Ketanji Brown Jackson

I really wish Biden had not announced, during his campaign for the presidency, that he would appoint the first black woman justice to the Supreme Court.

There was no need.  He should have said nothing and then gone ahead and appointed Ketanji Brown Jackson out of the blue, as his choice as the most qualified candidate.

Not because he was wrong.  But because it fed into the false far-right narrative that deliberately choosing a black woman and excluding all white men or women is a form of racial discrimination.

So if a black person is charged with a crime and appeals his verdict all the way to the Supreme Court and is a confronted with 9 old white men who will arbitrate his fate, there is no problem.  They are the best.  They are the most qualified.  And there could not possibly be the slightest racial bias embedded in their judgements.

That’s what the far-right would have you believe because, to be blunt, they are too stupid to see a problem.

What they ignore, of course, is, first of all, that there very likely is a racist element to the selection of those judges.  Every single Senator who voted to confirm those justices could openly, sincerely declare that race did not play a role in their choice to confirm.  But that would imply the belief that racism played no role in the establishment that created the network of personal connections, criteria, cultural institutions, inflections, language, and so on that provided them with the nominees from which they chose the members of the Supreme Court.  They might even sincerely believe that these old white male justices would have enough amazing insights into all of the issues and conditions that black people experience to render an objective and fair verdict on each case.  They might believe that black people experience the same law and the same enforcement strategies as white people and that, therefore, there could not possibly be any discriminations or injustice in the way the police and prosecutors conduct their prosecutions.  The police are just as likely to stop or pull over a white citizen for a “random” check as a black citizen.  They are just as like to respect his rights and assume innocence as a they would for a white suspect.  They are just as likely to use physical force.

That is a fantasy.

I don’t think they really believe it themselves.  They know they cannot openly declare that only white people (or black conservatives) should be on the Supreme Court because they are white.  They can’t openly declare that black people are trying to steal the material benefits created by hard-working white people.

They can’t admit that Clarence Thomas was chosen because he was a black conservative and they relished the idea of liberals having to consider rejecting a black nominee just because he was a lousy ideologically driven judge.

For What it’s Worth

Though a large majority of Americans thought it was right and good and natural for the government to pay off the families of victims of the 9/11 attacks, it was not. This was a completely original application of government resources and policy that had never been done before, and it was at the behest of the airline industry which convinced the government– and the makers of this movie–“Worth”– that the nation would suffer immense economic harm if existing law was permitted to prevail and the airlines were sued, like they should have been in a capitalist free enterprise economy.

Firstly, let’s establish the history of government compensation.  The Japanese who were unjustly interred during World War II (and their property seized)?  Each of the survivors were offered– pay attention!– $20,000 compensation.  The families of deceased internees received nothing.  That’s 20 big ones, folks!

  • Victims of slavery?  Nothing.
  • Victims of the Tulsa race riots?  Nothing.
  • Victims of the Detroit or Los Angeles race riots?  Nothing.
  • Victims of murders and rapes generally?  Nothing.

Now there have been other victims, of course, of gross negligence or criminal misbehavior by private corporations.  In almost every case, compensation is settled in civil court, through law suits.

There have been, of course, thousands upon thousands of Americans who suffered because of military actions by foreign governments, in Korea, Viet Nam, Panama, Iraq, Afghanistan, Lebanon, and so on.  In general, the victims (and families of victims) receive– if anything– a nominal amount of compensation from the government.

In the case of 9/11, the victims (and families of victims), allege that the airlines were negligent in some way.  They should have known about the threat of extremist hi-jackers and should have prepared adequately for the eventuality.   You would imagine the airlines would be quite anxious about this.  Imagine the parents, siblings, wives and husbands and children, casual acquaintances, shoe-shine boys, neighborhood letter carriers, and so on, all testifying in court, weeping about their grievous losses.  Juries don’t rationally assess what a realistic “risk” is, but they can easily imagine that an airline might have built secure doors to the cockpit into their planes, or made more effort to prevent hijackers from getting through security with box-cutters, or provided armed security on every flight to prevent this sort of thing.

