Wednesday, September 30, 2020

The First Debate Showed Why Biden Will Win

By Cameron Hilditch

Tuesday, September 29, 2020

 

Joe Biden is not Hillary Clinton, and that will be enough to win him the election this November.

 

This much has been clear since Super Tuesday this year during the Democratic primaries. In 2016, Hillary split several very important states with Bernie Sanders on Super Tuesday, and those she won, she won without walking away. In 2020, Democrats reran the same experiment with Joe Biden, even keeping Bernie the also-ran around to act as a control factor. The results were strikingly different. Biden annihilated Sanders on Super Tuesday. It appears that a lot of the Vermont senator’s support in those states last time around was motivated more by antipathy towards Hillary than by affection for Sanders and his agenda. Given the opportunity to vote for someone other than Hillary, voters ditched Sanders in droves.

 

The same dynamic will play out in the general election this November. Voters who flocked to Trump in 2016 because he met the indispensable criteria of not-being-Hillary will abandon him when offered a non-Hillary alternative.

 

The first debate showed why this result is all but inevitable at this point. At several intervals, the president descended into what can only be described as merciless bullying. Biden, it should be noted, was susceptible to bullying in the first place because he appeared to be punch-drunk from the get-go, and could not seem to find his marbles at any point during the debate.

 

But Trump went seriously out of bounds at several points. He refused to acknowledge Beau Biden’s honorable military service, pivoting instead to Hunter Biden’s cocaine addiction. Needless to say, family struggles with substance abuse would be completely out of bounds during a political debate in a healthy, dignified society.

 

But the personal attacks didn’t really land. They just drew attention to Trump’s comprehensive paucity of class and moral fibre. And they didn’t land because they weren’t directed at Hillary Clinton. Trump’s pugnacious and bullish behavior is not a new debate tactic that he’s picked up this year. His behavior during the debates with Clinton was very similar — he even insinuated that he’d throw her in jail given the chance. But Trump’s pugilism didn’t hurt his debate performances as much last cycle because it was aimed at Hillary, a woman for whom huge swathes of the electorate cannot muster a single shred of sympathy. She was so disliked and so abhorred by so many Americans, that everything Trump threw in her direction was, if not applauded, then ignored in light of Clinton’s own record of staggering moral illiteracy.

 

The truth is that Donald Trump as a candidate was tailor-made to beat Hillary Clinton, but his style of politics doesn’t adapt very well to less hated opponents. Put him in a room with a candidate even marginally more sympathetic than Hillary and he comes across as little more than a latter-day Biff Tanner, tormenting whichever hapless McFly is unfortunate enough to be in close proximity to him.

 

The first debate solidified a conviction I have long held about this era of American politics: that Hillary Clinton will go down as its most significant and influential actor. She was such a bad primary candidate in 2016 that she opened the door for a socialist takeover of the party base. She was such a bad candidate in the general that she lost to the headliner of WrestleMania 23, who will in turn lose this fall because his entire political personality was cultivated to exploit the nation’s antipathy towards Clinton, and there’s no other electoral lock that he can pick. When all is said and done, Hillary Clinton’s epoch-defining awfulness as a candidate for public office will be seen as the hinge around which this entire decade of political history in America turns. Trump tried all the old tricks tonight that he pulled out in 2016, but not running against Clinton proved to be his Kryptonite. It’s simply harder for most people to hate Joe Biden than it was for them to hate Hillary Clinton, and so Trump’s personal depravity comes across less as Defcon-1 necessity and more as a sordid personal and national disgrace.

 

Donald Trump and Hillary Clinton were the two least popular major party nominees to ever run for president. Not being Clinton was enough for Trump to win. It stands to reason that not being either of them will be enough for Biden to win as well.

Trump Did Himself No Favors

By Kevin D. Williamson

Wednesday, September 30, 2020

 

The debate was a remarkable example of the fact that Donald Trump, the most self-serving man in America, doesn’t know how to do himself any favors.

 

For the first ten or twelve minutes of the debate, he was walking away with it—Trumpy, sure, but in control and surprisingly reasonable-sounding. If he had kept that up for the whole night as Joe Biden dodged questions about court-packing schemes, couldn’t figure out whether he supported or opposed the Green New Deal, and attempted to brazen his way through the undisputed facts about his son’s business dealings, Trump might have been able to make a plausible case that his administration delivered a strong economy (that’s presidential superstition, but this is how we talk about these things now) that was producing some pretty impressive numbers until the epidemic, and that his administration responded strongly to the coronavirus by halting flights from China, for which he was called a hysterical xenophobe. (Which, of course, he is.) There would be a lot of bull in that, of course, but it would be a basically defensible case, and one that would have been relatively easy to sell with the economy making a faster recovery than most had expected.

