Wednesday, 12/7/22

Today is my father’s 103rd birthday. I’m now officially past the "I wish he were still with us" stage (though he regularly appears in dreams), since he presumably would be pretty miserable if he were.

Yes, his 22nd birthday got quite a cloud over it.

Legalia

How long, O Lord?

How many times do Republican- and Trump-appointed federal judges have to totally smack down Team Trump arguments before the mainstream media stop insinuating that Republican judges uniquely cannot separate law and politics?

303 Creative

Cage Fighting comes to SCOTUS

I listened to about an hour of Supreme Court Oral Argument in Monday’s 303 Creative case.

I thought I was confused because I’m old and rusty, but two younger, un-rusty commentators, Sara Isgur and David French, flagged the argument as very low-caliber and peppered with lurid hypotheticals designed not to explore the the implications of each advocate’s position, but to make the advocates whose arguments they disfavored look monstrous.

In other words, it was more like a televised Senate hearing than an ordinary Oral Argument. (Pro tip: if you consistently defend free speech, you can be “hypoed” into defending really abhorrent speech. Get a backbone.)

I am relieved. I may be rusty, but it was a poor argument, courtesy of the Justices.

Look for very sharp dissents from the justices on the losing side, because both sides seemed pretty heavily-invested.

An academic frames the question

The question is whether civil rights protections properly include the suppression of speech that disagrees with legal norms, or compels speech that celebrates those norms. Alternatively: do artists (including web designers) have the freedom to depict what subjects they wish, and how—even if they take money for doing it, and even if their perspective is hurtful (to some people)?

Prof. Michael McConnell

Moore v. Harper

Prof. Akhil Amar’s oddly-compelling, low-tech podcast had a couple of podcasts (October 26 and followup episodes with Steven Calabresi) on the Independent State Legislature doctrine purportedly at issue in Wednesday’s Moore v. Harper SCOTUS oral argument.

For the first time, though, I’m now feeling misled by Prof. Amar. Wednesday’s Wall Street Journal features two pieces, one by the Editorial Board and one by lawyers, casting the controversy in terms that seem to make Prof. Amar’s argument peripheral if not irrelevant to the real issues.

Prof. Amar legitimately notes that each state legislature is created by that state’s constitution, and the boundaries of the “legislature” vary according to things like whether the governor has veto power, thus making him a part of the legislative process. This matters because elections are unusually entrusted not to the states generally, but specifically to their legislatures.

The Wall Street Journal pieces legitimately note that under no sane construal are state courts part of the legislative process. Thus, state courts have no role in overseeing federal elections, though federal courts may.

That is perhaps an over-simplification, but it struck me as a powerful point against the backdrop of state courts making up anti-gerrymander rules not found explicitly in their state constitutions, or overruling the legislature’s absentee ballot deadlines in favor of their own.

Maybe litigants took more extreme positions, justifying Prof. Amar’s characterization of ISL’s danger.

I expect SCOTUS, as I almost always do, to adopt narrow reasoning in Moore v. Harper — to deal with the case(s) at hand without sweeping pronouncements that they might regret later.

P.S.: I listened to a half-hour or so of arguments in the case Wednesday, and it seems that SCOTUS views the case more as does Wall Street Journal, less as does Akhil Reed Amar.

Trumpish

Snivelling cowards cool on Florida Man

He used us to win the White House. We had to close our mouths and eyes when he said things that horrified us.

Mike Evans, a former member of Trump’s evangelical advisory board, via Michelle Goldberg

You only had to close your mouth if you valued power and proximity over integrity. Don’t come snivelling to me now.

Pissing away Georgia — again

I’m gratified at the loss of Herschel Walker in the Georgia runoff for U.S. Senate.

I loved Walker as a football player. I probably could tolerate him as a former football player, bastard children and absentee fatherhood notwithstanding.

But his only claim to qualification for the U.S. Senate is that Florida Man endorsed him and encouraged him, despite patent unfitness intellectually. And when his sins found him out, his response was not that of a repentant Christian, but of someone with a sense of entitlement.

To drive a stake squarely through Florida Man’s heart, I only wish Walker had lost by more. He now has twice cost the GOP some national elective offices from Georgia that really should have been theirs:

All of this [context of Trump behavior] predictably helped make the runoff a fractal of the larger 2022 pattern: Under Trump’s influence, with Trump’s preferred candidates, the Republican Party first sacrificed a potential Senate majority and then sacrificed one more Senate seat for good measure.