Have the airlines ever sued somebody?  Have any of the executives or large shareholders of the airlines ever sued somebody?  Did they think, before 9/11, that unlimited jury awards in tort cases might be a bad idea (actually, Republicans generally do)?  Why were gun manufacturers specifically exempted from tort law in 2005?   (As the link clarifies, gun makers could still be liable for “defects” in their product, as if a product designed to kill and maim people can ever be said to have defects– does it not kill and maim?  Take it back to the store!)

Remember all that blather you heard about government hand-outs leading to toxic dependency? Yeah, that’s only for immigrants and black people.  In a capitalist system, as we claim to have, and as we say justifies letting poor people fend for themselves instead of helping them, the courts provide a system by which a good citizen can address compensation for deficiencies in a product or service that causes personal loss and suffering.

But then the wealthy shareholders and investors in the airlines involved would actually lose some of their profits?  The CEO’s of those companies might be deprived of bonuses!  The hedge fund managers might have less to hedge!  So  the U.S. government decided that in this case, by golly, let’s open the spigots and pour the money out.  The taxpayers, feeling generous, demand that the families of victims of 9/11 receive lavish, glorious compensation!   Billions and billions and billions!

Next problem: how to decide who gets what?

We are the government: we have trillions.  And if we need more, we’ll borrow it and hand a massive IOU to future generations. Line up and put your hands out everyone. And remember, repeat after me, “it’s not about the money”. Let’s work on those euphemisms:

  • to bring closure;
  • to ensure dignity;
  • to make sure this never happens again;
  • to bless the children and the kittens and the apple pie.

Meet Ken Feinberg, who, you should know, has been repeatedly hired (subsequent to 9/11) by large, powerful corporations like BP and Boeing to handle massive claims distributions after great big disasters. (Most recently, he has managed the 737 Max victim fund). Feinberg is asked by John Ashcroft to be the master of the compensation fund for victims of 9/11 and, to the credit of “Worth”, he is shown to be, at first, pretty clueless about managing the delicate feelings of the victim’s families.  (Except that he tastefully does refuse a salary– but then, we know how that works: somewhere down the road he will receive another appointment, maybe to a corporate board or government post, that does pay, very, very well).

The film does want it both ways: the families cannot be seen to be a mob of greedy materialists salivating at huge financial rewards. It’s not about the money, right?  Repeat after me: IT’S NOT ABOUT THE MONEY.

But it is always about the money.

Even the supposedly “pure” Donato family that sneers at the idea of taking compensation eventually joins the suit. Possibly the gravest hypocrisy in the U.S. right now is this absolute bullshit that people get away with when suing someone for a grievous loss. It is always about the money. “Worth” is far more honest than I expected about that, and presents some interesting dialogue about how the “worth” of a human life is determined. Should a janitor’s family get the same payout as a rich executive? (The initial plan, which rightly offended so many of the litigants, said: the CEO should get more since more potential earnings were lost.) And what about the children of a fireman by a woman with whom he was having a secret affair? Even more delicate: the gay partner of one man who lived in Virginia which did not allow for gay spouses.

“Worth” is above average in it’s handling of these subjects, and relatively self-effacing– for a time– about Feinberg himself. Perhaps that is because it was critical to present him credibly while soft-pedalling the fact that this was all, all, really about sparing the airlines’ shareholders from shouldering the cost of their liability for 9/11, and for allowing juries to award scads and scads of millions of dollars for “pain and suffering” to family members who can cry on cue on the stand during a trial.

We are also shielded from detailed discussion about the percentage of a settlement sucked up by the lawyers in cases like this.  The most depressing thing about this entire episode is how the government continues to resist any serious discussion about compensating the families of victims of slavery, or racial violence, in any form whatsoever. I’m not saying there is no argument against it– there is. I’m just noting how obvious the difference is between these two constituencies, and how quickly we can disregard and make exceptions to policy whenever we feel like it.

Astonishingly, Feinberg’s entry in Wikipedia contains no personal information about the man.  That is wondrous, for someone who was pivotal to some of the biggest and most controversial disasters in recent memory.

Maartin Vrieze

When I did a search for a philosophy professor I took a course with 40 years ago at Trinity Christian College, I found nothing.  Except for one indirect reference.   [I have since located an actual article by Dr. Vrieze, in the digital collections of Dordt College.]

