Wenesday, April 9

Trump-free

Ends and means

I would like to see illegal immigrants deported absent asylum claims that pass the smell test. But I want due process for them, all of them. There’s a right way and a wrong way. The right way, some baddies may get through the net.

I would like to see abortion eliminated in this country. But I always thought that the “decider,” under our constitution, is the states — not the Courts, Congress or, god forbid, an Executive Order from POTUS. Oh, and not by forbidding its citizens to travel out of state.

Yup. Tennessee tried that. I think Texas tried something along those lines, too.

Fessin’ up

I rooted for Brexit.

Having now tasted the equivalent of Brexit, in the form of Executive Orders from he-who-shall-not-be-named-here, I admit I was wrong.

But, see, I’m writing about him, and everyone else is writing or talking about him, so he’ll consider it a win.

Selected Observations on Public Discourse

Stolen from Ted Gioia, The Honest Broker:

4.

The most popular social media platforms will be those that allow people to avoid responsibility for what they say.

Every society has institutions of this sort. In ancient times, it was the bacchanalia. For us it is online shitposting and the burner account.

5.

Consider the etymology of the word ‘dictator’—from the Latin dictare (which translates as ‘to say often’). It thus designates a person who talks obsessively—repeating the same thing over and over.

It’s curious that dictators aren’t defined by their deeds, merely their monotonous talk. The assertion of power through repetitive speaking eliminates the needs for listening, or (at an extreme) even for action.

But isn’t this the dominant model of communication in the current era?

Social media is thus the true dictatorship of the proletariat—contrary to what Marx thought.

9.

If Aldous Huxley had known about endlessly scrolling short videos form a handheld device, he would have made it the preferred media interface of his Brave New World.

He wisely understood—unlike Orwell or Bradbury—that ruling elites don’t need censorship and book-burning if they can convince people to voluntarily abandon literacy.

13.

Podcasting is the new stream of consciousness—long, rambling, freeform.

It is the closest thing to avant-garde that media has ever devised.

23.

When images replace words and concepts, thinking skills erode—and do so rapidly.

Neil Postman saw this coming decades ago. He wrote:

Americans no longer talk to each other, they entertain each other. They do not exchange ideas, they exchange images. They do not argue with propositions; they argue with good looks, celebrities and commercials.

It’s sobering to think that he already grasped this in 1985.

26.

Scholar Perry Link recently described the longterm impact of getting blacklisted in China. It depressed him—at least at first. He could no longer visit friends there, or attend conferences, or do research, or teach.

But his credibility increased as an inevitable result of the official sanctions.

He said he finally understood the full power of his blacklisting, when he showed up one day to teach at UC Riverside.

A young blond male on a skateboard came careening my way. He jumped off in front of me and neatly flipped the board upward with his foot to catch it in his right hand.

“Professor Link!” he said.

“Yes…?”

“I hear you’re on a Chinese government blacklist!”

“Yes, that’s right…”

“Dude!” he shouted, gave me a thumbs up, and skated off.

In the aftermath, Link gained a reputation for courage, honesty, reliability, and forthrightness that he could never have achieved without the blacklisting.

I think about this a lot when I mull over growing evidence that I’ve been shadowbanned on Twitter. Maybe I should thank Elon Musk.

33.

Not long ago, stupid comments were just stupid comments.

But they have risen in the world. Now they’re training data sets.

Andrew Tate

[A] certain segment of conservatives have determined that not only is [Andrew] Tate very much for real, but he is a natural inhabitant of the political and cultural right. He has appeared on The Tucker Carlson show and The Candace Owens show. Benny Johnson recently interviewed him. With news breaking in the last few weeks that the Trump administration may have pressured the Romanian government to allow Tate and his brother Tristan to come to the United States, Tate’s embrace by the popular right seems complete.

Tate apologists offer a couple of related justifications to anyone questioning the wisdom of this arrangement. The first is that Tate, we are told, “has cracked the code” on how to talk to young men, and by bringing him into the movement, conservatives stand to bring countless young men into the fold.

Not going to happen.

The idea that Tate’s success a few years ago at convincing a segment of young men to enter his Hustlers University to earn a P.H.D. (Pimpin’ Hoes Degree) will translate into convincing that same segment of men to commit to a movement aimed at preserving the best of Western culture and virtue seems fanciful at best.

Tate’s popularity with his audience has never been about conservatism in any form. His popularity rides exclusively upon the fact that he grants young men permission to act on their basest impulses while promising that doing so will make them rich. If anything, Andrew Tate cannot save the West because Andrew Tate is what the West must be saved from.

Tate’s ascendency signifies not the triumph of the popular or dissident right, but the rot at its core. No movement not fundamentally adrift would embrace him. No movement rooted in the love of The True, The Good, and The Beautiful would countenance his crass and violent history and say, “You’re one of us.”

Dean Abbott, Front Porch Republic

I’ve paid no attention to Andrew Tate, but he has intruded into my field of vision often enough for me to say that this seems about right. Tate is closer to barbarian than to conservative.

Trump 2.0

Anti-Antisemitism: Trump’s all-purpose excuse for lawlessness

… Donald Trump wants no ambiguity: “My promise to Jewish Americans is this,” he said on the campaign trail. “With your vote, I will be your defender, your protector, and I will be the best friend Jewish Americans have ever had in the White House.”

As the first Jewish president of a formerly Methodist university, I find no comfort in the Trump administration’s embrace of my people, on college campuses or elsewhere. Jew hatred is real, but today’s anti-antisemitism isn’t a legitimate effort to fight it. It’s a cover for a wide range of agendas that have nothing to do with the welfare of Jewish people.

All of these agendas — from dismantling basic government functions to crushing the independence of cultural and educational organizations to criminalizing political speech to legitimating petty presidential vendettas — endanger the principles and institutions that have actually made this country great. For Jews, a number of these agendas do something more: They pose a direct threat to the very people they purport to help. Jews who applaud the administration’s crackdown will soon find that they do so at their peril.

Abductions by government agents; unexplained, indefinite detentions; the targeting of allegedly dangerous ideas; lists of those under government scrutiny; official proclamations full of bluster and bile — Jews have been here before, many times, and it does not end well for us. The rule of law and the right to freedom of thought and expression are essential safeguards for everyone, but especially so for members of groups whose ideas or practices don’t always align with the mainstream. As M. Gessen recently wrote in these pages, “A country that has pushed one group out of its political community will eventually push out others.” What our government is doing now is wrong in itself, but beyond that, it poses a bigger threat to Jewish people’s safety than all the campus protests ever could.

Michael S. Roth, president of Wesleyan University.

Lunatic Loomer’s guilt by association

President Trump has fired Gen. Timothy Haugh, the head of the National Security Agency and U.S. Cyber Command, multiple outlets reported Thursday night. The move—which coincided with Trump’s dismissal of six members of the National Security Council—reportedly came at the behest of MAGA activist Laura Loomer, who visited the Oval Office last week. In a post on X, Loomer said that Haugh had “no place” serving in the Trump administration because he had been selected by Gen. Mark Milley, the former chairman of the Joint Chiefs of Staff.

The Morning Dispatch

Patently unconstitutional

[T]he executive order purporting to reject birthright citizenship is unconstitutional and designed to introduce maximum chaos. I say that for several reasons. One is that the originalist arguments against birthright citizenship are weak (for previous posts on this blog, see here and here). Another is that given more than a century of judicial precedent and executive and congressional practice and legislation, the standard for reconsideration by the courts cannot be “we’re just asking questions” or “well, it could have gone either way” or even “this is the best reading” but rather an extremely strong showing of demonstrable error. And of course with enough water under the bridge, even that isn’t enough. What has been offered in the administration’s briefs and in the scholarship they rest on is not remotely close to meeting that kind of high standard.

Samuel Bray, Divided Argument blog


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

Simone Weil, from a letter to Georges Bernanos.