 

Trump’s goal seems to have been something different: to establish that Biden is too diminished and weak to do the job. Hence the schoolyard antics. It probably doesn’t matter (because debates rarely change anybody’s mind), but Trump didn’t need to do that: Biden was always going to do it for him. But if we assume that there are some genuine on-the-fence and persuadable voters, this was the wrong way to reach them—because people who are going to be snookered by that kind of dumb, posturing bluster already are voting for Trump. The people who think Biden is senescent and doddering, and who are voting based on that, already are Trump voters.

 

Even the softball question about white supremacists he couldn’t quite get right: “Stand by”?  If Trump had a lick of wit about him, he might have said: “White nationalism and anti-Semitism? You know I live in New York, right? I live there on purpose, and it’s a terrible way to surround yourself with conservative white Protestants. Proud Boys? What do I have do to with these low-rent nobodies?”

 

And who is advising Trump on health care? When Biden knocked him for his lack of a “comprehensive plan,” he insisted that he has one, which, of course, he doesn’t. He should have acted like the businessman he plays on television and run with it: “You’re right, Joe, we’re not pursuing any sweeping, national health-care legislation. There won’t be any Rose Garden signing ceremony for ‘Trumpcare.’ We have a divided government and no real consensus on the issue, and trying to remake the health-care system at large without consensus and buy-in doesn’t work, as you, of all people, should know. That’s why Obamacare has failed. Most of your own party today disagrees with you about health-care policy, and most Democrats are closer to Alexandria Ocasio-Cortez and Bernie Sanders on this than they are to you. And that’s why your comprehensive plan isn’t going to amount to squat. Instead of something like that, my administration is making discrete reforms when and where we can—the individual mandate, veterans’ care, and drug prices—which may not have the allure of a grand scheme but which might actually make life a little better for a few million Americans, especially the elderly and veterans.”

 

But, derka-derka worked for him in 2016. So, who knows?

 

The problem for Joe Biden, emphasized last night, is that there is a difference between the candidate he has been for most of this race—“Not Donald Trump”—and the one he has to be for the last part of it.

The Debate Dumpster Fire

By Jim Geraghty

Wednesday, September 30, 2020

 

Last night, I thought the first presidential debate of the 2020 cycle was bad. This morning, after a night’s sleep and further reflection, I think it was even worse than bad.

 

Assume, for a moment, that you think Joe Biden is well past his prime, that he’s not as quick on his feet or as sharp as he used to be, and that he wilts under pressure. Assume you believe that Biden’s “word salad” moments are indicators of senility or some other serious mental problem that will impede his ability to perform the duties of the presidency. Assume you believe that Biden’s campaign calls all of these early “lids” because they just don’t trust the candidate to perform and want to minimize the amount of time that their man is in front of the cameras.

 

If you believe all that and you’re President Trump, why on earth would you go into a debate and constantly try to talk over him and minimize the amount of time Biden speaks? If you believe Biden’s biggest liability is his mouth, why would you try to ensure the debate was 90 minutes of crosstalk?

 

Trump effectively called a lid on Biden early in the evening.

 

Then, if you think your opponent is going to try to duck the debates, why would you hand him an excuse to withdraw from the next two debates on a silver platter? (For what it’s worth, the Biden campaign says they will participate in all the remaining debates.)

 

The debate was bad for Trump, not really all that good for Biden, bad for moderator Chris Wallace, bad for the viewers at home, and bad for our system of government. The only people who had a good night were the far-right extremist Proud Boys.

 

In a year that has been a dumpster fire in so many ways, this debate fit in perfectly.

 

There is a defense to be made of this administration’s record, and a critique of Joe Biden and his allies in the Democratic Party. But the president’s hurricane of bluster and hectoring and heckling didn’t really make those arguments. Part of the problem is that President Trump either can’t remember particular facts and figures or can’t be bothered to try.

 

Which is more persuasive — something like this . . .

 

Since 2005, national greenhouse gas emissions have fallen by 10 percent, and power sector emissions have fallen by 27 percent — even as our economy grew by 25 percent . . . From 2005 to 2018, total U.S. energy-related CO2 emissions fell by 12 percent. In contrast, global energy-related emissions increased nearly 24% from 2005 to 2018 . . . U.S. greenhouse gas emissions fell about 2 percent in 2019 . . . The 2019 drop was driven by a nearly 10 percent fall in emissions from the power sector, the biggest decline in decades.

 

Or what the president said last night: “We have now the lowest carbon — if you look at our numbers right now, we are doing phenomenally.”

 

The president wasn’t wrong, but because he doesn’t care about the details, he doesn’t cite the details, and it sounds like his usual boasting.

 

But don’t take it from me. You can argue that the Michael Beschlosses and Jon Meachums of the world were always going to detest a Trump debate performance, although I think their scathing post-debate denunciations of the president are their genuine opinions and not played up for effect. Listen to these folks who are, by no stretch of the imagination, pulling for Joe Biden:

 

“The problems the president had tonight can potentially be fixed,” says Chris Christie, who is part of the Trump debate prep team, on ABC.

