1) NYT discussion on the future of democracy. This part really stood out to me. How much is about just plain cowardice:
Homans: Ben, you worked for the Republican Party for decades as an election lawyer. Did the way in which the party metabolized Trump’s response to the 2020 election, and the Jan. 6 attack, surprise you?
Ginsberg: The whole thing, honestly, has shocked me. It’s not so much the elected officials who were giving the fist pumps on Jan. 6, because they were sort of predictable in doing that. It’s the many people within the party whom I know and have known for years who are good, decent, principled people, who are silent. It’s the silence of the Republican Party that is most surprising to me and most upsetting. We’ve described the problem in this conversation, but the much more difficult part is figuring out what to do about it. I think that’s what Sarah and I as Republicans have a particular obligation to do. But I don’t know how you bring the people within the Republican Party who should be speaking out to do exactly what you say, Steve, which is to make clear that this violence and election denial is not acceptable.
Homans: Steven, one clear takeaway from “How Democracies Die” is that the resolution to democratic crisis really has to come from within the party that is incubating the anti-democratic movement. This was what the center-right parties in Germany and Italy failed to do in the 1930s, which delivered Hitler and Mussolini to power. But other European center-right parties in Sweden and Belgium, for instance, succeeded in expelling fascist movements within their ranks in that same period.
Levitsky: But I think the Republicans will not reform themselves until they take a series of electoral defeats, major electoral defeats — and given the level of partisan identity that Lily describes, and given an electoral system that is biased toward the Republicans through no fault of their own, that’s not going to happen.
Also, totally agree with Lewitsky on this point:
Levitsky: Some of that is obviously true. I think what’s needed in the short term to preserve democracy, to get through the worst of this storm, is a much broader coalition than we’ve put together to date. Something on the lines of true fusion tickets that really brings in Republicans — maybe not a lot of the electorate, but enough to assure that the Trumpist party loses. That would mean bringing in a good chunk of that Bush-Cheney network that’s out there — that in private says the same things that I’ve said, but that has thus far been largely unwilling to speak out publicly — and having them in many cases on the same ticket.
And that means something that we have not seen enough of in the last couple of decades, which is real political sacrifice. It means that lifelong Republicans have to work to elect Democrats. And it means the progressives have to set aside a slew of policy issues that they care deeply about so that the ticket is comfortable to right-wing politicians. And we’re nowhere near that, neither in the Bush-Cheney network nor in the Democratic Party. Having talked to a number of Democratic elected politicians, I can tell you that we are nowhere near Democrats being willing to make those kinds of political sacrifice. But that is what is needed.
2) Good stuff from Jeff Maurer:
One of the main Republican lines of attack involves Judge Jackson’s work as a public defender. Both Mitch McConnell and the RNC suggested that her time as a defense attorney indicates sympathy for criminals, including prisoners at Guantanamo Bay. I find this logic phenomenally dumb; I think the principle that everyone deserves a defense has been basically settled since John Adams/Paul Giamatti defended British redcoats/the guy who played Pius Thickness in Harry Potterway back in 1770/2008.
And yet, I managed to hear the “how dare you defend that person” argument twice in one day. At roughly the same moment that Judge Jackson was being sworn in, Aaron Sibarium was publishing an article on Bari Weiss’ substack recounting numerous instances of defense attorneys getting flak from left-leaning law students. The law students were basically asking the same question as Congressional Republicans: How could you defend that person? And, of course, that question has an answer: You defend that person because if a right exists, then it exists universally, or it doesn’t exist at all. I think that’s easy to understand. But I’m struck by the number of people on the left these days who appear not to understand that, and how they also don’t seem to realize that continually carving out exceptions to liberal principles will almost surely come back to bite them in the ass.
Consider free speech. A common argument among those who feel that American doesn’t have a free speech problem is that the concern over eroding speech norms is mostly just white men who want freedom to be racist. There’s a mountain of evidence suggesting that that’s not true — the very New York Times editorial that ignited the most recent Twitter tribalism dunk-fest contains some of that evidence — but suppose that it was true. Suppose that this entire debate was about straight-up, no-doubt-about-it racism.
