Wednesday, May 4, 2022

Althouse

Althouse


"How many of the women rallying against overturning Roe are over-educated, under-loved millennials who sadly return from protests to a lonely microwave dinner with their cats, and no bumble matches?"

Posted: 04 May 2022 09:19 AM PDT

Straight-out misogyny from Matt Gaetz

 

Gaetz is himself a millennial — he's 39 — so what can account for his creepy nastiness? Was he under-educated, over-loved, and excessively catered-to by his happy wife Ginger Luckey, and too easily accepted on that Seeking Arrangements website? I don't know. I'm just trying to keep up with his free-wheeling, hilarious approach to the psychoanalysis of people he loathes.

"It’s the main reason why I worked so hard to keep Robert Bork off the Court. It reflects his view almost — almost word — anyway."

Posted: 04 May 2022 08:49 AM PDT

"Look, the idea that — it concerns me a great deal that we're going to, after 50 years, decide a woman does not have a right to choose within the limits of the Supreme Court decision in Casey.... But even more equally as profound is the rationale used. And it would mean that every other decision relating to the notion of privacy is thrown into question. I realize this goes back a long way, but one of the debates I had with Robert Bork was whether — whether Griswold vs. Connecticut should stand as law. The state of Connecticut said that the privacy of your bedroom — you — a husband and wife or a couple could not choose to use contraception; the use of contraception was a violation of the law. If the rationale of the decision as released were to be sustained, a whole range of rights are in question.... who you marry, whether or not you decide to conceive a child or not, whether or not you can have an abortion, a range of other decisions — whether or not — how you raise your child — What does this do — and does this mean that in Florida they can decide they're going to pass a law saying that same-sex marriage is not permissible, that it's against the law in Florida?"

 Said President Joe Biden yesterday.

"Only a move as extraordinary as eliminating a constitutional right in place for half a century could transform the court into an institution like any other in Washington, where rival factions disclose secrets in the hope of obtaining advantage...."

Posted: 04 May 2022 08:37 AM PDT

"In an editorial last week, The Wall Street Journal expressed concern that Chief Justice Roberts was trying to persuade Justices Kavanaugh and Barrett to take his narrower approach. The point of the leak, then, may have been to lock in the five-justice conservative majority. 'I would be wary of jumping to a conclusion that the leaker is necessarily someone who opposes overturning Roe v. Wade,' said Richard L. Hasen, a law professor at the University of California, Irvine. Kermit Roosevelt, a law professor at the University of Pennsylvania, said the source was probably trying to increase the price of switching positions.... Professor Hasen said there was another benefit to the right from the disclosure of the draft opinion. 'This kind of leak could in fact help the likely future majority overturning Roe if it deflects the conversation to the question of Supreme Court secrecy and the danger of leaks to the legitimacy of the process'...."

From "A Supreme Court in Disarray After an Extraordinary Breach/The leak of a draft majority opinion overruling Roe v. Wade raises questions about motives, methods and whether defections are still possible" by Adam Liptak (NYT).

MEANWHILE: Alan Dershowitz tells Fox News: "I think this was leaked by a liberal law clerk who is trying to change the outcome of the case – either by putting pressure on some justices to change their mind or by getting Congress to pack the court even before June, which is very unlikely."

"At least half of humanity combs their hair every day, and yet almost no one pauses to think deeply about it."

Posted: 04 May 2022 07:56 AM PDT

Said Harvard scientist L. Mahadevan, who studies mathematics, physics, and organismic and evolutionary biology, quoted in "Scientists Unravel Mysteries Of Brushing Tangled Hair --- Researchers at Harvard, MIT use math, lab work to develop pain-free techniques" (Wall Street Journal).

The knotty hair puzzle reached Prof. Mahadevan's lab three years ago, as he was thinking about how birds build nests. His research led to the question of tangles, which also occur at the microscopic level in DNA helixes and in magnetic flux lines crisscrossing the cosmos....

"The unlinking of the homochiral helixes during this process can be quantified in terms of the Calugareanu-Fuller-White (CFW) theorem which states that Lk=Tw+Wr, where Link (Lk) quantifies the oriented crossing number of the filaments averaged over all projection directions" and so on....

As you know, if you've combed tangled hair with any competence at all, it doesn't work to start at the top and comb down. You work up from the bottom. Mahadevan, despite being a genius, couldn't comb his 5-year-old daughter's hair. But it percolated in his head for 20 years, and he ultimately did some sophisticated research (as you can see) that explains why you're going to want to start from the bottom and work your way up. Most of us observe and guess and do trial and error, but there's a place in this world for the genius, even if he can't comb a little girl's hair intuitively. We're told he has also studied "why Cheerios clump in a bowl of milk."

