t surprise me that the state thinks that’s the best way to handle the situation, because at the end of day, they want to directly control what the family looks like. They specifically say, we want everyone to be in the workforce.

I’m all for women working in the workforce. But if the family is the basic structure of society and of economic policy, then we want to be creating policy for the benefit of the family. Does the family benefit by us putting three-year-olds in school all day long and paying for it so mom can go out and work? That’s problematic because it doesn’t respect the nature of the family—not, as many people have said, like the child credit, which gives the family the opportunity to do what they think is best for their family with the funds they get. That might be daycare so mom can work. It might be so that mom or dad can stay home and be with the family.

Neither side respects the family. On the right, they only respect the corporation, and on the left, they only respect the state. And they’ll do whatever they can to squeeze the benefits out of us until there’s nothing left.

Alan Mickle, of the American Solidarity Party, which I’m pleased to learn is (at least by some measures) America’s fastest-growing third party.

Great Replacement Theory 101

The right wing version is that immigrants, especially immigrants of color, outbreed people who were born in the country, so that descendants of the former will “replace” descendants of the latter. This is supposed to be bad.

The left wing version is that immigrants, especially immigrants of color, trend more to the left than people who were born in the country, so that leftists will “replace” conservatives. This is supposed to be good.

Both versions of the theory are nuts.

As to the former version: If the country becomes browner in a few generations, so be it. People who are too selfish to have children deserve to be “replaced” by people who love them.

As to the latter version: Immigrants who are acquainted with the politics of the country are often quite conservative; they don’t want to lose what they’ve worked and suffered to attain. So if left-wingers think immigration will lead to the “replacement” of conservatives by liberals, they may have it backwards.

J Budziszewski

The fallacy of Boromir

When people justify their voting choice by its outcome, I always think of The Lord of the Rings. Tolkien emphasizes repeatedly that we cannot make decisions based on the hoped-for result. We can only control the means. If we validate our choice of voting for someone that may not be a good person in the hopes that he or she will use his power to our advantage, we succumb to the fallacy of Boromir, who assumed he too would use the Ring of Power for good. Power cannot be controlled; it enslaves you. To act freely is to acknowledge your limits, to see the journey as a long road that includes dozens of future elections, and to fight against the temptation for power.

Jessica Hooten Wilson, What ‘The Lord of the Rings’ can teach us about U.S. politics, Christianity and power.


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.

Independence Day 2022

I have no flag-waving enthusiasm for you, but nothing too dark, either.

Trying to post daily isn’t a habit that comes easily. I’m dropping this one Monday morning, whereas my intent is to put a bow on my posts the prior evening.

Politics

From the Department of I Wish I’d Written That

I’ve been thinking about the weird intense hatred many conservatives feel for people like David French and Liz Cheney — for anyone they think isn’t “fighting.” Here’s my conclusion: The conservative movement has too many sheepdogs and not enough shepherds.

Sheepdogs do two things: they snap at members of the herd whom they believe to be straying from their proper place, and they bark viciously at wolves and other intruders. Sheepdogs are good at identifying potential predators and scaring them off with noisy aggression. (Often they suspect innocent passers-by of being wolves, but that just comes with the job description. Better to err on the side of caution, etc.)

What sheepdogs are useless at is caring for the sheep. They can’t feed the sheep, or inspect them for injury or illness, or give them medicine. All they can do is bark when they see someone who might be a predator. And that’s fine, except for this: the sheepdogs of the conservative movement think that everyone who is not a sheepdog – everyone who is not angrily barking — is a wolf. So they try to frighten away even the faithful shepherds. If they succeed, eventually the whole herd will die, from starvation or disease. And as that happens, the sheepdogs won’t even notice. They will stand there with their backs to the dying herd and bark their fool heads off.

Alan Jacobs

When abortion wasn’t a partisan issue

Abortion was not always a partisan issue:

Both before and immediately after the Roe v. Wade decision, many prominent Republicans, such as First Lady Betty Ford and New York Gov. and later Vice President Nelson Rockefeller, supported abortion rights.

At the same time, some liberal Democrats spoke out against abortion rights, including Sen. Edward M. Kennedy, vice presidential candidate Sargent Shriver and his wife Eunice Kennedy Shriver, as well as civil rights activist Jesse Jackson.

The anti-abortion movement was strongest in the heavily Catholic, reliably Democratic states of the Northeast, and its supporters believed that their campaign for the rights of the unborn accorded well with the liberal principles of the Democratic Party.

By the time the Supreme Court reversed Roe, the anti-abortion movement had become so thoroughly allied with conservative Republican politics that it was difficult to imagine a time when liberal Democrats who supported an expanded welfare state were leaders in the movement.

Daniel K. Williams, Before Roe, anti-abortion activism included liberals inspired by Catholic social teaching. In that ellipsis lies some interesting stuff, so read the whole thing.

It always puzzled me that abortion had become so partisan an issue. And gradually, it horrified me that abortion opponents felt obligated to vote for the creepiest, most implausible Republicans as long as they said they’d work to overturn Roe. Some of them plainly had not internalized the meaning of "pro-life."

I suppose there was an analogous process on the side of abortion supporters. Lord knows, the Democrats have some creepy people in high places.

We’ll see how, or whether, Dobbs changes that. The liberal Democrats who oppose abortion and haven’t died off should find the American Solidarity Party most congenial.

Jonah discerns a bit of hypocrisy

Definitions vary, but I think we can all agree that giving voters and their representatives power to make decisions is part of any serious understanding of democracy. I know that totalitarian and authoritarian countries like to call themselves democracies too. But such claims are what you might call “deceptive advertising” or “false branding” or “lies.”

As the English setter said when making a big fuss about a quail, here’s what I’m getting at: A lot of people described the Dobbs decision overturning Roe v. Wade as a blow to “our democracy.”

But let’s move on.

Nach maga, kommen wir.

There’s one area where I agree with Democrats about the threat to “our democracy.” All of the hardcore MAGA candidates championing the stolen election lie are a real threat to democracy. I may not agree with progressives about the scope or scale of the threat (I suspect our democracy can survive the election of a bunch of Trumpian Mini-Mes). But that, too, is beside the point. You don’t have to buy the argument that these bozos, grifters, useful idiots, and poltroons pose an existential threat to democracy to still think they pose a serious threat.

More importantly, I’m not the one saying they pose an existential threat. Last November, leaders of 58 of the most influential progressive groups wrote an open letter to Congress saying that, “Our democracy faces an existential threat—the very real possibility that the outcome of an election could be ignored and the will of the people overturned by hyperpartisan actors.”

So what have Democrats—who often echo this rhetoric—done to thwart these hyperpartisan democracy assassins?

Fund them to the hilt!

Jonah Goldberg, Democrats Have a Funny Way of Expressing Concern About ‘Our Democracy’

Legalia – Waffling on Coach Kennedy

As I’ve said, I’m not all that impressed by Coach Kennedy, the 50-yardline-post-game-prayer guy who won in the Supreme Court last week. In fact, I would have been okay with it if he had lost on the theory that his prayers, in the total context of his history of post-game prayers, was excessively (if subtly) coercive (which is more or less what the dissent argues).

Now, Prof. Josh Blackman (No Offense, But It’s Just A Prayer) has given me second thoughts about whether there ought to be any cause of action for "coercion" so subjective as the facts here shown.

Naturally, Mr. Kennedy’s proposal to pray quietly by himself on the field would have meant some people would have seen his religious exercise. Those close at hand might have heard him too. But learning how to tolerate speech or prayer of all kinds is "part of learning how to live in a pluralistic society," a trait of character essential to "a tolerant citizenry." Lee. This Court has long recognized as well that "secondary school students are mature enough … to understand that a school does not endorse," let alone coerce them to participate in, "speech that it merely permits on a nondiscriminatory basis." Mergens. Of course, some will take offense to certain forms of speech or prayer they are sure to encounter in a society where those activities enjoy such robust constitutional protection. But "[o]ffense … does not equate to coercion." Town of Greece.