Probably the most famous free speech case in American history is the ACLU defense of Nazis’ right to march in Skokie, Illinois. We will surely never have a harder test case of the free speech principle because Nazis are — I’m sure we can all agree — the worst people. It’s actually incredible how near-universal that sentiment is. In a century that saw the Soviets, the Khmer Rouge, the KKK, and the 1980s Oakland A’s, the Nazis still emerged as the all-but universally agreed uponworst people in the world. When it comes to undisputed GOATs, it’s basically just Hitler for evil and Michael Phelps for swimming, which I’m sure is a comparison that Michael Phelps loves.
The ACLU understood that if free speech could be curbed for Nazis, it could be curbed for other groups. In fact, they were explicitly trying to push back against tactics that had been used to shut down civil rights protesters in the south. Many backers of the free speech movement were socialists, which makes sense, because being a socialist in Cold War America was about as popular as being a nudist at bible camp. By defending a far-right group, the ACLU defended a principle that also gave left-wing groups freedom to operate…
The right will continue to use tactics being used by the left. This week, Josh Hawley achieved the incredible feat of lowering my opinion of Josh Hawley by accusing Ketanji Brown Jackson of being soft on child pornographers. The charge was utter bullshit — it was even denounced in the National Review. But Hawley’s tactic was a classic Twitter-era move: accuse someone of a charge so toxic that they lose by even addressing it. An unhealthy aspect of our culture is that people thrown around very serious charges — pedophilia, racism, sexism, etc. — the way Jackson Pollack tossed around paint. Judge Jackson will survive because people understand what Hawley’s doing, and also because Hawley is about as popular as a bee sting to the anus. But our habit of lobbing serious charges just to put our enemies on the defensive is not an appealing societal trait, and I think it’s ridiculous to pretend that it doesn’t have a chilling effect on speech.
3) The squat as the ultimate exercise:
What is the single best strength-building exercise many of us could be doing right this minute but almost certainly are not? Consult enough exercise scientists and the latest exercise research, and the answer would likely be a resounding: squats.
“For lower-body strength and flexibility, there is probably no better exercise,” said Bryan Christensen, a professor of biomechanics at North Dakota State University in Fargo, who studies resistance exercise.
The benefits are not confined to the lower body. “It is really a whole body exercise,” said Silvio Rene Lorenzetti, the director of the Performance Sports division of the Swiss Federal Institute of Sport in Magglingen. “It requires core stability and trains the back.”
Some people worry that squats can imperil the knees and hips, but the exercise can actually help protect and improve the workings of these and other joints, said Sasa Duric, an exercise scientist at the American University of the Middle East in Kuwait, who has studied squats. The movement “helps maintain the flexibility, stability and function” of hips, knees and ankles, he said.
But perhaps most fundamentally, squats are key to living and aging well. “When we clean the house or plant a vegetable garden, we need to squat,” Dr. Duric said. Ditto for easing into and out of chairs and lowering ourselves to toddler level for face-to-face playtime.
In essence, according to a 2014 scientific overview, squats are “one of the most primal and critical fundamental movements necessary to improve sport performance, to reduce injury risk and to support lifelong physical activity.”
When my timer on my office desktop goes off reminding me to move every 20 minutes, I actually usually do squats.
4) Because we’re not going to fix European soccer with financial rules doesn’t mean we can’t fix European soccer. Rory Smith:
By now, it is abundantly clear that the way to manage the central problem in European soccer — the lack of competition engendered by financial imbalance — does not lie in a set of fiscal rules. They are too easily circumvented, too lightly enforced and invariably introduced several years too late.
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Instead, the solution has to be sporting. The biggest teams will always make the most money — or at least say they make the most money — and will therefore have an advantage when spending is limited to a percentage of income. The more effective way to improve competition, both between clubs and between leagues, is to limit how they can spend it.
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A hard salary cap, the sort often seen in North American sports, is clearly not something the clubs are prepared to accept. But there is nothing at all to stop UEFA from instituting policies that demand all teams have a significant proportion of homegrown players, or a certain number of squad members under age 23. There is no reason it cannot cap the number of players any team can send out on loan, or even introduce rules that grant effective free agency to players who have not made a specific number of appearances.