"Mr. Vance’s win will likely come as a disappointment to some Republicans who have been quietly hoping that Mr. Trump’s grip on the party is slipping."

Posted: 04 May 2022 07:13 AM PDT

"They see the midterms as an existential moment for the party. They are acutely aware that if the candidates he endorsed do well, the feeling of inevitability that he will be the party's nominee in 2024 increases, annihilating any hope of reconstituting a political coalition around anything other than fealty to Mr. Trump.... He has remade the Republican Party in his image.... In his endorsements, Mr. Trump appears to be hedging against any narrative failures by placing his chips all over the table. So far, in 2022, he has endorsed over 150 candidates. Generally speaking, Mr. Trump has made two kinds of endorsements. Standard incumbent endorsements are the first... On the national level, some of Mr. Trump's marquee endorsements seem risky. Dr. Mehmet Oz in Pennsylvania.... [I]n Georgia... the former football star Herschel Walker... Many people in Georgia love Mr. Walker without reservation and will forgive him any indiscretion. When I raised the issue of Russian roulette, a Georgia man responded, 'He keeps winning.'... Whether Mr. Trump's handpicked candidates win or not, the Republican field that will emerge from these primary battles will be overwhelmingly Trumpy.... [T]o blunt Mr. Trump's wholesale takeover of the party... scores of candidates endorsed by Mr. Trump who win their primaries will need to lose in the general election...."

Writes Sarah Longwell, "the executive director of the Republican Accountability Project and the publisher of The Bulwark," in "J.D. Vance Is More Proof That Trump Is King of the Republican Party" (NYT).

I haven't been reading enough about Herschel Walker to have seen, until now, that he's talked about playing Russian roulette more than 6 times! Is that anything but crazy? 

The oldest use of the term "Russian roulette" — according to the OED — is a 1937 short story by George Surdez. Here's a passage from that story, quoted in the Wikipedia article "Russian roulette":

"Did you ever hear of Russian Roulette"' When I said I had not, he told me all about it. When he was with the Russian army in Rumania, around 1917, and things were cracking up, so that their officers felt that they were not only losing prestige, money, family, and country, but were being also dishonored before their colleagues of the Allied armies, some officer would suddenly pull out his revolver, anywhere, at the table, in a café, at a gathering of friends, remove a cartridge from the cylinder, spin the cylinder, snap it back in place, put it to his head and pull the trigger. There were five chances to one that the hammer would set off a live cartridge and blow his brains all over the place.

Ooh! That's playing with very different odds. I thought you only put one bullet in, but they took only one bullet out. I'm sure Walker, who survived 6 times, must have had only one bullet in.

I just recently watched a movie with a Russian roulette scene. No, not "The Deer Hunter." "Unfaithfully Yours":

 

Here's something else from the Wikipedia article, something that might have inspired Walker:

In The Autobiography of Malcolm X, Malcolm X recalls an incident during his burglary career when he once played Russian roulette, pulling the trigger three times in a row to convince his partners in crime that he was not afraid to die. In the epilogue to the book, Alex Haley states that Malcolm X revealed to him that he palmed the round. The incident is portrayed in the 1992 film adaptation of the autobiography.

In assessing Walker's fitness for the Senate, would he be a better candidate if he palmed the round 6 times and tricked onlookers or if he played real Russian roulette 6 times and lucked into survival?

The "Russian roulette" article links to "Counterphobic attitude." If Walker was not palming the round, then we might ascribe this attitude to him as we consider whether he'd make a good Senator:

Counterphobic attitude is a response to anxiety that, instead of fleeing the source of fear in the manner of a phobia, actively seeks it out, in the hope of overcoming the original anxiousness. Contrary to the avoidant personality disorder, the counterphobic represents the less usual, but not totally uncommon, response of seeking out what is feared....

Acting out in general may have a counterphobic source, reflecting a false self over-concerned with compulsive doing to preserve a sense of power and control. Sex is a key area for counterphobic activity, sometimes powering hypersexuality in people who are actually afraid of the objects they believe they love....

Oh, but you came here to talk about J.D. Vance!

Dave Chappelle attacked on stage.

Posted: 04 May 2022 04:48 AM PDT

Deadline reports: "Dave Chappelle Attacked Onstage While Performing During Netflix Is A Joke Festival At The Hollywood Bowl." 

In one posted clip, apparently after the incident, Chappelle is heard to quip, "It was a trans man," a reference to his own transphobic comments in his Netflix special The Closer and the uproar, protests and anger that ensued....

Another person caught the end of the show on video where Chappelle and Jamie Foxx, who apparently rushed onstage to help apprehend the man going after Chappelle...."I thought that was part of the show," Foxx is heard to respond.