Justice Gorsuch in Kennedy v. Bremerton (emphasis added).

Sometimes, I just need a good whack up side-o-the-head.

(I am not friendly, by the way, to what I take to be the Coach’s version of Christianity; that is almost invariably true of religious freedom cases in the U.S. because the U.S. has, in Ross Douthat’s words, so much Bad Religion. So don’t give me the "How’d ya like it if he was praying a Muslim prayer, huh?!" bit.)

Miscellany

Funning

I was told some decades back that the word "fun" has no real equivalent in other languages/cultures. That possibility was so much fun that I didn’t risk spoiling it by checking out the claim.

I also couldn’t define "fun." Now, at the end of his guest post The Holy Anarchy of Fun at Bari Weiss’s Common Sense, Walter Kirn gives it a shot:

Fun is abandonment. “Don’t think. Do.” It’s a form of forgetting, of looseness and imbalance, which is why it can’t be planned and why it threatens those who plan things for us. Fun is minor chaos enjoyed in safety and most genuine when it comes as a surprise, when water from hidden nozzles hits your face or when the class hamster, that poor imprisoned creature, has finally had enough and flees its cage.

I can’t say I find Kirn’s elliptical definition anything better than evocative, but now that he puts fun under my nose again, I find that feel less censorious toward it than I once did.

We spend too much time in the left hemisphere, "murdering to dissect" as Wordsworth put it. "Fun" could be at least a waystation on the way to

… a heart
That watches and receives.

Eine Kleine Structural Racism

Here is an example, not necessarily huge, of "structural racism": Brian Sawers, What Lies Behind That ‘No Trespass’ Sign – The Atlantic. It’s also an interesting historical story even apart from its ongoing effects. Suffice that keeping freed slaves in a deeply subordinate position was a substantial part of the motivation for closing formerly open lands.

For a few years in my childhood, my Dad owned maybe ten acres of country land, mostly woods. The idea was we’d build a custom home there some day. Dad posted "No Trespassing" signs, which found themselves peppered full of 22 caliber bullet holes. We even caught a squirrel hunter in flagrante delicto one time. It never occurred to me until now that maybe Dad shouldn’t have posted those signs, but should have expected hunters to visit, which really did him no harm. (This was an era where a landowner wouldn’t get sued if someone invited himself in a got hurt accidentlally.)

I don’t suppose there’s be a lot of people opting for a subsistence diet of squirrels, rabbits and more exotic critters, hunted on open lands, so I don’t know how lingering is the oppressive effect of these laws. But suffice that lands were legally open, and trespassing wasn’t a thing, until slaves got legally emancipated.

Both sides

There are some really crazy ideas out there, and not just on the QAnon Right:

Someday I will do this long-form and with a lot of sources and such, but I’m writing at the moment out of considerable annoyance. In short, I am so sick and tired of being told by leftists that our mental illness problems (my mental illness problem) are the fault of capitalism, or perhaps some such vague and useless thing as “the system.” Sometimes they say this specifically about suicide as well. I would like to ask compassionate people to stop doing this, and I have the following questions and complaints.

Freddie deBoer, My Brief Brief Against "Mental Illness is Just Capitalism, Man, the System".

Because what Freddie is responding to seems so outlandish to me, I’ll leave you with that teaser and link rather than quote more.

On B1G "stealing" USC and UCLA

College sports are so shameless that when anyone else does anything shameless in the world, they have to pay college sports a sizable royalty.

Jason Gay, My Big Ten Welcome to…USC and UCLA.

I talked to a sports fanatic at Church coffee hour yesterday. This move portends a lot more than I realized.


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.

Tuesday, 6/28/22

Still more on Dobbs

As I know the lay of the land uncommonly well, I am trying to say some genuinely useful things, that are not being said very commonly, on the reversal of Roe and Casey. I’m also trying to avoid worsening tensions. I even exited social media for a few days (maybe more than necessary — I’ve been peeking) when a discussion started getting unproductively heated.

Face-saving failure

Confirmation hearing vignettes:

Here’s Justice Gorsuch: “Roe v. Wade, decided in 1973, is a precedent of the U.S. Supreme Court. It has been reaffirmed. . . . So a good judge will consider it as precedent of the U.S. Supreme Court worthy as treatment of precedent like any other.”

He added that “If I were to start telling you which are my favorite precedents or which are my least favorite precedents, or if I viewed precedent in that fashion, I would be tipping my hand and suggesting to litigants that I have already made up my mind about their cases.”

And here’s Justice Kavanaugh: “Roe v. Wade is an important precedent of the Supreme Court. It has been reaffirmed many times. It was reaffirmed in Planned Parenthood v. Casey in 1992. . . . So that precedent on precedent is quite important as you think about stare decisis in this context.” He made no specific pledge about either case that we have seen. Justice Amy Coney Barrett expressly rejected the idea that Roe was a super precedent.

Wall Street Journal Editorial Board, which also explains why a nominee cannot pledge to uphold a precedent or to strike it down:

Sens. Susan Collins and Joe Manchin said Friday they feel Justices Brett Kavanaugh and Neil Gorsuch deceived them on the precedent point in testimony and in their private meetings with the Justices. We weren’t in those meetings, but we’d be stunned if either Justice came close to making a pledge about Roe.

The reason is that the first rule of judging is that you can’t pre-judge a case. Judges are limited under Article III of the Constitution to hearing cases and controversies, and that means ruling on facts and law that are specific to those cases.

No judge can know what those facts might be in advance of a case, and judges owe it to the parties to consider those facts impartially. A judge who can’t be impartial, or who has already reached a conclusion or has a bias about a case, is obliged to recuse himself. This is judicial ethics 101.

An authority on this point is no less than the late progressive Justice Ruth Bader Ginsburg, as she explained in 1993. “It would be wrong for me to say or preview in this legislative chamber how I would cast my vote on questions the Supreme Court may be called upon to decide,” she said. “A judge sworn to decide impartially can offer no forecasts, no hints, for that would show not only disregard for the specifics of the particular case, it would display disdain for the entire judicial process.”

Frankly, no nominee should ever pledge their vote on any issue at confirmation hearings. That alone would be a disqualifier. Any Senator worth his or her seat should understand that, and since I respect them as senateworthy, I suggest that both Collins and Manchin do understand it. Their face-saving isn’t convincing.

Now flooding the zone shamelessly

As I scan the New York Times Opinion page since Friday morning, it’s apparent that "flooding the zone with sh*t" is not a MAGAworld exclusive.

Do not trust the Grey Lady for reliable interpretation of Dobbs overruling Roe or for prognostications about what a supposedly agenda-driven court is going to do next. (Exception: Ross Douthat wrote one of the wisest things I’ve read in the aftermath, and they did publish it.)

Is the court going to ban contraception? Ban sodomy? Ban same-sex marriage? Overrule the precedents that dogmatized rights to each into existence?

Just remember: courts decide cases. They don’t go out and make mischief on their own. So how would SCOTUS even get a chance to rescind these other "unenumerated rights"?

Damon Linker (After Roe: The Reversals to Come), who I respect enough to read when it’s obvious we disagree, imputes a nefarious agenda to the court but skips any suggestion of how it would get the opportunity to realize that agenda.

I can think of no obvious way other than some jurisdiction banning contraception, sodomy or same-sex marriage, resulting in a fresh round of litigation.

What do you think of the life expectancy of a legislator, even in Texas, who proposed to outlaw contraception? Outlawing sodomy would be a hard sell in 2021 even in red states. I could imagine a performative bill to define marriage as sexually binary, but have trouble imagining it getting very far.

If it did, the lower Federal courts would almost certainly strike such a law down under Griswold, Lawrence or Obergefell. Then SCOTUS could just decline to grant certiorari.

If it granted "cert," the stare decisis analysis on those precedents would include factoring in some very, very concrete reliance on Obergefell in the SSM context.

