Fall’s Eve

I, like many, consider September 1 the start of Autumn. In fact, I advance all seasons by 21 days. And most of the time the earth is flat. I thought you might want to know.

What lawyers are doing lately

If it ever appears that projects are being bogged down in legalese, I would posit that it is not because too many lawyers are involved but rather than an appropriate number of lawyers is trying to, and I am choosing my words carefully here, stop stupid shit being done. They are not always successful but at least they try.

So if it ever appears that infrastructure in America doesn’t get built any more and that nothing ever gets done, it is because the doers of this country have, for the most part, become obsessed with doing stupid shit.

Which is to say, I would be ecstatic if any of my children wanted to pursue a career in law; and I would strongly consider disowning them if they went into finance.

Miloš Miljković

Status versus contract redux

Steve Robinson, who always leaves me wanting more so rarely does he blog or podcast, has fostered 50 boys over the years, housed his dying father-in-law, housed his dying parents, and now is housing his daughter’s family of three. Somewhere along the way, the coin dropped:

We have all embraced the idea that a multi-generational home is not a financial “last resort”, a rescue operation, a pit stop to self-sufficiency, or an end game for losers. It is how families normally (should) exist. A multi-generational household is a world-wide cultural norm, a given, not an embarrassing alternative lifestyle choice, pragmatic financial arrangement (nor even an admirable “noble sacrifice”) that says to the world “we cannot afford to sustain our nuclear, self-sufficient family or pay our medical bills”. In short, we all understand that living together as adults with kids is “normal”… even when it is difficult. None of us see ourselves as the recipients of some mercy, condescension, assistance, or being given a “loan” that will come due in some future emotional hostage taking family battle.

This is very not-America-in-2026. There may be a Chud in the basement, but nobody’s happy about it.

I don’t think living with my son’s family will ever be a financial necessity for my wife and me. And my late father-in-law made it his grim mission never to be dependent on his children as his mother was dependent on him after his father’s premature death. I’ve re-written this rest of this paragraph repeatedly; suffice that he succeeded in never becoming a financial burden.

But here’s the thing: I’ll take that burden 9 days out of 10 over the statist individualism of Sweden:

Swedes have come to prize relationships entered into freely rather than maintained by material necessity. Public child care helps women avoid financial dependence on husbands, state old-age homes liberate children from obligations to ageing parents, and so on. (Even marriage is a bit suspect: in France or Germany households are the basic unit of taxation, but in Sweden all adults file independently.) American parents sending their offspring to college must submit proof of their incomes for the youngsters to qualify for scholarships. In contrast, young Swedes are assumed to be on their own: the income of their parents is irrelevant. Their independence is a gift of the state, expensive as it is to sustain.

It’s reprise of what we used to talk about as “status versus contract.” Life without status-based obligations to other people sounds pretty terrible to me.

On this blog’s trajectory

While writing the preceding item, I thought that I must have written something or a few things around October-November 2014, when my wife and I each lost our surviving parent within two weeks and 5 hours of each other. Indeed I did, and I like what I wrote. I think it’s kind of timeless..

Nonsectarian Prayer

I had forgotten that the perfect nonsectarian prayer for public meeting was written many decades ago by one of our greatest writers:

Our nada who art in nada, nada be thy name thy kingdom nada thy will be nada in nada as it is in nada. Give us this nada our daily nada and nada us our nada as we nada our nadas and nada us not into nada but deliver us from nada; pues nada. Hail nothing full of nothing, nothing is with thee.

Ernest Hemingway, A Clean Well-Lighted Place

(I prefer no prayer to “nonsectarian” prayer, and that’s a preference of many decades’ duration.)

Legal news, one click down from SCOTUS

The Institute for Justice publishes a weekly collection of pithy case summaries from U.S. Circuit Courts of Appeal:

New Hampshire parents (and a grandparent) are barred from school property after wearing pink wristbands at high school soccer game in protest of a trans player on the visiting team. First Circuit: Seems like a First Amendment problem.

During an oversight visit to a federal immigration facility, N.J. congresswoman has a confrontation with federal officials. She’s later charged with assaulting, resisting, or impeding a federal officer. She claims immunity under the Speech and Debate Clause and alleges vindictive prosecution. Third Circuit: She loses on two of the counts against her and we remand on the third. Dissent: Sure seems like she’s being treated worse than Jan. 6 defendants.

Allegation: Woman peacefully protests fatal police shooting by grilling hot dogs and hamburgers outside Lafayette, La. mayor’s house. She is arrested for obstructing the roadway, which she wasn’t, and strip searched at jail. Unlawful retaliation for speech? Unconstitutional arrest without probable cause? Fifth Circuit: Qualified immunity. Dissent: Qualified immunity is made up and wrong, and also it doesn’t apply here.