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

Alan Jacobs, Breaking Bread With the Dead

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

Public Affairs

On the one hand, I express no profound personal opinions here; on the other, I have some smart and provocative “takes” from others and some comments on them.

Stupid opinions on why a Trump conviction will be reversed

Any conviction obtained at the so-called “trial” of former President Donald Trump’s alleged alteration of financial records will be reversed on appeal, if necessary by the U.S. Supreme Court, because altering financial records is only a crime in New York if you do it to conceal some other crime. Paying Stormy Daniels money is NOT a crime. …

Steven Calabresi (emphasis added).

I would wager a substantial sum that the U.S. Supreme Court will not reverse a New York conviction of Trump at all, let alone on the basis that New York Courts misapplied New York law.

If the law is as Calabresi says, State appeal courts should reverse, but state Courts have the last word on what state law is.

Steven Calabresi is not a stupid man. This outburst was an example of motivated reasoning.

It’s still quite possible that the Manhattan jury will convict Trump on the 34 felony charges Bragg has brought. But there is no chance the conviction will withstand appeal, particularly given that it relies so heavily on Cohen’s testimony.

Eli Lake (emphasis added).

I would wager even more that a conviction will not be reversed because it relies too heavily on Michael Cohen’s testimony. No Courts will have any idea what the jury relied on. That’s not how jury trials work.

I cannot vouch for Elli Lake not being stupid on legal matters. It rather appears that he is.

Note: This is not to say that Courts won’t reverse because particular testimony of Cohen was admitted over timely objection. Nor am I saying that this prosecution is solid and will not be reversed. There’s a lot of non-dopey analysis that thinks if very shaky. I’m just faulting stupid arguments that mislead non-lawyer readers.

History Rhyming?

I’ve been surprised at the intensity of the electorate’s hostility to post-Roe restrictive abortion legislation. I thought public opinion was more closely divided.

As we think about why voters are so hostile, though, it may be illuminating to remember the Protestant landscape pre-Roe. For one common instance:

The great majority [of pre-Roe Southern Baptists] favored such “therapeutic” abortions, but a small minority objected that abortion was murder, and another small minority argued that it should be legal in all cases. The divide, however, did not fall along the usual conservative-moderate lines, but rather, it seems, along the spectrum of anti-Catholicism.

Frances FitzGerald, The Evangelicals. Voters may just be reverting to pre-Roe positions.

I care a bit about what the various states do. But I’m still committed to federalism, unconvinced that this is an appropriate topic for national legislation.

Commencement Addresses

It’s like the opening parable of David Foster Wallace’s Kenyon College commencement address: “There are these two young fish swimming along and they happen to meet an older fish swimming the other way, who nods at them and says ‘Morning, boys. How’s the water?’ And the two young fish swim on for a bit, and then eventually one of them looks over at the other and goes ‘What the hell is water?’”

James K. A. Smith, You Are What You Love

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

Alexandr Solzhenitsyn, Harvard Commencement Address, 1978

Equality

In these powerfully written essays Oakeshott points to the damage done when politics is directed from above towards a goal – whether liberty, equality or fraternity – and where all policies and negotiations are formulated by reference to that goal.

Roger Scruton, Conservatism

We in the US are suffering from a putative commitment to the goal of equality, “where all policies and negotiations are formulated by reference to that goal.”

I say “putative” because we seem to have lost the ability to identify which things truly are alike, and so should be treated alike, the ability to recognize that not all discrimination is invidious. Sometimes “discrimination” is the necessary consequence of discernment.

If the preceding seems impenetrably opaque, think about the dogma “trans women are women.” If that makes perfect, incontestable sense to you, you probably are loving our present love affair with “equality.” If you hesitate or disagree with “trans women are women,” you may be on my wavelength.

Elites and normies

Elites require control over the information sphere because their policy obsessions—on immigration, gender, and climate, for example—are not popular with the normies. By necessity, progressive fantasies must be imposed on our mediated reality, even as dissenting opinions are cast out into the dark. The internal combustion engine will destroy the earth; windmills will save it. Trump is a wannabe dictator; Biden, the adult in the room. Antagonists are always “far right”; there’s no such thing as “far left.” The ambition to conquer the empirical world with words approaches magical thinking.

It rarely works. The chaos and contingencies of the digital age allow the normies and their chosen tribunes, the populists, too much room to maneuver. Trump’s rise in the opinion polls would otherwise be inexplicable.

Martin Gurri

Why the meritocracy is not viewed as a legitimate ruling class

Now comes the kicker. By the competition it unleashes, bourgeois society creates unprecedented wealth, but also unprecedented inequality of wealth. It does so even while proclaiming equality to be its great insight, innovation and foundation, an inalienable right of man. The contradiction of bourgeois society is such that “its development belies its principle, and its dynamic undercuts its legitimacy.”

In earlier societies, inequality held a legitimate status, assigned by nature, tradition, or providence. In bourgeois society, inequality is an idea that circulates sub rosa in contradiction with the way individuals view themselves; it nevertheless pervades the environment in which they live…. The bourgeoisie did not invent the division of society into classes, but by cloaking that division in an ideology that renders it illegitimate, they tinged it with suffering.

One result is that we are deprived of a fundamental requirement of any polity: a ruling class that will be perceived as legitimate.

At bottom, we see a refusal of the ruling class to take responsibility for its rule, preferring to LARP at the barricades.

Matthew B. Crawford, Why the meritocracy is not viewed as a legitimate ruling class

Why so few pro-Trump columnists

There aren’t many pro-Trump columnists at major papers because there aren’t many pro-Trump columnists anywhere.

In past years, it hardly seems possible that a major publication wouldn’t have a supporter of Ronald Reagan on George W. Bush on its staff. That is why in 2024, newspapers would love nothing more than to have an in-house columnist on Team Red Hat/Tie.

But Trumpism is a visual medium – it cannot withstand the scrutiny of a written column. Trump supporters can go on Fox News or Newsmax or OAN and say whatever they want in the moment without being fact-checked beforehand. But writing a column means having editors and fact checkers verify the claims you’re making.

And because no editor will rubber-stamp a claim like “the 2020 election was stolen,” someone who tries to argue Biden didn’t win the last election or that the Jan. 6 insurrectionists were “political prisoners” will never be able to make their way to a legacy print outlet. A columnist that wanted to say, for instance, Vice President Mike Pence had the ability to choose his own electors in 2020 would be like a columnist earnestly arguing a woman is safer if she encounters a bear rather than a human man in the woods.

This phenomenon is glaringly obvious any time Trump goes on a network like CNN for a town hall or a debate. The falsehoods come so fast out of his mouth, the moderator can’t keep up, leaving 90 percent of his claims unchallenged. If the reporter stopped Trump to correct him on every lie he told, the event would be more moderator than candidate.

That is because being a Trumper is based almost solely on emotion and doesn’t rely on facts. Trumpism is a clenched fist, not an argument. And newspapers print arguments.

Christian Schneider, Where Are All the Pro-Trump Newspaper Columnists? (emphasis added; H/T The Morning Dispatch)

I am predisposed to credit Schneider’s argument because of people like Eric Metaxas.

Metaxas, a Yale grad, is an intellectual of sorts. He writes books. He hosts high-tone “Socrates in the City” conversations. I have it on fairly good authority that he’s genial and fun to talk to.

But he’s bereft of arguments for his election denialism. He has rock-solid certainty. As a word guy, he makes reductio ad Hitlerum analogies. He may have had mystical visions. But he has zero evidence. (Did I mention the rock-solid certainty?)

Checking in on the further-right

Charlie Kirk is worked up. “The world is in flames, and Bidenomics is a complete and total disaster,” the conservative influencer said during a recent episode of his podcast The Charlie Kirk Show. “But it can’t and won’t ruin my day,” he continued. “Why? ’Cause I start my day with a hot America First cup of Blackout Coffee.” Liberals have brought about economic Armageddon, but first, coffee.