"I grabbed the back of that N*****'s head," said Chappelle. "His hair was spongey!"

There are also reports that "Chris Rock, who performed earlier, came on stage w/ him & joked: 'Was that Will Smith?'" 

After the Will Smith incident at the Oscars, there was a lot of talk about whether it would inspire other attacks on performers, whose vulnerability on stage had been so vividly exposed.

"Elizabeth Warren is one of the only national Democrats I've seen even come close to channeling the rage so so so so many are feeling."

Posted: 04 May 2022 04:50 AM PDT

"'Take to the streets and fight as one, this is how Roe was won,' they chanted throughout Downtown."

Posted: 04 May 2022 06:33 AM PDT

From "1,000+ people rally in Downtown Madison to protest seemingly-imminent overturn of Roe v. Wade" (Wisconsin State Journal).

ADDED: I feel a little critical of that chant, both formally and substantively. Formally, I don't like the non-rhyme of "one" and "won." Identical sounds are not rhymes. Substantively, I don't like the violence implied by "fight." There are ways to fight that are not violent, but "fight" combined with "Take to the streets" seems way too much like an endorsement of rioting. And I don't think "Roe was won" by taking to the streets in either peaceful or violent protests. 

Here's my quick rewrite of the chant: "Take to the law and fight in court/this is how we can abort."

AND: There are 2 problems with my rewriting of the chant — substantive and formal.

The substantive problem is the idea itself, that it is preferable to fight in court. The pro-abortion side has experienced a devastating loss in court — though perhaps the appearance of loss is a phantom. Maybe the Court will reject the draft. But the fighting in court over this case is over, and the street protests might still affect the Justices. All you need is one person in the draft majority to shift. Maybe a chant directed effectively at Brett Kavanaugh would be the best choice — something like "Justice Brett Kavanaugh/You can make Roe the law."

The formal problems is my assertion that "Identical sounds are not rhymes." From the Wikipedia article "Rhyme." There's a subsection on the concept "Identical rhymes":

Identical rhymes are considered less than perfect in English poetry; but are valued more highly in other literatures such as, for example, rime riche in French poetry.

Though homophones and homonyms satisfy the first condition for rhyming—that is, that the stressed vowel sound is the same—they do not satisfy the second: that the preceding consonant be different. As stated above, in a perfect rhyme the last stressed vowel and all following sounds are identical in both words.

If the sound preceding the stressed vowel is also identical, the rhyme is sometimes considered to be inferior and not a perfect rhyme after all. An example of such a super-rhyme or "more than perfect rhyme" is the identical rhyme, in which not only the vowels but also the onsets of the rhyming syllables are identical, as in gun and begun. Punning rhymes, such as bare and bear are also identical rhymes. The rhyme may extend even farther back than the last stressed vowel. If it extends all the way to the beginning of the line, so that there are two lines that sound very similar or identical, it is called a holorhyme ("For I scream/For ice cream").

In poetics these would be considered identity, rather than rhyme.

At the Hawk's Dinner Café...

Posted: 03 May 2022 06:46 PM PDT

IMG_0179 2 

... you can write about whatever you want.

Colin Wright has drawn the perfect political cartoon.

Posted: 03 May 2022 09:03 AM PDT

And he's writing about it — here — in The Wall Street Journal:

Excerpt:

When my cartoon went viral, it resonated with many people—and caused dissonance in the left-wing media. The Washington Post's Greg Sargent called it a "silly chart" that has been "brutally debunked." His colleague Philip Bump described it as "simply wrong" and an "obvious exaggeration." Mr. Bump even provided a series of actual silly charts showing "the average ideological score (using a metric called DW-NOMINATE)" and "evaluations of ideology as measured in the biennial General Social Survey (GSS)."

Debunking a cartoon with a chart is like answering a love poem with a syllogism. Politics and culture, like most of human reality, can't be reduced to data and abstractions without losing much of their essence. And self-styled progressives, who love to talk about the importance of "lived experience," are awfully disdainful of their critics.

So many people — including me! — identify with that drawing. Maybe not completely. For me, the years are way out of whack. But who is Wright? 

I am an evolutionary biologist, and from 2008 to 2020 I worked to become a university professor. But while working as a postdoctoral fellow at Penn State in 2018, I found myself ostracized by scientific colleagues and people I thought were my close friends because I was unwilling to promote scientifically inaccurate claims about biology to avoid offending those who identify as transgender. ...

Ah! The transgender movement.

"Chief Justice John G. Roberts Jr. said in a statement Tuesday that the leaked draft opinion that proposes overturning Roe v. Wade is authentic but not final..."