Student visiting Michigan court as part of a vocational program falls asleep while judge is giving career advice. Yikes! The judge has her locked up for several hours and then puts her on fake trial. She sues. Judge: The “trial” may have been fake, but I am a real judge entitled to real judicial immunity. Sixth Circuit: We’ll give you points for chutzpah, but not immunity.

Is possessing virtual, AI-generated child sexual abuse material in the privacy of the home protected by the First Amendment? Seventh Circuit: Under binding precedent, yeah, it seems to be protected. Two-judge concurrence: Perhaps SCOTUS should give a fresh look-see to its early-aughts precedent on this subject.

Arkansas sex offender serves most of his 30-year-sentence, is granted parole, and seeks to live on property owned by family trust. Yikes! His parole officer fabricates a nonexistent daycare nearby and bars him from living there—a situation that other officials, apprised of the lie, do not remedy. A due-process violation? Eighth Circuit: There is no constitutional right to early release, so no.

Short Circuits excerpts for August 28. You can subscribe for free.

I’m a big first amendment guy, but virtual, AI-generated child sexual abuse material, even in the privacy of the home, strikes me as beyond the constitutional pale. I do remember Thomas Becket’s passionate admonition against punishing merely dangerous Richard Rich, but possessing kiddie porn is more than dangerous.

Celibacy, Chastity, Abstinence

Kevin Williamson, after a great accounting of Why Everybody Hates Capitalism, distinguishes three things that too often are treated as synonymous:

Celibacy, properly understood, does not refer to a state of sexual abstinence per se—it refers to the state of being unmarried or the state of having sworn off marriage, with the understanding that Christian morality requires sexual abstinence as a consequence of the unmarried state. Chastity, in the Christian moral vocabulary, does not refer exclusively to sexual abstinence, either, but to keeping sex in its place: Catholic doctrine speaks of chaste marriage, meaning one in which the dual unitive (we Catholics love our jargon) and procreative functions of sex are properly integrated into the marital relationship. Chastity may mean abstinence in one context and forbid practicing abstinence in another. Abstinence, of course, is the word for what often is meant by celibacy: abstaining.

Maybe some day he’ll get around to “immaculate conception,” too (which I didn’t capitalize because Orthodoxy holds no such doctrine, but I nevertheless know what it means).

Power to pick up and leave

British political commentator David Goodhart argues that globalization has created two types of people—the anywheres and the somewheres. The anywheres enjoy the benefits of the new networked world. They move comfortably through cyberspace and around the physical world. Their identity is the identity of the global network. The ability to move around networks freely is the new marker of power. Power is the ability to live in multiple places at once. To have the power to pick up and leave. The sense of meaning traditionally found in “place” is replaced with the freedom found in the app.

Mark Sayers, A Non-Anxious Presence

Shorts

  • I can’t figure out what made her so loveable. I think it was the sincerity of her artificiality—that she put herself together in the most artificial way possible, but believed in it like a kid believing that a cap pinned to his shoulders could make him fly. When she talked and sang, she was completely direct and honest, even into old age. The rhinestones were heavy, she told a family member, so she wanted to rest on a fluffy bed of cotton in the casket. She was one of a kind. (Frederica Mathewes-Green)
  • Under the circumstances, handing Darline Graham a Senate seat is tantamount to handing Trump himself a Senate seat. It’s akin to Caligula installing his horse in the chamber, this time with the people’s consent. Which, as others have noted, makes last night’s result feel like a logical outcome for the modern GOP. (Nick Catoggio)
  • The actual power of an undergrad Red Guard scrutinizing a candidate for some small-time faculty position he is ultimately thankful he did not get is nothing compared to the power of an unelected tech boyar and his greasy shock-troops dismantling the federal government. (Justin Smith-Ruiu)
  • Vote Republican. Vote red otherwise we’re all dead. … Your support of the Democrat party makes me seriously question how much I’m going to talk to you in the future. I don’t talk to democrats. They’re filth. Period. (Alleged remark of a clergyman grooming an emotionally fragile teenage girl) in the late twenty-teens.
  • How firm. How furious. How fleeting. (Frank Bruni’s description of one current Republican candidates reaction to January 6. I won’t name the candidate because it fits about 90% of the GOP.)

Elsewhere in Tipsyworld


Your enemies are not demonic, and they are not all-powerful and the right hasn’t always lost and the left hasn’t always won. But if you convince yourself of that, you give yourselves all sorts of permission to do a lot of stupid and terrible things under the rubric of “Do you know what time it is?”