… “Rest assured knowing that you’re ready for whatever the globalists throw at us next,” Kirk said at the end of one ad for medical-emergency kits … The commercial breaks sounded like something from an alternate universe. The more I listened to them, the more I came to understand that that was the point.

Some of Kirk’s ads … sound a little jarring: “You are nine meals away from anarchy,” he said in one ad for buckets of food rations, from a website called MyPatriotSupply.com. Yet as the world of right-wing-coded products has expanded, so has the weirdness of ads for them. “For 10 years, Patriot Mobile has been America’s only Christian-conservative wireless provider,” started another ad. Switching to Patriot Mobile, Kirk explained, would mean that “you’re sending the message that you support free speech, religious liberty, the sanctity of life, the Second Amendment, our military veterans and first-responder heroes” while getting “the same coverage you’ve been accustomed to without funding the left.”

Ali Breland, Why Is Charlie Kirk Selling Me Food Rations?

Another Denialism

Just as the Bishop of Oxford refused to consider that he might be descended from an ape, so now are many in the West reluctant to contemplate that their values, and even their very lack of belief, might be traceable back to Christian origins.

Tom Holland, Dominion

Trust the science

The strong, as science had conclusively demonstrated, had both a duty and an obligation to eliminate the weak.

Tom Holland, Dominion


So: where did all my mockery of Trump go?

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

Simone Weil, from a letter to Georges Bernanos.

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

My cup overflowed

Unnoticed, I had filled my cup to overflowing. Pour yourself a cup and enjoy the (mostly) curation.

Trans turning point?

Keeping score

  • “Males have stolen over 879 trophies, medals, and titles from women and girls across 423 different competitions in over 28 different sports,” – Reilly Gaines.

Via Andrew Sullivan

The Cass Report

In Great Britain, the Cass Report, a comprehensive four-year study of transgender medicine for pre-adults, has case deep shade on past practices — practices Europe is backing away from frantically but which the US Medical establishment still supports. Andrew Sullivan gives them both barrels:

Big Pharma created lucrative “customers for life” by putting kids on irreversible drugs for a condition that could not be measured or identified by doctors and entirely self-diagnosed by … children.

And what if over 80 percent of the children subject to this experiment were of a marginalized group — gay kids? And the result of these procedures was to cure them of same-sex attraction by converting them to the opposite sex? I simply cannot imagine that any liberal or progressive would hand over gender-nonconforming children, let alone their own children, to the pharmaceutical and medical-industrial complex to be experimented on in this way.

Accountability? Good luck with that. Will any of the Twitter mobs who hounded the skeptics take stock? Will the ACLU’s Chase Strangio feel any regret for trying to censor the first major book raising the alarm? Will groups like GLAAD and HRC confess to their grotesque lies — “The Science Is Settled” — and ugly bullying tactics to suppress reporting on the question? Will they cop to having supported gay conversion therapy in which many gay kids were “fixed” by being turned physically into the opposite sex?

Will HRC and countless educators temper the curriculum that tells small children that their bodies are irrelevant to whether they are a boy or girl, and that they can change their sex at will? Will these ideologues ever concede the foul homophobia behind questioning the maleness of a girly boy or the femaleness of the tomboy? Will they ever admit that their ideological extremism, and their “queer” conflation of trans and gay experiences, has led to one of the greatest medical abuses of gay kids in history? Of course they won’t. As I write, HRC and GLAAD have not uttered a peep about the report’s findings. They are intellectually and morally bankrupt institutions, desperate for money, and using the scarred bodies of gender-dysphoric children to fundraise.

In a sane world, the doctors who pushed these lucrative treatments and the leaders of the transqueer groups responsible for the wreckage of so many young gay and lesbian lives should resign in shame. So should the MSM journalists who were stenographers for these fanatics, acting to suppress the truth rather than expose it. So should the gay doctors who supported this insanity. This was — and remains — a horrifying case of gays betraying our own — and the most vulnerable and helpless among us.

History will be brutal to those responsible. But almost certainly not brutal enough.

For me, it has always been sufficient that “woman in a man’s body” or vice-verse isn’t a real thing. The sexual binary is real. We are “assigned” names at birth, not sex, which is discovered then (if not previously). We do nobody any favors by saying “Sure, sweetie; you are whatever sex you say you are.”

Gender dysphoria is a real thing, too — a form of mental illness that should be treated with all due skill and compassion. I cannot imagine non-surgical approaches having been exhausted before a minor becomes an adult.

Transgender madness

Nothing that so captures the essence of the Cass Report as this:

Instead of taking narrow claims of dysphoria at face value, Cass adopts a holistic approach, arguing that such statements must be considered “within the context of poor mental health and emotional distress among the broader adolescent population.”

Nina Power, The Trans Reckoning is Here. Considering the context doesn’t mean ignoring, but exploring all possibilities before doing something radical.

No longer, in the sentient world, will doctors be valorized for taking narrow claim of dysphoria at face value — what has come to be called “affirming,” and beginning the process that leads to sexual mutilation in the name of sex-change.

Some U.S. legislatures had already arrived at the unfashionable conclusion that “affirming” kids with gender dysphoria through “social transitioning,” puberty blockers, cross-sex hormones and such was bad medicine, and some, including my own, went so far as to ban the medical transitioning as to legal minors. I have my doubts about legislatures practicing medicine, but the provocation was great, and I have little doubt that legislative bans will protect more kids than they hurt.

So I was feeling pretty good about the turning of the tide on trans when what to my wondering eyes should appear but a front-page, above-the-fold story in my local Gannett rag about the woes of Hoosier kids with gender dysphoria who no longer can get their desired trendy treatments in-State. The story included all the groin pieties about puberty blockers being safe and reversible — some of the very claims debunked by the Cass Report. Had they intended that story as a provocation, it could not have been better timed.

The Cass Report is fairly fresh off the press, and is the work of but one researcher, although she was very well-credentialed and took four years on the project. It probably will be critiqued — carefully, one hopes, although there may instead be an effort to mob-cancel it for want of rational criticisms.

Meanwhile, it is as if the Report gave permission for common sense to speak what it has been intimidated from saying for too long.

In my home, the local Gannett rag will be cancelled.

This is a huge step emotionally. I grew up on newspapers. My older brother had a huge paper route. Reading the daily newspaper was one of the things responsible adults did. But smaller-market newspapers have been killed by the internet. Our local rag has descended into a collection of celebrity gossip, feature stories, and a smattering of news stories from other Gannett rags in the state. It doesn’t even include enough advertising and coupons to justify hanging on any longer. That trans propaganda was just the last straw.

I’ll try to replace it with a combination of:

  1. A retired newsman’s substack. He’s been scooping the newspaper frequently already — and his stuff is timelier, not delayed by 48 hours.
  2. Local television websites.
  3. Two local funeral home websites for obituaries.

We’re in a strange new world.

Culture

Billy Joel

I vividly remember the first time I heard Billy Joel on the radio. Mainstream pop/rock radio was not part of my childhood listening diet, so I was already in my early teens. I was having lunch in a university roadhouse with my father and a visiting scholar, a young neo-classical composer. We took turns poking fun at the songs on the roadhouse channel, until “Scenes From an Italian Restaurant” struck up. Then the composer paused to listen, raised a finger and said, dead serious, “This is a great song.”

Bethel McGrew

Eclipse

This, too, via Bethel McGrew:

As [Annie Dillard] put it so memorably, the difference between a partial and a total solar eclipse is like the difference between kissing a man and marrying him.

