Saturday, July 29, 2023

Justice Alito has his head on straight

 There is an excellent account of the Wall Street Journal's sit-down with Supreme Court Justice Samuel Alito in yesterday's edition.

LITD could go for a whole lot of justices in his mold.

This is actually the third time this year the Journal has focused on his role on the bench:

“I marvel at all the nonsense that has been written about me in the last year,” Justice Samuel Alito says during an early July interview at the Journal’s New York offices. In the face of a political onslaught, he observes, “the traditional idea about how judges and justices should behave is they should be mute” and leave it to others, especially “the organized bar,” to defend them. “But that’s just not happening. And so at a certain point I’ve said to myself, nobody else is going to do this, so I have to defend myself.”

He does so with a candor that is refreshing and can be startling. He spoke with us on the record for four hours in two wide-ranging sessions, the first in April in his chambers at the court. In the interim, he wrote an op-ed for these pages responding in detail to a hit piece from ProPublica, a self-styled “independent, nonprofit newsroom that produces investigative journalism with moral force.” Many of the court’s critics claim to want more “transparency.” Their hostile reactions to our April interview and his June op-ed suggest—no surprise—that they’re really after ideologically congenial rulings, not to mention conformist press coverage.

Even among his fellow originalists / textualists, he has a distinct approach:

Justice Alito, 73, was appointed in early 2006 and is now the second most senior associate justice. He has emerged as an important voice on the court with a distinctive interpretive method that is rooted in originalism and textualism—adherence to the text, respectively, of the Constitution and statutes—but in some ways more pragmatic than that of Justice Clarence Thomas or Neil Gorsuch.

“There are very serious differences” in how the six conservative justices approach cases, Justice Alito says. The simplest difference involves respect for precedent: Justice Thomas “gives less weight to stare decisis than a lot of other justices.” It is, “in its way, a virtue of his jurisprudence,” Justice Alito says. “He sticks to his guns.”

That’s why Justice Thomas writes many lone concurrences. In Dobbs v. Jackson Women’s Health Organization (2022), he argued that “in future cases, we should reconsider all of this Court’s substantive due process precedents,” including those involving same-sex marriage, contraception and consensual sodomy. Justice Alito’s majority opinion carefully distinguished those issues from abortion. Justice Thomas often disregards precedents with which he disagrees and follows his own route to the majority’s destination—to cite a recurring example, by relying on the 14th Amendment’s Privileges or Immunities Clause rather than the Due Process Clause. The disadvantage of this approach, Justice Alito says, “is that you drop out of the conversation, and . . . lose your ability to help to shape what comes next in the application of that rule.”

Of Gorsuch, he says that he's "definitely not a consequentialist."  He says Chief Justice Roberts "puts a high premium on consensus."

But the exhilarating parts of what he had to say for me were his discussions of how he came about his own opinions.

Another prime example is National Pork Producers Council v. Ross, which upheld a California law banning the sale of meat from pigs that are “confined in a cruel manner”—almost all of which is produced in other states. The council argued that the law violated the Dormant Commerce Clause, a doctrine that limits states’ authority to enact policies that burden interstate commerce. 

Justice Alito, who agreed with that view, says “it’s no secret that Justice Thomas and Justice Gorsuch don’t think that there is such a thing as the Dormant Commerce Clause.” Justices Barrett, Sonia Sotomayor and Elena Kagan signed on to parts of Justice Gorsuch’s opinion, providing a majority that let the law stand.

“I have not joined Justice Thomas, Justice [Antonin] Scalia, Justice Gorsuch in saying we should get rid of the Dormant Commerce Clause,” Justice Alito says. “I’ve written this in the Tennessee wine case—that the Constitution surely was meant to contain some principle that prevents the balkanization of the economy. That was one of the main reasons for calling the Constitutional Convention in Philadelphia.”

He refers to his 7-2 ruling in Tennessee Wine and Spirits Retailers Assn. v. Thomas (2019). In dissent, Justices Gorsuch and Thomas cited the 21st Amendment, which repealed Prohibition and gave states broad authority to regulate alcohol. Justice Alito’s majority opinion treated that provision “as one part of a unified constitutional scheme,” within which the lawmakers who ratified the 21st Amendment understood that “the Commerce Clause did not permit the States to impose protectionist measures clothed as police-power regulations.”

And then he states the thunderous truth about abortion and same-sex marriage:

That demonstrates a central feature of Justice Alito’s jurisprudence: its emphasis on historical context. “I think history often tells us what the Constitution means,” he says, “or at least it can tell us what the Constitution doesn’t mean.” His dissent in Obergefell v. Hodges (2015) is a case in point. “It’s perfectly clear that nobody in 1868 thought that the 14th Amendment was going to protect the right to same-sex marriage,” he says. Before this century, “no society—even those that did not have a moral objection to same-sex conduct, like ancient Greece—had recognized same-sex marriage.” The first country to legalize it was the Netherlands, effective in 2001. 

The same attention to history informs Justice Alito’s textualism. “I reject the idea that a statute should be interpreted simply by looking up the words in the dictionary and applying that mechanically,” he says. Justice Gorsuch did something like that in Bostock v. Clayton County (2020), in which the court held that Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination “because of . . . sex,” covers “sexual orientation and gender identity.” 

Justice Gorsuch reasoned that because sex is essential to the definition of both categories, such discrimination is “because of” sex. But in 1964 homosexuality was subject to widespread disapprobation, and gender identity “hardly existed as a concept, even among professionals in the field,” as Justice Alito says. “When it’s very clear that the author of the text . . . cannot have meant something, then I don’t think we should adopt that interpretation, even if a purely semantic interpretation of the statute would lead you to a different result.”