I’m no prophet, and I’m not close enough to the political poles to be incapably of suffering rude surprises, but I just don’t see those other precedents falling until there’s I’m long in the grave and there have been some major wake-up calls from realities we’ve had on call-blocking for a while.

Heartening

After weeks of incendiary rhetoric, attacks on crisis pregnancy centers, and a foiled attempt on Justice Brett Kavanaugh’s life, Planned Parenthood and other pro-abortion groups formally disavowed violence in the name of their cause. Those who use “destruction and violence” do not speak for them or the movement, the groups said in a statement.

TMD

On a related note, one of my favorite Substackers, Freddie deBoer, scared me by opening that it’s time for the Left to engage in extralegal resistance. Fortunately, it turned out that he meant things like helping abortion-minded women get to states where abortion is legal, or even to help them find clandestine abortions in their own states.

I don’t even think the former could be criminalized; the latter, perhaps.

Victor Rosenblum

As I was writing yesterday that I wish Nat Henthoff had lived to see Friday’s Dobbs decision, I was wracking my brain for the name of his "country cousin" (also a prolife liberal Jewish Democrat) at Northwestern University Law School. I finally gave up. Of course, it finally came to me this morning. So: I also wish Victor Rosenblum had lived to see this day.

Advice for the despondent

After stylishly signaling his pro-choice virtue, Garrison Keillor shows some sympathy for the 6 justices who are now pariahs, and then turns to some good advice for his own tribe:

Meanwhile, remind yourself that other people have thrived under wretched governors so don’t be discouraged. The Duke of Saxe-Weimar threw Bach in jail for daring to think he had individual rights. Dante was sent into exile and he wrote the Inferno so he could put the politician Argenti into the Fifth Circle of Hell. Dostoevsky joined a liberal study group for which, in 1849, he was thrown into prison and sentenced to death by firing squad, and was third in line to be executed when a pardon arrived. He lit out for Paris, London, Berlin, and figured out how to survive, writing Crime and Punishment in serial installments for magazines, avoiding politics. While cruelty is in power, do what Mozart did. Exercise your gifts. Create beautiful things. Wolfgang stayed clear of emperors and did his work and he lives on today and the emperors are just moldy names on marble slabs covered with pigeon droppings. If you can’t write The Marriage of Figaro, write your own marriage and make it a work of art.

That’s kind of what I’ve been trying to do, in my very limited way, for more than a decade. I like to think of myself as that proverbial butterfly in the Amazon, very subtly changing the weather in Indiana.

Not Dobbs

Still flooding the zone

The Donald reads conservatives out of MAGAworld

Bozos on the bus

What we need as a nation, more than anything else I can think of, is a recommitment to basic competence, and, especially, a refusal to accept ideological justifications for plain old ineptitude. Too often Americans give a free pass to bunglers and bozos who belong to their tribe.

Alan Jacobs, I think we’re all bozos on this bus – Snakes and Ladders

Inauguration Day 2017 in a Nutshell

Speaking of clowns:

When a clown moves into a palace, he doesn’t become a king. The palace becomes a circus.

Turkish Proverb (reportedly)

A little levity

I probably have given too short shrift to the January 6 Committee hearings because … well, I didn’t think anything they said would change my life or my vote. But I sure got a chuckle out of this:

H/T Yassine Meskhout


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.

At last, after 49 years …

Dobbs

The case and my feelings

After some 40 years as consciously pro-life, most of those years being actively pro-life as well, I feel a strange let-down and foreboding:

  • Dobbs means pro-abortion terrorism for a while;
  • Dobbs means prolonged political debate in many of the 50 states, some of which will swerve performatively too far left or right;
  • Dobbs is messier procedurally than I remembered; and
  • I have friends who are beside themselves with grief and rage (I hope they appreciate that I was constitutionally outraged by Roe for 40 years).
  • UPDATE: Of course! Duh! The leak made this anticlimactic all by itself! (H/T Advisory Opinions podcast)

Yes, I’m satisfied with the outcome: Roe was wrongly decided, and Casey may have been even worse. It’s important for the structural integrity of our constitutional system that political issues not be hijacked by the courts under constitutional pretexts.

On what becomes of birth control, inter-racial marriage, same-sex marriage, anti-sodomy laws, and any remaining liberal groin pieties, I suggest that the most important observation in Alito’s opinion is this:

… even putting aside that these cases are distinguishable, there is a further point that the dissent ignores: Each precedent is subject to its own stare decisis analysis, and the factors that our doctrine instructs us to consider like reliance and workability are different for these cases than for our abortion jurisprudence.

(Opinion at 71-72)

Homework: using the factors for upholding or overruling precedent outlined by Alito, do your own stare decisis analysis on each. I’ll get you started: not one of the four is deeply rooted in our history and traditions, but that’s only the beginning of the analysis. From there, it gets more interesting.

Night of Rage

In a recent video essay, my friend James Wood has suggested that in this day and age, thinking Christians should work to recover a theology of the demonic. I don’t assume this suggestion will be equally meaningful to all my readers. But I submit that you can’t contemplate what drives men to organize a “Night of Rage” against Christian charities whose sole purpose is aiding pregnant women, and not wonder if there is a dark something or other lurking back of it all.

Bethel McGrew, Morning in America. I quote it because I was thinking exactly the same thing. There is no logic to vandalizing or even firebombing pro-life pregnancy centers unless the motivation is consciously pro-abortion, not pro-choice, or else one is demonically confused.

Other Legalia

Principled

We could not abandon ongoing representations just because a client’s position is unpopular in some circles.

Former Solicitor General Paul Clement on leaving Chicago’s Kirkland & Ellis when they decided to abandon second amendment litigation. He is forming his own firm with another Kirkland partner.

Best wishes. Even though I’m at best lukewarm about guns, this stand is principled, and nobody’s going to have to pass the hat so Paul Clement can pay for his lunch.

Correct facts, dubious conclusion

One of the reasons I think the Supreme Court got it right in Carson v. Makin is the poor quality of the dissents. Justice Sotomayor actually invoked the "wall of separation," an extraconstitutional metaphor that probably has never actually fit our nation’s polity (starting with the little-known fact that we had state-established churches into the 1830s).

But an odder one is Justice Breyer’s:

This potential for religious strife is still with us. We are today a Nation with well over 100 different religious groups, from Free Will Baptist to African Methodist, Buddhist to Humanist. See Pew Research Center, America’s Changing Religious Landscape 21 (May 12, 2015). People in our country adhere to a vast array of beliefs, ideals, and philosophies. And with greater religious diversity comes greater risk of religiously based strife, conflict, and social division. The Religion Clauses were written in part to help avoid that disunion. As Thomas Jefferson, one of the leading drafters and proponents of those Clauses, wrote, “ ‘to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical.’ ” Everson, 330 U. S., at 13. And as James Madison, another drafter and proponent, said, compelled taxpayer sponsorship of religion “is itself a signal of persecution,” which “will destroy that moderation and harmony which the forbearance of our laws to intermeddle with Religion, has produced amongst its several sects.” Id., at 68–69 (appendix to dissenting opinion of Rutledge, J.). To interpret the Clauses with these concerns in mind may help to further their original purpose of avoiding religious-based division.

Is there any evidence whatever that increased religious diversity leads to greater strife? Doesn’t Western history’s putatively religious strife generally involve Protestants versus Catholics in a society where almost everyone was one or the other? Doesn’t our present reality belie Breyer’s logic, i.e., doesn’t our lack of strife despite "well over 100 different religious groups" tend all by itself to disprove Breyer’s prophecy?

Let’s end the end-runs now

Anticipating this week’s school funding decision, Maine lawmakers enacted a crucial amendment to the state’s anti-discrimination law last year in order to counteract the expected ruling. The revised law forbids discrimination based on gender identity and sexual orientation, and it applies to every private school that chooses to accept public funds, without regard to religious affiliation.