Virtues

I’m reminded of my colleague David Brooks’s distinction between “résumé virtues” and “eulogy virtues.” As David described it, résumé virtues “are those skills you bring to the marketplace.” Eulogy virtues, by contrast, “are talked about at your funeral — whether you were kind, brave, honest or faithful. Were you capable of deep love?” Most of the “manosphere” influencers look at men’s existential despair and respond with a mainly material cure. Yes, some nod at classical values (and even cite the Stoics, for example), but it’s in service of the will to win. Success — with money, with women — becomes your best revenge.

The problems with this approach are obvious to anyone with an ounce of wisdom or experience, but I’m reminded of a memorable line from “The Big Lebowski”: “I mean, say what you want about the tenets of national socialism, Dude, at least it’s an ethos.” It’s hard to counter something with nothing, and when it comes to the crisis confronting men and boys, there is no competing, holistic vision for our sons.

David French, The Atmosphere of the ‘Manosphere’ Is Toxic – The New York Times

Preppers

When I attended prepper conventions as research for my book, I found their visions of a collapsed American Republic suspiciously attractive: It’s a world where everybody grows his own food, gathers with family by candlelight, defends his property against various unpredictable threats and relies on his wits. Their preferred scenario resembled, more than anything, a sort of postapocalyptic “Little House on the Prairie.”

Stephen Marche, author of “The Next Civil War.”

Turning the tables

There was a dramatic jump upward in divorce rates at the beginning of the 1970s. Women whose husbands walked out were faced with the prospect of raising large families on the minimum wage. I remember that time well. Divorce laws were not particularly favorable to women in many places. One reaction was for mothers to teach their daughters never to put themselves in such a vulnerable position. This kicked off the spiral of demands for more pay and more opportunities in education and the workplace. Arguably, the pendulum has now swung too far, and men are disadvantaged by divorce laws. Why work to become a marriageable man if marriage is now such a risky proposition, especially in an era of relaxed sexual norms?

Stacie Beck in a letter to First Things

Putting our money where our hearts are

… (in most US states, the highest-paid public servant is a football or basketball coach at a state university)

David Graeber, Bullshit Jobs

NPR

“NPR is why I got into journalism. But it’s also partially why I left legacy media. By 2018, Trump voters wouldn’t talk to me, and I didn’t blame them — we often painted them as racists. And if I ever booked a white man, I’d better have a reason why,” – Olivia Reingold.

Via Andrew Sullivan

The Open Internet

I really do think that the internet, in its original open form, is an amazing thing and a genuine contributor to human flourishing — but the occlusion of the open web by the big social media companies has been a disaster for our common life and for the life of the mind. My plan, and my hope, is to keep going here long after I have lost the ability to publish anywhere else. This is my home on the web and also the place where I can most fully be myself as a writer. And that’s worth a lot.

Alan Jacobs

Wordplay

Via Frank Bruni:

  • In The Financial Times, Anjana Ahuja questioned the potential of a new meat: “With half the U.K. population reporting anxiety about snakes and about one in 50 harboring a phobia, the idea of snakes as the new livestock of choice might not have legs.” (Lois Russell, Somerville, Mass.)
  • Ezra Dyer paid tribute to an automotive throwback, the Dodge Challenger Black Ghost: “It’s a stupid car, really, peak mouth-breather, screaming of wretched excess. But its analog mechanical brutality activates some primal lobe deep in our brains, the one that catalyzes noise into adrenaline. The final V-8 Challenger rolled off the line on Dec. 22 last year, another dinosaur obliterated by the E.V. asteroid.” (Gerry O’Brien, Goderich, Ontario)
  • In The London Review of Books, Michael Hofmann took pointed issue with some right-wing warriors: “It seems there is only one model for today’s ‘man of action,’ and that is shock and awe. Overwhelming force deployed suddenly and overwhelmingly. A theatrical performance with no audience as such, only a houseful of victims. The lions eat the circus and then tweet about it.” (William Wood, Edmonton, Alberta)

Mercy

The mercy of the world is you don’t know what’s going to happen.

Mat, in Wendell Berry’s Jayber Crow

Abortion

Donald Albatross Trump

The problem for pro-lifers is that … efforts at persuasion have become markedly less effective over a timeline that overlaps closely with Trump’s takeover of the Republican Party

[O]ne does not need to be a monocausalist to see how the identification of the anti-abortion cause with his particular persona, his personal history and public style, might have persuaded previously wavering and ambivalent Americans to see the pro-life movement differently than they did before.

With that kind of standard-bearer, the accusations of your opponents — that your cause is organized more around repression than protection, more around hypocrisy than high ideals — are going to carry more weight. And some people who might have been your allies, who share your general moral worldview, are going to find reasons to disassociate themselves from your political project.

… [T]he form of conservatism that he embodies is entirely misaligned with the pro-life movement as it wants and needs to be perceived.

That’s the price of the bargain abortion opponents made. The deal worked on its own terms: Roe is gone. But now they’re trapped in a world where their image is defined more by the dealmaker’s values than by their own.

Ross Douthat

Abortion Politics

Kevin D. Williamson comes out swinging on abortion politics:

The conservative legal view of Roe v. Wade—which is not necessarily an anti-abortion view—is that the Supreme Court exnihilated a federal right to abortion straight out of the penumbras of Justice Harry Blackmun’s posterior based on very little more than pure political will, and that Dobbs rightly reversed this act of judicial superlegislation, returning the matter to the democratic process and, mainly, to state legislatures. A person who generally supports abortion rights could easily hold that position—and, indeed, many do. By no means is it the case, however, that, as Trump stated, vacating Roe was something “that all legal scholars [on] both sides wanted.” (Even on the most serious of moral issues, Trump cannot help but lie, stupidly, blatantly, and to no purpose. He lies out of habit and because he enjoys it.) The argument about Roe was an argument about law, not an argument about abortion.

Now comes the argument about abortion. 

Overturning Roe provided only the opportunity to have that argument, and, for the moment, the anti-abortion side is not having a lot of luck advancing its case. Possibly this is because the anti-abortion movement has chosen a leader who so transparently does not give a fig about abortion or any other moral or political question except to the extent that it serves his interests …

Consensus-building in this matter is not something undertaken in order to accommodate abortion enthusiasm in the interest of advancing a broader political agenda but rather the opposite: Consensus-building is the only way to build a stable, long-term policy that actually protects the lives of the unborn and reduces—in fact, not in theory—the practice of abortion. Consensus-building is the way toward anti-abortion goals, not a detour from them. As I have written before: The pro-life movement doesn’t win when nobody can get an abortion—it wins when nobody wants one.

Trump’s Toxic Touch (Boldface added)

Election 2024

100% wrong

This is what an interactive Economist article thinks about my Presidential vote in November:

Here’s what the Economist thinks of my likely vote this Fall

Switch me to California and it flips strongly. I’m told the paywall is down, so size up yourself.

FWIW

The Democratic National Committee paid President Joe Biden’s legal bills while he was under investigation by special counsel Robert Hur over whether the president mishandled classified documents, Axios reported Friday. While the Biden campaign has attacked former President Donald Trump for using campaign funds to pay his compounding legal bills, the committee paid $1.5 million—mostly between July 2023 and February 2024—to attorneys and firms representing Biden during Hur’s probe. While Trump has spent funds from his Save America political action committee on legal fees, it is unlikely that his campaign is using money from the Republican National Committee for that purpose.

David M. Drucker, Charles Hilu and Michael Warren

Presidential Debates 2024

Trump has repeatedly challenged Biden to debate him even though he skipped all of the debates in the Republican presidential primary.

David M. Drucker, Charles Hilu and Michael Warren Camp Biden is hinting that he won’t debate. I don’t blame them: Trump doesn’t really debate; he slings insults and one-liners (last item) that demean any “debate” he’s in. Add to that a Democrat candidate who has lost a step or two, and the opening Trump gave him by not deigning to debate his inferiors, and I’m in Camp Biden on debating.