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Any and all of those measures would discourage the hoarding of stars by a handful of teams. In turn, they would allow that talent to be spread more evenly around Europe’s various leagues. They would encourage teams to be more judicious in the market, to think more long-term. They would help to level the playing field not by suppressing some, but by lifting others.
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5) Great stuff from Leonhardt on the insanity of Republicans at the KBJ hearings:
The debate over Jackson’s nomination has often had little to do with her. It has become an argument over a nominee who does not exist — one who does not respect America, is not truly religious, coddles child abusers and terrorists and has highly developed views about the importance of “woke” education. Yesterday, conservative activists used this portrayal to pressure moderate Democratic senators to vote against Jackson.
Conspiracy theories and unfair accusations have a long history in American politics, of course. But they have often remained on the margins. Today, distortions and falsehoods have moved to the center of politics.
While neither party is entirely innocent, there is a fundamental difference between Republicans and Democrats. False claims regularly flow from the leaders of the Republican Party — including its most recent president, several of its likely future presidential candidates and the most influential media figures aligned with the party.
Donald Trump began his political career by claiming that Barack Obama was born in Africa and ended his presidency with false accusations of voter fraud. Prominent Republicans regularly cast doubt on the fact that greenhouse gases are warming the planet and contributing to extreme weather. Disinformation about Covid-19 vaccines has been so widespread that almost 40 percent of Republican adults have not received a shot, sometimes with fatal consequences.
There is no comparable list of false information coming from senior members of the Democratic Party…
But in trying to make Jackson a stand-in for these views, Republican senators are distorting reality. They are creating a caricature of a liberal Democrat that bears little resemblance to Jackson herself.
“One thing that is striking about this hearing,” Lori Ringhand, a legal scholar, told The Times, “is how little effort we are seeing to engage the nominee on her views about actual legal issues.”
6) Good stuff from Chait, “Trump’s Greatest Triumph Is Convincing America Crime Pays The failure to prosecute is a defeat for the rule of law.”
We don’t need to rely on Pomerantz’s say-so to evaluate Trump’s culpability. The public evidence is very extensive. As a practical matter, these crimes turn out to be difficult to prosecute. Trump famously refuses to write things down, scolds his aides and lawyers from taking notes in his presence, and manically destroys documents. Some of the crimes that are documented, like his years of systematic tax fraud proven by the New York Times, occurred too long ago to be charged today.
That said, the correct observation that certain crimes are difficult to charge seems to be transmuting into a sense that stealing is more or less acceptable. Even complaining about the fact that a once and potentially future president of the United States can be a career criminal has become deeply unfashionable.
The modern history of Ukraine shows the deeply corrosive effects of allowing this assumption to exist unchallenged. When a country gives up on the idea that rich people have to follow the law, the entire legitimacy of the state comes into question. Both the supporters and the enemies of Ukrainian sovereignty have understood for more than a decade that its very existence hinged on eliminating, or at least suppressing, the legal impunity enjoyed by its business class.
That belief is why Vice-President Joe Biden, at the tail end of the Obama administration, was pushing Ukraine to fire its ineffective prosecutor and install one who would make rich Ukrainians follow the law. And it is also why Vladimir Putin has so relentlessly used Ukrainian corruption as a pretext to violate his neighbor’s sovereignty.
Trump has spread a similar idea here. He has, of course, promiscuously accused all his antagonists of being crooks. But he has also insinuated his own complicity in their crookedness, bragging that he bought off politicians. The prosecutors who have tried to bring him to heel all look like losers. Mueller is a punchline. The broad cynicism that has set in about the rule of law is a genuine triumph for Trump.
7) This is such a fantastic essay from Ross Douthat (gift link) on the decline of movies as we know them (especially all the great middlebrow movies for adults that barely exist anymore).