Aaron Tang in the New York Times

It would be interesting to learn whether the debate over S.P. 544 (the Bill in question) included any invidiously discriminatory snark about religion.

But the legislature avoided one other potential infirmity.

Previously, Maine law allowed sexual discrimination in education (some of the private schools receiving aid while religious schools did not were either all-male or all-female) while forbidding sexual orientation discrimination (with an exception for religious schools). That seems exceedingly odd, as bans on sexual discrimination are generally older than those based on sexual orientation.

The revision adds a prohibition on sex discrimination as well as sexual orientation discrimination, and thus will put those other private schools to the choice of going co-ed or forfeiting aid.

I can’t think of a legal theory I’d want to see recognized by courts that would allow Maine private schools to do an end-run around the legislature’s end-run. It’s always been the case that state money comes with strings attached.

The challenge for private schools now is the get parents to care enough about their children’s longterm wellbeing to reject the economic values society promotes, notably including consumerism, and to redirect some dollars to tuition in schools that won’t perpetuate those ultimately-immiserating values. Sad to say, most "Christian" schools are consumerist with a religious veneer.

January 6

Liz Cheney, kamikaze pilot

[Florida Governor Ron] DeSantis … is capturing the Republican imagination as tough and committed but not unstable or criminal.

Peggy Noonan.

"Not unstable or criminal" is an improvement for the post-2015 GOP.

But I, a former Republican and still reflexively concerned about that party, am not enthusiastic about DeSantis for more than maybe 30 seconds at a time. His appearance, unfortunately, is kind of Mafia. He is quite smart but too often "politically savvy" in crudely manipulative way.

More Noonan:

Mr. Trump’s national polling numbers continue underwater, but the real test will be to see those numbers after the Jan. 6 hearings are over. I believe we’ll see Rep. Liz Cheney’s kamikaze mission hit its target, and the SS Trump will list.

This is one of the great stories. Mr. Trump won’t recover from it.

I think Republicans, including plenty of Trump people, are slowly but surely solving their party’s Trump problem.

Liz Cheney, or Providence through her, has turned the January 6 Committee into a nothingburger for the Democrats and a boost for sane, non-criminal Republicans. Some day, maybe, a renewed GOP will issue her a posthumous pardon and even lionize her as a self-sacrificial heroine in our nation’s hour of need — no less than Mike Pence’s steadfastness on January 6 itself, and equally "kamikaze."

Still, I’ll be voting American Solidarity Party again in 2024, I think, and don’t expect ever to declare myself Republican again. And I don’t expect politics from any perspective, to really accomplish much of lasting importance.

The January 6 Committee, a liberal view

The decision by the House minority leader, Kevin McCarthy, to keep pro-Trump Republicans off the Jan. 6 committee has eliminated the back-and-forth bloviating that typically plague congressional inquiries, allowing investigators to present their findings with the narrative cohesion of a good true-crime series. Trump, who understands television, appears to be aware of how bad the hearings are for him; The Washington Post reported that he’s watching all of them and is furious at McCarthy for not putting anyone on the dais to defend him.

Dustin Stockton helped organize the pro-Trump bus tour that culminated in the Jan. 6 rally at the Ellipse in front of the White House. Politico once called him and his fiancée, Jennifer Lawrence, the “Bonnie and Clyde of MAGA world.” On Tuesday, after a hearing that included testimony by Rusty Bowers, the speaker of the Arizona House, and the Georgia election workers Ruby Freeman and Shaye Moss, Stockton tweeted, “This has been the most impactful of the January 6th Committee hearings. Embarrassed that I was fooled by the Fulton County ‘suitcases of ballots’ hoax.”

He was referring to the conspiracy theory, pushed by Trump and his allies, that election workers smuggled fraudulent ballots into the State Farm Arena in Atlanta and ran them through the voting machines multiple times. Tuesday, he said, was the first time he realized the tale was a complete fabrication.

… The hearing on Tuesday … got to him, especially the testimony from Freeman and Moss about how their lives were upended by the lie Stockton helped spread.

“To see the just absolute turmoil it caused in her life, and the human impact of that accusation, especially, was incredibly jarring,” Stockton said of Freeman.

… Elite conservatives mostly understood that Trump’s stories about a stolen election were absurd; as one senior Republican official asked The Washington Post, “What is the downside for humoring him for this little bit of time?” But his rank-and-file devotees weren’t all in on the con. Instead, they were the marks.

Michelle Goldberg.

I think we know now what the downside was of humoring Trump.

Politics Generally

Biden’s incoherence on LGBT

In no area has the Biden administration been more appallingly misled by extremists than in "LGBT" issues. His ignorance of what constitutes "conversion therapy" has led to a particularly perverse result — as shown in the last sentence below:

Some therapists who work with children with gender dysphoria worry that [a June 15 Biden executive order “advancing equality for lgbtqi+ Individuals”] could be interpreted to mean therapists should not investigate why someone feels distressed about their biological sex. … It has long been held that people with gender dysphoria should have therapy before drugs.

Increasingly, however, such talking therapy has clashed with “gender-affirmative” care, which accepts patients’ self-diagnosis that they are trans. That is now considered best practice in America’s booming trans health-care field. Therapy has been dismissed as “gatekeeping”, even when applied to trans-identifying minors for whom gender-affirming drugs can be particularly harmful. … Finland and Sweden have mostly stopped prescribing blockers to under-18s in favour of talking therapy, because the evidence base for them is thin. Mr Biden’s order, by contrast, asks federal departments to expand access to “gender-affirming care”.

The order does not impose an outright ban on therapy for gender-dysphoric youth. But it will have a “chilling effect”, says Lisa Marchiano, a Jungian therapist and a co-founder of the Gender Exploratory Therapy Association. Most decent therapists should be able to help people with gender dysphoria, she says. Yet America’s focus on affirmation means many are wary of doing so. Instead, they refer children to gender therapists, who are likely to affirm a trans identity and suggest drugs. Some gay adults who struggled with gender nonconformity in adolescence say they believe that encouraging children with gender dysphoria to consider themselves trans is in effect conversion therapy.

The Economist (emphasis added)

If there is any grain of truth in the conservative charge of "grooming" or "recruitment," it’s that foreclosing or chilling pre-transition psychological assessment delivers gender-dysphoric kids to the tender mercies of people who don’t make real money unless the kid transitions.

What liberals can learn from conservatives

By and large, I’ve been underwhelmed by Damon Linker’s new Substack. It’s a big commitment to write and some length many times per week, and Linker seems, ummmm, out of the habit.

But Friday he hit a home run, especially for anyone who has read and pondered Jonathan Haidt’s The Righteous Mind..

  • He tacitly challenges Haidt to "do better" on measuring the moral values of liberals;
  • He explains why he thinks liberals profess disinterest in the values of sanctity, authority and loyalty;
  • He suggests that liberals are missing out on a full appreciation of moral pluralism by discounting sanctity, authority and loyalty; and
  • Bonus for me who wasn’t familiar at all with Isaiah Berlin (beyond knowing that he was an important intellectual of some sort), he summarizes Isaiah Berlin’s thoughts on moral pluralism along the way.

I have reason to think that this link will get you Linker’s full piece even if you’re not a subscriber.

Face-plant

Lauren Boebert apparently thinks that if Jesus and da boyz had them some AR-15s, He wouldn’t have had to die that yucky ole death.

She made this remark to a gathering at some "Christian Center."

To be fair, the response to her was tepid at best.

They never should have invited her, but it’s weird what some "Christians" will do to raise money.

I attended a Christian college once (not Wheaton) that honored archaeologist and oil multi-millionaire Wendell Phillips (back when "millionaire" meant something) with an honorary doctorate. After he used his acceptance speech to contradict things the university considered part of the faith, they barred faculty from later rebutting him from that same pulpit.

I do not name it because I have some reason to think it’s doing better now.