Justice Alito’s respect for precedent has limits: “Some decisions—and I think that Roe and Casey fell in this category—are so egregiously wrong, so clearly wrong, that’s a very strong factor in support of overruling.” Those are the 1973 and 1992 abortion cases that Dobbs overturned, with Justice Alito writing for a majority of five. Chief Justice Roberts provided a sixth vote to uphold Mississippi’s 15-week abortion ban but urged “a more measured course” that would narrow the precedents while deferring the question of whether to overturn them altogether.

This is a serious person. He understands that the document by which he and his colleagues are supposed to assess the legality of anything that comes before them has to be consulted on its own terms. It is the most visionary undertaking by human beings establishing a country anywhere, at any time in history. If we go playing fast and loose with so much as a word of it, all bets are off and we're in uncharted territory.

Justice Alito doesn't want that, and neither does LITD. 

 

 

Friday, July 28, 2023

One reason having Trump as the GOP standard bearer is harmful to conservatism: it taints the effort to show that transitioning to play-like energy forms is a lot of hooey

 Scott Waldman, who covers the climate beat for Politico, doesn't even try to conceal where he's coming from regarding the energy-policy component of the Heritage Foundation's Project 2025.

Let 'er rip, Scott:

Conservative groups have crafted a plan for demolishing the federal government’s efforts to counter climate change — and it wouldn’t stop with President Joe Biden’s policies.

The 920-page blueprint, whose hundreds of authors include former Trump administration officials, would go far beyond past GOP efforts to slash environmental agencies’ budgets or oust “deep state” employees.

Called Project 2025, it would block the expansion of the electrical grid for wind and solar energy; slash funding for the Environmental Protection Agency’s environmental justice office; shutter the Energy Department’s renewable energy offices; prevent states from adopting California’s car pollution standards; and delegate more regulation of polluting industries to Republican state officials.

If enacted, it could decimate the federal government’s climate work, stymie the transition to clean energy and shift agencies toward nurturing the fossil fuel industry rather than regulating it. It’s designed to be implemented on the first day of a Republican presidency.

“Project 2025 is not a white paper. We are not tinkering at the edges. We are writing a battle plan, and we are marshaling our forces,” said Paul Dans, director of Project 2025 at the Heritage Foundation, which compiled the plan as a road map for the first 180 days of the next GOP administration. “Never before has the whole conservative movement banded together to systematically prepare to take power day one and deconstruct the administrative state.”

Now, yes, Heritage has undergone a Trumpward drift in the last few years, and a lot of the rest of Project 2025 reflects "deep state" paranoia - and would set the table for the Very Stable Genius to amass power unconstitutionally in the presidency, but the energy-policy aspect is good stuff. Waldman writes his article with a can-you-believe-how-awful-this-is tone, but anybody who actually understands why fossils fuels are a blessing and essential to human advancement will have a "sounds great to me" response.

More than 400 people participated in crafting Project 2025’s details. Former Trump administration officials played a key role in writing the chapters on dismantling EPA and DOE.

The plan to gut the Department of Energy was written by Bernard McNamee, a former DOE official whom Trump appointed to the Federal Energy Regulatory Commission. McNamee, who did not have regulatory experience, was one of the most overtly political FERC appointees in decades. He was a director at the Texas Public Policy Foundation, a conservative think tank that fights climate regulations, and was a senior adviser to Sen. Ted Cruz (R-Texas).

McNamee outlines cutting key divisions at DOE, including the Office of Energy Efficiency and Renewable Energy, the Office of Clean Energy Demonstrations and the Loan Programs Office. He has called climate change a “progressive policy.”

He also calls for cutting funding to DOE’s Grid Deployment Office, in part to stop “focusing on grid expansion for the benefit of renewable resources or supporting low/carbon generation.” Instead, he calls for strengthening grid reliability, which he describes as expanding the use of fossil fuels and slowing or stopping the addition of cleaner energy. Part of his plan includes a massive expansion of natural gas infrastructure.

“Prevent socializing costs for customers who do not benefit from the projects or justifying such cost shifts as advancing vague ‘societal benefits’ such as climate change,” McNamee wrote in the report.

McNamee did not respond to requests for comment.

Preventing the expansion of the electric grid would slow down renewable energy projects, threatening U.S. climate goals while cooling the sector’s economic growth, said Mike O’Boyle, a senior director at the nonpartisan policy firm Energy Innovation and head of its electricity program.

“If we totally step away from the role of the federal government, our economy is going to miss out in a big way because the rest of the world is moving on climate, so they’re poised to reap the benefits both for their energy consumers but also in terms of manufacturing,” he said.

Mandy Gunasekara, who was EPA’s chief of staff under Trump, wrote a chapter within the plan to move the agency away from its focus on climate policy and reducing carbon dioxide emissions.

It outlines eliminating or downsizing agency functions including the Office of Environmental Justice and External Civil Rights, the Office of Enforcement and Compliance Assistance, and the Office of Public Engagement and Environmental Education. It also would also relocate regional EPA offices and would “downsize by terminating the newest hires in low-value programs.”

The overarching theme in remaking federal agencies is to shift power away from the federal government and toward states, in an effort to diminish regulations.

“The challenge of creating a conservative EPA will be to balance justified skepticism toward an agency that has long been amenable to being coopted by the Left for political ends against the need to implement the agency’s true function: protecting public health and the environment in cooperation with states,” Gunasekara wrote.

Diminish regulations! Heaven forfend!

McNamee is exactly right when he speaks of justifying cost shifts. It's also known as redistribution backed by the unique coercive power of government. 

Wind and solar do not hold their own in the energy marketplace. They need a leg up in the form of subsidization. That's because they are intermittent, whereas fossil fuels are dense, readily available, and comparatively inexpensive.

But here's the problem with Project 2025: It's way too bound up with Trump. And that's unavoidable, because energy-policy experts with their heads on straight and free-market proponents who were understandably eager to serve in federal-government positions from 2017 to 2020 were going to have to serve in an administration with his name on it.

