Running Out the Guns on Abortion

Georgia's heartbeat bill was signed last week. Today the Alabama state legislature passed a law that is clearly unconstitutional under current SCOTUS jurisprudence just precisely in order to provoke a court challenge. Frankly, if I were the governor of Alabama -- the actual governor is a woman, by the way -- I would veto it in spite of all the reasons to oppose abortion. The Georgia law may not survive constitutional challenges either, but at least it aims at being a workable law: it defines the beginning of human life as the beginning of the natural heartbeat (philosophically indefensible, that, but it does track the equally wrong but actually legal standard for death as the end of the natural heartbeat). All legal protections start there.

Not citizenship, though, which requires the child being born under the 14th Amendment. The earliness of the heartbeat also means that abortion may not practically be an option for most mothers, which is going to be hard for the SCOTUS to swallow. I don't think the votes are there to support repealing Roe and Casey yet -- I'd expect Roberts to defect, and Kavanaugh perhaps given his commentary in the confirmation -- but the approach is defensible. Establish that the child is a legal person, alive and entitled to an equality of rights.

The Alabama law doesn't even try to construct workable standards. The legislature was clear that its intent is to provoke, rather than to craft a law that could apply to practical cases in the world. That is not the purpose of legislation, and there definitely aren't the SCOTUS votes to win given that it defies every single aspect of the extant jurisprudence. I would think a governor would rather not take a case like that to court.

Academia as a subprime mortgage broker

Allen Farrington at Quillette, on academia:

Parkinson’s Law holds that a task will take as long as the time allotted to complete it. It seems to be a kind of social equilibrium theorem applicable to any complex organisation. Normally such organisations would simply collapse under the weight of their own bureaucratic inefficiency, but academia is different. It will never be allowed to collapse because education is a right.

* * *

Peter Thiel has given a uniquely scathing critique of the insanity of this system. . . . It is effectively a Ponzi scheme. No wonder Thiel calls college administrators subprime mortgage brokers. They get a cut on selling pieces of paper that are only as valuable as we all pretend they are.

All the local governments here just approved a county Economic Development Corporation, in the belief that a unified mouthpiece for rightthink from community leaders will attract new business and jobs. How it will achieve this goal remains murky, beyond the intention to bribe prospective employers with tax abatements, but there is much enthusiasm for "enhancing the workforce." Although it's unclear what anyone proposes to do to enhance the workforce beyond what we'd normally expect from public schools, the idea may be to create a para-academic institution in which useful knowledge is imparted to a select group of youngsters who want to learn it and can be expelled if they fail to learn or if they disrupt the classrooms too much. If that's the plan, I'll probably get on board, while regretting that we still have to fund the public schools with sky-high ad valorem taxes. Vouchers would let the parents choose the schools that produce results that suit their families, and watch the non-functioning schools die on the vine.

OK, we'll quit exposing you to wildfires

PG+E entered its second bankruptcy last year when it was threatened with $30 billion in damages from the horrific Camp Fire conflagration.  Now it's determined never to cause anyone that kind of disappointment again:

The Camp Fire in November, along with fires from the prior year, exposed PG+E to an estimated $30 billion or more in claims from blazes, hastening its January bankruptcy. Since then, the utility giant has been under pressure to better ensure that its equipment won’t spark fires. Earlier this year, PG+E said it would widen the scope of its power shutoffs to include high-transmission power lines, potentially impacting nearly 10 times the number of customers compared to an earlier plan.

Of course, there will be new kinds of disappointments.

John Adams vs. the Mob

I was eager to bring myself up to speed on America’s revolutionary history.

The most memorable story I heard during that tour was of a young John Adams, a future U.S. president, successfully defending Thomas Preston, a Captain of a redcoat British regiment who’d been accused of ordering the aforementioned massacre after British soldiers were hit with rocks and snowballs. When the administration of Acting Governor Thomas Hutchinson put Preston and his men on trial, Adams agreed to serve as defence counsel, despite the fact he’d already staked out a reputation as a leading Patriot. Years later, he would declare that “the part I took in defence of [Captain] Preston and the soldiers, procured me anxiety and obloquy enough. It was, however, one of the most gallant, generous, manly and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country. Judgment of death against those soldiers would have been as foul a stain upon this country as the executions of the Quakers or witches.”

Part of a piece chiding Harvard, and defending the ideal that even those accused of serious crimes deserve a proper defense. This ensures that the state exercises its power only when it has properly proven the charges, not merely when it has raised serious charges.

We could use more rather than less of that. The recent Mueller investigation was characterized by serious charges being used to justify extraordinary exercises of power (e.g., violating the attorney-client privilege of the President of the United States in order to raid his home and office, seize his documents, and read them). These accusations were rarely tested in court because of the plea bargain process, in which very easy terms were offered for a guilty plea compared with the severity of the punishments if you dared to contest the charges. A man of adequate honor might refuse to plead guilty when he was not, but perhaps not; given the ruinous cost of an extended defense to his family, even a man of high honor might choose to prefer harm to himself over harm to his family.