My favored theory is that the Oscars are declining because the movies they were made to showcase have been slowly disappearing. The ideal Oscar nominee is a high-middlebrow movie, aspiring to real artistry and sometimes achieving it, that’s made to be watched on the big screen, with famous stars, vivid cinematography and a memorable score. It’s neither a difficult film for the art-house crowd nor a comic-book blockbuster but a film for the largest possible audience of serious adults — the kind of movie that was commonplace in the not-so-distant days when Oscar races regularly threw up conflicts in which every moviegoer had a stake: “Titanic” against “L.A. Confidential,” “Saving Private Ryan” against “Shakespeare in Love,” “Braveheart”against “Sense and Sensibility”against “Apollo 13.”…
Within the larger arc of Hollywood history, though, this is the time to call it: We aren’t just watching the decline of the Oscars; we’re watching the End of the Movies…
No, what looks finished is The Movies — big-screen entertainment as the central American popular art form, the key engine of American celebrity, the main aspirational space of American actors and storytellers, a pop-culture church with its own icons and scriptures and rites of adult initiation.
This end has been a long time coming — foreshadowed in the spread of television, the invention of the VCR, the rise of cable TV and Hollywood’s constant “It’s the pictures that got small” mythologization of its own disappearing past…
The late 1990s were this cultural order’s years of twilight glow. Computer-generated effects were just maturing, creating intimations of a new age of cinematic wonder. Indie cinema nurtured a new generation of auteurs. Nineteen ninety-nine is a candidate for the best year in movies ever — the year of “Fight Club,” “The Sixth Sense,” “The Talented Mr. Ripley,” “Election,” “Three Kings” and “The Insider,” so on down a roster that justifies not just a Top 10 but a Top 50 list in hindsight.
8) And OMG was 1999 an amazing year for movies. And that also led me to an oral history of one of my personal favorites from 1999, “Office Space.“
9) I’m fully intending to write more about the incredibly problematic use of the precautionary principle, but for now, a snipped from Chait regarding a horrible misguided piece from a couple of public health authors:
I’ve written recently about the left-wing view that education does not matter, except as a source of stable employment for teachers and inculcating progressive values in children. That conviction is implicit in a new essay in the left-wing magazine Protean, headlined “Motivated Reasoning: Emily Oster’s COVID Narratives and the Attack on Public Education.”
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The authors, Abigail Cartus and Justin Feldman, are both epidemiologists, but the essay is informed primarily by their socialist policy commitments. Oster, their subject, is a liberal economist who has driven a lot of people on the left mad by arguing during the pandemic that schools should be open.
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Oster’s case for reopening schools is fairly simple. She finds very little evidence that in-person school increases community transmission of COVID-19. On the other hand, the harm produced by closing schools is enormous — ranging from disrupting child care for working parents and free school meals for low-income children to an enormous loss of learning, which fell disproportionately on poor and minority students.
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Cartus and Feldman question (I would say they quibble with) Oster’s conclusions about the low transmission risk of in-person schooling. But the really astonishing thing about their polemic is that they don’t engage at all with the damage caused by closing schools. It’s not that they have different, lower measures of the harm caused by closing schools. Instead they simply ignore that factor altogether and hope their readers don’t notice.
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Their basis for attacking Oster’s advocacy of open schools is that she rejects the “precautionary principle,” which “holds that decision-makers should err on the side of minimizing or eliminating a potential hazard, even if this might prove to have been an overreaction once more research becomes available.”
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Closing schools during the pandemic, they argue, was “a straightforward application of the precautionary principle.” It is not clear why this is so, given that keeping children out of school creates a very large potential hazard. Cartus and Feldman do not explain why one hazard should be minimized and the other ignored completely.
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10) I love reading about how Jon Bon Jovi thinks about his set lists:
“I’ve been blessed. I’ve released 17 albums in my career. That’s a lot of music. … You go, ‘Oh, this one would be nice to pull out again.’ And it’s not an easy task, because the audience wants hear Song X, Y and Z. … You gotta do all the obvious hits. … You’re not gonna not play ‘Livin’ On a Prayer,’ and ‘It’s My Life,’ and ‘You Give Love a Bad Name.’