 

The Wall Street Journal editorial board: “The benign explanation for the President’s performance is that like other incumbents in their first debates he was overconfident and underprepared. A less benign view is that he grew flustered as the debate went on and lost his cool and whatever focus he had at the start. He was so scattershot with his answers that he rarely offered a sustained case for his own policies. When Mr. Biden said Mr. Trump had called veterans ‘suckers’ and ‘losers,’ Mr. Trump didn’t refute it but brought up Hunter Biden.”

 

The Boss: “The debate was pretty awful and I think the most important, and perhaps only, takeaway is that Biden didn’t buckle. He got flustered at times, did his share of interrupting, and was evasive on some key questions. But the point of the president going Full Trump, as Dan puts it below, was to make Biden crack and it didn’t happen. So Trump turned in a performance that a lot of viewers will find unpresidential without getting the upside. I doubt the debate will change the race much one way or the other, but Biden benefits every day the trajectory of the race stays the same.”

 

Brit Hume: “If the winner was the person who displayed the greatest force of personality, obviously, I think you would have to declare Donald Trump the winner. I’m not sure . . . that people at home would find that all that appealing. As for Vice President Biden, one of the big questions that hung over him tonight was whether the age and the forgetfulness and the confusion that has overtaken him at times would assert itself tonight. As far as I could see, it did not. I thought he held up very well. He was largely clear. At times, he was thrown off stride by the president’s interruptions, but who wouldn’t have been? So, I don’t know how many minds were changed. I don’t know if any minds were changed.”

 

Guy Benson: “Well, that was bad. Hard to organize thoughts after that chaos, but bottom line: Biden’s overall goal was to look like an acceptable alternative for voters who are exhausted by Trump & want a change. I suspect he succeeded. He’s already leading. So he won the night.”

 

Erick Erickson: “Undecided voters this late in the game typically break away from the incumbent for something different. I think both Trump and Biden probably did give them an excuse to break towards Biden if any of them bothered sticking around to the end. The upshot for the President is the debate performances of both men probably left most undecided voters hurling F-bombs, going to bed early, and deciding to stay home altogether. Maybe that helps the GOP.”

 

Michael Goodwin of the New York Post: “The bulk of the blame falls on Trump, who came with a clear plan and executed it flawlessly. Unfortunately, it was a very bad plan. From the get-go, the president was determined to rattle Joe Biden by being a persistent interrupter, rarely letting the former vice president finish two consecutive sentences. On occasion, his interjections were smart, but mostly, they made him look boorish . . . I was surprised at Trump’s approach. It was an example of all tactics and no strategy. He interrupted even when Biden was stumbling, which had the effect of letting Biden off the hook and out of the rhetorical weeds.”

 

John Podhoretz in the New York Post: “The simple fact of the matter is that Trump was incredibly unpleasant to watch, and Biden wasn’t. It was painful and sordid and cringe-inducing, and that was almost entirely Trump’s doing.

 

In fairness, some people thought the president won. Hugh Hewitt declared, “Donald Trump would play this debate on an endless loop if he could.”

 

Dissecting the ‘Proud Boys’ Exchange

 

About 42 minutes into last night’s debate . . .

 

WALLACE: You have repeatedly criticized the vice president for not specifically calling out Antifa and other left-wing extremist groups. But are you willing tonight to condemn white supremacists and militia group and to say that they need to stand down and not add to the violence in a number of these cities as we saw in Kenosha, and as we’ve seen in Portland.

 

TRUMP: Sure, I’m willing to do that.

 

WALLACE: Are you prepared specifically to do it?

 

TRUMP: I would say almost everything I see is from the left wing, not from the right wing.

 

WALLACE: But what are you saying?

 

TRUMP: I’m willing to do anything. I want to see peace!

 

WALLACE: Well, do it, sir.

 

BIDEN: Say it, do it, say it!

 

TRUMP: What do you want to call them? Give me a name, give me a name, go ahead! Who do you want me to condemn?

 

WALLACE: White supremacist and right-wing militia.

 

TRUMP: Proud Boys, stand back and stand by. But I’ll tell you what, somebody’s got to do something about Antifa and the left because this is not a right-wing problem, this is a left-wing.

 

BIDEN: His own FBI Director said unlike white supremacist, Antifa is an idea not an organization-

 

TRUMP: Oh, you got to be kidding me!

 

BIDEN: -not a militia! That’s what his FBI Director said!

 

TRUMP: Well, then you know what, he’s wrong.

 

WALLACE: We’re done, sir. Moving onto the next . . .

 

First, notice Trump brought up the Proud Boys by name, not his rival or the moderator.

 

Second, notice Trump’s bafflingly stubborn refusal to say, “I denounce White supremacists and right-wing militias.” It’s as if Trump thinks everyone won’t notice, or that the viewers at home will give him some sort of credit for not going along with other people’s requests or demands. Almost everyone else in politics would calculate that any value from not denouncing white supremacists, right-wing militias, or the Proud Boys is more than offset by the damage done among other voters who abhor those groups and who will be repelled by a president who won’t denounce them by name. For some reason, Trump seems to think he can lose all the soccer moms and make up the margin among the extremes.