This is shocking to me.  Can a man devote so large part of his life to teaching philosophy to hundreds of students and disappear with barely a trace on the Internet?  Well, of course, he did all this long before the Internet even existed, but still, you would think there would be a few pages somewhere honoring his legacy, the hundreds of students who were inspired (or not) by his lectures.   Maybe some former student fondly remembers the required perspectives courses we all had to take our first year at Trinity (What is this?  A chair?  How you know it’s a chair and not an umbrella?)

Here is my note on Dr. Maartin Vrieze, so there is at least one page somewhere devoted to him:

2 plus 2 does not Equal 4

Probably the best course I took at Trinity was Dr. Vrieze’s “Philosophy of Science” class.

Until then, we had studied philosophy in various eras, medieval, modern, 19th Century. We studied Kant and Descartes and Hume, all relics of a different era, relevant but quaintly insular. Who really cares about Kant’s categories of being in the era of Woodstock and Watergate and Viet Nam and Bob Dylan and the Beatles?

The revolutionary aspect of the Philosophy of Science course was it’s reliance on current, living philosophers, and the course texts consisted mostly of periodicals instead of text books. It was here I was introduced to Karl Popper, Imre Lakatos, Paul Feyerabend, Arthur Schopenhauer, and Ludwig Wittgenstein. And it was here, for the first time, I was convinced that 2 plus 2 might not equal 4. This mathematical equation was not some transcendent logic that would always be true no matter what you believed about God or reality or physics. It was the product of rigid doctrines promulgated first by the Greeks, and sustained through millennia by everyone from Thomas Aquinas to Immanuel Kant.

To be clear, I didn’t necessarily believe that 2 plus 2 was a subjective idea that could be discarded at will. I was skeptical of that too. But my readings, especially of Feyerabend and Lakatos and Wittgenstein, convinced me that you could make an argument for the idea that it really was an arbitrary construct based on assumptions about the nature of physical reality, and that if you assumed a different nature of reality— say, for example, that time is a river, not sequence of discrete events— you could end up with a universe in which 2 plus 2 does not equal 4.

Karl Popper presented the idea of paradigms: that we can understand the world as the framework of a model or set of assumptions which endure as long as they are “useful” and productive in some way. This idea has been useful to me over and over again: look at the people who support Donald Trump. They operate according to a different paradigm. And it is almost impossible to shift someone’s paradigm until it begins to break down or disintegrate under them, or until they find a new paradigm that is more “useful” to them, that makes more sense to them, and seems to.

Wittgenstein believed that all of reality is essentially the product of language. It was in linguistic expression itself that our experience of the world is constructed. I found this idea very intriguing.

Mark Vandervennen, who was in the course with me, kept asking, “what is the Christian response to these philosophies? How do we answer them with our own truth?” Until then, every course on philosophy at Trinity concluded with a survey of the “correct” Christian response to these pagan ideas. Most of the time, this consisted of nominally Christian thinkers like Herman Dooyeweerd who rather obviously adapted Kant’s model of knowledge into his own scheme, in Dooyeweerd’s case, particularly, categories of being.


Vrieze steadfastly refused to provide an out. He would sometimes repeat the question to the class: “How do we respond to Wittgenstein? Tell me.”
I began to believe that this course was Vrieze’s revenge on the entire edifice of Christian College philosophy and theology. He seemed to be demonstrating to me that none of the pat answers we received in all of our earlier perspective and philosophy courses were adequate to address the real issues raised by the most powerful living philosophers.

Perhaps he was addressing his own professional disappointments.  He never seemed to have risen to a position of prestige or professional recognition that I think he felt he deserved.  His European sophistication (he was born in Holland and studied in South Africa) seemed out of place at a mid-western American Christian college.

Google Dr. Maartin Vrieze. It is shocking to me that there is almost no references to him on the Internet.  How can a man devote his life to a discipline like philosophy and not leave at least some trace of his work on the internet, even if his career was before the internet?

I need to do a page and make the link: someone should have a tribute to this gregarious, entertaining, provocative teacher.

Trooper of the Year

No all police are corrupt, self-serving, fascist pigs.

Of course not.  I am occasionally reminded by friends that you should not judge all police by the bad behavior of a few.  They are right, of course.  But when you read a story like this, you begin to wonder if the people who advocate defunding the police aren’t right.  Here you have a police officer arriving at a scene in which a emotionally disturbed young man is threatening to take his own life.  The sensitive, kindly, thoughtful State Trooper demands that the man drop his weapon.  When he doesn’t– he had it taped to his neck– the distinguished officer shoots him dead.