“So it’s just how far into the ‘Bed of Roses,’ and ‘Always,’ and then ‘I’ll Be There for You.’ ‘Oh yeah, that’s three ballads. Gee, I can’t fit three. But they’re all hits!’ Believe me, it’s a good problem to have,” Bon Jovi says, with a laugh.
“But yeah, the hits take up 70%, and that leaves you with 30% for new material and obscure tracks. That’s the kind of breakdown. (So it leaves) you with X amount of slots for your artistic, you know, ‘listen-and-look-at-me’ moments, when it’s just about ‘I don’t care if you don’t wanna hear this song, I wanna play it. I’m allowed one or two of those,” he says, chuckling again.
“Then I have the benefit of changing it on a nightly basis. … If somebody hears ‘Always’ one night and ‘Bed of Roses’ the next night, it’s cool. It’s all acceptable.”
“Truly, it is like a very simple (process),” Bon Jovi adds, “but nonetheless a Rubik’s Cube.”
11) This is cool, “Is Geometry a Language That Only Humans Know? Neuroscientists are exploring whether shapes like squares and rectangles — and our ability to recognize them — are part of what makes our species special.”
The researchers called this the “geometric regularity effect” and they hypothesized — it’s a fragile hypothesis, they admit — that this might provide, as they noted in their paper, a “putative signature of human singularity.” (Experiments are ongoing and open to participants online.)
With the baboons, regularity made no difference, the team found. Twenty-six baboons — including Muse, Dream and Lips — participated in this aspect of the study, which was run by Joël Fagot, a cognitive psychologist at Aix-Marseille University.
The baboons live at a research facility in the South of France, beneath the Montagne Sainte-Victoire (a favorite of Cézanne’s), and they are fond of the testing booths and their 19-inch touch-screen devices. (Dr. Fagot noted that the baboons were free to enter the testing booth of their choice — there were 14 — and that they were “maintained in their social group during testing.”) They mastered the oddity test when training with nongeometric images — picking out an apple, say, among five slices of watermelon. But when presented with regular polygons, their performance collapsed.
“The results are striking, and there seems indeed a difference between the perception of shapes by humans and baboons,” Frans de Waal, a primatologist at Emory University, said in an email. “Whether this difference in perception amounts to human ‘singularity’ would have to await research on our closest primate relatives, the apes,” Dr. de Waal said. “It is also possible, as the authors argue (and reject), that humans live in an environment where right angles matter, whereas baboons do not.”
12) As almost always, great stuff from deBoer: “Sometimes People Legitimately Disagree on Difficult Questions: it’s not in fact true that everyone who disagrees with you is secretly evil”
I choose this tweet merely because it’s an encapsulation of so much of the assumption of bad faith and avoidance of the social justice perspective. (That Adam Costco is one of the most nakedly self-aggrandizing Last Good White Men is merely a bonus.)
Here’s the deal. I am opposed to the “social justice movement,” while being very much in favor of social justice, for a few reasons. The first is that I think the social justice movement is legitimately wrong on a variety of core issues. For example, civil liberties – I think they’re good; the social justice movement thinks they’re a con on the part of bigots. That’s a genuine disagreement. There’s people in the social justice movement who are explicitly, unambiguously opposed to free speech as a principle. And that’s cool. They’re wrong, is all. You can find plenty of books written that define the reasons free speech is good. But that disagreement between me and them is real. It’s not code for “I think trans people are faking.” (I genuinely don’t have the slightest idea what that could mean.) Unlike many in the social justice movement, I believe that civil liberties are essential even while I understand the vital need to fight racism, sexism, and transphobia. I simply believe that those fights have to be balanced with the defense of civil liberties, and in fact think that waging those fights requires a respect for civil liberties. Costco is free to disagree. But he’s not free to tell me what I “really” think. Another disagreement is about the proportionality of social punishment. The social justice movement often seems to think that anyone guilty of even minor expressions of bigotry should be permanently socially outcast. I don’t agree. But that’s all it is. It’s just disagreement. Happens every day.