P.S. David Frum says it better than I:

President Biden’s spokesperson should answer like this: “The Constitution is not debatable. The president does not participate in forums with a person under criminal indictment for his attempt to overthrow the Constitution.”

Hoist with his own petard

New York Judge Juan Merchan—who is overseeing former President Donald Trump’s hush money criminal trial—on Friday rejected one of Trump’s final efforts to delay the proceedings set to begin later today. Trump and his team asked for the trial to be pushed “indefinitely” on the grounds that the media attention surrounding it would make it impossible for Trump to receive a fair trial. Merchan, however, held that Trump intentionally generates much of the media attention. “The situation Defendant finds himself in now is not new to him and at least in part, of his own doing,” the judge wrote.

The Morning Dispatch

Politics generally

Cui bono?

In Dallas, Texas, last Thursday night, four people walked onto a stage: a libertarian, a recent dropout from the Democratic race for president, an economic populist, and Ann Coulter, who needs no introduction.

They were all asked a single question, which is also the No. 1 issue that will affect the 2024 election: Should the United States close its borders?

It’s the kind of topic that’s become impossible to talk about out loud and in public. One side accuses the other of xenophobia and racism; the other of lawlessness and cheating the electoral system. 

But at The Free Press, we believe that the issues that matter most to Americans are worth talking about in public, without fear. That’s why we partnered with FIRE to launch our new series, the America Debates, moderated by our founder, Bari Weiss.

So on Thursday at the Majestic Theatre in downtown Dallas, we welcomed a crowd of 700 from states all over the nation including Utah, Indiana, Alabama, and Mississippi. We even met a few readers who flew in from London.

There were best friends from high school, women in cowboy boots, and married couples on either side of the issue—including Dr. Nina Niu Sanford, who immigrated to the U.S. from China at age three, and her husband, a native Texan born to a Mexican immigrant. (She voted in favor of America shutting its borders; he voted against.)

“If you want to hear an exchange of ideas it’s basically relegated to AM radio,” a pregnant woman from Rhode Island who flew 1,700 miles to the event told me. “But you never get people like this, just sitting on a stage together, hashing out ideas.” 

Jake Billings, a 34-year-old from Utah, said he arrived believing in an open border. But when he heard Ahmari list the ways Americans without college degrees get the short end of the stick because of illegal migration, he felt swayed in a different direction.

“He just laid out how it hurts the working class, which is where I come from,” said Billings, who shared that his mother was one of 13 kids. “What can I say? I’m a facts person.”

The Free Press

This summary was preceded by “The full video of the event will be available soon to paid subscribers of The Free Press. So if you’re not already a paid subscriber, become one today.” The Free Press has become Substack’s subscription champion for good reason.

If you’re not a Free Press subscriber, you’re missing some awfully good stuff. Same for the Dispatch. If I had budget woes, those would be among the last to go.

Pro-Ukraine without playing the Hitler card

Dan Coats, Why Aid for Ukraine’s Fight Against Russia Matters pushes just about all the buttons I needed pushed to unenthusiastically support continued aid.

I try to avoid a Manichean outlook on the world, but even without White Knight delusions, there’s a case to made, and Coats makes it well without a facile Putin = Hitler narrative.

Why the new Christian right keeps losing

For the most part, the new Christian right is almost entirely lacking in the discipline, self-control, and judgment required to secure real political victories in a democratic system. Small wonder many of them want a totalitarian dictator, then. Maybe that’s the only way they’ll ever actually accomplish anything legislatively.

Jake Meador, who has some Nebraska receipts to prove his point, in Vibe Emission Is Not a Political Strategy

“The props of official Christianity”

“I don’t think the fixes that most conservatives propose would fix anything,” he said. “I don’t think bringing back in the props of official Christianity is going to get at the darkness at the center of all this.” To him the Christian worldview had become just too remote in America, and worse, millions of Americans denied the very notion of the objective truth. Like many other conservative evangelicals at the end of the century, Mohler spoke of “postmodernism” rather than “secular humanism” as the condition of godless modern America.

Frances Fitzgerald, The Evangelicals. I occasionally agree with Albert Mohler, and this is one of those occasions.

Maxine Waters changes her tune

In the young and fun days of 2018, Maxine Waters encouraged protesters to confront politicians in restaurants. In those Olden Times, she said: “If you see anybody from that cabinet [Trump’s] in a restaurant, in a department store, at a gasoline station, you get out and you create a crowd and you push back on them and you tell them they’re not welcome anymore, anywhere.” (H/t Dan O’Donnell for tracking this video down.)

Fast-forward a few years and here is Maxine Waters, after facing mild protest from a single person at a single restaurant: “As a member of Congress, where people—you know—who evidently had a racist attitude, and recently even one confronted me in a restaurant—and they don’t say racist things but what they say is they don’t like something I said. They don’t like a position that I took. But you know that—you know—if you were not black, you would not be approached that way.” Exactly. A dissatisfied constituent has never approached a white politician. 

Meanwhile, everyone at Harvard is upset that conservative activist and writer Chris Rufo keeps finding egregious plagiarism in this or that beloved professor’s work. And The Harvard Crimson this week has a proposal: “We can’t let outsiders control the plagiarism narrative. Harvard and other universities must stay ahead of the game, surfacing instances of plagiarism and addressing them before malicious actors can hurt the University’s credibility.” I do believe Chris Rufo will accept those terms.

Nellie Bowles

The post-religious right

In February 2016, New York Times columnist Ross Douthat wrote: “If you dislike the religious right, wait till you meet the post-religious right.” His words captured a widely shared assumption that the rise of Donald Trump signaled not only the death of the religious right, but the birth of an irreligious right animated by white racial grievance.

It is clear now that this assumption was wrong …

Matthew Schmitz, JD Vance, Religious Populist

No, I don’t think that’s clear at all. As Schmitz notes, there is a surprising move of many Hispanics and Blacks toward the GOP, and that puts a caveat on the “white racial grievance” part of Douthat’s assumption. But I don’t think it clearly disproves it.

This is but a quibble about Schmitz’s article, which I was prepared to dislike (perhaps even hate), but which I found interesting and helpful in several ways.

No, Trump’s Presidency Wasn’t Worth It

The price tag of the Trump presidency exceeds its value exponentially. The tax cuts, deregulation, judicial appointments, executive orders, and cultural counter-offensives (“he fights”) are trinkets compared to the way he has undermined the values and norms required to sustain the rule of law and the constitutional order.

No, Trump’s Presidency Wasn’t Worth It

Politics makes me want to p***!

I just heard the story of a candidate who was furious with his estranged wife for not posing for a family photo with the kids. I can’t say more for fear of too precisely identifying the situation, in which wife and children are quite innocent and don’t need the hassle.

Our six primary candidates for governor aren’t much better, although their badness differs from his.

Politics is so phony it makes me want to puke. Well, actually, it makes me want to post.


So: where did all my mockery of Trump go?

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

Simone Weil, from a letter to Georges Bernanos.

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

Thursday, 4/11/24

Permanence

“How has it come about,” C. S. Lewis once asked, “that we use the highly emotive word ‘stagnation,’ with all its malodorous and malarial overtones, for what other ages would have called ‘permanence’?” It is, Lewis suggests, because the dominance of the machine in our culture altered our imagination. It gave us a “new archetypal image.”

Ken Myers, All God’s Children and Blue Suede Shoes

Considering how excellent an interviewer Ken Myers is, I’m surprised I don’t have more highlights from this oldish book by him. But this one surfaces just often enough to seem ever green. It’s especially dear to me because one of the common lazy criticisms of Orthodox Christianity is that it’s “stagnant.”

Feckless Diktator

Tens of thousands of people marched in Budapest, Hungary, on Saturday to protest Hungarian Prime Minister Viktor Orbán’s government. Péter Magyar, a former diplomat who was once a senior member of Orbán’s Fidesz party, organized the demonstration and has presented himself as a changemaker with plans to challenge Orbán in upcoming European parliament elections this summer. The rising opposition figure has promised to root out corruption and repair ties with the European Union—of which Hungary is a member—if elected.