Jonah Goldberg

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 my favorite no-algorithm social medium.

Birth of John the Baptist

So far as I know, we have little or no evidence for when John the Forerunner/Baptist was born, but both Orthodox and Roman Catholics commemorate it on June 24. It’s a big enough deal that my parish had a liturgy for it.

The rest of this post has nothing to do with that.

At Stake in Harvard Grants

Harvard is unique both in the volume of its research output and the extent of these cuts — the government has threatened to end every research dollar to the university. The canceled grants accounted for here add up to about $2.6 billion in awarded federal funds, nearly half of which has already been spent according to government data.

“Even ‘grant’ is a problematic word, because people think they’re just sort of handing this money out for us to do what we want with,” said Marc Weisskopf, who directs a center for environmental health at Harvard that lost its funding from the National Institute of Environmental Health Sciences.

On the contrary, the government is much more explicit in competitive research applications and grant reviews: It wants more neuroscientists. It wants better opioid treatment. It wants to know how lightweight origami-inspired shelters and antennas can be unfurled in war zones.

The money the government sends to Harvard is, in effect, not a subsidy to advance the university’s mission. It’s a payment for the role Harvard plays in advancing the research mission of the United States.

This is the science model the U.S. has developed over 80 years: The government sets the agenda and funds the work; university scientists design the studies and find the answers. The president’s willingness to upend that model has revealed its fragility. There is no alternative in the U.S. to produce the kind of scientific advancements represented by these grants.

Emily Badger, Aatish Bhatia and Ethan Singer, Here Is All the Science at Risk in Trump’s Clash With Harvard

GOP 2012 redux

Many have made the point, but it’s nonetheless true: Presidents can now do pretty anything they want in foreign policy without seeking congressional authorization, provided it involves dropping bombs on other countries.

Five months into the second Trump administration, isn’t it astonishing that we have a Republican president: pushing for passage of a budget bill that cuts Medicaid and Medicare; pursuing an immigration policy focused on workplace enforcement, deportation of non-criminals, and the encouragement of “self-deportation”; and a happy John Bolton cheering the bombing of Iran? After a decade of debates about What Trump Means for the Right, we’ve ended up governed by the GOP circa 2012, as if the Trump administration were just the asshole version of the Romney/Ryan administration we were spared by Obama’s successful bid for re-election that year.

Damon Linker

Received financial wisdom

The longer I live, the more I appreciate that we can’t know everything, and that we live our lives mostly on the basis of trust. What we trust depends largely on our milieu (the polite term for “tribe” for present purposes), despite trying to avoid echo chambers.

Several of my social media cyberfriends (see footer) are living quite counterculturally, and one of them introduced me to the Dense Discovery newsletter. I probably give it awfully short shrift most weeks, but today caught my attention and led to something pretty thought-provoking, starting with a graph:

Okay, but let’s talk about the prescribed wealth hoarding model in the United States, otherwise known as prudent financial planning (supposedly). The conventional advice from financial planners is that people of my age are supposed to accumulate something like $1 million in order to retire. Or maybe $1.5 million.1 In case you’re not hip to the logic here – I wasn’t until I married a very specific kind of nerd – we’re supposed to amass so much wealth that we can live off the interest and dividends until we die. It’s not enough to save what we’ll need to make it to the end of our life; we need (ostensibly) way more than that. We need to accumulate so much wealth that we can live off the wealth that our wealth earns. We need – we are told – enough that we never have to touch the principal, and we can pass our wealth along to our next of kin, whoever they may be.2

Interdependence is My New Retirement Plan – by Lisa Sibbett

My father, a professional, seemed to live fairly consistently with the values Lisa Sibbett suggests. My widowed mother had enough and to spare, but their church saw a lot of money over the years, too, and his kids occasionally got gifts at the end of a bountiful year.

My father-in-law, a tradesman, lived the “conventional advice from financial planners,” and we are now benefitting from his success at that model.

I’ve lived somewhere in between those two models. Though I (credulously?) aspired to the “conventional advice” model, I just couldn’t resist living life along the way, and not waiting until I was properly fixed for life. Unlike my parents’ generation, I did not live through any Great Depression and didn’t feel that possibility in my bones. I don’t regret it.

One caveat with Sibbett’s approach is that it requires long-enduring personal bonds. You’ll need to sink roots somewhere, and that somewhere will need to be where others are sinking roots as well. It requires long-enduring personal bonds. It’s not for individualist nomads.

The unmentionable elephant in the room

I confess that I struggled with the reasoning of the Supreme Court in Skrmetti although I reluctantly welcomed the outcome.