Unclassifiable (unless the class is "Bless Their Hearts")

This NYT item would have me tearing my hair out if I had any hair.

In short, it’s about some Christianish or Christianist business that are hawking guns for Jesus, and they wear their faith (such as it is) on their sleeves, or gunstocks, or anywhere else they can put it to be noticed.

I’m a fallible interpreter of scripture, but doesn’t "put not your trust in princes, in sons of men in whom there is no salvation" include putting trust in the arms you keep and bear, as in declarations like the "Second Amendment to our Constitution is the cornerstone of the freedom we enjoy as American citizens"?

(Reminds me, by the way, of an actual quote from an Oklahoma legislator in the mid-70s: "The first thing the communists do when they take over is outlaw cockfighting." Bet you thought it was going to be "take away all the guns," didn’t you.)


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.

A wee bit

The last-of-its-kind abides

[A]fter a runoff and a recount, Rep. Henry Cuellar—the last pro-life Democrat in the House—narrowly edged out progressive attorney Jessica Cisneros to win the Democratic primary in Texas’ 28th District.

TMD

What’s the January 5 Committee up to?

Four hearings in, the overall purpose of the public hearings of the House January 6 Committee is clear: to remind you how much more outrageous and unforgivable former President Donald Trump’s brazen attempt to steal the 2020 election was than how you remember it. In that respect, Tuesday’s hearing, featuring the testimony of state and local officials the president’s team tried to malign or manipulate, might have been the most successful one yet.

TMD

Here are the texts the Jan 6 Cmte just showed of @RonJohnsonWI’s chief of staff asking how he can give VP Pence alternate slates of electors for WI and MI on Jan 6th —>

Frank Thorp V via TMD

What are they afraid of?

As the January 6 hearings restarted today after the long weekend, I was thinking about the weird, psychotic fear that has overtaken millions of Americans. I include in those millions people who are near and dear to me, friends I have known for years who now seem to speak a different language …

Arizona House Speaker Rusty Bowers and others, describ[ed] the threats and harassment they have received for doing their duty to the Constitution.

And the threats don’t stop with political figures; families are now in the crosshairs. Representative Adam Kinzinger, for example, tweeted Monday about a letter he received in which the writer threatened not only to kill him, but to kill his wife and infant son.

I think the Trump superfans are terrified of being wrong. I suspect they know that for many years they’ve made a terrible mistake—that Trump and his coterie took them to the cleaners and the cognitive dissonance is now rising to ear-splitting, chest-constricting levels. And so they will literally threaten to kill people like Kinzinger (among others) if that’s what it takes to silence the last feeble voice of reason inside themselves.

We know from studies (and from experience as human beings) that being wrong makes us feel uncomfortable. It’s an actual physiological sensation, and when compounded by humiliation, it becomes intolerable. The ego cries out for either silence or assent. In the modern media environment, this fear expresses itself as a demand for the comfort of massive doses of self-justifying rage delivered through the Fox or Newsmax or OAN electronic EpiPen that stills the allergic reaction to truth and reason.

These outlets are eager to oblige. It’s not you, the hosts assure the viewers. It’s them. You made the right decisions years ago and no matter how much it now seems that you were fooled and conned, you are on the side of right and justice.

Tom Nichols, What Are Trump Supporters So Afraid Of?

R.I.P.

Former Purdue basketball star Caleb Swanigan has died at age 25. May he rest in peace; he didn’t have much of that as he lived.


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.

“This demonic murder lottery of schoolchildren”

I didn’t have anything to say yet about Uvalde, TX in my last blog. I have a (very) little to say now.

First, a timeless bur under our saddles: ‘No Way To Prevent This,’ Says Only Nation Where This Regularly Happens.

Second, a caution: "We must do something!" is true. But we mustn’t do performative (dare I say "masturbatory"?) things — things that we already know or should know won’t bear any fruit beyond giving supporters momentary catharsis.

Third, two proposals that might actually improve things:

  • David French, Pass and Enforce Red Flag Laws. Now. (I am reliably informed that French is incorrect about only one red state having such a law; my fair state, Indiana, also has one. Surely we’re not considered "purple" because we went for Obama in 2008!) But Red Flag Laws won’t do any good until people hate slaughter of the innocents enough to risk destroying a friendship with someone who is taking leave of reality while stockpiling weapons.
  • Nicholas Kristof, These Gun Reforms Could Save 15,000 Lives. We Can Achieve Them

The nature of the problem, as best I can tell, is that American life isn’t about what is good but is rather about nothing at all (which is, at least, broadly inoffensive and inclusive of most tastes and creeds) or about violence itself. The scope of the problem includes every facet of life that culture touches, which means most every element of daily life.

… [A] culture of death is like a prophecy, or a sickness: It bespeaks itself in worsening phases. Right now, we find ourselves foreclosing upon our own shared future both recklessly and deliberately—and perhaps, gradually, beginning to behave as if there is no future for us at all; soon, I sometimes worry, we may find ourselves faced with a darkening present, no faith in our future, and a doomed tendency to chase violence with violence.

… this demonic murder lottery of schoolchildren …

When we say, in despair, that “these men are byproducts of a society we’ve created; how could we possibly stop them?,” we could be referring to almost anyone in the great chain of diffuse responsibility for our outrageous, inexcusable gun-violence epidemic—the lobbyists who argued for these guns to be sold like sporting equipment, the politicians who are too happy to oblige them, the shooters themselves.

Elizabeth Bruenig, as dark as I’ve ever seen her. I can’t unequivocally agree with every word of that ("these guns," as I understand it, are "sporting equipment" even if they’re tricked out to look military) but I surely agree with “these men are byproducts of a society we’ve created.”


I am not a liberal.

At least, not in the way that some people think.

Having grown up in the evangelical community, someone who was “liberal” meant that he did not believe that Jesus is God, or that He was born of a virgin by the Holy Spirit, or that He rose from the dead, or that His crucifixion saved humanity from sin, or that the Bible stories of miracles are true, or that Scripture is authoritative and communicates God’s Word.

I believe all these things.

In this sense, when I became Orthodox, I became even “less liberal.” In addition to the above, I also believe things that are even older than the evangelical community. I believe in the necessity of baptism for the remission of sins. I believe that the Eucharist is the bread and wine transmuted into the Body and Blood of Christ. I believe in the continuing presence of the saints, led by the greatest worshiper, pray-er, and worker of all, the Virgin Mary.

But there has been something of a “confusion of categories.” In the aftermath of the mass shooting of 19 children and 2 teachers on Tuesday (May 24th), I was called “liberal.” Why? Because I called for the minimum age for gun purchase to be raised to 21, nationwide. Because I called for universal background checks at every gun purchase – including gun shows and private sales. Because I called for the ban of the sale of military weaponry – including assault rifles – to civilians.

Fr. Jonathan Tobias. There’s more there.

His positions are not a good proxy for political liberalism in the modern American sense and they’re absurd as a proxy for deviation from Christian orthodoxy.


Sarah Isgur, Harvard-trained lawyer, central advisor to a Republican Presidential campaign, wife of one of the nation’s top SCOTUS advocates, and mother of a Texas toddler, broke down over Uvalde on the Advisory Opinions podcast when she thought about her shopping quest for a backpack for her son to start preschool. (She recovered nicely.)


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.

“Pro-Abortion” is now official (more)

Blogging the ineffable

It occurred to me recently that my blog is an odd project because, increasingly, the things that matter most to me are ineffable.

I’ve read at least one book that “effed the ineffable” by going on and on, shifting to reflect from varying angles. I actually thought it was pretty effective, but you had to be keenly interested in the topic to wade through so much overlapping, kaleidescopic quasi-repetition. (I did find that 24 years of immersing myself in Orthodox Christian worship, as my Parish’s cantor — and not just the Sunday Liturgy — had “communicated” the same things.)

I’ve taken a stab at poetry occasionally, but rarely have thought it remotely successful. Anyway, I once heard it said that the person who becomes a poet to say something is less poetic than someone who becomes a poet because he/she likes messing around with words.