Ross Douthat

Unrealistic, but instructive nonetheless

National Review’s Charlie Cooke would like a word with those arguing that, because Donald Trump’s call to suspend the Constitution won’t be heeded, it doesn’t really matter. “During the closing days of the 2020 election, I wrote repeatedly about the seriousness of Joe Biden’s refusal to reject his party’s growing demand to ‘pack’—i.e. destroy—the United States Supreme Court,” Cooke writes. “Not once did I receive an email from a Trump voter telling me that my alarm was misplaced on the grounds that, in all likelihood, Biden would not have the votes to do it. Back then—and rightly so—the mere fact that Biden was entertaining the idea was deemed instructive: ‘When people tell you what they want to do with power,’ my correspondents invariably opined, ‘you should believe them. Joe Biden cannot be trusted with power.’ Well, so it is with Donald Trump once again. … American patriots do not seek to overturn legitimate election results or recommend the suspension of the United States Constitution; they respect and defend both at all costs. Donald Trump is not a patriot. He is, in his heart of hearts, a tyrant. Take note, America.”

The Morning Dispatch


[S]ubordinating truth to politics is a game which tyrants and bullies always win.

Jonathan Rauch, The Constitution of Knowledge

To believe that wealth is the only significant measure of the worth of an individual, a family, or a community is to reject the teaching of nearly every religion and wisdom tradition that ever was.

Mark Mitchell and Nathan Schlueter, The Humane Vision of Wendell Berry

The Orthodox "phronema" [roughly, mind-set] cannot be programmitized or reduced to shibboleths.

Fr. Jonathan Tobias

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.

Saturday, 7/16/22

Bankrupt

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

Axios (emphasis added).

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

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

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

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

From Friday’s Morning Dispatch

Hate crime

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

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

A pox on both houses

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

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

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

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

Internet delight

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

Lost, Not Stolen

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

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

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

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

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

Temporary truce

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

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

Nellie Bowles

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

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

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

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

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

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

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

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

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

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

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

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

Bridges: Are you? Are you?

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

Bridges: Do you believe that men can get pregnant?

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

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

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

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

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

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

Against aspiration

Wow!:

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

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

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

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

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

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

Leaving behind aspiration – by FFatalism

The Machine speaks

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

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

R.S. Thomas, Collected Later Poems


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

Anthony Esolen, Out of the Ashes

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


	

Cantakerousness (and more)

Errata

Just because I’m infallible shouldn’t mean I don’t get to correct things. I’ll just correct other people.

Just about everyone on rube book-banners

To the best of my knowledge, Maus hasn’t been banned anywhere. I believe it was removed from the curriculum (not from the library even) of just one school district in Tennessee, for dubious or petty reasons (although there were pretty good ones, such as "graphic novels are comic books puttin’ on airs"). The "controversy" is mostly the prestige press and progressive trolls who just can’t get enough of mocking people in flyover country, with an assist from the author hinting that folks in McMinn County probably are Nazis ("I moved past total bafflement to try to be tolerant of people who may possibly not be Nazis, maybe ….")

I checked my memory with a DuckDuckGo search "What really happened in Tennessee with Maus?" and found that CNN (the top hit, actually) accurately reported the curricular nexus even in its headline while every other top hit save one (a pro-Trump "there go the libs hatin’ on normal folks again" gloat) falsely referred to "ban" in the headlines.

Doomsayers on civil war

I don’t really follow Jamelle Bouie, a young, black, progressive opinion columnist at the New York Times, but Tuesday’s column decidedly caught my eye: Why We Are Not Facing the Prospect of a Second Civil War‌. Like many in his introduction, I’ve been worrying that we are facing civil war (a prospect that renews my near-pacifism).

He describes "the inexorable syllogism of King Cotton", and how the 1850s and the election of Lincoln threatened it all:

[T]he American South produced nearly all the world’s usable raw cotton; this cotton fueled the industrial development of the North Atlantic; therefore, the advanced economies of France, the northern United States, and Great Britain were ruled, in effect, by southern planters.” The backlash to slavery — the effort to restrain its growth and contain its spread — was an existential threat to the Southern elite.

That people fervently hate each other today matters little. The key question is

whether that hate results from the irreconcilable social and economic interests of opposing groups within the society. If it must be one way or the other, then you might have a conflict on your hands.

All of our conflicts can be compromised. There are no existential threats to anyone — only LARPing about "the end of America as we know it." We can still split differences or agree to co-exist while disagreeing.