The Morning Dispatch

What kind of authoritarian would allow such a thing? Could it be that our press has giving him a bum rap? Surely not!

NCAA wrap-up: Defense always travels

“We’ve played against athletes, played against some really good defensive guys this year in the tournament,” Painter said. “But not the collection of defensive players like UConn has. We play against somebody, they would have a lock-down defender. These guys are bringing lock-down defenders off the bench. Defense always travels. Tip of the hat to them. They were great.”

Kyle Neddenriep

I’ve said without embarrassment that I’m a “fair weather fan.” I think I’ve learned enough about basketball, and about Purdue Coach Matt Painter’s approach to coaching, to change that to “Purdue Men’s basketball fan.”

Caitlin Clark helped the generalized fandom, too.

Where’s a pro-lifer to go in 2024?

I am conflicted. It is tempting to join the pro-life chorus proclaiming that Donald Trump is not a pro-life candidate (because it’s true). But I don’t agree that his not-so-new abortion federalism is the proof that he’s not pro-life.

Abortion federalism is what the law should be. It’s what I said for darn near 50 years that the law would be after the reversal of Roe, and I’m not going to do a bait-and-switch.

So I guess I’m stuck with my fundamental objection that Donald Trump is a toxic narcissist, incapable of reckoning with facts that are inconvenient to him (like “You lost the election, sir”), yet capable of poisoning the culture.

For maybe a decade, from the earlyish eighties forward, I really was a single-issue anti-abortion voter (anti-abortion and pro-life aren’t the same thing, but seamless-garment-of-life candidates were rare). I became disenthralled of single-issue voting when NRLC and its affiliates endorsed nasty people who unconvincingly claimed they were pro-life — like maybe Trump in 2016 (I don’t recall whether they endorsed him; I wouldn’t have paid attention if they had.)

Trump’s pledge to appoint Supreme Court Justices from Leonard Leo’s list, which I only half believed, was not enough to gain my vote in 2016, and nothing he could say about “life issues” in 2024 would outweigh his baneful influence on everything he touches.

A devil is no less a devil if the lie he tells flatters you and stands to help you defeat your enemies and achieve power.

Rod Dreher, Something Demonic Is in the Air (2021)

Other disaffected seamless-garment pro-lifers should join me in voting for this party.

Gaining Perspective

A man who has lived in many places is not likely to be deceived by the local errors of his native village; the scholar has lived in many times and is therefore in some degree immune from the great cataract of nonsense that pours from the press and the microphone of his own age.

C.S. Lewis, The Weight of Glory

Can we afford the rich?

While we talk a lot about the private jet emissions of the rich, the biggest environmental impacts of inequality are actually ‘psychosocial’:

“The well-publicized lifestyles of the rich promote standards and ways of living that others seek to emulate, triggering cascades of expenditure for holiday homes, swimming pools, travel, clothes and expensive cars. Studies show that people who live in more-unequal societies spend more on status goods. … Inequality also makes it harder to implement environmental policies. Changes are resisted if people feel that the burden is not being shared fairly.”

Fierce competition for social status not only turbocharges consumerism, it also reduces social cohesion, worsens mental health and increases crime:

“By accentuating differences in status and social class – for example, through the type of car someone drives, their clothing or where they live – inequality increases feelings of superiority and of inferiority. … Even affluent people would enjoy a better quality of life if they lived in a country with a more equal distribution of wealth, similar to a Scandinavian nation. They might see improvements in their mental health and have a reduced chance of becoming victims of violence; their children might do better at school and be less likely to take dangerous drugs.”

Dense Discovery, quoting Why the world cannot afford the rich

Trump aims at the FBI, kills FISA; gee, thanks Mr. Revenge!

Donald Trump has a special talent for creating chaos that benefits no one except Donald Trump, and doesn’t even do that in the end. That’s the only way to understand his destructive intervention Wednesday on the reauthorization of the Foreign Intelligence Surveillance Act in Congress. “Kill FISA,” he wrote on Truth Social, and the House Republican dunce caucus obliged.

On Tuesday evening the House Rules Committee voted out a rule that would have allowed lawmakers to vote on renewing FISA along with substantive reforms. The proposed bill, a consensus project between the House Intelligence and Judiciary committees, was written to improve safeguards for Americans in Section 702’s surveillance database, which lets intelligence agencies eavesdrop on the communications of foreigners overseas.

Mr. Trump instructed Republicans to kill FISA because “IT WAS ILLEGALLY USED AGAINST ME, AND MANY OTHERS. THEY SPIED ON MY CAMPAIGN!!!” Nice to know that the man who wants to become Commander in Chief again has his eye on his own revenge, rather than public safety.

Trump Blows Up Anti-Terror Surveillance – WSJ

Modernists losing copyright protection

For those of a certain age — who hear the word “modernist” as modern — it’s an astonishment that a good portion of William Carlos Williams’s poetry is out of copyright. After noticing how often the Internet routinely violates poetry copyrights (currently protecting works after 1928), we decided early on here at Poems Ancient and Modern that we would try to be vigilant about copyright, which prevents us (in our current poverty) from running anything from W.H. Auden, Silvia Plath, Delmore Schwartz, Philip Larkin, and many others. But not only is the first modernist generation, with the likes of T.S. Eliot and Ezra Pound, coming into the public domain, but so increasingly is the second generation of such modernists as William Carlos Williams and Wallace Stevens. It’s been a hundred years since the high modernists were the cutting edge of the modern.

Poems Ancient and Modern

Back home in Indiana

The Indiana Court of Appeals rejects a demand that a third “gender” designation be available on drivers licenses:

BMV asserts its binary-only policy for state credentials is designed to accurately, consistently, and efficiently identify licensees. The agency indicates that recording an individual’s objective characteristic of sex better advances the state interest in accurate identification than would recording a person’s subjective non-binary identity. Additionally, identifying an individual’s sex on their state credentials promotes consistency within the system as other statutes require the licensee’s sex to be identified and recorded. Finally, BMV suggests that issuing credentials identifying an individual’s sex better serves to further administrative efficiency than reporting a subjective status with innumerable designations.

Indiana Court Rejects Claim That Driver’s Licenses Must Include Third Gender Option

I appreciate living in a state that isn’t “way out there” to either extreme.

Wordplay

1

… umbraphilia — the love of eclipses …

Where You Can See the Next Total Solar Eclipse, in 2026 – The New York Times

2

You cannot make a competitive selection process a tool for equality, as the entire point of competitive selection is to identify inequality.

Freddie deBoer

3

Quango: a Quasi-NGO; an organisation to which a government has devolved power, but which is still partly controlled and/or financed by government bodies.

4

Sodcasting: a term coined in Britain for playing music on your phone in public — after “sod” for “sodomite”, i.e. something that only a total ASSHOLE would do. H/T Andrew Sullivan, who adds:

It’s not as if there isn’t an obvious win-win solution for both those who want to listen to music and those who don’t. Let me explain something that seems completely unimaginable to the Bluetoothers: If you can afford an iPhone, you can afford AirPods, or a headset, or the like. Put them in your ears, and you will hear music of far, far higher quality than from a distant Bluetooth, and no one else will be forced to hear anything at all! What’s not to like? It follows, it seems to me, that those who continue to refuse to do so, who insist that they are still going to make you listen as well, just because fuck-you they can, are waging a meretricious assault on their fellow humans.

5

fundamentalist, n. Anyone who is more serious about religion than I am, especially if he owns a gun.

Fr. Andrew Stephen Damick], Una Sancta: Fundamentalism, Ecumenism and the One True Church

6

… the Netherlands, a country so flat it feels it’s been ironed into submission.