Now, it is one thing to argue that this outcome was unfortunate.  It is one thing to argue that this outcome was unnecessary (the man in question was in his own room in his own house and not threatening to kill anybody but himself).  It is one thing to argue that the situation was unclear.  But it is something else entirely to give the officer an award for “Trooper of the Year”.

The officer, Jay Splain, went on to kill three more people.  Is there a bigger award than “Trooper of the Year” we can give him?

So the institution of the state police are all in on it.  So many of them felt so strongly that there was nothing wrong with this outcome that they called public attention to it and gave him a prize and a commendation.

Even some conservatives will tell you that this kind of incident could be avoided with a little common sense: there was no need for the police to even escalate the situation at all.

But he had a gun.  But isn’t that his god-given all-American Jesus-Loving wholesome family values right?

Mr. Martin saw nothing wrong with allowing the police to investigate themselves.

Mr. Martin thinks people like me think people like him are stupid.  He’s right.

But I would love to ask Mr. Martin, since the principle of allowing police to investigate themselves is alright with him, would he mind if allegations of welfare fraud were investigated by, say, local black church leaders?  Drug dealers?  Let’s get representatives of the pharmaceutical companies to judge.  Traffic violations?  I think NASCAR should send us some reps.

 

Those We Can

The chair of the Columbia University department of psychiatry was suspended on Wednesday, “effective immediately,” after referring to a dark-skinned model as possibly a “freak of nature” on Twitter.  NY Times

What the hell is wrong with that?

The Grand Canyon is a “freak of nature”.  A peacock is a “freak of nature”.  The Northern Lights are a “freak of nature”.  They are beautiful and wonderful.

It is quite notable that most of the great cancellations of the “woke” era are of people who are fundamentally allied politically with those who do the cancelling.  [See, most recently, Jane Campion.]

Witness poor Jeffrey Lieberman, the chair of psychiatry at Columbia University in New York.  It is immediately apparent from his abject apology and self-flagellating acknowledgment that he, unlike the real enemies of racial justice, is sympathetic to the cause.  I believe his sense of guilt is entirely derived from the self-righteous piety of those accusing him.  He thinks he did something wrong because a bunch of puritanical zealots told him he did.  He even added that he now knows that he had no idea how racist he was. The  horrified expressions and vindictive passion of his accusers overwhelmed his good sense.  His attackers feel righteous and holy, having once again stomped out another residue of institutional black oppression.

He absorbed a terrible insult and I dearly wish he had had the character to stand up to this bullshit and refuse to apologize or acknowledge that there was anything wrong with his tweet.  Let them fire him and let it play out.  It will not go well for his attackers.  They will have provided Tucker Carlson with more fodder.  And then sue the damned University for damages and wrongful dismissal.  Let it play in a court of law: I was fired over a phrase.  Let us learn what the meaning is of “freak of nature”.

What did he do?  He remarked upon the surreal beauty of model Nyakim Gatwech.  I’ll join him in his transgression: Ms. Gatwech is a surreal beauty of utterly remarkable skin coloring.   She is unique and unusual.  Yes, a “freak of nature”, like Wayne Gretzky, Einstein, and Tuesday Weld.

“Freak of nature”: that’s the phrase that set off people:

“Dark skin is normal, dark skin is just part of the normal variation of human existence,” Dr. Lett said. “Stigmatizing language has psychological impacts. It hurts people.”

Yet Ms. Gatwech herself proudly advertises her colouring as a valuable and commodifiable quality.  She is paid to show her skin to the marketers of cosmetics and clothing, to photograph and broadcast.  Ms. Gatwech, for your information, is cashing in on the character of her skin colour.  Is there a note of hypocrisy here?  Well, it’s not just a note; it’s a symphony of hypocrisy.

Dr. Lett assumes that “freak of nature” is pejorative.  It is not.  It is fundamentally similar to the first part of my comment, that Ms. Gatwech’s skin colouring and shape is a unique and remarkable expression of various attributes of gender, race, and heredity.  Unusual.  Distinctive.  Uncommon.  Poetically, she could be said to be a Mona Lisa, a Venus, a Madonna.

How different really is it from this more “anodyne” comment from TeenVogue?