The Politico piece features a photograph of Trump announcing US withdrawal from the Paris climate accord.

Again, a great move, but let's not kid ourselves for a second that Trump actually gave a diddly about why. His handlers told him it would make him look great, and that's all he needed to know.

The overwhelming presence of Trump in the Republican Party provides the opportunity for "journalists" like Waldman to conflate sound and much-needed moves on the energy front with the most unfit president in the nation's history.

I saw all this coming when Trump's cult began forming in 2015. The uninformed masses were going to associate actual conservatism with Squirrel Hair's incoherent mishmash.

Clarity is called for regarding climate hooey, but the drool-besotted leg-humpers have made achieving it damn difficult. 

 

 

 

 

 

 


Saturday, July 22, 2023

The stench of rot at the DoJ and FBI must be unflinchingly faced

 An editorial at National Review lays out in comprehensible fashion the sum total of what daily news reports have been dribbling out with lots of arcane details but little in the way of a coherent narrative. I'll be excerpting generously from it here. 

The introductory paragraphs spell out the three conclusions we must unavoidably draw from what we know so far:

The compelling congressional testimony of two IRS whistleblower agents has established three things.

First, the investigation into Biden corruption — millions of dollars pouring into the family coffers from apparatchiks of corrupt and anti-American regimes seeking to buy Joe Biden’s political influence — is real and has been thwarted by the Biden Justice Department. Second, the president’s son Hunter Biden received preferential treatment, and, next week, a federal judge should reject the sweetheart plea deal he was given by the Justice Department. Third, Attorney General Merrick Garland owes the country an explanation for why the Biden investigation has been sabotaged from within, even as he maintains publicly that it was conducted with independence and integrity.

The whistleblowers' frustration was palpable to the House committee they've been working with:

The two whistleblowers — supervisory agent Gary Shapley and the Biden investigation’s main case agent, Joseph Ziegler — began cooperating with the House Ways and Means Committee several weeks back. While Shapley went public in June, Ziegler was not publicly identified until Wednesday’s hearing. Their revelations have been jaw-dropping.

The agents recounted being blocked at every turn by Justice Department prosecutors as they tried to go about the routine steps investigators would take in any case — or, at least, any case not involving politically connected suspects. The investigation was slow-walked by prosecutors from the office of Delaware U.S. attorney David Weiss, to whom the case was assigned in 2018.

And let's head off at the pass any notion that Weiss being a Trump appointee bears any weight:

Garland and congressional Democrats never tire of branding Weiss a Trump-appointee — it’s Garland’s rationalization for not appointing a special counsel. Conveniently omitted from this story is the fact that Weiss could not have been confirmed absent the support of Delaware’s two Democratic senators, Biden allies Tom Carper and Chris Coons. More to the point, Weiss reports to Garland and, because the Hunter Biden matter is a tax case, DOJ rules dictate that any tax charges must be approved by the Tax Division at Main Justice — run by Biden appointees. Most obviously, Weiss’s appointment by Trump does nothing to eradicate the conflict of interest inherent in the Biden Justice Department’s investigation of the president’s son over conduct in which the president himself is implicated.

Weiss and his underlings used the pendency of the 2020 presidential campaign as an excuse to instruct the IRS and FBI agents on the case not to take measures that might call attention to the investigation and thus influence the election. Note that, simultaneously, according to tech executives and Republican senators Chuck Grassley and Ron Johnson, FBI agents were signaling that the pre-election emergence of derogatory information about the Bidens — e.g., the Hunter laptop and the influx of money from foreign sources — was likely the result of a Russian intelligence operation.

After Biden was elected, Shapley and Ziegler recalled being undermined in attempting to uncover evidence. The day before they planned to conduct interviews of Hunter Biden and other investigative subjects, the FBI alerted the Secret Service, which tipped off the Biden transition team. As a result, lawyers for Hunter and most other subjects refused to speak to the IRS. In connection with interviews that were later planned, the lead prosecutor from Weiss’s office, Lesley Wolf, forbade them from pursuing investigative leads that could potentially connect the president himself to the Biden family business — instructing them not to ask questions about Hunter’s “dad,” or about “the big guy” (as we now know several investigative subjects referred to the now-president).

Wolf told the agents that issuing a warrant based on the laptop evidence would be bad optics, doncha know:

In 2019, the FBI obtained Hunter’s laptop, teeming with data about the Bidens’ lucrative foreign transactions and Joe Biden’s potential connections to them; yet Weiss’s office denied the IRS agents access to this evidence. In early September 2020, Wolf agreed with the agents that there was more than enough probable cause to support a warrant to search a guest house at the Bidens’ Wilmington residence where Hunter was living; still, she is said to have declined to seek the warrant because “the optics” would be bad. After the election, the agents learned that Hunter had moved documents from his business office in Washington, D.C., to a commercial storage unit in northern Virginia. They convinced Weiss, over Wolf’s objection, to allow them to seek a search warrant if Hunter did not access the unit for 30 days. But, while the agents were preparing the warrant, Wolf precluded them by alerting Hunter’s defense lawyers about the existence of the storage unit, again putting the evidence out of the investigators’ reach.

Shapley and Ziegler are among the IRS’s most experienced and accomplished agents. Despite the strictures placed on them, they built a compelling tax case against Hunter Biden — even the limited evidence, according to Ziegler, showed that Hunter had evaded roughly $2.2 million in taxes on $8.3 million in foreign income between 2014 and 2019. The agents and the line lawyers in DOJ’s Tax Division and Weiss’s office all agreed that a felony prosecution was called for.


There was much evading about where charges could be filed, based on where the tax-evading occurred. Conveniently, it outlasted the statute of limitiations. 