A lawyer might now begin to worry about offering a defense, if he might himself become the target of a prosecution or persecution thereby. We need more capability to defend those accused of serious crimes in an actual court-tested case, not a lessened capacity. This is a pillar of our liberty that is under tremendous stress.

Medicare For the Whole World, Courtesy of the US Taxpayer

You're just making things up now, Senator.

Easter Snow

A bit past Easter, but my mother said it was snowing where she was yesterday on Mother's Day.



These are the Uilleann Pipes, quite different from the great pipes usually featured here.

Biden vs. AOC

I'm not inclined to be mean to the young lady from Brooklyn, or the Bronx, or whichever part of NYC she's supposedly from; I can't be bothered to remember much about them anyway, though I know from visiting that the Bronx is in the north and Brooklyn is in the south. Still, she's a celebrity of a sort within the party, so when she decides to go hard against the presumptive nominee it's interesting.

Labor

How does a government act when it genuinely wants its existing labor force to thrive?  From a Claremont article about Hungary's Prime Minister Viktor Orbán:

“[W]e want a Hungarian Hungary and a European Europe,” he said. So he sought alternatives to Muslim migration that would allow him to keep Hungary’s full-employment economy from stoking inflation. He has stepped up efforts at reintegrating into the economy the backward but considerably more fecund Roma minority. He has lowered the minimum school-leaving age from 18 to 16. He has remobilized retired people. He has pushed the unemployed onto workfare.

And he has made it possible for the German factories that are the backbone of Hungary’s manufacturing economy to ask for up to 400 hours of paid overtime from their workers annually. So short of labor is Hungary that two strikes in January 2019—one in the 4,000-strong Mercedes plant in Kecskemét, one at the vast Audi plant in Györ, with 13,000 employees—ended with 20% and 18% raises for workers, respectively. In the past year Hungary has (very discreetly) offered residence to Venezuelan refugees of Hungarian background. And Orbán has drawn up a plan offering a $30,000 loan to first-time mothers that gets written off when the mother bears a third child, and grants every woman who raises four children an exemption from income tax for the rest of her life.

Beautiful, Warlike Music

The 1982 Conan the Barbarian movie transcends its genre at times, and in several ways, but never more than in the beauty of the score.



Someone made a good decision in hiring a real composer to write a real composition. It raises the movie -- sometimes good, often clever, sometimes silly -- fully into the realm of art.

Glenn Reynolds is Right

The Sage of Knoxville:

BETTER THAT THEY SHOULD BE VICTIMS? Students who tackle shooters die as heroes. Some experts worry ‘we’re setting our kids up to be martyrs.’ “”We’re asking children to make executive decisions, life-and-death decisions.” We’re not asking them to. Life is forcing them to. And this isn’t unusual, but rather — since these “children” are teenagers — the norm for human existence. You could join the Roman legions at 14.

It is?

@Comey: "Reasonable," "totally normal step" to plant undercover sources in a political campaign.

Was that supposed to be reassuring, hoss?

Heresy

A response to the Defend/Defeat piece that Google hated so much.

I welcome the determination of Williams and the Claremont Institute to protect the nation against the deleterious ideas and illiberal political aims of the purveyors of identity politics and political correctness. But I worry that the Claremont campaign proceeds from a flawed understanding of the ideas Williams hope to defeat and misconstrues the imperatives of prudence arising from the regime he wishes to preserve.

It is a theoretical and rhetorical error, I believe, to liken multiculturalism to slavery and communism.... the ideas that Williams groups under the multiculturalism label present an incoherent cluster of demands for power by resentful members of the elite which masquerade as a quest for social justice by the disadvantaged.

That's OK, because the bulk of Americans are now too badly educated to recognize incoherence. They're ripe for the picking.

Big if True

The claims in this piece are explosive.

[Concerns that the Steele memorandum had many false claims] were flagged in a typed memo and in handwritten notes taken by Deputy Assistant Secretary of State Kathleen Kavalec on Oct. 11, 2016.

Her observations were recorded exactly 10 days before the FBI used Steele and his infamous dossier to justify securing a Foreign Intelligence Surveillance Act (FISA) warrant to spy on Trump campaign adviser Carter Page and the campaign’s contacts with Russia in search of a now debunked collusion theory.

It is important to note that the FBI swore on Oct. 21, 2016, to the FISA judges that Steele’s “reporting has been corroborated and used in criminal proceedings” and the FBI has determined him to be “reliable” and was “unaware of any derogatory information pertaining” to their informant, who simultaneously worked for Fusion GPS, the firm paid by the Democratic National Committee (DNC) and the Clinton campaign to find Russian dirt on Trump....