 

Third, notice Trump defenders will insist “stand back and stand by” means “stand down.” But if Trump wanted to say “stand down,” he should have said “stand down!” Say what you mean and mean what you say. The common defense of Trump’s “very fine people on both sides” comment about Charlottesville is that he meant to refer to the non-extreme Confederate statue defenders, not the violent and anti-Semitic white nationalists, and his words just came out in an awkward, unclear way that sounded like he was referring to the white nationalists. Funny how Trump’s accidental word mix-ups consistently create this impression that he doesn’t want to alienate these groups.

 

Fourth, notice that Biden seems to think that because Antifa is an idea, not an organization, he’s not under any particular obligation to denounce it.

 

ADDENDUM: Jay Cost with an astute and trenchant observation: “Cable news has profited off turning politics into a spectacle. And now they have the temerity to bemoan it?

Macron Calls on Europe to End Military Dependence on U.S.

By Mairead McArdle

Wednesday, September 30, 2020

 

French President Emmanuel Macron on Tuesday urged Europe to extricate itself from dependence on American weapons systems while also defending France’s recent diplomacy with Russia.

 

“We, some countries more than others, gave up on our strategic independence by depending too much on American weapons systems,” Macron said during a debate with students at the University of Vilnius in Lithuania.

 

“We cannot accept to live in a bipolar world made up of the U.S. and China,” the French president continued.

 

Macron also attempted to reassure the presidents of Lithuania and Latvia during his three-day visit visit to the two countries that France’s recent diplomatic efforts with Russia are aimed to benefit their countries, which remain skeptical of Russian intentions after the poisoning of Russian opposition leader Alexei Navalny. Macron vowed that Russia would face unspecified consequences for Navalny’s poisoning and called on Russia to provide an explanation for his death.

 

Stronger European defense systems would support NATO, not replace it, Macron argued.

 

“We are conscious of your neighborhood as well as your history and it is in this spirit of mutual understanding and transparency and of protection of your security that we wanted to contribute to relaunching a strategic dialogue with Russia,” Macron said at a press conference alongside Latvian President Egils Levits.

 

“This dialogue doesn’t deny any parts of our European histories, but wants to face our history and our geography,” Macron said.

 

Lithuanian Foreign Minister Linas Linkevičius expressed skepticism Monday about French overtures to Russia, saying that while dialogue can be productive, it must bear fruit.

 

“We understand the desire to have dialogue because channels are always important in diplomacy,” Linkevičius told Politico. “Dialogue for the sake of dialogue is not what we want to see, it creates an impression of business as usual.”

 

France’s relations with Russia stiffened after Russia’s 2014 annexation of Crimea, but Macron attempted to reopen diplomatic channels last year.

 

Macron’s remarks echo his previous call in November for Europe to develop independent defense systems to maintain “strategic autonomy,” when he warned about “the brain death of NATO” due to the U.S. taking a more distant approach to the alliance.

Tuesday, September 29, 2020

When Taxes Attack

By Kevin D. Williamson

Tuesday, September 29, 2020

 

In 2009, British actor David Prowse — the guy in the Darth Vader suit in the original Star Wars trilogy — briefly focused the reading world’s attention on the practice of “Hollywood accounting” when he revealed that he had never received a residual payment for Return of the Jedi because the film had never, on paper, turned a profit. The film cost $32 million to make, and it grossed $475 million, but — thanks to the magic of Hollywood accounting — it had never shown a net profit.

 

It’s a common story: The novelist Winston Groom never received a profit distribution from the very successful film of his novel Forrest Gump because it never officially made a dime, some of the Harry Potter movies were on paper money-losing propositions, etc.

 

The go-to Hollywood-accounting move is tacking heavy expenses onto a film’s account in order to keep money in the pockets of studios, executives, and investors rather than paying them out to actors and others who accept a percentage of net profits in lieu of greater cash compensation. For instance, Michael Moore’s Fahrenheit 9/11 — brought to you by Harvey Weinstein and brother Bob — ended up putting some $20 million into the pocket of working-class hero Moore (the favorite son of Flint, Mich., who never actually lived in Flint, Mich.), but Moore sued, claiming he had been underpaid by millions. During the litigation, certain expenses came under scrutiny, among them the “costs of hiring a private jet to carry a single passenger to Europe,” according to the Hollywood Reporter. These are the people who like to lecture the rest of us about “inequality.”

 

Private jet service — for one — to Europe: nice, nice, nice.