And the money being hidden from the IRS came from bribes:

The 2014 and 2015 tax years included Hunter’s lavish, undeclared income from his sinecure at the allegedly corrupt Ukrainian energy company, Burisma. This period is crucial to the potential corruption scheme. According to information provided to the FBI by an informant with a reliable track record (and released yesterday by Senator Chuck Grassley), after speaking with then–Vice President Joe Biden and his son, Burisma founder Mykola Zlochevsky placed Hunter on the company’s board and paid him over $80,000 per month (a rate that, reportedly, was roughly halved once Joe Biden was no longer vice president). The informant added that Zlochevsky told him he’d paid then–Vice President Biden and his son a combined $10 million bribe to use Biden’s influence on Burisma’s behalf, and had made the payments through a byzantine array of companies and accounts that he bragged would take investigators a decade to trace to Joe Biden. This alleged scheme strongly resembles the pattern uncovered by House investigators showing foreign actors paying Biden family members (including grandchildren) millions of dollars through labyrinthine channels that included some 20 obscure business entities, most of which Hunter set up while Joe was vice president.

And consider the Attorney General's role in all this. I'd say this country dodged a bullet when Mitch McConnell took a pass on the Senate advising and consenting on this guy when Obama nominated him for the Supreme Court:

Garland’s story is a crock. He asserts that Weiss would have been given any necessary authority — he only needed to ask. But the U.S. attorneys for Washington and California work for Garland; they couldn’t have blocked Weiss without the attorney general’s support. And it’s not a district U.S. attorney’s job to ask the attorney general for special-counsel authority — which would be tantamount to asking to be fired since, by regulation, a special counsel must be a lawyer “from outside the United States Government.” Rather, it is the attorney general’s duty to appoint a special counsel if there is a conflict of interest that prevents the Justice Department from investigating in the normal course.

And funny business seems to follow Hunter Biden wherever he goes, even though he's supposed to be well along in his recovery and immersed in his painting activities. I still think it's damn odd that the Secret Service couldn't determine where the White House cocaine came from. 

And what kind of guy safeguarding his precarious recovery hires a lawyer like this?

Hunter Biden visited his 'sugar brother' Hollywood lawyer Kevin Morris – who was photographed appearing to smoke from a bong.

The First Son took a trip from his Malibu pad to the Pacific Palisades on Thursday to visit his attorney, after agreeing to plead guilty to federal tax crimes last month.

While Hunter was at the house, Morris was snapped on a balcony in plain view of the public street appearing to huff from a white bong, in photos exclusively obtained by DailyMail.com.

And who is the babe in the yellow floral dress Hunter is photographed hugging as he arrives?

The 60-year-old Hollywood attorney is known for his hard-driving tactics and high-profile cases, but appeared relaxed on the sunny balcony in a purple short-sleeved shirt.

Hunter arrived in the afternoon in a black SUV, escorted by Secret Service bodyguards and dressed in a blue shirt, jeans and aviator sunglasses favored by both him and his father. He was greeted at the Los Angeles home by a woman in a yellow floral dress.

Now, as is always necessary in 2023 post-America, LITD must addresses any questions of a whataboutism. 

The Very Stable Genius has already been indicted twice and more indictments are coming, and they're all entirely justified. 

Now, does anybody still want to get behind the look-it's-going-to-be-one-or-the-other-of-them argument at this late date?

True, the law-enforcement apparatus has done itself no favors, given the obvious corruption outlined above. But Donald Trump's unfitness for office is now unavoidably clear. Even those who began to drool uncontrollably and quake with adulation when he descended the escalator in 2015 have not even the flimsiest of reasons why we should usher this charlatan back in.

So what's to be done?

The first step is to ask how we as a country became so spiritually sick as to give ourselves this choice.

This will be the subject of a Precipice post I intend to write today. 


 

 


 

 

Thursday, July 20, 2023

Ukrainian grain

 The Russians have kidnapped Ukrainian children and shipped them off to assimilation camps. They've raped mothers in front of their children. They've bombed hospitals and historic theaters.

Is it any surprise that they're pulling this stunt?

Russia warned that from Thursday any ships traveling to Ukraine's Black Sea ports will be seen as possibly carrying military cargoes, after Ukraine said it was setting up a temporary shipping route to try and continue its grain exports.

The moves by both countries on Wednesday came just days after Russia quit a deal - brokered by the United Nations and Turkey - that allowed the safe Black Sea export of Ukraine grain for the past year, and revoked guarantees of safe navigation.

Ukraine has made clear that it wants to try and continue its Black Sea grain shipments and told the U.N. shipping agency, the International Maritime Organization (IMO), that it had "decided to establish on a temporary basis a recommended maritime route."

But Russia's Defence Ministry then said it would deem all ships travelling to Ukraine to be potentially carrying military cargo and "the flag countries of such ships will be considered parties to the Ukrainian conflict".

To emphasize its position, Russia did this:

Ukraine accused Russia on Wednesday of damaging grain export infrastructure in "hellish" overnight strikes focused on two of its Black Sea ports.

"In the ports that were attacked today, there was about a million tonnes of food stored. It is precisely that amount that should already have been delivered to consumer countries in Africa and Asia," Ukrainian President Volodymyr Zelenskiy said in his nightly video address on Wednesday.

He said the terminal damaged the most held 60,000 tonnes of agricultural products intended for shipment to China.

The consequences have begun:

Insurers were already reviewing their appetite for covering ships into Ukraine.

A cargo insurance facility providing cover for Ukraine grain shipments traveling under the Black Sea deal has been suspended, the policy's broker told Reuters on Tuesday. The marine cargo and war facility provided cover of up to $50 million per cargo.

Norwegian shipping insurance group DNK, which provides war risk policies, told Reuters on Wednesday it was currently unable to provide cover for Ukraine.

And:

Wheat futures soared by nearly 9% on Wednesday and are on track to hit their highest level in three weeks as tensions in Europe rise following Russia’s surprise decision to pull out of a crucial deal allowing the export of grain from Ukraine.