It was then the dark skinned beauty started to build her portfolio, taking two years in New York and countless weekends during college to have photo shoots.

“Dark-skinned”?  Does that phrase stigmatize Ms. Gatwech?  Does it stereotype her?  Does the word “beauty” sexualize her?

It is clear from the rest of Dr.  Lieberman’s tweet that his comment is complimentary.  He admires Ms. Gatwech’s beauty.  It takes a perverse mind to construe his tweet as “stigmatizing” or “stereotyping” especially when the very attribute he is amazed by is her particularity.

Is it racist?  I don’t see it.  I see someone stating the obvious: Ms. Gatwech is a very unusual beauty, with extremely dark skin.

He added that he was “deeply ashamed” of his “prejudices and stereotypical assumptions.”

WTF?  What prejudice?  What “assumptions”?  Is there something else he said that we are missing that expressed prejudice?  Do the people making the accusation even know what a “stereotypical assumption” is?  Where is it, in the tweet?

I cringe at Dr. Liberman’s pathetic surrender to the puritanical fanatics of this culture of victimization.  You give liberals and progressives a bad name.  You make some right-wing commentators sound reasonable when they decry your extremism.

As for his judges, I hope I never, ever, ever meet you.

More on the scandal from NYTimes

An Excellent Rebuke to the culture of purity and assonance.

As for Jane Campion, what she said, in accepting her award for “Best Director”, is absolutely accurate: the Williams sisters did not, like her, have to compete against men for their prizes and awards.  Some critics counter that they did, indeed, play on mixed doubles teams, where they did play men.  Give me a break: that’s is not remotely the same as playing one-on-one against Nadel or Djokovic, against whom neither sister would stand a chance.  It is also a pity “King Richard”, the film about how they were “encouraged” to succeed by their father, never raises the issue of steroid abuse, even if to insist Serena was not using them, and that she had a TUE (Therapeutic Use Exemption) for prednisone, prednisolone and oxycodone.

As rumors of steroid abuse swirled around the WTA in the late ’90s and early 2000s, the WTA finally took action and called for offseason steroids testing. That testing was blocked by the top three women’s tennis players at the time. Those players were Serena and Venus Williams, along with Jennifer Capriati.  Bleacherreport

The claim is that these therapeutics help a sick athlete get better.  But very few therapeutics actually do that.  Usually, a virus runs it’s course and diminishes over time.  Therapeutics merely help you feel better.  And if someone was paying you millions of dollars to perform without raising questions about the integrity of your performance….

How Dare you Defend Yourself

The New York Review (of Books) is one of the best periodicals I have ever read.  It is up there with the long lost “American Film” and “Musician” magazines: couriers of superlative, thoughtful, original journalism unlike almost everything else out there.  Like “Wired” for it’s first year before it immediately declined into commercial crap gadget marketing manual.  Or “Byte Magazine” before it got bought out and began approving of Microsoft and got destroyed.

No– it is better than all of them ever were.

But, in the past few years, a couple of missteps.  First, Editor Ian Buruma is fired because he had the shameless audacity to allow Jian Ghomeshi to defend himself after the women who charged him with abusive behavior were caught lying to the police and to the judge at his trial.  I repeat, for emphasis: the women who charged him with abuse and assault lied to the police, to the crown attorneys, and the judge.  The evidence of this is indisputable.  There is no doubt but that the court would have loved– more than anything– to nail Jian Ghomeshi, but they didn’t because, by any reasonable standard of justice, they could not.

All of the charges were, as a result, dismissed.

But Mr. Buruma’s publisher decided that the lies did not matter.  The fact that some women made the charge against Ghomeshi is sufficient to determine his guilt.  Women never lie.  And if they do, the men they lie about are still guilty, because they are men.

And so we get to a deeply regrettable review by Joyce Carol Oates in the February 11, 2021 issue of New York Review, “Chronicle of a Death Ignored”.   Ms. Oates is discussing a book by Becky Cooper, “We Keep the Dead Close: A Murder at Harvard and a Half Century of Silence”, about the murder of a Harvard graduate student, Jane Britton, in January, 1969.  Becky Cooper– to Ms. Oates pleasure– writes mostly, really, about herself, how she connected to the story, how she felt about it, and how important it is for us to know all about her.  Full disclosure: I don’t like that kind of “journalism”.  It’s not journalism.  It’s about me.