 

Because we have a very, very stupid tax code and social norms that accept relatively high levels of petty personal corruption, owning a business can be a good way to finance a pretty high mode of living while simultaneously reducing your tax liabilities. There are a great many businesses, especially privately held ones, whose owners and executives use them as a kind of slush fund. It isn’t hard to do. If you decide you want to take a vacation in Gstaad, you can schedule a board meeting or corporate retreat there and then treat your travel costs as a business expense. This is much more attractive to smaller private businesses than to large public ones, because publicly traded corporations are subject to oversight not only from the SEC etc. but also from their shareholders, who might not like to see their money wasted on champagne and Gulfstream hires. But if you are a business that has, say, $100 million a year in revenue, with family members on the board and no publicly traded stock, then you are not spending anybody else’s money on your — I hate this word — lifestyle. You are spending your own money, but spending it pre-tax. What that means is that a $1,000-a-night hotel effectively costs you about $600. The kind of people who pay the top tax rate are also the kind of people who travel a lot, who spend a lot of money on restaurants and wine, who stay in nice hotels, etc. Being able to treat some considerable share of those outlays as business expenses can really add up.

 

This isn’t illegal. It isn’t even necessarily unethical.

 

Modern work, especially among the highly paid and highly skilled, isn’t very much like 20th-century industrial work. There aren’t whistles announcing the end of the shift; most of the workers in the upper half of incomes — i.e., the ones who pay federal income tax — don’t punch timecards or sit at a desk from 9 a.m. to 5 p.m. There are many people working in technology, finance, media, and other high-paying fields who really cannot draw a sharp distinction between working time and private time or say with any degree of specificity when their workday begins and when it ends. In such situations, it is natural and nearly inevitable that some blending of professional life and private life will occur.

 

If Joe Businessman from Muleshoe, Texas, has to go to Bozeman, Mont., on Monday for a series of meetings that ends on Thursday but decides to fly back on the following Monday instead and spend the weekend fly fishing, then the cost of the flights is going to be the same — it might even be less. The business expense of the airfare might be the same, but in the latter case the businessman will some additional personal benefit from it. Has he somehow cheated someone? Not really. Or think of the case in which an American business owner has to travel to Europe for a half-dozen meetings scheduled over the course of a month. Say she does some sightseeing and personal entertainment on the days when she doesn’t have a meeting scheduled. Even with the business paying for meals and lodging on non-meeting days, it probably makes more sense from a legitimate business point of view to keep her there for the whole month rather than fly her back and forth. Maybe she’s a new mother and the business pays to send her child and husband with her. If she normally flies private, then including the family doesn’t add much to the expense. From one point of view, this is a family taking an extended European vacation and getting a tax advantage from it; from another point of view, this is how work gets done in 2020.

 

Incidentally, this is not exclusively a rich-and-famous gambit, or a new one. My mother was a secretary and her husband was a janitor at a high school, and together they did not make very much money, but, in the merciless ravenous wicked capitalist economy of the 1980s, they managed to come into possession of a rental property. It put enough money into their pockets to make the payment on the house we lived in, but — for tax purposes — that rental property always, always, always lost money. There are many like it around the country.

 

As long as we tax businesses on their profit — meaning, roughly, revenue minus expenses — then we will have to use some discretion about what counts as a legitimate business expense, and that is going to be, given the realities of modern work, a matter of judgment and personal sensibility. That creates some real benefits for business owners and executives, but it also exposes them to risks: If the IRS decides to go after you on your expenses, the lack of hard-and-fast rules operates to the taxpayer’s disadvantage, not his advantage. Being a politically unpopular person with some questionable expenses is a good way to go to prison.

 

From time to time, politicians try to stop businesses from making business decisions the politicians do not like by threatening to eliminate the deductibility of any associated expenses. You may remember a few years ago a big fight about businesses’ allegedly exploiting a tax loophole to get a subsidy for offshoring. That was, mostly, nonsense. It wasn’t a loophole or a technicality, although another term for “loopholes” and “technicalities” is “the law.” If a business decides to set up shop abroad, then there are going to be expenses related to that — acquiring property, building a facility, paying lawyers to figure out the tax and labor rules in the new jurisdiction, etc. — and these are ordinary business expenses that can be deducted. The politicians generally run up against reality on these things: It is pretty difficult to have a tax code that allows money paid for legal advice to be treated as a regular business expense unless the lawyer facilitates a course of action that Elizabeth Warren wishes he wouldn’t.

 

There are alternatives, but they have problems, too. We could avoid the question of deducting expenses entirely by taxing gross revenue, but that might seem unfair to the grocer who has $100 million in revenue but $1 million in profit, who would pay the same tax as the law firm that has $100 million in revenue and $98 million in profit. My own preferred approach would be to eliminate corporate taxes entirely, taxing the money as individual income when it hits somebody’s pocket, but that wouldn’t solve the problem of how we treat expenses — we would still have to decide which are legitimate and which are improper or fraudulent.

 

This leads us, inevitably, to the case of Potemkin billionaire Donald J. Trump, who refused to release his personal income-tax information but couldn’t keep the New York Times from getting into it and merrily writing it up. The story the Times tells comports with my longstanding impression of Trump, who, as I have been arguing since he first got into the 2016 presidential race, was much more successful as a reality-television grotesque than as a real-estate developer. As one critic acidly put it: “He thinks he’s Conrad Hilton, but he’s Paris Hilton.” But it is worth keeping in mind that the tax provision under which Trump was able to carry back (as opposed to carry forward) some extraordinary losses and thus claim a huge tax refund was not some arcane tax scheme — it was part of the Obama administration’s stimulus package.