This is probably the main sticking point I have with working up any kind of enthusiasm for Ron DeSantis in his bid for the presidency. (Well, and I can't forget his endorsements of Mastriano and Lake last year.) I have no problem with him wading into the culture wars. Public education has indeed turned into a sewer of indoctrination, and Disney started the dustup with Florida state government buy weighing in on the parental-rights bill. 

But a major presidential candidate who would characterize Russia's unprovoked stone-cold invasion of Ukraine as a "territorial dispute" causes me to have gargantuan reservations.  

I really have no use for anybody who doesn't bring moral clarity to this situation.




 

 

 

Sunday, July 16, 2023

Sunday roundup

 At her Substack, School of the Unconformed, Ruth Gasovsky ponders the task of "Rehabilitating Ferals of the Digital Age". She begins with an observation she made on a recent airline flight:

Our recent transatlantic flight from Switzerland back to Canada proved to be an “accidental detox” for passengers, as to the horror of most, there were no screens on the seat backs, and no charging ports for devices. After the first gasps of surprise and dismay (especially of parents with small children) subsided, a wonderful scene unfolded. I had no idea so many people still read books! The photo below is the view across the row from me. The plane was humming with conversation; two men behind me who had never met before, struck up a conversation (a joy to listen to Scottish accents) and shared beers and stories, children played paper games, and our family rotated through reading Thomas Hardy, Seinfeld scripts, Ian McEwan, C.S. Lewis, and Calvin and Hobbes (something for every age and interest). It seemed like a flight in a time machine, where people still remembered how to converse, play, read books, and spend time away from black mirrors.

The following day Thomas J Bevan pondered aloud on Notes, if people were to jettison their screens, how long it would take for minds and attention spans to return to “normal”, leading 

to wonder further, “We Gen-X and older have a default to go back to. What do we do for people born after 1995 who don’t?”

Thinking about this question more deeply, I realized that the offspring of the digital age have grown up as attentional and relational ferals. Many have grown up isolated from deep attention from a very young age, have social behaviour stilted by online interactions, and suffer from emaciated language skills. While the “accidental detox” flight did ignite some hope in me regarding people’s ability to engage their minds differently, this scene could only occur because people were left no other choice. I am also quite sure that that everyone quickly reverted to their usual patterns of distraction as soon as they were off that flight.


This  business of paying attention is no small matter when considering what distinguishes us from lower animal species:

There are a myriad of things that make us human. But the ability to pay attention lies at the core. Relationships require attentive listeners; learning takes dedicated attention to grow knowledge and skills; reading demands attention to words, meaning, and context; work demands attention to produce carefully crafted products or services; democracy involves attention to truth and opposing positions; faith requires attention for prayer, silence, and reading scripture. Attention is it.

When deep attention has to compete with hyper attention (fractured attention that quickly zips from one point of focus to the next), it is akin to throwing a dolphin into a tank filled with piranhas and hoping that they will find a way to coexist. Although we are prone to fool ourselves, there cannot really exist a “healthy balance” between dolphins and piranhas.

Later in the piece, she offers her practical guide to reading: read physical books, read old books, get familiar with classical vocabulary. 


At Acton.org, J.C. Scharl  explains why we should view the recently passed Cormack McCarthy as a writer dealing with Christian faith:

Few American writers are simultaneously as popular and as unpopular as Cormac McCarthy. Those critical of McCarthy’s work generally form two camps: the more pedestrian, who find McCarthy’s writing simultaneously plotless and repulsive, and the more sophisticated, who believe McCarthy is running some kind of sham, and that all his spiraling descriptions conceal the dark truth that he has nothing to say. I have greater sympathy with one of these camps than with the other, for McCarthy’s plots are often meandering—sometimes even petering out entirely after several hundred pages, as in The Passenger—and the violence, especially in Blood Meridian, The Road, and No Country for Old Men, is gut-wrenching. But the more sophisticated critics, with their suspicions that McCarthy’s voice is merely schtick, are sensing something important about McCarthy’s work, though they interpret it wrongly. They sense that McCarthy is indeed writing about a void, and at the end of the day he truly does have nothing to offer to fill that void.

Does this make McCarthy’s work a waste of time? Only, I believe, if we consider human existence a waste of time. McCarthy is obsessed with the futile offering, the empty gesture, but even as his characters demonstrate the pointlessness of the gift, he himself makes it over and over again: the gift of attending to the world, of looking, of listening, until we become convinced that even if what we attend to is loneliness, if what we look at is collapse, if what we hear is the wind whistling through an abandoned house, our attention becomes a little participation in the death of the world—a participation that, in keeping with the mystery of faith, may become some kind of atonement.


McCarthy was born in 1933 in Rhode Island and christened Charles Joseph McCarthy Jr. When he was only four years old, his family moved to Knoxville, Tennessee. This was a momentous move for little Charles; McCarthy went on to become known as a Southern writer, and most of his books take place in the American South and Southwest. McCarthy’s family was Irish Catholic. He was baptized a Catholic and attended parochial school. He has been married three times and divorced three times. Some of his books, most notably Suttree, with its accounts of Appalachian homelessnessare discernably autobiographical. Legends of McCarthy’s eccentricities abound, from refusing to speak and receive honoraria while living in poverty in a barn, to his distaste for literary folk, preferring scientists and engineers to people of the word. From this life, rather an epic in itself, spin out the two major themes of McCarthy’s work: violence and faith.

The first of these themes is certainly the more noticeable in his novels, which are famous for their gruesomeness. McCarthy is not merely interested in evil; he is interested in violent evil, in evil that seeks to rend and skin and rip and gut, evil that wants not merely to annihilate but to dismember slowly, joint by joint, the world.