I guess the reason I keep blogging may be that I, too, am going on and on, in prose, shifting to reflect from varying angles — just not between the covers of a single book and without an explicit Master Goal. But in a lot of ways, my blog is a very large commonplace book, but an online friend (we’ve narrowly missed meeting IRL) already took that in his blog (now Substack) title.

Anyway, I actually looked briefly at what WordPress says about my blog (something I rarely do since I’m not writing to be popular), and apparently it’s emailed to 350 addresses, and I assume that some others get the RSS feed. I’m pretty sure that some of the emails are bogus, created for god-knows-what purpose. But a heartening number probably are real people, and to them I say thank you for your indulgence.

A partisan scold as arbiter of “Disinformation”

The preoccupation with “misinformation” and “disinformation” on the part of America’s enlightened influencers last month reached the level of comedy. The Department of Homeland Security chose a partisan scold, Nina Jankowicz, to head its new Disinformation Governance Board despite her history of promoting false stories and repudiating valid ones—the sort of scenario only a team of bumblers or a gifted satirist could produce.

Barton Swaim, How Disagreement Became ‘Disinformation’ (Wall Street Journal)

Janus-faces

There is something so disingenuous about critical theorists both arguing that they are revealing the real truth about the world in order to change it, and then claiming that they’re just offering an alternative take of history within a liberal context. You can see this intellectually dishonest bait-and-switch in the 1619 Project. It claims something truly radical — that the real founding of America was in 1619 because the core meaning of America is white supremacy, not liberal democracy — and then, when called on it, turns around and says no, silly, we’re just engaging in a thought-experiment to explain how racism has affected all of us, and to provoke debate. Well: which is it? In theory, they tell you it is all compatible with liberalism; in practice, they prove and believe the opposite.

Andrew Sullivan, Don’t Fight CRT. Expose It.

Dobbsian thoughts

Well, then: I’ll be glad to say “pro-abortion”

From an official Planned Parenthood website, an about-face that reveals a lot:

Well-meaning folks often contrast “pro-choice” with “pro-abortion,” as in, I’m pro-choice, not pro-abortion. But that’s hurtful to people who’ve had abortions. It implies that abortion isn’t a good thing, that legal abortion is important but somehow bad, undesirable. That’s deeply stigmatizing, and contributes to the shame and silence around abortion, making people who’ve had abortions feel isolated and ashamed. At least one in four people who can get pregnant will have an abortion during their lives, and they should be supported and celebrated. It’s time to retire the phrase “pro-choice, not pro-abortion” for good.

Maia Baker, What’s wrong with choice?: Why we need to go beyond choice language when we’re talking about abortion.

I heard a youngish woman recently describe her long-ago long bus trip to a D.C. “pro-choice” rally. Older women were talking of abortion as if it were good, not a lesser evil. One even bragged that she’d had 6 abortions, and it was her primary birth control.

The youngish woman emerged from the bus pro-life.

Amnesiac même advocacy

From a supplemental Andrew Sullivan substack May 13:

[Sullivan’s critic1]: You’re conveniently forgetting that five of the nine justices (Roberts, Alito, Gorsuch, Kavanaugh, Barrett) were nominated by presidents who lost the popular vote.
[Sullivan’s rejoinder]: That is completely irrelevant. But even it it weren’t, both of Bush’s appointees were picked during his second term, after he won the popular vote against Kerry.

[Sullivan’s critic2]: Currently, several state legislatures have big GOP majorities that in no way reflect the number of votes each party received in the preceding election. My guess is that one or more of these legislatures will act quickly this summer, after Roe is overturned, to outlaw abortion. Will that be an instance of democracy working well?
[Sullivan’s rejoinder]: Yes, it absolutely will. And voters can vote again in November. Again: is it the pro-choice position that no states be allowed to legislate on abortion because gerrymandering exists? What else are they barred from voting on?

[Sullivan’s critic3]: While I am certain there are women who would never have an abortion — and they cannot imagine allowing any other woman to have an abortion — the majority you refer to as “pro-life” is deeply affected by another condition: religion. The majority of the pro-life women you speak of, through their faith, surrendered any sense of having power that isn’t subjected to the approval of the church or their husbands! They have no distinct awareness or appreciation of the fullness of their own free will — their liberty — or their innate freedom to make decisions on their own, entirely independent of their faith. 
[Sullivan’s rejoinder]: I’m afraid this completely misunderstands Catholic teaching on this. Women are not supposed to submit their moral views to their husbands’ approval. And the thinly veiled contempt for religious people — they don’t have any autonomy or agency — is a form of bigotry, in my view.

On that last point, see Eugene Volokh’s contemptuous response to that kind of motivated reasoning, which he no doubt hears a couple of times each week if not each day.

Talk less, Smile more.

Now when Chief Justice Roberts speaks of the Court as an “institution,” he approaches that concept from a PR perspective–5-4 decisions are bad, incoherent 9-0 decisions are good. Thomas could not care what final votes are. Rather, he worries about attacks on the Court by the political branches, and more recently, from within.

Unlike Justice Ginsburg, no one knows where Chief Justice Roberts is. To quote Aaron Burr, “Talk less, Smile more, Don’t let them know what you’re against or what you’re for.” NFIB v. Sebelius may have saved the ACA, but the controlling opinion destroyed the Supreme Court as we know it. The anonymous conservative told Politico:

“There is a price to be paid for what he did. Everybody remembers it,”

Roberts won the battle, but lost the war. Now Thomas is making this point explicitly.

Josh Blackman (emphasis added)

Selective non-enforcement

Of the laxity of law enforcement in protests at Justices’ homes:

When it comes to the contrast to Jan. 6, what stands out to me is actually a similarity: a large protest gathered on Capitol Hill and authorities responded with much too little force to disperse it — including after it got way out of hand. Where things differ has been the aftermath, with federal prosecutors now aggressively prosecuting people who merely wandered into the building after the most violent and aggressive perpetrators had pushed their way inside. That seems like overreach in the opposite direction — discretion erring on the side of undue harshness. We should absolutely be throwing the book at everyone who ransacked the building and sought to commit acts of violence against members of Congress or the vice president in order to overturn the election. But that likely doesn’t describe everyone, or even most of the people, present at the protests that day.

Damon Linker (who, should it not be clear, favors discretionary non-prosecution of smallish, non-menacing demonstrations at the Justices’ homes).

I’m acquainted with someone who “merely wandered into the building after the most violent and aggressive perpetrators had pushed their way inside” the capitol on 1/6/21, but is being prosecuted nonetheless. The Feds have lost at least one such case at trial, and I’m hoping they’ll now relent on the others.

Point is: I’m willing to extend the same grace I want for him to wrong-headed people who peacefully protest at justices’ homes – even if there’s a federal law that facially makes that illegal.

Overturning nature

[T]he lawn signs in university towns announce, “Hate has no home here.” This sentiment amounts to reversing the fall of man and proclaiming the kingdom of God. And as I have argued, today’s progressive cultural politics seeks to overturn the authority of nature. Thus we have at once widespread resignation—and God-like ambition.

It’s really very strange. One hundred thousand people die of opioid overdoses in a single year, and elites throw up their hands and do nothing. Meanwhile, they put untold millions into transgender activism and insist that the fullest resources of the medical-industrial complex must be employed to attain its goals.

R.R. Reno.

I generally don’t like arguments in the form of “Why are you writing/worrying about X?! You should be writing/worrying about Y!” But I can’t help but suspect that elites have noticed that the people dying of opioid overdoses are mostly deplorables, not real people.

Oh: And that the trans cause is stylishly pseudo-transgressive.

Words to live by

We must always tell what we see. Above all, and this is more difficult, we must always see what we see.

French writer Charles Péguy via R.R. Reno. I’m not sure that Reno is seeing what he’s seeing, but he’s seeing one of the right problems.