But here’s something that should perhaps concern even people like Costco: the social justice movement has coopted basic left goals and has completely failed to meet them. The social justice movement hates racism, sexism, homophobia, and assorted social ills, and yet has achieved nothing in fighting them.
Indeed, I criticize the social justice movement not because I oppose challenging our status quo power hierarchy, but precisely because I do want to challenge that hierarchy. The social justice movement absolutely sucks at challenging establishment power! …
This failure, by the way, is perfectly predictable when you observe the fact that the social justice movement actively disdains persuading others (“it’s not my job to educate you”) and relentlessly fixates on ideas that are vastly unpopular (“defund the police”). Those seem like valid, important observations.
13) Yes to this on how to make the NCAA games way better:
The sport shouldn’t get rid of replay, but it should, at the very least, adopt a couple of fixes. No one needs officials quietly whispering “Enhance” to the replay operator eight times to see if the ball nicked the offensive player’s hangnail after the defender knocked it out of his hands and out of bounds.
When I tune into the final minutes of an NCAA Tournament game, I want to see a moment that looks like a dynamic athlete is operating on bullet-time closely followed by a decision that looks like a team never has seen a full-court press before.
I want to see the best plays I’ve ever seen randomly interspersed with the worst plays I’ve ever seen. It’s the beauty of watching college players chase a dream. It’s tremendous television. You never know what can happen on the bracket, but you never know what can happen on the floor in a game, either. On Saturday, North Carolina coughed up a 25-point lead in less than a half and beat a No. 1 seed in overtime anyway. It was the kind of game with enough twists and turns that would be a farce if it was fiction. Instead, it was one of the craziest games I’d seen all year.
I want to see that.
I don’t want to see 12 replays of a block/charge call interspersed with a closeup of the back of two referees hunched over a tiny monitor at center court. I’d rather watch a marathon of the final season of “Lost” on repeat for a week.
This can be fixed.
One, install a permanent replay official with the power to overturn a call. There’s no reason the game needs to be stopped for a replay review of whether a shooter’s foot was on the line. Let a replay official, with no responsibilities on the court, examine it during play. If the call was correct, keep it moving. If a change is necessary, stop play at the next made basket or dead ball and announce it. Then keep it moving.
And most importantly, that “52 seconds” that can go well over on plenty of occasions and definitely did so during the season, has to drop. Let a permanent replay official, whether on-site or in a neutral location like the NBA does, begin the review immediately (maybe even before a review officially begins) and consult with on-court officials after they go to the monitor and work together to make a decision.
But there has to be a clock. No review needs to go longer than a minute or 90 seconds at most, barring a fix to the game clock to correct a missed call. If it’s not 100 percent clear by that brief deadline, let the call stand.
Replay has to be a net to catch egregious misses, not forensic science. The pursuit of getting calls right is a noble one, but when it becomes three minutes spent watching eight zoomed-in shots of four different angles and a couple of fan-shot videos from the crowd to learn that, actually, the ball didn’t graze the center’s leg hair and officials got the call right on the floor, that pursuit becomes a net negative on the sport.
The NCAA Tournament is the most fun event in sports, but replay is turning the most fun part of the game into an atrocious viewing experience.
14) Good stuff from Katelyn Jetelina on the possibilities we face for BA.2.
15) Unless one of you convinces me otherwise, I’m done with “Severance” on Apple TV. Mostly, I’ve decided the creative team has some interesting ideas that I wouldn’t be surprised if they have a big payoff at the end, but they have basically no idea how to construct a compelling episode of television.
It might as well be called the Maguffin Corporation, given that whatever their work might be revealed to affect, if indeed it affects anything at all, will be less important than the fact that none of them have any idea what it’s about and less interesting than the pokily building adventure that gets them to wherever this show is meant to end. Clues are dropped that something deeper is going on, but so much time elapses between them that you may have dropped one by the time you gather the next…
And because there is a mystery, if only in the sense that we are given very little information — even the characters, apart from Mark, have been severed from their backstories — one keeps watching, to discover what’s being held back, however many trips down a white corridor to jaunty tropical hold music that entails. You will have to wait a little; the season finale is genuinely exciting and suspenseful, but, really, even as an advocate of slow television, we might have got there in half the time with twice the effect. Rod Serling could have wrapped it up in half an hour.