And this is no ordinary violence; the violence of McCarthy’s novels is pervasive, creative, operatic in its scale, yet keen and specific as splinters under the fingernails. Even people who have not read much McCarthy know this about his works, aided perhaps by the film versions of some of them (which are, if anything, less violent than their source material). This element of McCarthy’s voice reaches its apex in Blood Meridian, a book so bathed in blood that the plot itself dissolves into it, becomes merely a ripple in the wash.

Yet there is another theme, quieter yet persistent, that exists alongside—often within—the violence: faith in God. I have chosen those words carefully, because the theme is not God Himself, or His existence or presence, but faith in God. McCarthy does not often ask whether God exists; throughout his many works, that question is generally beyond dispute. Even the atheists, like White in The Sunset Limited, reveal eventually that they do not really disbelieve in God’s existence; it is just that they want nothing to do with Him. “Why can’t you people just accept that some people don’t want to believe in God?” Whether or not McCarthy himself assumes there is a God, his characters do, because the question of whether God exists is not within the scope of language.

What we can consider, however, is faith in God. Asking if God exists is not the role of the poet or the novelist, according to McCarthy. It may not even be the role of the human. The real question, the question McCarthy’s characters face over and over, is what do you believe about God? For example, in Cities of the Plain, John Grady Cole speaks with a blind man about his intense but conflicted love for the prostitute Magdalena. The blind man urges him to pray, then the dialogue runs as follows:

Will you?

No.

Why not?

I dont know.

You dont believe in Him?

It’s not that.

For McCarthy heroes (and even many villains), it is never “that.” Even the ragman in Suttree won’t deny God. “I always figured they was a God,” he says after getting Suttree to agree to burn his body with gasoline after he dies. “I just never did like him.”

These questioners are Job, not Sartre. It is not a lack of belief in God’s existence; often it is not even a lack of faith in prayer. It is always something else, something connected with the inescapable violence of the world, that draws such a thick veil between us and God that McCarthy’s characters often doubt whether it is worthwhile to seek to draw it back. Looking around at the world, McCarthy concludes it is a fearful thing to imagine the God who made it. 

Samuel Gregg, writing at Law & Liberty, makes mincemeat of the whole enthusiasm for protectionism and industrial policy. Its glaring weakness, for those who care to look, is its incoherence:

Whether it is stakeholder capitalism on the left or the turn to economic nationalism by some on the right, America and many other nations are experiencing a swing back towards interventionist policies. Free traders in particular find themselves on defense. The charges against them range from selling out American blue-collar workers in return for cheap shirts and inexpensive video games to being sycophants of Communist China.

The shallowness of these polemics is not difficult to demonstrate. What is often absent from these discussions is appreciation of the history of that mixture of ideas otherwise known as mercantilism—or, more precisely, neomercantilism—that gave shape and form to modern-day protectionism.

Historical inquiry into neomercantilism illustrates that it is a mistake to view arguments about modern international political economy as a contest primarily between economic liberalism and Marxism. Neomercantilist ideas have long been an equal player in that competition, perhaps even a dominant one at times. But the more you learn about neomercantilism’s history, the more apparent become the contradictions of the neomercantilist outlook driving many policies being advocated across the political spectrum today.

These are just some reasons why The Neomercantilists: A Global Intellectual History, authored by the political scientist Eric Helleiner, is an especially timely work. For Helleiner, neomercantilism describes that set of ideas that emerged in response to Adam Smith’s demolition of the assumptions and policy preferences underpinning what Smith famously called the “mercantile system” that dominated the European economic world from the mid-1500s until the late eighteenth century.

Understanding many economic policymakers’ choices in the nineteenth and twentieth centuries across the globe is difficult if neomercantilism’s influence is insufficiently appreciated. Grasping the scale and nature of that influence was what drew Helleiner to study neomercantilism’s place in debates about international political economy in the first place. As he researched the topic, however, Helleiner was particularly “struck by the absence of a comprehensive analysis of [neomercantilism’s] intellectual origins.”

The Neomercantilists represents Helleiner’s effort to correct that deficiency. His research more than fills the gap. It is both comprehensive and readable. At the same time, Helleiner’s analysis demonstrates 1) why neomercantilist thought has failed to overcome long-standing critiques of protectionist and state-led development programs and 2) why neomercantilist policies are nevertheless politically attractive.


Any "conservatives" who are tempted to flirt with this stuff ought to take the long view and see that the end product is the leftist dream: the predominance of state power:

Some neomercantilists were intellectually honest enough to recognize their theoretical weaknesses. To compensate for this, they sought legitimacy for their economic ideas by attaching them to political positions that acquired intellectual and political ascendency at particular historical periods. Among others, these included nineteenth-century imperialism, social Darwinism, and, from the mid-nineteenth century onwards, ideologies like corporatism, Latin American populisms of left and right, and aggressive forms of ethno-nationalism.

It isn’t a coincidence that advocates of neomercantilist policies tend to gravitate towards political positions that seek to bolster state power. This, it turns out, is not a bug in neomercantilism’s software. It is a central feature of the neomercantilist operating system. This constitutes a significant continuity between mercantilist and neomercantilist thought. To varying degrees, most of the neomercantilists highlighted by Helleiner shared the pre-Smithian conviction of figures like Louis XIV’s chief minister Jean-Baptiste Colbert (1619–83) that their version of political economy would build up the wealth and power of a state in often very unstable international political environments.

Figures like Colbert held that a strong and powerful state was necessary to produce great wealth and that great wealth facilitated a strong and powerful state. This mutually reinforcing axiom was attractive to proponents of national developmentalism in developing countries like Argentina in the 1940s as well as political leaders anxious to solidify particular political arrangements like Imperial Germany’s first Chancellor, Otto von Bismarck, in the late-nineteenth century. They came to regard neomercantilist policies as a way to make government the central player in economic life without utterly destroying market institutions.