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.

Faith Issues, Roe (and more)

Faith matters

Theology vs. Academic Theology

Theologians, like all academics, have to keep coming up with original things to say. If you just kept repeating the words you received from your old professors, it would get you nowhere. What you need is fresh, even daring, new material. And that means theology will always be in flux.

A venerable Catholic theologian once told me, with great irritation, “Lay people don’t understand what theology is!” They think it’s set in stone, he said, but it’s always evolving and progressing. He seemed to think that theology was something lay people could never hope to keep up with. Their meddling was annoying. They should get out of the way, and wait for the professionals to tell them what the new thinking is.

Theology has a completely different basis in Orthodoxy. It doesn’t change, because it is the faith taught by the Apostles themselves; Orthodoxy is the unbroken continuation of the Church founded by Christ, and carried by the Apostles into the world. We do keep repeating the words we received from our teachers and elders in Christ. Orthodoxy doesn’t need updating, because it provides everything a person needs to be saturated with the presence of God (a process called “theosis”). It fits the needs of every human being like water and air do, no matter what culture or time.

Frederica Matthewes-Green in a letter to Rod Dreher.

Do take note of that first paragraph. Heresy is baked right into the cake of academic theology as presently structured. And that’s an insight that is baked pretty deeply into my bones now. Calling a theological writing “novel” is generally a powerful insult in Orthodoxy.

Not following which faith?

People often talk to me about their adult children who are not following the Lord. I think they want to introduce them to me, as if my brand of wacky Miss Frizzle theologian would inspire them to follow Jesus (reader, I am not that compelling). I have started to ask these folks, which faith do you think your children are longer following? Tell me about it. Was it perhaps one that promised that Jesus would be primarily a place where they got their psychological needs met? Did you raise them to believe that middle-class respectability and good religious feelings were the goal of following Christ? Did you teach them how to suffer?

To the Shire

Classical Liberalism or Postliberalism?

Over a busy weekend (my final choral concert of the Spring), I almost forgot to share two very civil and worthwhile (opening?) arguments on how conservative Christians should behave in 2022:

Apart from the response’s resonance with my lifelong habits of thought, I think the response convincingly shows that the opening volley’s premise that we’ve recently entered “negative world” (cultural hostility to Christianity, which the coiner of the term thinks follows a long stretch of American approbation of Christianity and a few decades of neutrality) is dubious if not mythical. The folks who are more openly hostile now were just subtler before. I fear I greeted the original “negative world” theory with a lot of confirmation bias.

And of course, this debate, nominally about Tim Keller’s approach to politics, is a microcosm of the much larger argument, widely contested among self-identified Christians, about classical liberalism (French) versus some manner of postliberalism (Wood). Don’t cabin this argument.

Update: Rod Dreher weighs in against French, failing badly if he was trying to cover himself in glory instead of just waving the tribal flag. I wonder if American Conservative would give him a sabbatical while he works through a few things? I wonder if it would really make things better if they did.

The impending “reversal of Roe

The salutary political consequences

Peggy Noonan goes a bit meta on the consequences if SCOTUS “reverses Roe“:

[Roe] left both parties less healthy. The Democrats locked into abortion as party orthodoxy, let dissenters know they were unwelcome, pushed ever more extreme measures to please their activists, and survived on huge campaign donations from the abortion industry itself. Republican politicians were often insincere on the issue, and when sincere almost never tried to explain their thinking and persuade anyone. They took for granted and secretly disrespected their pro-life groups, which consultants regularly shook down for campaign cash. They ticked off the “I’m pro-life” box in speeches, got applause and went on to talk about the deficit. They were forgiven a great deal because of their so-called stand, and this contributed, the past 25 years, to the party’s drift.

Abortion distorted both parties.

Advice now, especially for Republican men, if Roe indeed is struck down: Do not be your ignorant selves. Do not, as large dumb misogynists, start waxing on about how if a woman gets an illegal abortion she can be jailed. Don’t fail to embrace compromise because you can make money on keeping the abortion issue alive. I want to say “Just shut your mouths,” but my assignment is more rigorous. It is to have a heart. Use the moment to come forward as human beings who care about women and want to give families the help they need. Align with national legislation that helps single mothers to survive. Support women, including with child-care credits that come in cash and don’t immediately go to child care, to help mothers stay at home with babies. Shelters, classes in parenting skills and life skills. All these exist in various forms: make them better, broader, bigger.

This is an opportunity to change your party’s reputation.

Democrats too. You have been given a gift and don’t know it. You think, “Yes, we get a hot new issue for 2022!” But you always aggress more than you think. The gift is that if, as a national matter, the abortion issue is removed, you could be a normal party again. You have no idea, because you don’t respect outsiders, how many people would feel free to join your party with the poison cloud dispersed. You could be something like the party you were before Roe: liberal on spending and taxation, self-consciously the champion of working men and women, for peace and not war. As you were in 1970.

Or, absent the emotionally cohering issue of abortion, you can choose to further align with extremes within the culture, and remain abnormal.

But the end of Roe could be a historic gift for both parties, a chance to become their better selves.

How will the court “reverse Roe“?

Thursday’s Advisory Opinions podcast persuaded me, without saying it in so many words, that Alito’s first draft won’t be his last. He has a bit of a needle to thread (the needle is oxymoronically named “Substantive Due Process”) and the first draft doesn’t persuasively thread it.

The main article in Friday’s Morning Dispatch also covers the question of unenumerated rights that might theoretically be at risk if the opinion doesn’t get the reasoning right.

My own opinion (caveat: I’m retired and rusty on legal analysis, and my opinion has been clarified only recently by thinking harder than before about stare decisis) is that:

  • almost all the cases recognizing unenumerated rights over the last 60 years have been bogus, the right to marry across lines of “race” (Loving v. Virginia) being the only exception I can think of readily;
  • of the remaining bogus decisions (Griswold, Lawrence, Obergefell) I can think of none that require reversal under the considerations that come into play in stare decisis. That’s another way of saying that “wrongly decided” (or “bogus”) doesn’t necessarily imply “should be reversed”; it’s more complicated than that.

Concise

The latest theme on the political left is that the Supreme Court Justices who might overturn Roe v. Wade are at war with democracy. It’s a strange argument, since overturning Roe would merely return abortion policy to the states for political debate in elections and legislatures. That’s the definition of democracy.

Wall Street Journal Editorial Board. Most Editorial Board editorials aren’t worth reading, but that first paragraph was at least concise. The rest of the editorial? Meh.

American progressives, and some on the right, have convinced themselves that legal abortion will disappear the moment the Supreme Court reverses its Roe v. Wade precedent. Since the Court is contemplating this, readers might appreciate examples from democracies that have grappled with this difficult issue without nine Justices to tell them what to do.

We mean Europe, where abortion is legal in most countries, usually with limits that are more strict than America’s and generally as a result of democratic choice.

Wall Street Journal Editorial Board separately.

Worth your time

Overruling Roe Would Extinguish A Judicially Created Right, But Would Restore The People’s “Precious Right To Govern Themselves”

The other stuff

An artefact of sensible times

For those curious, the Fifth Circuit [U.S. Court of Appeals] is holding its conference in Nashville because, apparently, there are no facilities large enough in Mississippi to host this confab.

Update: I have since been reliably informed that judicial conferences are not held in Mississippi for another reason: all of the hotels large enough in the state are attached to casinos, and some rule prohibits holding judicial functions in places attached to casinos. As a result, several hotels in Mississippi are large enough, but due to the casinos, none are not suitable.

Josh Blackman

An interesting rule from the days when people were smart enough to know that casinos are disreputable. They still are — as is commercial gambling on sports.

But we’ve decided to monetize vice, often with the promise that the revenue will fund schools. Monetizing vice does indeed “school” children, but not in any good way.