Posted: 03 May 2022 08:42 AM PDT

"... and he is opening an investigation into how it became public. 'To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed,' Roberts said. 'The work of the Court will not be affected in any way.'"

Robert Barnes reports (at WaPo).

A witty comment at WaPo: "It's almost as if the Supreme Court believes it has a right to privacy…."

"Seriously, shout out to whoever the hero was within the Supreme Court who said 'f-ck it! Let’s burn this place down.'"

Posted: 03 May 2022 07:58 AM PDT

Wrote Ian Millhiser, of Vox, quoted in "Before Finally Overturning Roe, Supreme Court Must Block Yet Another Insurrection Attempt" by Mollie Hemingway (at The Federalist).

Hemingway continues: 

Brian Fallon, the former Hillary Clinton campaign spokesman who became the leader of a dark money group behind the fight against the nomination of Associate Justice Brett Kavanaugh, issued a pretty clear call for intimidation of the court: "Is a brave clerk taking this unpredecented [sic] step of leaking a draft opinion to warn the country what's coming in a last-ditch Hail Mary attempt to see if the public response might cause the Court to reconsider?" 

"All Democrats need to show the same urgency as the clerk who apparently risked his or her career to sound this alarm. Those on the inside know best how broken the institution is. We should listen," he added. 

Crowds comprised of many staffers from abortion groups gathered at the Supreme Court immediately after the leak. "Chants of 'fascist scum have got to go,' interspersed with the names of the conservative justices," noted one reporter. Signs included, "F-CK SCOTUS," and "Sam Alito Retire B-tch."

Why does the headline say "Another Insurrection Attempt"?

The Supreme Court was attacked by a crazed mob in the aftermath of the Kavanaugh confirmation. Hundreds of raucous protesters tried to break down the 13-ton bronze doors. They scaled the building and its statues and threw tomatoes and water bottles at the cars of justices who had attended his swearing-in. The mob even went after Justices Ruth Bader Ginsburg and Elena Kagan.

I had to look it up. The protest was entirely outside the court building, and there was pounding on the doors:

 

Everyone chooses what evidence to point to and when to emphasize similarities and when to emphasize differences. You've got the anti-Kavanaugh protest at one building and the January 6th protest at another. They are alike and different, and the likenesses and differences are perceived through a partisan lens.

As for leaks, there are lots of leaks. But this leak of the opinion draft — how different or similar is it from other leaks we have known and loved or hated?

Those who care about norms, decorum, civility, institutions, and rule of law — or claim to — must hold the leaker and any co-conspirators fully accountable for this egregious breach. At the very least, they should be disbarred. Criminal charges might also be in order.

Cite and quote the criminal statute. I'm coldly resistant to arguments that something must be a crime because it gives you that crime-y feeling. There are lots of leaks in Washington, but somehow some people seem to think that the Supreme Court is extra-special when it comes to how much it deserves freedom from leakage. Why? Is it because the side you prefer is hurt by this leak? Is it because your side has such a hefty majority at the moment?

Meanwhile, Ian Millhiser and his ilk are hurting. Millhiser called for destruction of the building by fire. He despairs that the Supreme Court will favor his side anytime soon, so he calls for zero respect for the institution. He's cheering on the leaker. The Supreme Court, in his view, doesn't get special deference among the institutions, and the leaker can be another national hero in the tradition of Daniel Ellsberg and Edward Snowden.

"Democrats need — but so far lack — a consistent national message for the midterm elections.... Even the abortion rights movement has seemed distracted by semantics..."

Posted: 03 May 2022 07:13 AM PDT

"... moving, for example, to replace the phrase 'a woman's right to choose' with 'a person's right to choose.' That well-intended inclusion of transgender and nonbinary people unfortunately blurs the essential message that the coming abortion ban is a frontal assault on women's rights. Instead of playing into the talons of the opposition, let's make sure every voter knows what these toxic turkeys are up to as they shrug off sexual assault and push for a nationwide abortion ban: They are vitiating a half-century of progress for women."

From "The turkeys of toxic masculinity strut their stuff" by Dana Milbank (WaPo). 

1. The reference to turkeys has to do with an actual turkey that has been biting and scratching people on Anacostia Riverwalk Trail in Washington D.C. There's an analogy there. It's intended to be funny. An aggressive bird. Like the bird is a jerk. But surely the Republicans are jerks.

2. Milbank wrote "the coming abortion ban" just before the draft opinion leaked. I don't think he had any idea how soon it was coming.