 

Does anybody remember who was in charge of that? Take your time — I’ll wait.

 

From NPR: “Joe Biden was instrumental in getting the 2009 recovery act through Congress, then supervised the stimulus for the Obama administration.” Call it a handout to the rich if you like — because it surely was that — but maybe take a little note of whose hand was doing the handing out.

 

One of the truly irritating aspects of our politics is politicians’ writing certain benefits and incentives into the tax code and then b****ing and moaning when those tax provisions . . . work. Trump’s using the carryback provisions to get a big tax refund isn’t a perversion of the Obama policy — it is what the policy was created to do. You can’t write a tax law that says, “We’re going to give a big refund to people who lost a lot of money — unless we happen to think they’re jerks.”

 

Starbucks got into this a few years ago: In addition to being a fast-food chain, Starbucks also is a manufacturer of packaged goods, and, as such, it benefitted from tax credits for manufacturers. The shrieking and wailing were obscene — and they came from the very people who wrote the damned law in the first place. As though the law said, “Manufacturing credits — but not for you, Starbucks, you hateful and ubiquitous icon of yuppie consumerism!” If you don’t want people to use tax credits to avoid taxes, then don’t create tax credits that enable people to avoid taxes.

 

The other takeaway from the Times’ deep dive into Trump’s finances is — yikes! Given what he actually has, what he actually owes, and the money he’s been losing, he looks set to end up in bankruptcy court again. Call the movie: Trump Bankruptcy V: This Time, It’s Personal.

How ‘Defund the Police’ Fizzled

By Kyle Smith

Tuesday, September 29, 2020

 

Defund the police” this summer took its place among the worst political slogans ever devised, right up there with “Nasty woman” and “Mondale ’84.” Defund . . . the police? Meaning zero out their funding, or even substantially reduce it? Shut them down, or at least hamstring them by taking away resources? How would diminishing the ranks of public-safety guardians benefit anyone but rich people who can afford to hire private security, and in many cases already do? Did anyone consult with the poor about this idea? The sentiment is so breathtakingly vacuous that it was pumped up mainly by Park Slope’s keyboard commies, furiously banging out revolutionary fan-fiction exclusively for the entertainment of fellow Salon readers.

 

Yet the idea was so fashionable among the radicals, columnists, and talking heads who don’t live in high-crime areas that, for a moment, even Joe Biden was momentarily beguiled by it. Asked by a left-wing activist, “Do we agree that we can redirect some of the [police] funding?” Biden replied, “Yes, absolutely.” (Biden had been musing about how “the last thing you need is an up-armored Humvee coming into a neighborhood. It’s like the military invading,” as though Americans had spent the month of June debating the wisdom of police Humvee usage. As president, Joe would handle the difficult questions by answering different, easier questions.) Yet, when Biden came to his senses he emphasized that he didn’t want to defund the police.

 

It’s now clear that the coast-to-coast conflagrations of the summer were not an urgent call for police reform but merely an extended temper tantrum. A serious look at police reform would begin with the question: Why do American police kill so many citizens — black, white, and other — and what can we do to reduce the violence? Few  expressed any interest in that matter, though the papers decided to capitalize the adjective “black” and the Poetry Foundation and Princeton volunteered that they were white supremacists, at least until a government inquiry forced the latter institution to admit that this was meaningless posturing for woke points, not to be construed as an admission of race discrimination because that would be illegal.

 

“Defund the police” got rolling in Minneapolis, and that’s where it . . . stopped rolling, fell over, and got trampled by the billion-footed beast of reality. A New York Times report sadly informs us that the Mini Apple is “a case study in how idealistic calls for structural change can falter.” Because it would have been ideal for residents of black neighborhoods to wake up one morning and discover they no longer had police protection from criminals thanks to the efforts of parlor radicals.

 

In a bout of June lunacy, 13 days after the death of George Floyd most of the Minneapolis City Council swore an oath to disband the city police department. Councilors said figuring out what would replace the police could come later. A Times report drolly informed the world that “council members said . . . they did not yet have specific plans to announce for what a new public safety system for the city would look like,” proving again that the Parable of the Underpants Gnome (devised in 1998) continues to be one of the most useful of all political heuristics. In this case, the U.G. thinking was as follows:

 

1.      Eliminate police

2.      ??????

3.      Citizens live peacefully and without fear of either cops or criminals.

 

Those same Minneapolis pols gravely “promised to develop plans by working with the community,” which is a municipal variant of the answer given by every Democratic presidential candidate at every debate, ever, when pressed to consider some thorny international problem: “We have to work with our allies on this.” It’s like watching a football coach whose playbook contains exactly one page, the one that describes how to punt. “We, the leaders elected by the people to manage things, have absolutely no clue! We’re taking suggestions, though. Got any ideas, people?” It’s lucky your mechanic doesn’t think this way: “I don’t know why your car won’t start, ma’am, maybe you can help me? That’ll be $73.50.”