Ironically, building up government power was not the primary goal of leading neomercantilists such as List. While List had difficulty delineating a principled framework for explaining why and how to apply tariffs, Helleiner shows that List was not concerned with enhancing the strength of centralized government for its own sake.

Here, however, some of the problems that bedevil neomercantilist policies become readily apparent. Perhaps the most prominent is that there is nothing in neomercantilism’s internal logic to place any decisive limitation on the endless expansion of state power. Neomercantilist policies thus tend to marginalize economic freedom over time and gradually turn ostensibly-free economic actors into mildly indentured servants of the state. The well-known consequences for political freedom are dire.

Aaron Renn has a piece at his Substack about the implications for our civilization of the dwindling population:

In the future, many if not most of us will be living in places whose population is shrinking. This will have profound consequences - fiscally, economically, in terms of services, and for anyone running a business, church, ministry or other organization in these places.

Shrinking cities have long been a phenomenon of the Rust Belt, as well as analogous regions around the globe. As suburbanization and then deindustrialization hit, cities like Cleveland, Youngstown, Pittsburgh, St. Louis, South Bend, and a host of others lost a huge share of their population. Even some metropolitan areas lost population on a regional basis.

The response of most people who don’t live in these places has been “too bad, so sad.” Shrinkage was seen as a phenomenon that affected a relative handful of unlucky places but was pretty much irrelevant to everybody else. The 2016 election caused people to pay more attention, but shrinkage has still been viewed as a contained phenomenon.

Alan Mallach argues that far from being an anomaly, shrinkage is likely to become the norm, in the US and abroad - even in China, saying, “By 2050, shrinking cities will have become the dominant urban form in China.”

Mallach is an urban planner who has studied shrinking cities in the Rust Belt for years. So he’s very aware of all the issues in these places. He’s one of the most knowledgeable, thoughtful people on the subject and one of the few who is willing to venture independent thought. He has a new book out called Smaller Cities in a Shrinking World: Learning to Thrive Without Growth.

Check out this upside-the-head stat:

In the book he notes that US population growth has slowed significantly in recent years. The birth rate is far below replacement, which is starting to show up in population figures. I just took a look at the data, and almost 75% of counties in the country had more deaths than births last year. Traditionally, births outnumbered deaths, so much so that the births minus deaths figure was called “natural increase” by demographers. Natural decrease was rare - but now it’s the norm. In fact, the Census Bureau actually renamed the field in its data release this year, calling it “natural change.” 

Lest you're tempted to react with a "no biggie" shrug, consider this:

 

The pre-industrial world was able to exist with more or less steady population for hundreds of years. But industrial society is built on growth and seems to function poorly without it. In this environment, shrinkage is a major threat. As Mallach puts it, “Population loss is a powerful risk factor increasing the likelihood that any or all of a long list of potential outcomes, mostly bad, will take place.”

Here are some of the bad things that happen with population shrinkage:

  • Many of the costs of local government - infrastructure maintenance, debt, etc - are fixed. So if you lose population, that means higher taxes for everyone else. Which of course only encourages them to leave, too. And eventually cities can’t pay for basic services.

  • With a shrinking labor force and consumer market, the economy will also shrink. This means lots of places will go out of business. This includes churches, which can’t sustain themselves with fewer members and less wealth in the community. 

  • The above fuel disinvestment in and abandonment of both public and private properties, producing blight. 

  • Growing cities have a bigger pie, so everyone can get a bigger slice. Shrinking cities are a zero sum or negative sum game. Someone’s win is somebody’s else’s loss. This make productive collaboration difficult and fuels corruption, which in my experience is pervasive in shrinking cities (Muncie, Indiana is a good example).

  • Decline causes many people who can to leave. This is disproportionately the most entrepreneurial (migration is an inherently entrepreneurial act) people in the city, as well as people with money.

  • Poverty and dysfunction grow, increasing social service needs, but with less local money to pay for them. Eventually the city becomes a ward of the state, or what Mallach calls the “urban transfer payment economy,” subsisting almost entirely on federal and state transfer payments. Youngstown is an example there. Even most people who nominally work in the private sector, like health care, are ultimately paid through transfer payments like Medicaid.

All of this produces a self-reinforcing cycle of decline. Just as growth begets more growth, often decline (other than that produced by temporary shocks) begets more decline.

He devotes a considerable portion of his piece to the idea of ideological capture:

One of the most fundamental tenets of localism has to be breaking from the national/global ideologies created and promoted by the most successful and elite people and places (and which are designed to entrench their success), and focus on what’s right for your community.

There are plenty of environmental initiatives that make sense for shrinking cities. Which ones vary by place. Cleaning up contaminated “brownfield” sites is an example. Improving parks or encouraging urban agriculture could be another. If I had a few million dollars to spend on environmental problems, I’d probably spend it on something like lead abatement. (Lead can cause permanent cognitive impairment in children). Any types of carbon reduction or “sustainability” initiatives wouldn’t even make the list, unless there was some specific local concern such as increased flooding along a nearby river.

The second ideological case is when Mallach extensively criticizes populism, which he says is simply “neofascism.” (Conversely, the word “riot” only appears once, and that in a historical context). This is basically saying that any Trump supporters and their views are beyond the pale and completely illegitimate - and by implication should be excluded from participating in civic renewal efforts. So while like almost everyone, Mallach is very keen on “inclusion,” it’s clear that not everyone is to be included. While in the bigger shrinking cities like Cleveland, there aren’t many of those people and thus they can be safely ignored, in many smaller shrinking places there are a lot of them, sometimes a majority. And a lot of places - including in some heavily minority areas - have seen a strong shift in that direction. 

I also searched for the word “church” in his book and there are only a handful of mentions, mostly negative and only one positive. Instead he focuses on NGOs, or the non-profit complex. Although churches are technically non-profits, they are rarely included in most people’s idea of the term. He obviously doesn’t view them, whether conservative or liberal, as a major localist force.