3. There's a price to be paid for all the speech control that been undertaken to display superficial deference to transgender and nonbinary people. We've been suppressing awareness of the difference between male and female bodies, as if the vulnerability to pregnancy does not dramatically affect life for a woman. Life isn't just about how you feel inside about things you think of as gender. There's an outward reality that has to do with a very particular right that we fought so long to get acknowledged, struggled for 5 decades to keep, and lost just yesterday. And we're supposed to modify how we speak and not say "woman"!

"Disinformation Governance Board?... I can see how disinformation requires monitoring. I can see how it requires fact-checking and refutation. But governance? How do you govern lies?"

Posted: 03 May 2022 06:48 AM PDT

Writes Eugene Robinson in "The Disinformation Governance Board is a bad name and a sillier idea" (WaPo). 

I agree that "governance" is a ludicrous term here. The first word in the phrase that bothers me, however, is "disinformation." I've noticed that, lately, Democrats and others of the left have forefronted a concern for misinformation, offering it as a counterweight to the interest in freedom of speech. Misinformation is a much larger category than disinformation. Is this new board concerned narrowly with the deliberate use of bad information to manipulate or just everything than anybody is saying that's wrong? Misinformation is everywhere. We live in it and must learn to deal with it. 

The only way for the government to go about its "governance" is to be selective and to choose which wrong statements to go after. Obviously, it should concern itself with the disinformation the enemy spreads in wartime, but you wouldn't set up a "disinformation governance board" to perform that function. Setting up the board is a theatrical show of going after something... but what? Claims of election fraud? Claims of election fraud made by Republicans but not claims of election fraud made by Democrats?

Robinson writes:

Republicans, understandably, are having a field day. House Minority Leader Kevin McCarthy (R-Calif.) should be having to explain his lies about what he said to and about former president Donald Trump in the wake of the Jan. 6, 2021, Capitol insurrection. Instead, he took to Twitter to compare the governance board to the fictional "Ministry of Truth" in Orwell's novel "1984."

Ha ha. Robinson's problem with the board is that Republicans are benefiting from attacking it. If only it worked better to help Democrats!

I don't believe for a minute that the purpose of the board is to somehow police the speech of American citizens.

Ironically, that strikes me as disinformation.

But in the absence of a clear statement of mission and vision from [DHS Secretary Alejandro] Mayorkas — or, for that matter, anyone in the Biden administration — the far right is practically being invited to portray the Disinformation Governance Board as part of a vast (and imaginary) conspiracy to censor conservative voices.

Imaginary? Really? Again, that smells like disinformation. Maybe we need an Irony Governance Board.

"[Emily’s Law] passed in 2018... allows prosecutors to charge dog owners with felonies... [It] is in memory of Emily Colvin, who at 24 years old died after being attacked by five dogs..."

Posted: 03 May 2022 06:10 AM PDT

"... outside her home in northeast Alabama in December 2017.... A week before Colvin's death, another woman, 46-year-old Tracey Patterson Cornelius, also was killed by a pack of dogs. A second woman was seriously injured in the same incident.... Similar fatal instances in the state happened in 2020 to a 36-year-old mother of four and in 2021 to a 70-year old man. [Jacqueline Summer] Beard went to the Red Bay area Friday to investigate a dog attack that occurred Thursday afternoon when a woman on a walk was mauled by the animals.... Investigators said Beard was attempting to contact the owner of the dogs when she was killed."

From "While investigating a dog attack, a state worker was killed by the pack" (WaPo).

I opened the WaPo comments with the expectation of seeing condemnation of the deplorable people who live in Alabama, but my expectation of high politicization was wrong:

What the Court's opinion draft said about the reliance factor as it analyzed whether to adhere to precedent.

Posted: 03 May 2022 06:40 AM PDT

As someone who has taught Planned Parenthood v. Casey many times, I turned first to the part of the draft that analyzed reliance on the right to abortion. 

The Casey Court, looking at precedent, said reliance is one of 4 factors taken into account when deciding whether to overrule a case. But then it conceptualized reliance in a new way. I've spent many hours forcing students to see this problem in Casey and to look for a way to deal with it, so it's striking to read the Court's proposed opinion forthrightly pointing at the problem (boldface added):

Traditional reliance interests arise "when advance planning of great precision is most obviously a necessity." Casey, 505 U. S., at 856 (plurality opinion); see also Payne, 501 U.S, at 828. In Casey, the controlling opinion conceded that those traditional reliance interests were not implicated because getting an abortion is generally "unplanned activity," and "reproductive planning could take virtually immediate account of any sudden restoration of state authority to ban abortions." 505 U.S. at 856. For these reasons, we agree with the Casey plurality that conventional, concrete reliance interests are not present here. 