She also spends considerable time and effort to condemn Harvard University for not finding the killer among their abusive or “callow” professors for surely they were– as men– abusive or callow or both– and must certainly answer for Ms.  Britton’s murder.   But Becky Cooper is on to them: she confronts them with courage and conviction and persistence and forces them to admit that they are abusive and callow.

She is selective, of course.  Some students felt that Jane was in an abusive relationship with a professor at the time.  That must surely be true.  Jane’s brother thought she was promiscuous, a drug abuser, and “a bitch”.  That must surely be false, since it came from a man.

There is a development that is incredibly inconvenient for Cooper, which explains the odd first three paragraphs of Oates’ review.  Cooper has developed her entire project around the assumption that it was a Harvard professor, most likely Professor Lamberg-Karlovsky, who raped and murdered Britton.   Thus she is shocked and horrified that Harvard University actively  provided legal support to Lamberg-Karlovsky and others.

So, having spent 10 years developing this thesis and marshalling all your rhetorical energy to condemn the Harvard patriarchy, what do you do when the murderer turns out to be someone who had absolutely nothing to do with Harvard University?  Well, Oates would have you believe that there is some kind of essential, magical truth that makes Cooper’s narrative “a brilliantly idiosyncratic variant of generic true crime, rather more a memoir than a conventional work of reportage”.

What?

Pay no attention to that man behind the curtain.

Harvard was indeed “silent”: but there was nothing to hide or disclose.  It didn’t know who murdered Jane Britton and, as it turns out, there was no reason to think it should have known.  Harvard didn’t “ignore” the death.   It’s just that Ms. Cooper and Ms. Oates think the Harvard patriarchy is complicit in some way regardless of the facts.

And they are not personally satisfied with the grandiosity of Harvard’s response, as if Harvard owed it to them, as women, to scale it all up.

Well, as in the case of Ghomeshi, it is sufficient to make the charge.  How dare they defend themselves!  If a woman says you did something wrong, you did something wrong, whether you did it or not.

More Harvard Cancellation.

 

 

The Bible on Abortion

From Reddit:

Quoting the bible to contradict a Christian almost never helps, but there is only one part that brushes against the value of an unborn life versus a fully formed human.

Exodus 21:22 –

And if men struggle with each other and strike a woman with child so that she has a miscarriage, yet there is no [further] injury, he shall surely be fined as the woman’s husband may demand of him; and he shall pay as the judges decide. But if there is any [further] injury, then you shall appoint as a penalty life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise.

We can extrapolate from this that the value of an unborn fetus is not equal to the value of the mother. As the passage says, cause a miscarriage and you’ll be fined, not put to death. There are pages and pages of research about this passage where pro-lifers try to twist and contort the meaning in the original Hebrew, but the context makes it quite easy to understand the message that was trying to be conveyed.

Biblical Scholars– the overwhelming majority of which are pro-life– argue that the verse refers only to live births.  But at least one admits that “in fact, it is never used for a miscarriage, though it is used of a still birth.”

Further to that, does this passage make sense if it only refers to live births?    Where is the harm, exactly, if the woman is struck and then gives birth?  If it is the harm of being struck, then why the reference to “miscarriage” or “birth”– your choice?  It really does not make much sense unless it refers to a miscarriage.

The pro-life partisans argue that the particular Hebrew word is not used elsewhere to refer to still-births, but, of course, the Bible isn’t a comprehensive list of all possible eventualities.  The argument has some currency, but not very much, in my view.

My Liberty Your Liberty

“By choosing to privilege a novel constitutional right over the religious liberty interests explicitly protected in the First Amendment, and by doing so undemocratically, the court has created a problem that only it can fix,” they wrote, noting that the ruling “enables courts and governments to brand religious adherents who believe that marriage is between one man and one woman as bigots, making their religious liberty concerns that much easier to dismiss.”  From NY Times

 

This is from the dissenting opinion by Justices Thomas and Alito in Obergefell v. Hodges.  Did you notice that they said “believe that” and did not say “discriminate against” as if a dissenting view could actually oppress a majority through the sheer power of its dissentingness (my word).

It is so offensive to Christians that a same-sex couple could be recognized as married that the Supreme Court — according to justices Alito and Thomas (and, probably, Barrett, soon)– must spare them this indignity.