 

Given that only 40 percent of residents (and 35 percent of black residents) think the police force should even be reduced, Minneapolis decided not to return to a Hobbesian state of nature where each citizen was on his own. In August, the city’s Charter Commission blocked even a watery and vague police reform proposal (cops to be replaced by a “Department of Community Safety & Violence Prevention” dedicated to “a holistic, public health-oriented approach”) from appearing on the November ballot. According to the Times, even in early June, several city councilors had qualms about such an absurd gesture as supporting police abolition. But with the city burning, members decided it would be a nice gesture to a couple of radical groups to express solidarity, regardless of what the average person wanted; rank-and-file citizens are not the ones out rampaging, after all. The City Council was evidently shocked that their announcement received nationwide attention since, like Princeton’s white-supremacy confession, it was obvious bushwa posturing. “I was surprised and was overwhelmed by it,” councilor Phillipe Cunningham, described in the paper as an “unabashed Black progressive,” admitted to the Times. “A big lesson learned for me was to be mindful of the language and words we used and how it can be interpreted.” Ya think? Another councilor, Andrew Johnson, sheepishly told the Times that the pledge to which he solemnly swore in June was valid only “in spirit,” not by the letter. Oh. Even when it comes to their most notable and sacred avowals, leftist activists are saying we shouldn’t take them literally. You will pardon me if I don’t take them seriously either.

 

When the death of George Floyd led within days to calls for abolishing the police, it was as though headlines reading, “Truck overturned on I-80” led to calls to shut down the trucking industry. Should a horrible incident cause the shutdown of an institution without which society cannot function? You have to be a progressive intellectual to think this way.

The Democrats’ Frivolous Three-Pronged Attack on Judge Barrett

By Andrew C. McCarthy

Tuesday, September 29, 2020

 

Doing some commentary over the weekend about President Trump’s nomination of Judge Amy Coney Barrett to the Supreme Court, I was struck by not just the emptiness but the outright deceptiveness of the three main Democratic lines of attack against her. These are early days, so perhaps Barrett’s opposition will find something of substance that gains some traction. For now, the main salvos against her are frivolous:

 

(1) President Trump has a litmus test for nominees, who must take predetermined positions that support his policy agenda; (2) Relatedly, Judge Barrett will “destroy” the Affordable Care Act, consideration of which comes up on the Supreme Court’s oral-argument docket the week after Election Day; and (3) Barrett, a devout Catholic, is on a crusade to overturn Roe v. Wade (1973).

 

I will take these in order.

 

*    *    *

 

1. Litmus Test

 

There is no evidence that President Trump has imposed a litmus test on judges whom he would nominate to the Supreme Court. That Democrats say there is a litmus test, tirelessly, on every media platform available to them, is not proof of anything other than a campaign to drive a fact-free political narrative into the public’s consciousness. Specifically, there is no evidence that Judge Barrett, in order to be nominated, had to agree to take the Trump administration’s position of staunch opposition to Obamacare and abortion. As I noted on the Corner earlier today, it is not unusual for Trump-appointed judges to rule against the administration.

 

Nor is there any indication that Judge Barrett would be amenable to a litmus test. Consistent with her personal character, scholarship, and jurisprudence, as well as the example of her mentor, Justice Scalia, Barrett emphatically rejects the premise that it is the judge’s role to impose policy preferences — whether the judge’s or anyone else’s — on the nation. She has demonstrated that she believes the judge’s task is to decide issues that arise in litigation based on the applicable law as it was understood at the time of its adoption, guided by the law’s text and judicial precedent. If Barrett is confirmed, she will confine herself, as she has done on the Seventh Circuit, to resolving the cases that come before her in such a manner. That is a hard enough job to do faithfully without looking for dragons to slay.

 

2. Eradicating Obamacare

 

The notion that Judge Barrett, or for that matter the other Trump appointees to the Supreme Court, are on the warpath against the Affordable Care Act is laughable. The ACA issue is being contorted into a convenient political talking point in the stretch-run of a presidential campaign because President Trump, foolishly and reportedly against the advice of Attorney General Barr, has supported a weak legal challenge to the law. The case is California v. Texas, and the justices are scheduled to hear arguments about it on November 10.

 

In my view, this is a rare case of conservative judicial activism, which itself is very unconservative. That is, Texas federal district judge Reed O’Connor, who is a fine judge, erred in this case by doing what conservatives properly fault liberal judges for doing: He imposed a policy preference, rather than deciding the case in accordance with the law and leaving policymaking to Congress.

 

In 2017, with Republicans controlling the House and Senate and with President Trump’s support, Congress zeroed out the penalty for non-compliance with the Obamacare individual mandate. Notwithstanding scores of proposals to “repeal and replace” the ACA, Congress did not do so; lawmakers left the remainder of the complex legislative scheme in place.