16) Meanwhile, “The Other Two” is an absolute delight and so well-written. Way more people should be watching and talking about this show.
17) This Editorial from the UVA student newspaper calling for Mike Pence not to speak on campus is nuts. It really is “no platform for Republicans.”
A student organization recently announced its plans to host former vice president Mike Pence this April to speak in Old Cabell Hall. For Pence, gay couples signify a “societal collapse,” Black lives do not matter, transgender individuals and immigrants do not deserve protection and the pandemic should not be taken seriously. Nevertheless, the University has accepted Pence’s visit as an “opportunity to hear from, and engage with, leaders and experts from a wide variety of fields and perspectives.” So-called “perspectives” should not be welcomed when they spread rhetoric that directly threatens the presence and lives of our community members. [emphasis mine] The LGBTQ+ individuals Pence has attacked, the Black lives he refuses to value and the successful stories of immigration he and the former president hope to prevent — these very people are our peers, our neighbors and our community members. We refuse to condone platforming Pence.
Oh, “the lives” threatened by Pence! Anyway, I got my first ever block on twitter as Jamelle Bouie (UVA alum) blocked me for tweeting derisively about this editorial.
18) Mark Joseph Stern, “The Ketanji Brown Jackson Hearings Show Marriage Equality Is the Next Target Once Roe Falls”
During Ketanji Brown Jackson’s hearings this week, GOP senators have, predictably, condemned Roe—but not as much as might be expected. Instead, many senators have turned their attention to a different precedent that’s likely next on their hit list once Roe likely falls this summer: Obergefell v. Hodges, the 2015 decision recognizing same-sex couples’ constitutional right to marry.
Loathing for Obergefell emerged early on Tuesday, when Republican Sen. John Cornyn launched a frontal assault on the ruling, then sought Jackson’s reaction. He began by criticizing “substantive due process,” which holds that the “liberty” protected by the due process clause protects substantive rights, not just procedural ones. The Supreme Court has used this theory to enforce “unenumerated rights” that it deems fundamental, including the right to marry, raise children, use contraception, and terminate a pregnancy. Along with equal protection, it served as the basis of Obergefell. According to Cornyn, however, this doctrine is “just another form of judicial policymaking” that can be used “to justify basically any result.”…
In case it wasn’t clear what these senators were up to, Cornyn made it explicit on Wednesday afternoon. “The Constitution doesn’t mention the word abortion,” he lectured Jackson, “just like it doesn’t mention the word marriage.” These senators appear confident that the Supreme Court will overrule the constitutional right to an abortionin Dobbs v. Jackson Women’s Health Organization, which should come down by June. They are so confident, in fact, that they prodded Jackson to say whether she would abide by Dobbs once she joins the court, rather than fight to revive Roe. But on the whole, Republicans were noticeably less engaged over abortion than they were about same-sex marriage…
It’s easy to see why. The GOP, alongside the conservative legal movement, has built up a massive infrastructure to fight the culture wars. After Roe, it will need a new target, and marriage equality is the obvious choice. Republicans never really gave up on the issue, but rather staged a tactical retreat after Obergefell, pressing for sweeping exemptions from civil rights laws to legalize discrimination against same-sex couples. But after Justices Brett Kavanaugh and Amy Coney Barrett replaced the gay-friendly Anthony Kennedy and Ruth Bader Ginsburg, this retreat slowed to a crawl, and Republicans sought to regain some ground. They pressed the Supreme Court to roll back protections for same-sex couples (to no avail—yet) and have now launched a campaign to mandate anti-LGBTQ discrimination in schools. A GOP legislator in Texas has asked Attorney General Ken Paxton to declare that the state’s ban on same-sex marriage remains valid and enforceable.