Glad I read it, and I recommend it. It’s too abbreviated to be overwhelmingly convincing, but the arguments that we are headed for civil war have mostly been abbreviated as well. For three other "no civil war" opinions, see here, here and here

Journalistic Credulity

It should be clear to any reporter that a national security source who whispers not only the alleged date of a coming invasion, but the number of days of aerial bombardment and the war’s expected level of horror and bloodiness, is either yanking your chain with a fairy tale, or using you, or both. Reporters on this beat nonetheless repeated this tale over and over, as if it were patriotic duty.

Matt Taibbi (my subscription to whom soon ends)

Is Putin Winning?

What Russia got by holding a gun to the head of Ukraine for the sake of raising its security concerns to top of mind among Western interlocutors was recognition from the United States as a major military force to be reckoned with in conventional as well as nuclear arms. And there were indications in the written U.S. response to the Russian draft treaties that significant agreements could be reached on limiting war games in Europe, on controlling or banning intermediate range nuclear capable missiles in Europe, on maintaining normal channels of communication open between the military and civilian leaders on both sides. The policy of isolation, denigration of Russia and dismissal of its security interests that dated from the Bush and Obama administrations, and in which Biden himself had participated as formulator and implementer, was now abandoned so long as Russia did not in fact invade Ukraine.

Gilbert Doctorow

Push-back

Reality+?

Reality Minus. It’s a bit rich for David Bentley Hart to note that someone else’s book is “a much, much longer book than it has any business being” and that its author fails to be “a concise expositor of ideas.” But Hart’s critique of David Chalmers’s arguments in Reality+—arguments that lead Chalmers to deem it sensible to want to “emigrate” from the physical world to some future virtual realm—is spot on: “To prefer the comfortable shelter of a simulated environment to the mysterious, wild, prodigal beauty and sublimity of life and mind — of psychē — that exist in vital nature, or even to be able calmly to contemplate absconding to the former in the aftermath of the latter’s eclipse, seems to me worse than pitiable.

Front Porch Republic (emphasis added)

It’s my strong feeling that the Metaverse is a dystopian horror, and it would be even if Mark Zuckerberg wasn’t into it commercially. But then I was shocked a few years ago to learn that a lot of college students thought (think?) Brave New World is a utopian novel.

Our foolish consistencies

A foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines. With consistency a great soul has simply nothing to do. He may as well concern himself with his shadow on the wall. Speak what you think now in hard words, and to-morrow speak what to-morrow thinks in hard words again, though it contradict every thing you said to-day. — ‘Ah, so you shall be sure to be misunderstood.’ — Is it so bad, then, to be misunderstood? Pythagoras was misunderstood, and Socrates, and Jesus, and Luther, and Copernicus, and Galileo, and Newton, and every pure and wise spirit that ever took flesh. To be great is to be misunderstood.

Ralph Waldo Emerson, brought to my mind Sunday by Ross Douthat, whose brief is more limited than Emerson’s: the foolish consistency that repeatedly plagues American law (and debases American culture), most recently in the explosion of commercial gambling and open storefront marijuana dealing.

No heart, no problem

The deep thinkers have figured a way around the unique Texas abortion law. Since it forbids abortion after a heartbeat is detected, it only applies if there’s a heart, whereas a six-week preborn child has only "a primitive tube of cardiac cells that emit electric pulses and pump blood."

So glad they explained that.

Pardon me or I’ll kill you, too

A Pakistani man sentenced to life in prison in 2019 for strangling his sister, a model on social media, was acquitted of murder Monday after his parents pardoned him under Islamic law. Waseem Azeem was arrested in 2016 after he confessed to killing Qandeel Baloch, 26, for posting what he called “shameful” pictures on Facebook. He was convicted of murder and sentenced to life in prison but his parents had sought his release. Islamic law in Pakistan allows a murder victim’s family to pardon a convicted killer.

Wire Report, page B1 of the Lafayette Journal & Courier, 2/15/22

Newsworthiness

According to mass communications theorists Maxwell McCombs and Donald Shaw, the mass media is no good at telling people what to think but is stunningly good at telling them what to think about.

Alisa Miller, Media Makeover.

Arguably (I’m tempted to say "probably") the worst media bias is in what the media choose to report, not how they choose to report it.

No good reason to oppose this one

The only members in Congress who might not want to reform [the Electoral Count Act] are those planning its imminent exploitation to overturn the next presidential election.

J. Michael Luttig, retired U.S. Circuit Court of Appeals judge.

Miscellany

Cultural Relativity

I married very young.