What if you substituted race for sexual orientation?  So a restaurant owner with a “whites only” sign should perhaps be spared the indignity of having to allow minorities into his restaurant because it is an infringement on his “religious liberty”?

The most obvious problem here is that it really doesn’t cost these bigots anything to allow gay couples to marry.  Their right to marriage is not diminished in the slightest, except in the deep corners of their tiny imaginations where they might have to admit to their own bigotry.   What is the difference between refusing to serve blacks or Jews or Italians, and refusing to serve gay men and women?   We all recognize that bigotry is at the heart of the former.

And it is of the latter as well.

Amy Barrett

Members of the group swear a lifelong oath of loyalty, called a covenant, to one another, and are assigned and are accountable to a personal adviser, called a ‘head’ for men and a ‘handmaid’ for women,” the report read. “The group teaches that husbands are the heads of their wives and should take authority over the family.

This is a group that potential Supreme Court Justice Amy Coney Barrett belongs to.

This Supreme Court (with Ginsburg writing a stinging dissent) once ruled that a woman employee who had been paid less, for years, secretly, than a male in the same job, could not sue for back pay because she “waited” too long. Sometimes “Supreme” doesn’t really apply. No, I”m not making that up. Think the court would ever allow you to not pay a bill because a company “waited” too long to collect it? Ha ha.

The last time I heard a bunch of conservatives bragging about the intellectual acumen of one of their own, it was for Paul Ryan; so when they say the same thing about Barrett… yeah, let’s wait and see. They also said that about Chief Justice Roberts, who once ruled that there was nothing wrong with a white police officer taking down and hand-cuffing a 13-year-old girl because she was eating a french fry on a subway platform (I am not making this up).

Do you need to ask what race the girl was? I didn’t think so.

Barrett argued, in one of her speeches, that a justice should recuse herself from any case that conflicts with a personal religious belief. So the “pro-life” party may be very disappointed to find her recusing herself from death penalty cases. Or will she simply be selective about which religious beliefs actually “conflict”– like supporting immigration polices that separate children from their parents?

That said, I really think the Democrats should stop arguing that a president can’t appoint a Supreme Court Justice in an election year: we shouldn’t all be hypocrites. (Ginsburg really should have retired in 2012 like Obama wanted. And Breyer as well.) But they should at least acknowledge (unlike the Republicans who seem to have completely forgot about the process) that there should be hearings first.

Let’s all note here that the Republicans are trying to do what they have always bitterly complained the Democrats try to do: legislate through the courts.  The Republicans have come to realize that their agenda is so unpopular that they could never ram it through the legislature anymore without destroying their chances of ever winning another election.  On wage disparity, climate change, gun law, health care, and a host of other issues, they are on the losing end of popular support.  Their solution is to do nothing (this Republican Party literally does just about nothing except re-brand trade agreements and rescind worker protections and environmental law) and appoint extremist conservatives to the courts.  And it is working.  The Roberts Court will soon be prepared to overturn Obama-care and Roe vs. Wade.

These will be the most activist actions by a court since Brown vs. Board of Education.

It’s also a bit depressing that her record is so consistent. Consistent with the Republican Party platform, not with anything remotely “conservative” or “Catholic” and certainly not “pro-life” in any real sense. It’s political and ideological.

Wisconsin’s Supreme Idiots

“Isn’t it the very definition of tyranny for one person to order people to be imprisoned for going to work, among other ordinarily lawful activities?” Justice Rebecca Bradley asked.

This is from a justice of the Wisconsin State Supreme Court.  I am not making this up.  This is one of the questions this justice, Rebecca Bradley, a Republican appointee, asked when considering whether or not a State Governor should have the authority to take emergency measures in the face of a pandemic.

I’m not sure I don’t like her logic.  Let’s think about it.  How about this:

Isn’t it the very definition of tyranny for one person to order people to join the military, learn to kill people, and travel overseas to participate in mass killings?

Absolutely.   Or:

Isn’t it the very definition of tyranny for one person to order people to be imprisoned for smoking weed in the privacy of his own home, at no inconvenience to other citizens?

Isn’t it the very definition of tyranny for one person to order people to be imprisoned for driving on one side of the road and not the other?

Case dismissed.