[Kavalec] quoted Steele as saying, “Payments to those recruited are made out of the Russian Consulate in Miami,” according to a copy of her summary memo obtained under open records litigation by the conservative group Citizens United. Kavalec bluntly debunked that assertion in a bracketed comment: “It is important to note that there is no Russian consulate in Miami.”

Kavalec, two days later and well before the FISA warrant was issued, forwarded her typed summary to other government officials. The State Department has redacted the names and agencies of everyone she alerted. It is unlikely that her concerns failed to reach the FBI.

Emphasis added.

John Kerry and the Logan Act

Way back in 2004, when this blog was still young, I wrote a piece on John Kerry breaking the Logan Act. At that time I didn't realize that the Logan Act was a dead letter, nor that John Kerry's entire career was built on Logan Act violations and, indeed, outright treason in Paris when he met with the North Vietnamese to negotiate, while a serving naval officer, without the permission of his chain of command. Even then I knew Kerry wouldn't be prosecuted for it.

Sally Q. Yates apparently knew something else, because she used the Logan Act to go after Michael Flynn and George Papadapolous. The Mueller report scuttles the law, though, making clear that it is a baseless and probably unconstitutional law that has never been enforced in 200 years.

Today President Trump stated that John Kerry should probably be prosecuted, because he's actively working to prevent diplomatic engagement between the United States and Iran. Well, he won't be. The man has made his whole life out of this particular sort of perfidy. In just this way he rose to Senator, Secretary of State, and almost -- very nearly -- President of the United States. Treason prospers.

Death Prayers

Raven's suggestion of last week that we should have prayers for dying well got me to thinking of good examples. Our culture is not rich with them. One example that came to mind was the 1999 film 13th Warrior. Ironically, perhaps, both of the prayers are not Christian; both are nevertheless excellent.



Both are also too long. These are prayers to say when you have time. But an abbreviated version might do well.

Oddly Enough, The Answer Proves to Be "Yes!"

Past performance is no guarantee of future results, I guess.

Odd, I Haven't Heard Much About That

A school shooter in Colorado turns out to be a "juvenile female, transitioning to male." Or, as the UK Metro puts it, a "schoolboy."

Sources told the station that the unnamed boy’s motive went ‘beyond bullying and involved revenge and anger towards others at the school,’ adding ‘that at least one of the suspects was involved in legal and illegal drug use and had been in therapy.’

Yes, well, the legal drugs will have been hormone injections -- testosterone, especially. What might be the psychological effects of injecting lots and lots of testosterone into someone who is already unstable enough to feel they need "therapy," and who also uses illegal drugs?

The Harms of Immigration to Migrants

A piece on the hardships it creates for migrants themselves begins with an admonition.

In a recent interview with a French magazine, Cardinal Robert Sarah, prefect of the Congregation for Divine Worship and the Discipline of the Sacraments, said it is wrong to use the gospel to defend illegal immigration. The reason many priests, bishops, and cardinals will not say so is because they are “afraid of being frowned upon, of being seen as reactionaries.”

Sarah is not afraid of that. “It is better to help people flourish in their culture than to encourage them to come to a Europe in full decadence,” he said. “It is a false exegesis to use the word of God to promote migration. God never wanted these heartbreaks.”

In Europe, a lot of immigrants are from the Islamic world. I've spent a lot of time listening to Muslims talk about all this, and they are keenly aware of that decadence. It is their most legitimate complaint against the West, the degree to which the decadent parts of our culture corrupt their own.

Of course, some of that bleeds over into areas where they are assigning the name of 'decadence' to things like allowing women to walk around with their hair showing. You'd think there would be a happy middle ground between purdah and public grotesques, but perhaps there is not. Free individuals may choose to do right, which is the blessing of liberty; but they may also choose to do wrong, which is part of the price.

In any case, I'm glad to hear a Cardinal point out that this is a misuse of the gospels.

Contempt versus Contempt

Attorney General Barr was held in contempt today by the House Judiciary Committee for not doing something he is legally forbidden from doing, according to a law passed by Congress. The law states that knowingly violating the rules pertaining to grand jury secrecy may be "punished as contempt of court."

There's a rock and a hard place for you: choose either contempt of Congress or contempt of court. Barr made the right decision, though, because Congress in the current moment merits contempt. My former Congressman says as much himself.

Battle Axes and Boat Axes

A fun article on the history of the axe in Scandinavia. They still do a great job. The best axes I've ever owned are made by Gränsfors Bruk. They take an edge so sharp that you're liable to cut yourself by looking at it.

One I don't have but might like to own is the "Gränsfors Outdoor Axe," whose description I find amusing. "The Gränsfors Outdoor Axe was developed with the help of survival expert Lars Fält, and is ideal for those who want to use an axe in different ways when out and about in the countryside." Why yes, I can think of "different ways" I might use such an axe "while out and about in the countryside."