Chris Arnade

7

I look up from my book,
from the unreality of language,
and stare at the sea’s surface
that says nothing and means it.

R.S. Thomas, Collected Later Poems 1988-2000


So: where did all my mockery of Trump go?

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

Simone Weil, from a letter to Georges Bernanos.

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

March 5, 2024

Art

Popular “unpopular art”

[A]art is in a peculiar and dangerous position these days. This week, over 17,000 artists and activists signed an open letter demanding that Israeli artists be excluded from the Venice Biennale festival in Italy, simply because they are Israelis. And even while that attempt at censorship is launched, other artists proclaim how brave they are for art on certain pet causes, violating taboos that no one has enforced for decades and everyone they know already mocks. There is no real cost to such stands.

Joseph Bottum

Popular art

Meet Frankey, the Street Artist Delighting Amsterdam – The New York Times (shared link, no paywall). I was afraid this story would be about another Banksy type graffiti artist (I viscerally hate graffiti). Not at all. It’s sheer whimsical delight.

IVF

The ephemeral threat to IVF

In June 2022, the court ended federal access to abortion, kicking abortion policy back to the states.

Since then, nine states—Alabama, Texas, Arkansas, Kentucky, Louisiana, Missouri, Oklahoma, South Dakota, and Tennessee—have outlawed abortion outright, not even allowing the procedure when women become pregnant through rape or incest. (Alabama’s IVF ruling is the most extreme pro-life ruling yet.) …

How Abortion Became ‘the Defund the Police of the GOP’ | The Free Press

Alabama Supreme Court’s decision might ramify unpopularly, bearing in mind the conservative adage that there are popular “unpopular opinions” (i.e., “popular among our leftcoastal readers, less so in flyover country”) and unpopular “unpopular opinions (i.e., “popular among the fundamentalist deplorables in flyover country but vilified by leftcoastal types).

But I digress. The Alabama decision was a ruling in favor of IVF-availing parents whose frozen embryos were negligently destroyed by another patient for lack of safeguards at the IVF clinic. There were no sinister designs on IVF in the opinion at all.* So constantly throwing the decision into the abortion mix strikes me as shit-stirring clickbait.

And “they” must stir the shit, and bait the clicks, vigorously and now, because IVF is in fact popular and the Alabama legislature is hastening to protect it from unintended consequences of the Court’s decision. (I’d say “nobody would dare try to outlaw IVF” except that people are daring some pretty bizarre things these days.)

* Alabama’s Supreme Court had earlier ruled that wrongful death action was allowed to parents for loss of descendants en ventre sa mere; the recent case clarified that intrauterine or extrauterine descendants were within contemplation of the parental wrongful death law.

The case against IVF

While we’re on the subject, I think it’s important for people in secure positions occasionally to voice unpopular unpopular opinions — opinions that others may be too cancelable to voice.

For the record, I have serious moral qualms about IVF, based on a combination of (a) knowing that in the U.S., IVF practice knowingly creates large numbers of embryos that will eventually be destroyed and (b) some Roman Catholic influence that tells me babies should be made in marital beds, not laboratories.

J Budziszewski, What We Can’t Not Know briefly sketches the Roman Catholic case against IVF (thought his immediate target is cloning).

So you would say that aspirin, surgery to remove a tumor, and cloning “respect” nature, too.
Not cloning.
Why not? Doesn’t it assist the natural function of having babies?
Once more: our nature is our design. We are designed to have babies, but we are not designed to have them in that way. To put it another way, our design includes not only certain ends but certain means. There is a difference between repairing the reproductive system and bypassing it.
Well, it doesn’t seem to be a big deal anyway.
I think it is a very big deal. When you try to turn yourself into a different kind of being, you are not only doing wrong but asking for trouble. He who ignores the witness of his design will have to face the witness of natural consequences.

If you think this argument has (not “should have”) any appreciable political valence in the USA, you need to get a grip. I’m just saying it should have some valence.

I don’t know where I ultimately would come out on IVF it were there an opportunity to discuss it, not just Roman Catholic voices crying in the wilderness versus reflexive dismissal of those voices.

Law

Witless Ape returns to ballot

[I]t was a perfectly defensible position to hold that Trump should be disqualified. What was indefensible was the air of swaggering certainty that permeated so many of those takes. … self-evident. Common sense. Obvious. Indisputable. Automatic.

Damon Linker

David French was in the “Common sense. Obvious. Indisputable. Automatic.” camp, and he’s not going down without a final howl of protest:

It’s extremely difficult to square this ruling with the text of Section 3. The language is clearly mandatory. The first words are “No person shall be” a member of Congress or a state or federal officer if that person has engaged in insurrection or rebellion or provided aid or comfort to the enemies of the Constitution. The Section then says, “But Congress may by a vote of two-thirds of each house, remove such disability.”

In other words, the Constitution imposes the disability, and only a supermajority of Congress can remove it. But under the Supreme Court’s reasoning, the meaning is inverted: The Constitution merely allows Congress to impose the disability, and if Congress chooses not to enact legislation enforcing the section, then the disability does not exist. The Supreme Court has effectively replaced a very high bar for allowing insurrectionists into federal office — a supermajority vote by Congress — with the lowest bar imaginable: congressional inaction.

David French

I guess the Supreme Court considers whether it’s best to shade the law when following it fearlessly could unleash chaos. It’s days like yesterday that make that obvious, indisputable.

(H/T Kevin D. Williamson for the “Witless Ape” image; he minted it, and the linked item is a classic.)

The exceedingly long arm of Russian law

The media reported last week that Russian authorities had arrested Ksenia Karelina, a U.S.-Russian dual citizen, and charged her with treason for donating a nominal sum to an organization that aids Ukraine … The charges against Ms. Karelina are an assault on what it means to be American. The Russian state contends that for a U.S. citizen to make a donation to a U.S. charity and to attend a peaceful protest on U.S. soil is a punishable offense on arrival in Russia.

Dora Chomiak in the Wall Street Journal

Trump’s immunity claims

People who want Donald Trump tried, convicted and jailed before November, for acts while he was in office, have my sympathy, but as we head ever deeper into a tit-for-tat polarized political world, I must substantially agree with Lee Kovarsky instead: Trump Should Lose. But the Supreme Court Should Still Clarify Immunity. – The New York Times.

Trump’s immunity claims are far too broad, but ex-Presidents need at least narrow immunity. Running for high office is already so fraught that I question the sanity of anyone who runs. Add to the existing ugliness the prospect of criminal prosecution, with no possible immunity if the other party wins next time, and we’ll have nobody but saints and sociopaths willing to risk it.

Qualified Immunity

In Indiana, we have a political novice candidate for governor whose first major media buy was an ad with him sitting in a rustic church, slightly misquoting the Bible and earnestly telling us he’s a “man of faith.” It kind of turned my stomach.

The second major media buy was an ad with a well-spoken Rwandan refugee, who became his foster daughter, telling us he’s a “man of faith.” It was much more believable.

His third major media buy simplistically says that qualified immunity (over which governors have little or no control) protects police and so protects us and brillig, and slithey toves, gyring and gimbling in the wabe, and “as governor, your safety will always come first” (sic).

Eric Doden has now lost me for sure. Qualified Immunity, a court-created line-item veto, effectively turns “every person” in 42 USC §1983 into “precious few people.”

Miscellany

[Expletive deleted] AI

It is not possible to say definitively who negatively impacted society more, Elon Musk tweeting memes or Hitler. Both have had a significant impact on society, but in different ways.