As my friend Connor has noted, one of the big problems facing cities of all varieties is the excessive power wielded by what he calls the “NGOctopus.” In smaller cities, where there’s little in the way of individual wealth or for-profit industry to counterbalance these, NGOs are particularly powerful. 

Virtually all NGOs, whether community non-profits, universities, philanthropies, etc. are 100% compliant with national/global left ideology. The people who staff them are often true believers, but even if not, it would be almost physically impossible for them to say or do anything that conflicted with these ideologies because it would destroy their future employability. Remaining bankable in society at large outweighs every other consideration for almost every business or civic leader everywhere in America. We’ve probably never been a bigger go along to get along society than we are today. 

It’s hard to see how you could have genuine localism in a city where a third or more of the population is systematically excluded from the table as illegitimate fascists, and where the people who are at the table are structurally unable to say or do anything that conflicts with national/global left ideology. 


He then makes this interesting observation:

Ironically, it’s the elite, successful progressive cities where there is more genuine ideological dynamism and genuine discussion of ideas, and as a result more space for localism. There are many groups from left to right in NYC with a lot of different and genuinely local ideas. It even has a major conservative tabloid newspaper, the New York Post. A lot of high wattage heterodox people have moved to Austin. There are wealthy tech bros pushing back on the left in San Francisco.

He then introduces a term I'd not encountered before: hicklibs. I don't know if he coined it, but it sure is applicable to a certain type of person dwelling in smaller flyover-country communities who considers himself / herself an engaged citizen but is awfully preoccupied with distinguishing himself / herself from the rubes with which he / she daily interacts:

But shrinking cities - and many second tier and below cities in general - are dominated by “hicklibs.” These are moderately talented but very insecure people who are completely imitative of what they think their aspirational peers in coastal cities believe. In red states, they are also often deeply animated by a kind of ressentimentagainst conservatives and state government. This leads to a suffocating uniformity of thought, typically ideological placed between the center-left and far-left, with remarkably little dissent except for the occasional Republican candidate for office. These places are intellectually moribund.


He says hicklibs do have a point - Trumpists are boneheads in the throes of equally intense ideological capture - but that it's not particularly helpful in getting us to a viable localism.

Daren Jonescu, at his blog, examines the arrogance - and mistakenness - of the modern notion in "education" that previous periods in history were characterized by ignorant ways we've evolved past:

Almost two thousand years ago, the Romans rounded up Christians and other offenders against official beliefs and fed them to wild dogs and lions, as a form of popular religious expression/entertainment. A few hundred years ago, it was Christians of Europe and America rounding up alleged witches, and burning them at the stake or hanging them, as an expression of religious orthodoxy.

What do we learn from these examples? If your reaction is, “We learn that people of past ages were irrational, intolerant, and brutal,” then you have not fully escaped the effects of your progressive education. For the Roman Empire that was feeding Christians to the beasts as mass spectacle was the standard-bearer of civilization in late antiquity. The Christians burning witches were involved in the development of the moral constructs of some of the leading, and most civilized, nations of our late modern world.

Meanwhile, in today’s most forward-looking nations, so sure that they are living far above and beyond such inhumanity, millions of healthy human lives are aborted each year, and several European nations boast of having eradicated various genetic defects, by which they mean simply that they have systematically determined to identify fetuses likely to be born with imperfections and kill them.

Furthermore, today, almost every human being who is fortunate enough not to be killed in early development is removed by law, at about age five, from the primary care of his parents, and thenceforth raised, in all essential regards, in government indoctrination centers, by trained and employed agents of government social control, with parents treated, for the most part and increasingly so, as rivals and obstacles to the total absorption of the child into the unified wave of the collective, i.e., the unwavering will of the state.

At the other end of our modern indoctrination process, all the old social customs and moral rules regarding marriage and childrearing, which were developed and maintained for millennia with a view to delaying or curtailing easy physical gratifications, thereby moderating and guiding men’s desires in order to promote deeper attachments to other individuals and to the community, which in turn would foster the properly human longing for the beautiful, with its variously civilizing forms of expression — family love, religious devotion, unifying art, principled statesmanship, intellectual friendship, the search for truth — are being quickly dispatched in favor of the most pettily self-absorbed forms of hedonism. Every pleasure or whim, particularly the most intense, immature, and immediate, is now judged an essential and overriding good, and even more absurdly, a primary source of personal identity; anything that would forestall such pleasures or whims is therefore judged essentially evil, and all attempts to curtail or moderate any urge for gratification unjust. Due to the mechanisms of this carefully manufactured ersatz freedom, which is in truth a reversion to the vectors of material necessity, all the specifically human endeavors — community, art, faith, politics, and thought — are diminished and dying among us, as our species retreats to a superficially decorated primordial existence of impulsively scratching random itches while pounding one other over the head for food and fear.

The only solution is real education:

one which is liberal and non-dogmatic, in the sense of encompassing and respectfully considering all the most forceful and efficacious of humanity’s attempts and alternatives thus far, however distant some of these may seem from present norms, as well as being elitist and impious, in the sense of paying no heed to current political expectations or popular standards of right thinking.

Nothing is worthy of the name “higher education” which does not meet those criteria. For the truest education is always and necessarily that which begins by rejecting the soul-stultifying path of reinforcing the presuppositions and indoctrinated self-certainties of those undergoing it. The key to the heights in education lies precisely in the uncomfortable but ennobling attainment of a position of self-aware uncertainty, and in the subsequent willingness to proceed, with guidance, from this fresh starting point — the first step in philosophical investigation, the rejection of vested interests and predetermined interpretive “frameworks” — toward a naïve engagement with the ideas and figures history has judged to have offered the most enduring and fruitful avenues in the search for ultimate meaning and purpose. 

My latest at Precipice is entitled "There's a Little Prometheus In Us All."