As the architect of Texas’ vigilante abortion ban has candidly acknowledged, overturning Roe will leave Obergefell hanging by a thread. And the unraveling won’t stop there. A number of major decisions protecting reproductive rights, including access to contraception, will be imperiled if the court repudiates substantive due process. So will Loving v. Virginia, the 1967 decision legalizing interracial marriage, which—just like Obergefell—relied on both due process and equal protection. Republican Sen. Mike Braun claims to have misspoken when he said that Loving should be overturned on Tuesday. But he was only following his beliefs to their logical conclusion.
19) This is really good, “How Putin badly misjudged the West, as explained by a Russia expert”
Greg Sargent: What is it about Putin’s way of seeing the world, and his understanding of his own mythologies, that made it inevitable that he’d underestimate the Western response?
Timothy Snyder: For me the most revealing text here is the victory declaration, which the Russian press agency accidentally published on Feb. 26. What they say is that the West just basically needed one more push to fall into total disarray.
If you watch Jan. 6 clips over and over again, you can get that impression. The Russians really have been fixated on Jan. 6.
They thought a successful military operation in Ukraine would be that nudge: We’d feel helpless, we’d fall into conflict, it would help [Donald] Trump in the U.S., it would help populists around the world.
Sargent: When you say Russia has been making a lot of Jan. 6 — what do they read into it?
Snyder: Number one, they use it to mock us by saying, “These are just peaceful protesters.” Number two, they use it for one of their favorite arguments, which is that democracy is a joke everywhere.
But the deeper point is that Trump’s attempt to overthrow the election on Jan. 6 made the American system look fragile. They think, “One more Trump and the Americans are done.” In invading Ukraine, they think they’re putting huge pressure on the Biden administration. They’re going to make Biden look weak.
That probably was their deep fantasy about the West: Successful military occupation in Ukraine; the Biden administration is totally impotent; we humiliate them; Trump comes back; this is a big strategic victory for us.
20) This is old and funny as hell, “Ayn Rand reviews children’s movies”
“Willy Wonka & the Chocolate Factory”
An excellent movie. The obviously unfit individuals are winnowed out through a series of entrepreneurial tests and, in the end, an enterprising young boy receives a factory. I believe more movies should be made about enterprising young boys who are given factories. —Three and a half stars. (Half a star off for the grandparents, who are sponging off the labor of Charlie and his mother. If Grandpa Joe can dance, Grandpa Joe can work.)…
“Charlotte’s Web”
A farmer allows sentimental drawings by a bug to prevail over economic necessity and refuses to value his prize pig, Wilbur, by processing and selling him on the open market. Presumably, the pig still dies eventually, only without profiting his owners. The farmer’s daughter, Fern, learns nothing except how to become an unsuccessful farmer. There is a rat in this movie. I quite liked the rat. He knew how to extract value from his environment. —Two stars.
21) Good free Yglesias post you should read, “Climate politics for the real world: What the Sunrise Movement and its boosters get wrong”
And it’s worth stepping back from the debate about specific tactical decisions and bad tweets to examine that underlying framing. This is the way I think the left sees the climate issue:
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There is a latent desire among the mass public for sweeping change in general and for sweeping climate-related change in particular.
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The main impediment to change is an elite cabal of special interests, most of all the fossil fuel companies, who wield power through campaign contributions and buying ads to distort the media agenda.
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Due to the corrupting influence of fossil fuel money, not only do Republicans take bad stances on climate-related issues but so do Democrats, which means highlighting Joe Manchin’s personal financial relationship to the coal industry is crucial to communicating the legislative dynamics at work.
The upshot of this framework is that we need a broad grassroots movement that can push the political system (including corrupt and wayward moderate Democrats) into taking the drastic action the planet needs and the people demand.
And my view is that this is all wrong…
The vast majority of people believe that climate change is a real problem and would like to see politicians and elected officials do something about it.
But popular commitment is fairly shallow for a number of reasons:
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Most people are somewhat selfish and somewhat short-sighted, and the worst impacts of climate change occur in the future and afflict other people.
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Climate is a global problem and solutions require global coordination, which is inherently difficult and involves players who want to free-ride and also those who worry about others free-riding.
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Humans are often arbitrarily averse to change. If you tell people “instead of X you can have Y,” they have a strong tendency to be suspicious that Y is worse than X.
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