Surviving big cultural disasters

Having an inner life is how we can survive if the world falls apart … It’s how people have endured and thrived living under authoritarian regimes … If a populist regime … is in the cards, it’s time to become bird-watchers and hikers and readers of classics and take care of our friends and children and ignore the ignorance and cruelty afar.

Garrison Keillor, with some historic particulars elided. Some of the elisions may leave the impression that Keillor is opposed to all populism, though I don’t know that. I’d like to think there could be a populism that isn’t ignorant and cruel, though I see few signs of one yet.

Facing the end of life

I realize that we are all circling around the Airport of Death, but it just seems to me that if you take that step [moving to a retirement community] it means that you are entering your landing pattern. I think that I will rather just live until I die.

Terry Cowan.

At 73, I think I’ve fairly realistically reckoned with my mortality at last.

But that can be dangerous; you mustn’t just sit and wait for the grim reaper when getting up and moving could keep him away a bit longer. Sloth is a sin even for oldsters. And even if moving hurts a bit.

Wordplay

  • the right place to be is surely in the woods, or in a monastery. Or in a monastery in the woods.

Paul Kingsnorth

  • All slang is metaphor, and all metaphor is poetry.

G. K. Chesterton


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.

The impending reversal of Roe (and more)

On the impending reversal of Roe

Will Congress enshrine abortion in federal law?

Democrats are talking about using the nuclear option (abolishing the filibuster) to enshrine Roe into federal law over Republican objections. I’m not sure they’ll hold Joe Manchin either on abolishing the filibuster or on abortion if they do, but let’s set that aside.

If they succeed, I suspect the law will meet the fate of RFRA, the Religious Freedom Restoration Act: held unconstitutional as a restriction on states’ “police powers.”

A similar outcome on abortion would leave abortion enshrined on military bases, federal women’s uterus-havers prisons and some other federal domains, but at the very political high cost of turning the Senate into a more democratic and less deliberative institution.

What a contrast!

I made it a point to listen to a top liberal legal podcast on the leaked SCOTUS opinion.

As I suspected would be the case, these three law professors offered no substantive defense of Roe v. Wade or Planned Parenthood v. Casey. None. Because they’re too smart to think it’s defensible in any terms of conventional constitutional reasoning. It was all mockery (Justices Alito and Thomas, Thomas’s wife, etc.), F-bombs and other vulgarities, unintelligible in-group code, posturing and dark speculation about what other “rights” the conservative majority wants to destroy.

It heightens my appreciation for the excellence and sophistication of Advisory Opinions — where I learned, by the way, of the existence of the other legal podcast.

Delegitimizing the Court

Speculating on possible reasons for the leak:

[F]inally, to the extent that a leak like this has some delegitimizing effect no matter what, that might be an end unto itself: If the court is going to be conservative, then let it have no mystique whatsoever.

This last place is where most liberals will end up, I’m sure, should the draft ruling turn out to be the final one. But there is an irony here, of course, because a key implication of Alito’s draft — and of arguments marshaled for generations by Roe’s critics — is that treating the judiciary as the main arbiter of our gravest moral debates was always a mistake, one that could lead only to exactly the kind of delegitimization that we see before us now.

Regardless of whether the draft becomes the final decision, then, its leak has already vindicated one of its key premises: that trying to remove an issue like abortion from normal democratic politics was always likely to end very badly for the court.

Ross Douthat. I’m glad Douthat pointed that out. I hadn’t thought how the delegitimization of the court started 49 years ago with Roe.

Roll out the protest signs!

Meanwhile, Substacker Rhyd Wildermuth envisions the less-than-punchy woke protest signs that should, for woke consistency’s sake, be forthcoming:

  • Protect a pregnant uterus-haver’s right to choose
  • Trans-women, cis-men, and assigned-male-at-birth non-binary people should not be allowed to make decisions on what trans-men, assigned-female-at-birth non-binary people, and cis-women do with their bodies.

Everything else

Doom’n’gloom

[T]hough I will never condemn those ‘dead white men’, neither can I stand up and ‘defend the West’ in some uncomplicated fashion. The West is my home – but the West has also eaten my home. Should I stand up to save it from itself? How would that happen? What would I be fighting for?

The French esoteric philosopher René Guénon, who dedicated his life to studying the metaphysical decay of the West, called this the ‘crisis of the modern world’, and he saw it as an explicitly spiritual matter. In his 1945 book The Reign of Quantity and the Signs of the Times, Guénon, a French convert to Sufi Islam who lived much of his life in Egypt, argued that the modern West’s decisive turn away from the spiritual life towards the purely material realm had plunged us into an era he called the ‘Reign of Quantity’. He referred to this turn as ‘the modern deviation’, or sometimes ‘the Western deviation.’

Guénon believed that the world’s old religious traditions all contained the same ‘universal character’ and could lead towards the same truth. The modern West, however, had unilaterally turned away from the pursuit of any higher truth, and the result had been the Reign of Quantity, which was now overcoming the world at Western hands. ‘Western domination’, he wrote, ‘is itself no more than an expression of the “reign of quantity.”’

All of this brings us back to where we began – the culture wars of the age of hyperreality. Guénon concluded his dense and sometimes difficult study by suggesting that we are living in a ‘great parody’: an age of ‘inverted spirituality’ and ‘counter-tradition’ in which even institutions which claimed to be transmitting the spiritual traditions – most churches, for example – were shells of the real thing. To Guenon, this was a manifestation of an actual spiritual war. He agreed with St Paul that ‘we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world.’ Some dark spiritual force was inhabiting the shell of our culture, he said, and driving us ever downwards.

Paul Kingsnorth

How Not To Write An Obituary

Terry Cowan gives some overdue advice on writing an obituary. I hope it was as cathartic for him to write it as it was for me to read it, because (I predict, for no better reason than general pessimism about humanity) that it won’t change a thing.

Setting aside “soulmate” and “love-of-her/his-life,” this advice is my favorite:

Finally, do not try to preach your loved one into Heaven by way of their obituary. There is no need to go on and on about what a fine Christian Gloria Kay was, or expanding on how much she “loved the Lord.” Frankly, it is not as if the Office of Admissions in Heaven is keeping a file of clippings, and this obituary will be one more document in your favor. Just say “Gloria Kay was a faithful Christian, a member of fill-in-the-blank Church.” Also, go-slow on stating what your loved one will be doing in Heaven now. That is always just so much broad evangelical wishful thinking. It is important to remember that we are actually not in control here, and it may be presumptuous to assert that Homer is now face to face with his Lord and Savior Jesus Christ. When I see an obituary that says something like “Wilma adored her precious children and grandchildren but her greatest joy was telling others about Jesus,” well, that just describes the type of person you would duck down another aisle if you saw them across the way in the grocery store.

The only missing thing I can think of “earned his angel wings.”

Sen. J.D. Vance

In the Fall of 2016, I traveled from Indiana to St. Gregory Palamas Monastery in eastern Ohio for a brief personal retreat. Running low on gas, I pulled off the four-lane road and traveled a few miles to a small town gas station.

That small town almost certainly had more Trump signs than homes, with at least one sign in every yard and not a single Hillary Clinton sign.

I don’t think of myself as especially insular, but I was shocked.

Over almost six subsequent years since, I’ve begun (or perhaps more than begun) to understand why (for what reasons or interests other than perverse nihilism or lib-trolling) people like rural Ohioans voted for Trump. They’ve been passed over, and they’re not accepting the idea that they deserve it because they’re of less value than coastal Americans.

Fair point. Weighty, even.

I still detest Trump personally (for reasons I summarize as “toxic narcissism” because writing a Bill of Particulars could consume my whole remaining life), and I regret that a Republican populist must kiss his hind-parts and get his endorsement to win a primary.

So Tuesday’s Ohio primary victory of J.D. Vance Tuesday, after he finally got Trump’s endorsement, isn’t much of a surprise, nor will his victory in the Fall be a surprise.

I hope he can become his own man again after the abasement of his campaign. He’s a bright guy who could elevate the debate if he wants to.


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.