Unable to find reliance in the conventional sense, the controlling opinion in Casey perceived a more intangible form of reliance. It wrote that "people [had] organized intimate relationships and made choices that define their views of themselves and their places in society] in reliance on the availability of abortion in the event that contraception should fail" and that "[t]he ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives." Ibid. But this Court is ill-equipped to assess "generalized assertions about the national psyche." Id., at 957 (Rehnquist, C. J., concurring in part and dissenting in part). Casey's notion of reliance thus finds little support in our cases, which instead emphasize very concrete reliance interests, like those that develop in "cases involving property and contract rights." Payne, 501 U. S., at 820. 

When a concrete reliance interest is asserted, courts are equipped to evaluate the claim, but assessing the novel and intangible form of reliance endorsed by the Casey plurality is another matter. That form of reliance depends on an empirical question that is hard for anyone—and in particular, for a court—to assess, namely, the effect of the abortion right on society and in particular on the lives of women. The contending sides in this case make impassioned and conflicting arguments about the effects of the abortion right on the lives of women. [Citations to briefs omitted.] The contending sides also make conflicting arguments about the status of the fetus. This Court has neither the authority nor the expertise to adjudicate those disputes, and the Casey plurality's speculations and weighing of the relative importance of the fetus and mother represent a departure from the "original constitutional proposition" that "courts do not substitute their social and economic beliefs for the judgment of legislative bodies." Ferguson v. Shrupa, 372 U.S. 726, 729-739 (1963). 

Our decision returns the issue of abortion to those legislative bodies, and it allows women on both sides of the abortion issue to seek to affect the legislative process by influencing public opinion, lobbying legislators, voting, and running for office. Women are not without electoral or political power. It is noteworthy that the percentage of women who register to vote and cast ballots is consistently higher than the percentage of men who do s0.% In the last election in November 2020, women, who make up around 51.5% of the population of Mississippi, constituted 55.5% of the voters who cast ballots. [Footnote omitted.]

Casey did innovate a new form of reliance that was not like the reliance involved in structuring property transactions and forming contracts. Even if you assume that decisions about whether to devote your body to pregnancy and childbirth are more profound and important than economic transactions, there is less reliance on a stable set of legal rules. But Casey created a reliance on this new idea of reliance, that women could look forward on the path of life and believe that they will be, if they choose, free from unwanted pregnancy, that their body could only be subjected to this ordeal if they consent. 

There was a way to think about your life that was enshrined as a constitutional right, and, if this opinion goes through, that will be gone. The self-image of entitlement to sovereignty over your body — if you are one of the human beings with the capacity to become pregnant — is suddenly ripped away and replaced by access to political fighting — "influencing public opinion, lobbying legislators, voting, and running for office." Get into the arena and fight for what you want, even if all you want is control over your own body.

I know it is not just the woman's body that the woman choosing an abortion controls. It is also the tiny, vulnerable body of the the unborn child. That child is innocent of everything, but possessed of an interest in using another person's body because that body is its only path of entry into the world. Casey and Roe left that child's interests in the hands of the conscious, thinking person whose body fate had appropriated for this function. Somebody has to decide, and the Roe/Casey answer was to reserve the decision to the individual. Women relied on that idea of their autonomy in life. 

Now, the Court congratulates itself for its staunch restraint as it plucks that idea of personal autonomy away from women and tosses it to legislatures: Courts are not "equipped" to handle this "novel and intangible form of reliance." But it answered the reliance question 30 years ago in Casey, which decided that the 20-year reliance on Roe was a factor counting against overruling it. It's been 50 years of reliance, including 30 years of relying on that once novel concept of reliance.

A boy and his mom.

Posted: 03 May 2022 04:48 AM PDT

At the Met Gala:

“Supreme Court has voted to overturn abortion rights, draft opinion shows.”

Posted: 02 May 2022 06:50 PM PDT

Politico reports with a link to a long draft opinion of the Court written by Justice Alito.

This is so shocking I have difficulty believing it's real. The top of NYT is blithe coverage of the Met Gala, replete with a photo of Hillary Clinton in a shiny vivid red dress, Hillary who would have had 3 Supreme Court nominations giving the Court a 6-3 liberal majority averting this calamity… this seeming calamity.

ADDED at 8:41: The NYT is now covering the story in "Leaked Supreme Court Draft Would Overturn Roe v. Wade/A majority of the court privately voted to strike down the landmark abortion rights decision, according to the document, obtained by Politico."

Deliberations on controversial cases have in the past been fluid. Justices can and sometimes do change their votes as draft opinions circulate and major decisions can be subject to multiple drafts and vote-trading, sometimes until just days before a decision is unveiled. The court's holding will not be final until it is published, likely in the next two months.

The leak seems designed to create pressure on the Justices to step back from the precipice.

At the Sunrise Café...