I was not alone. Josh Blackman and Hadley Arkes (not a lawyer, but an Amherst professor of Jurisprudence) were in the same position as me, but Arkes in particular pointed to the root problem:

The truth that dares not speak its name here is that this wide array of gender-affirming therapies and surgeries is simply predicated on a falsehood. And yet those are the words that the conservative justices apparently see themselves as barred from speaking. Something in conservative jurisprudence holds them back from appealing to the inescapable and objective truth that lies at the heart of these cases. But without it, what were these accomplished jurists able to explain here? What was their ground of justification in overriding the judgments of those parents who were absorbed in the grief and confusion that seized their children? . . . .

The only “instruction” that would be relevant, Justice Thomas, is the unyielding fact that the child is in a state of confusion: he is not occupying some body apart from his own; his sex was not “assigned” at birth but marked inescapably in the organs of reproduction, in the arrangement of his body. His sex is immutable and printed plainly upon him.

Those were the words that Chief Justice Roberts and five colleagues could not move themselves to speak. Or they thought they were constrained from speaking by a jurisprudence that bars them from invoking truths beyond the text of the Constitution—even on the question of what is a human being, the bearer of rights, and when does that “human person” begin? . . .

Without those points in place, the judgment of the Court simply dissolves into a chain of ipse dixits. Why was it not legitimate for the parents of stricken youngsters to order the procedures that might relieve their “gender dysphoria?” Answer: The legislature of Tennessee did not think it a legitimate medical remedy to choose—even though the children and the parents did not share that judgment and were willing to take their risks. One judgment had to prevail, and it was the judgment backed by the power of the State. To put a high finish on it, that “power” represented the authority of a people to govern itself through elected representatives. But when the people speak through their representatives, and override the judgments of parents about their children, they are still obliged to say something more than “we have brute the power to impose this judgment through brute enactment of the law.”

Arkes singles out Justice Thomas, I suspect, because he said “so-called experts have no license to countermand the ‘wisdom, fairness, or logic of legislative choices.’” (Justice Thomas, concurring in U.S. v. Skrmetti, via Eugene Volokh.) Arkes’ re-formulation, I guess, is that the legislature can tell the experts “your elaborations are predicated on the falsehood that a person can be inhabiting a body of the wrong sex.”

That’s not the end of the story, but it’s a starting point for re-writing a story written up to now by activists hiding something only a few clicks less deranged than the whack-a-doodle Chase Strangio ideology:

Strangio disputed that a trans woman could be “born with a male body” or “born male”; in his view, a trans woman was born a woman just like any other woman. There was no such thing as a “male body,” Strangio told his colleagues: “A penis is not a male body part. It’s just an unusual body part for a woman.” Before the advertisement aired, Strangio elaborated on his critique in an article in Slate. “Many advocates defend the use of the ‘born male’ or ‘born with a male body’ narrative as being easier for nontransgender people to understand,” Strangio wrote. “Of course it is easier to understand, since it reinforces deeply entrenched views about what makes a man and what makes a woman. But it is precisely these views that we must change.”

My own position hasn’t changed in 39 months. I think we’re still seeing a cultural contagion of trans claims in adolescents and must be very cautious – which is a bit easier now that even Strangio has given up on the “live son or dead daughter” emotional blackmail.

Patience, Mercy, Tolerance

For defenders of political liberalism there is perhaps no more pressing problem than this: How do you make a compelling case for liberalism in an era of ascendant [illiberalism or] strong gods? The idea of “strong gods” comes from the book Return of the Strong Gods by R. R. Reno, editor of the conservative ecumenical journal First Things.

By “strong gods” Reno means the kind of visceral or agonistic forces that can compel political or social action through deeper existential or even guttural appeals. The strong gods work not by chiefly targeting the intellect, but the appetites.

Michael Reneau, Evan Spear, and Jake Meador, A Virtue-Centric Argument for Political Liberalism (shared link). This article was welcome in light of the ascendance of various illiberalisms.