Spoken by British philosopher Kathleen Stock, of her marriage at age 25 to a man she met at 19.

I guess I’m living on the wrong side of the tracks, where we marry insanely young, like 23 (me) and 21 (my wife). It seems to have worked out fairly well, though.

Self-reliance

The Census Bureau’s latest Business Formation Report found Americans are founding companies at an unprecedented rate, with the number of applications to start new businesses jumping 53 percent in 2021 from pre-pandemic levels.

The Morning Dispatch, 2/16/22.

Sympathetic to Distributist economics, I love capitalists so much that I want to see millions more of them.

Many of these new businesses will fail, no doubt, as new businesses tend to do. But I will count it as a silver lining if Covid disenthralled people of the idea that wage slavery is their only option.

R.I.P., P.J. O’Rourke

As soon as children discover that the world isn’t nice, they want to make it nicer. And wouldn’t a world where everybody shares everything be nice? Aw … kids are so tender-hearted.

"But kids are broke — so they want to make the world nicer with your money. And kids don’t have much control over things — so they want to make the world nicer through your effort. And kids are very busy being young — so it’s your time that has to be spent making the world nicer. For them. The greedy little bastards.

The late P.J. O’Rourke

How matters as much as what

Joining in the widespread hope that Roe v. Wade will be reversed this year, Hadley Arkes argues that how, and with what tropes, SCOTUS reverses will be quite important:

Imagine if the justices to were to uphold the Mississippi law and say something like the following:

The case has been amply made by now, in the settled findings of embryology, that the child in the womb has been human from its first moments, a distinct life, not merely a part of the mother’s body. The legislature in Mississippi is amply justified in extending the protections of the law over this small human being, residing for a long moment in her mother’s womb. It falls to the states to weigh the question of when it would be justified to take this human life, with the same standards of judgment that enter into gauging the justification for the taking of any other human life. And so this matter should be returned to the domain in which citizens and their legislatures are free to deliberate again on the question of how the taking of life here will be measured in their standing laws on homicide.

That reasoning is straightforward and simple. It is also strikingly different from sending the matter back to the states with these words of guidance:

The question of when human life begins, or what is to be regarded as a human life in any stage, has been a controversial matter, heatedly debated, eluding consensus, and inflaming our politics. The judges who form this Court have no clearer answer to those questions than the answers that may be supplied by the first nine names in any telephone directory. And as the locale shifts to cities and states, so too will the temper and “values” borne by those first nine names. We therefore send this matter back for people in the states to deliberate upon again—to make their own “value judgments” on when human life begins, and on when that developing life commands the obligation of the law to protect it.

Surely, these divergent approaches mark the most notable difference. The first approach invites the American people to deliberate seriously again on the question of what justifies the taking of an undeniably human life. The latter steers around any serious deliberation, for it is framed with the premise that there is no truth by which to gauge our judgments …

… The dictum “equal protection of the law” is built then into any rule of law, even if not made explicit. Some judges at the state level will construe the “equal protection of the laws” as a clear challenge to laws that place limits on abortion. For as the line will surely go: It is the most patent discrimination on the basis of sex to forbid this surgery, performed solely on women, and in certain cases desperately wanted by women.

We have seen the signs already that judges in the states will find this “right to abortion” to be implicit in their state constitutions. But the seed for a resistance may be planted if the Court sends the matter back to the states with this simple point recalled and put in place: The child in the womb has been nothing less than a human life from its first moments, and it has never been merely a part of its mother ….

I can only begin to imagine how the Blue Stack* would react to moral clarity, not procedural arcana, coming from the highest court in the land.

[* Zaid Jilani describes the "Blue Stack" thus: "The institutions successfully driving this push for ideological conformity across American life—progressive nonprofits, large portions of the news media, woke corporations, Democrats in government—can collectively be called the “blue stack,” which represents an enforcement mechanism for the ruling ideology to express hegemony over American democracy."]

The San Francisco precedent

As a matter of governance, Tuesday’s [San Francisco School Board] recall was an example of local citizens asserting local control.

As a matter of precedent, however, the recall had a greater meaning. It represented the triumph of reason over radicalism. It provided an example not of how the right can beat the left, but rather of how the left can regulate and reform the left—an example that can and should be emulated on the right.

David French

Blue Collar and White? That Changes Everything

Damon Linker penetrates to at least a somewhat deeper meaning of the Canadian truckers’ convoy. (When protests aren’t progressive‌)


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.