Posted: 03 May 2022 06:57 AM PDT

IMG_0161

... you can write about whatever you like.

It was an awfully dull sunrise today, so let me give you this photo of the rabbit in the rye — not ryegrass, rye, the grain —  that we planted in our front yard:

IMG_0170

"Estranged parents often tell me that their adult child is rewriting the history of their childhood, accusing them of things they didn’t do, and/or failing to acknowledge the ways in which the parent demonstrated their love and commitment."

Posted: 02 May 2022 12:17 PM PDT

"Adult children frequently say the parent is gaslighting them by not acknowledging the harm they caused or are still causing, failing to respect their boundaries, and/or being unwilling to accept the adult child's requirements for a healthy relationship. Both sides often fail to recognize how profoundly the rules of family life have changed over the past half century.... Deciding which people to keep in or out of one's life has become an important strategy to achieve that happiness....

"In my clinical work I have seen how divorce can create a radical realignment of long-held bonds of loyalty, gratitude, and obligation in a family.... One of the downsides of the careful, conscientious, anxious parenting that has become common in the United States is that our children sometimes get too much of us—not only our time and dedication, but our worry, our concern. Sometimes the steady current of our movement toward children creates a wave so powerful that it threatens to push them off their own moorings; it leaves them unable to find their footing until they're safely beyond the parent's reach.... From the adult child's perspective, there might be much to gain from an estrangement: the liberation from those perceived as hurtful or oppressive, the claiming of authority in a relationship, and the sense of control over which people to keep in one's life....   [O]ur American love affair with the needs and rights of the individual conceals how much sorrow we create for those we leave behind. We may see cutting off family members as courageous rather than avoidant or selfish. We can convince ourselves that it's better to go it alone than to do the work it takes to resolve conflict....."

From "A Shift in American Family Values Is Fueling Estrangement/Both parents and adult children often fail to recognize how profoundly the rules of family life have changed over the past half century" by psychologist Joshua Coleman, author "Rules of Estrangement: Why Adult Children Cut Ties and How to Heal the Conflict" (The Atlantic).

"But there is one thing I haven’t done. Will not do. Will never do. Will grow angry enough at you to throw spitballs at you if you ask me to do."

Posted: 02 May 2022 11:19 AM PDT

"And that's move my seat on a plane to accommodate you so that you can sit with your friends or family or concubines or whoever else you're flying with. Your grandma's on the flight with you and you want to sit next to her? Granny should've taught you to plan ahead. Maybe Granny wants a break from her thoughtless progeny. You ever think about that? Of course not, because you're thoughtless. You're separated from your 6-year-old son? Braylin has to learn to fend for himself. Plus, this ain't Antarctica. It's an 80-minute, temperature-controlled trip to Albany on a flying couch. He'll be fine next to his new Uncle D. Your grandma's on the flight with you and you want to sit next to her? Granny should've taught you to plan ahead."

Writes Damon Young, author of "What Doesn't Kill You Makes You Blacker: A Memoir in Essays," in "No, I will not switch airplane seats with you" (WaPo). He had me at "Braylin has to learn to fend for himself."

Anyway, though Young is extra generous to people in other situations, he hates flying. It's "a thoroughly uncomfortable experience" for him. It's "vaguely fascist." And he needs his window seat because he's got a big head that must lean against the wall.

"For years, Boston has allowed private groups to request use of the flagpole to raise flags of their choosing. As part of this program, Boston approved hundreds of requests..."

Posted: 02 May 2022 10:45 AM PDT

"... to raise dozens of different flags. The city did not deny a single request to raise a flag until, in 2017, Harold Shurtleff, the director of a group called Camp Constitution, asked to fly a Christian flag. Boston refused. At that time, Boston admits, it had no written policy limiting use of the flagpole based on the content of a flag. The parties dispute whether, on these facts, Boston reserved the pole to fly flags that communicate governmental messages, or instead opened the flagpole for citizens to express their own views. If the former, Boston is free to choose the flags it flies without the constraints of the First Amendment's Free Speech Clause. If the latter, the Free Speech Clause prevents Boston from refusing a flag based on its viewpoint. We conclude that, on balance, Boston did not make the raising and flying of private groups' flags a form of government speech. That means, in turn, that Boston's refusal to let Shurtleff and Camp Constitution raise their flag based on its religious viewpoint 'abridg[ed]' their 'freedom of speech.' U. S. Const., Amdt. I." 

Writes Justice Breyer, joined by Chief Justice Roberts and Justices Sotomayor, Kagan, Kavanaugh, and Barrett, in Shurtleff v. City of Boston, issued this morning. Justice Alito has a concurring opinion, joined by Justices Thomas and Gorsuch, and Justice Gorsuch has a concurring opinion that is joined by Justices Thomas and Alito. Justice Kavanaugh also has a concurring opinion.