With a little help from AI, I got this summary table:

VirtueRole Against Postliberalism & Strong GodsRoot/Source
PatienceProvides long-term perspective, allowing growth and changeChristian theology & history
MercyBreaks cycles of retribution, fosters trust and forgivenessScripture, Shakespeare
ToleranceIntellectual humility; suspends harsh judgment; enables coexistenceLiberal philosophy & Scripture (e.g., parable of wheat and tares)

Wordplay

I know every one of these carries political freight, but that’s the burden of many writers these days:

  • Glenn Thrush, Alan Feuer and Adam Goldman remarked on the right-wing ire confronting Patel and Pam Bondi, the attorney general, as they fail to substantiate the accusations that they hurled in their bid for power: “They are running what amounts to a conspiracy theory fulfillment center with unstocked shelves.” (Jeff Lebsack, Buffalo, and Marianne Painter, Tacoma, Wash., among others)
  • In The Financial Times, Edward Luce worried that certain scenes from the Los Angeles protests played into the president’s hands: “Every rock hurled lands like a penny in Trump’s wishing well.” (Todd Lowe, Simpsonville, Ky., and Al Gallo, Huntersville, N.C., among others)
  • In The Washington Post, Philip Bump expressed skepticism about the government’s claim that immigration officers must wear masks for self-protection: “We should not and cannot take ICE’s representations about the need for its officers to obscure their identities at face value.” (Patrick Bell, Carmichael, Calif.)
  • Also in The Post, Dana Milbank took in Trump’s pleasure at some sycophantic Republicans’ suggestion that the D.C. Metro be renamed the “Trump Train”: “It’s a great idea. Qatar will donate the subway cars, which will be powered by coal. Passengers will pay for fares with cryptocurrency after first showing proof of citizenship. And the trains will reverse themselves regularly and without warning — never quite reaching their original destination.” (Mary Ellen Maher-Harkins, Orwigsburg, Pa., and Stan Shatenstein, Montreal)

Via Frank Bruni

Ceci n’est pas un phone

Methaphone. Like Methadone. Get it?

In case you’ve been wondering …

No, you’re not imagining it. The main source of political violence in the USA in this century has been right-wing, not left. Jamelle Bouie, Right-Wing Violence Is Not a Fringe Issue:

It is simply a fact that the far right has been responsible for most of the political violence committed in the United States since the start of the 21st century.

I had been wondering, because there has been some leftwing violence against persons, and much against property.

Poor fit

If it seems that America’s colleges and universities are poorly suited to the average American eighteen-year-old, perhaps that’s because they were never designed to serve him.

Oren Cass, The Once and Future Worker


Your enemies are not demonic, and they are not all-powerful and the right hasn’t always lost and the left hasn’t always won. But if you convince yourself of that, you give yourselves all sorts of permission to do a lot of stupid and terrible things under the rubric of “Do you know what time it is?”

Jonah Goldberg.

Trumpism can be seen as a giant attempt to amputate the highest aspirations of the human spirit and to reduce us to our most primitive, atavistic tendencies.

David Brooks

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 my favorite social medium.

Doubling down on dumb

National Review’s Jonah Goldberg has written another liberal-baiting book, The Tyranny of Clichés: How Liberals Cheat in the War of Ideas. The American Conservative’s Scott Galupo reviewed it a few weeks ago and revisited it today.

What I get from today’s piece is a reminder that movement conservatism is no less riddled with clichés than is liberalism.

I can’t tell a heckuva lot of difference between Republican and Democrat policies day-to-day, political rhetoric aside, on matters of business. Both are beholden to Wall Street. Neither has anything worthwhile to say about the bizarre and ominous development of “finance” ceasing to be a utility for real industry and having become a very, very lucrative (however temporarily) and major industry in it own right.

This fabulous industry brings us wonders like this, in connection with which which Scott McConnell comments:

I remember a time when financiers who talked about themselves in such language  would have been laughed at — yes, even in the Hamptons. There was a Wall Street, and people who worked there made good money.  But Americans’ admiration went to the people who actually created tangible goods or developed innovative products. Talent, drive, dedication were admired, and there  was no big brief for a leveling equality. No one thought that Henry Ford (before my time, actually) contributed no more to the common good than the average assembly line  worker. But neither did anyone believe in the absurdity that financiers –the lubricants perhaps of a successful economy–were synonymous with the engine itself.

When it comes to economics, in short, the Republicans are doubling down on dumb, at least rhetorically. I have to consider the possibility that they mean it, unlikely as that is in politics.

Understand: from religious freedom to liberal groin pieties (Obama’s support for abortion, gay marriage and his refusal even to defend DOMA being notable) and probably several less important things, I’ve got huge issues with Obama. It is unlikely that the Republicans could disgust me enough into voting for him.

But don’t try to sell me the “voting for anyone but Romney is voting for Obama” crap. I didn’t vote for him in the primary and you can’t foist him on me now and tell me I’ve got to vote for him. Just watch me.

Or rather (the secret ballot not yet having been abolished by some Orwellian “Patriot Act”) just guess how I’ve voted as I leave the polls, green at the gills at the nauseating choice between the two top dogs.

* * * * *

Some succinct standing advice on recurring themes.