Google’s Gemini AI via Nellie Bowles

Pride before the Fall

No, you dare not make war on cotton. No power on earth dares to make war upon it. Cotton is king.” Such words smacked of hubris, the excessive pride that goes before a fall. And so they would turn out to be, expressing a mistaken vision that would lead to cruel and tragic consequences for the South. Lulled into a false sense of economic security by the illusion that cotton was invincible and its prices would never fall, the South would become fatally committed to a brutal social and economic system that was designed for the lucrative production of cotton on a massive scale but that achieved such productivity at an incalculable cost in human and moral terms. It placed the region on a collision course with changing moral sensibilities in the world, and with fundamental American ideals.

Wilfred M. McClay, Land of Hope

Psychological Man

My grandfather left school at fifteen and spent the rest of his working life as a sheet metal worker in a factory in Birmingham, the industrial heartland of England. If he had been asked if he found satisfaction in his work, there is a distinct possibility he would not even have understood the question, given that it really reflects the concerns of psychological man’s world, to which he did not belong.

Carl R. Trueman, The Rise and Triumph of the Modern Self

Where paranoia is the mark of sophistication

In the offline world, paranoia is a liability. It inhibits you from seeing the world clearly. In parts of the online world, you’re considered a rube if you’re not paranoid, if you’re not seeing a leftist plot around every corner, if you’re not believing that Taylor Swift and Travis Kelce’s romance is a Biden administration psy-op that culminated with rigging the Super Bowl.

David French, Why Elon Musk Is the Second Most Important Person in MAGA



So: where did all my mockery of Trump go?

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

Simone Weil, from a letter to Georges Bernanos.

You can read most of my more impromptu stuff here and here (both of them cathartic venting, especially political) and here (the only social medium I frequent, because people there are quirky, pleasant and real). All 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.

Thursday, 6/30/22

Shamelessly ad hominem

Dave Portnoy can’t even deal right now. Shortly after the Dobbs news broke, the “barstool conservative” celebrity took to Twitter with an “Emergency Press Conference.” “I feel like I have to speak on this issue,” Portnoy announced. There followed 2.5 minutes of semi-coherent ranting, where he proposes that we are “literally going backwards in time,” that “maybe not everything is to a T in the Constitution,” considering it was written by “people who own slaves,” and that he’s pretty sure “95 percent of people in the country think like me — they’re socially liberal and financially conservative.”

Of course, it’s tempting to point out that this is the hot take we would expect from a guy who defended himself against charges of being a repulsive womanizing scumbag by countering that maybe he was, but he didn’t break the law. Portnoy would hardly be the first of his kind to wax vehemently eloquent on the sanctity of women’s reproductive autonomy. But his take also reflects the whole political oeuvre he represents—that areligious potpourri of sexual libertinism, anti-authoritarianism, anti-wokeness, and lots of f-bombs.

Bethel McGrew (emphasis added).

I don’t know much about Portnoy. I first paid attention to the phenomenon of “barstool conservatives” within the last month. But I like, and credit, the observation that keeping women “reproductively autonomous” is damned convenient for guys with Satyriasis.

Newly-salient

It is a crime, to take just one example, to aid and abet the forcible intimidation of government officials, including the vice president and members of Congress.

Andrew C. McCarthy, citing newly-salient Federal Criminal laws after Cassidy Hutchinson’s Tuesday testimony.

McCarthy continues:

In any event, Hutchinson explained that the speech, like all presidential speeches, was carefully vetted by staff. White House counsel Pat Cipollone and his staff pleaded for removal of the exhortations Trump was insistent on including — “fight for me,” “fight for the movement,” and so on. They were too close to the legal line of incitement. It was plainly foreseeable that the mob could take forcible action; if it did, White House lawyers feared that this rhetoric would place Trump squarely in legal jeopardy for whatever mayhem resulted — obstruction of congressional proceedings, intimidation of and assault on federal officials, and so on.

The rhetoric stayed in the speech.

So did Trump’s vow that he would be marching to the Capitol with the mob.

A mea culpa: I just assumed that Trump’s vow that he would be marching to the Capitol with the mob was just another of his (literally) innumerable lies to whip up mobs. But if you’re familiar with Hutchinson’s testimony, you now know that he was prevented from doing so by the Secret Service — and may have tried to wrest the steering wheel away from his Secret Service chauffeur.

On the observation that a lot of Hutchinson’s testimony was hearsay:

Still, a few things are worth bearing in mind. First, this isn’t just any hearsay — like idle chatter a witness might eavesdrop on. We’re talking here about a chain of command, where government officials are expected to report things to their superiors — in this instance, up to the president’s chief-of-staff. More to the point, Hutchinson learned these details just minutes after the encounter in the limo. Ornato came directly to Meadows’s office with Engel. As Engel looked on in apparent affirmation, Ornato relayed what had just happened to Hutchinson. Engel gave no indication that Ornato had gotten any of the details wrong. And if Hutchinson is lying or exaggerating, it’s strange that, under oath, she would voluntarily identify so many witnesses who could contradict her.

… [W]hen we say the committee lacks due-process legitimacy, that means it lacks legitimacy as an ultimate finder of fact. It does not mean that we can blithely dismiss any evidence the committee discloses. It does not mean that, because we’d prefer that the evidence not be true, we can dismiss it out of hand because we don’t like the Democrats or the committee process. These witnesses are testifying under oath. There is significant risk to them if they are found to have committed perjury.

For now, all we can responsibly do is ask ourselves whether the evidence presented under these deficient procedures seems coherent and credible ….

In that last assessment, confirmation bias is inevitable. To me, the evidence is coherent and credible.

Recommended: Damon Linker, After Roe: A Letter to My Teenage Daughter About the Dobbs Decision

Excerpt:

Many rejoiced at [Roe v. Wade], but it also angered lots of people—at first, mainly Catholics, who strongly opposed abortion, but they were soon joined by evangelical Christians and even some secular activists. These critics of Roe made two main arguments: first, that the decision was immoral because it declared that women had a constitutional right to murder their babies; second, that the decision was tyrannical because it negated democratically enacted laws.

Before long, those making these arguments came to be called the “pro-life movement.” For the past forty years, it has fought to influence public opinion and gain support in the legal community. That effort finally achieved its goal last Friday, after 49 years, when a Supreme Court majority took its side, declaring, in part, that enough Americans consider abortion to be murder that it should not be treated as a constitutional right; states should be free to permit or forbid the procedure based on the outcome of democratic debate.

I think Linker’s account is extraordinarily fair.

For whatever reason rooted in my emotional make-up, I have always been more in the “Roe was tyrannical” rather than “Roe was immoral” camp. Perhaps it’s because my pro-life awakening came when I was in Law School, already enrolled in a Constitutional Law class.

I believe I have written here that any state legislation on abortion would have a constitutional legitimacy that Roe and its progeny lacked. At least for now, that’s all I’m going to say about my position on what restrictions my state should enact, confident that it’s not going to declare a 40-week open season on the unborn, or even 20+ weeks. In a few weeks, when our legislature convenes, my attention will presumable sharpen.


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.

Genocidal White Nationalist Democrats of the 80’s

We’re hearing more and more that abortion is necessary to keep blacks, immigrants, etc. from outnumbering or overrunning us.

Some like abortionist Edward Allred put it crudely, offering to set up an abortuary in Mexico for free if he could.

Some put it nicely, like Geraldine Ferraro bewailing that Welfare mothers beget welfare mothers, and that it is awfully expensive to break that cycle.

So, Nat Henthoff observes, it’s not just a matter of individual rights. Abortion is a public service responsibility to keep the population down. Especially the ghetto population. 43% of those aborted are black.

The charge of genocide is sounding less like hyperbole, even as Jesse Jackson drops it to run for President. Congressman Steny Hoyer (D, Md.) asks what about a woman impregnated by Willie Horton? An anti-abortion Republican, cornered in private by a pro-abortion colleague, is asked ‘What if your daughter were raped by some black?’

The issue is not just whether women have the right to abort at will. It’s also whether abortion is being used as a method of controlling the minority population.

Josoph Sobran, October 26, 1989

* * * * *

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

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