You might wonder whether the Establishment Clause can justify viewpoint discrimination, but that's been dealt with in the past. That's why all the Justices agree: precedent. 

The text (at the link) includes this photo of the site of the flagpoles, Boston City Hall, which is ludicrously ugly:

 

Justice Alito doesn't want to analyze the problem in terms of government speech versus private speech. Looking at whether government is "controlling" the speech can cause courts to find "government speech" in the worst cases of censorship. The majority said "Our review is not mechanical; it is driven by a case's context rather than the rote application of rigid factors." The Court's "factorized approach," as Alito puts it, considers "history, the public's perception of who is speaking, and the extent to which the government has exercised control over speech." 

And like any factorized analysis, this approach cannot provide a principled way of deciding cases. The Court's analysis here proves the point. The Court concludes that two of the three factors—history and public perception—favor the City. But it nonetheless holds that the flag displays did not constitute government speech. Why these factors drop out of the analysis—or even do not justify a contrary conclusion—is left unsaid. This cannot be the right way to determine when governmental action is exempt from the First Amendment.

Justice Gorsuch writes to attack the old Establishment Clause doctrine known as the Lemon test:

Ultimately, Lemon devolved into a kind of children's game. Start with a Christmas scene, a menorah, or a flag. Then pick your own "reasonable observer" avatar. In this game, the avatar's default settings are lazy, uninformed about history, and not particularly inclined to legal research. His default mood is irritable. To play, expose your avatar to the display and ask for his reaction. How does he feel about it? Mind you: Don't ask him whether the proposed display actually amounts to an establishment of religion. Just ask him if he feels it "endorses" religion. If so, game over.

Faced with such a malleable test, risk-averse local officials found themselves in an ironic bind. To avoid Establishment Clause liability, they sometimes felt they had to discriminate against religious speech and suppress religious exercises....

The Court hasn't used the Lemon test in 2 decades, Gorsuch notes, and yet the doctrine still intimidates some local officials into committing free-speech violations like the one in this case. And some local officials may be using it with an active desire to discriminate against religion. 

To justify a policy that discriminated against religion, Boston sought to drag Lemon once more from its grave... This Court long ago interred Lemon, and it is past time for local officials and lower courts to let it lie.

"What a fucking joke -- that this person is now running a so-called 'anti-disinformation' Board inside the Department of Homeland Security."

Posted: 02 May 2022 09:44 AM PDT

"Many students today go quickly to the position that there is such a thing as hate speech, that they know it when they see it that and it ought to be outlawed."

Posted: 02 May 2022 08:11 AM PDT

"For me that's a topic to teach, not to simply honor or denounce. I'm revealing myself here as a person whose chords and arpeggios and scales are always the history of political thought: John Stuart Mill's 'On Liberty' is the place to start. He says that the line between your freedom and its end is where it impacts on another's freedom. That's the question with hate speech: When does it do that? I'll also mention Charles Murray. That's tricky, because his science has been discredited by his peers, and his conclusions are understood by many as a form of hate speech, because he makes an argument about the racial inferiority of Black people in their capacity to learn and to succeed in this society. It feels terrible to give him a podium and a bunch of students who would sit and imbibe that as the truth. I think if Murray is invited to campus, you can picket him, you can leaflet him, but I don't think it should be canceled. The important thing is for students to be educated and educate others about the bad science, the discrediting of his position, and then ask, Why does he survive in the academy, and why does that bad science keep getting resuscitated? Those are important questions for students to ask and then learn how to answer. That's what's going to equip them in this political world."

Said Wendy Brown, the UPS Foundation Professor in the School of Social Science at the Institute for Advanced Study in Princeton, NJ, quoted in "Why Critics of Angry Woke College Kids Are Missing the Point" (NYT).

A "very distinguishable voice."

Posted: 02 May 2022 07:36 AM PDT

I'm reading "American Idol winner Laine Hardy arrested after allegedly spying on woman/Louisiana college student found hidden audio recording device and told police she feared musician planted it there" (The Guardian). 

She... confronted Hardy, who said he left a "bug" in her room that he had since thrown into a pond, police said. Allegedly, Hardy later put his confession in writing in a social media message the woman ultimately provided to investigators.... 

The woman used Google to determine the device [she found under her bed] was actually a voice-activated recorder like the one Hardy is alleged to have claimed to have thrown in a pond.... 

Police alleged that officers heard Hardy's "very distinguishable voice"....

He won "American Idol" with that voice, and now that voice — along with his confession — identifies him to the police.

In happier days:

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