 

Even so, 18 attorneys general from red states, aping the destructive practice of their blue state counterparts, filed a lawsuit theorizing that Congress had implicitly done what it had actually declined to do, namely, repeal the ACA. Essentially, the red-state AGs (a) pointed out that the Supreme Court (thanks to the legerdemain of Chief Justice Roberts) had upheld the ACA as a tax in the 2012 case of National Federation of Independent Businesses v. Sebelius (NFIB); (b) asserted that this rationale for upholding the ACA is no longer valid because Congress’s 2017 zeroing out of the penalty (in the Tax Cuts and Jobs Act) means the mandate cannot be a tax, there being no tax without a penalty; and (c) therefore argued that, since the mandate was so central to the ACA, the entire ACA must fall. For standing purposes, the 18 states were joined by two individuals alleging concrete harm, and were supported by the Trump Justice Department (under then-attorney general Jeff Sessions).

 

In late 2018, Judge O’Connor, a George W. Bush appointee, agreed with the Republican AGs that the mandate could no longer be construed as an exercise of Congress’s taxing power. Thus, he reasoned, since the tax construction was what saved the ACA from constitutional infirmity in NFIB, and since that construction is no longer justifiable after the 2017 legislation, the mandate is perforce unconstitutional. Moreover, because the mandate is inextricably tied to key components of Obamacare (including coverage of people with preexisting conditions), O’Connor deduced that it is not severable from the rest of the ACA, meaning the ACA is unconstitutional in toto.

 

Subsequently, the Fifth Circuit U.S. Court of Appeals affirmed Judge O’Connor’s decision that the mandate is unconstitutional. But the appellate court did not uphold O’Connor’s inseverability finding, reasoning that the issue called for a more “granular” analysis. It therefore remanded the case to O’Connor for a more exacting inquiry. California — leading a coalition of 19 states plus the District of Columbia that support the ACA — pressed for an immediate Supreme Court review, arguing that the implications for public health care were too important to abide further doubt and delay. The Supreme Court agreed to hear the case.

 

It takes more effort to provide that description of the litigation than to tackle the bottom line. To my mind, the only question about the Supreme Court’s resolution of California v. Texas is whether a single justice will vote to hold the whole of the ACA unconstitutional. I doubt it.

 

Indeed, I am skeptical that a majority of the Court will even agree with Judge O’Connor and the Fifth Circuit that the mere zeroing out of a tax is the functional equivalent of repealing it, such that the mandate, technically, is no longer a tax. Regardless, though, the Court is not going to hold that the mandate is inseverable from the rest of Obamacare. You can take that to the bank.

 

We can be confident that there are at least five, and probably six, solid votes for severability. Chief Justice Roberts and Justice Kavanaugh emphatically endorsed the presumption in favor of severability just last term (here and here). Justice Alito agreed with them, as did the three liberal justices remaining on the Court after Justice Ginsburg’s death — Justices Breyer, Sotomayor, and Kagan — who will surely vote to preserve as much of the ACA as possible. Furthermore, I suspect Justices Thomas and Gorsuch will side with this majority — and if they don’t, their position is apt to be even more deferential to Congress. They have each suggested that the Court get out of the business of analyzing severability and simply refuse to uphold any portions of a statute found to be invalid, leaving the rest up to lawmakers. In addition, they would be very stingy about who has standing to challenge statutes based on alleged harms.

 

Contrary to the claim that there is a Trump litmus test that requires killing Obamacare, there is actually no reason to assume that the Trump appointees already on the Supreme Court (Gorsuch and Kavanaugh) are going to vote to invalidate the ACA. The best bet on what a Justice Barrett would do is that she would either (a) agree to follow the presumption in favor of severability that the Court has recently reaffirmed; or (b) question whether the plaintiffs challenging the ACA have standing and whether the Court should do any severability analysis relating to parts of the ACA that are not properly before the Court.

 

Of course, I could be wrong. Judge Barrett is very smart, and she could have an analysis that none of us Court-watchers have thought of. Still, there is no basis to believe that she is on a mission to eradicate the ACA. This is an unfounded political talking point.

 

Politically speaking, President Trump shot himself in the foot by ordering the Justice Department to support the red-state lawsuit. It has little or no chance of prevailing, and it makes him vulnerable to the false charge that he favors eliminating coverage for pre-existing conditions at a time when COVID-19 and high unemployment have intensified voter concerns about access to health insurance. Naturally, since one of the Democrats’ main campaign themes is that Trump is bent on eliminating Obamacare, they are telling people that getting Judge Barrett on the Court is part of that plan.

 

To the contrary, Barrett does not believe it is the federal judiciary’s role to make health-care policy. There is scant reason to presume that she would invalidate the ACA, and every reason to suspect she’d point out that doing so is up to Congress, which could have repealed it but opted not to.

 

3. Overruling Roe v. Wade

 

No Supreme Court appointment by a Republican president would be complete without the Left’s obligatory hysteria about the purportedly imminent demise of Roe v. Wade, that indefensible exercise in judicial lawlessness whose atrocious consequences include the deaths of millions of unborn children. Once again, it’s a political narrative with little foothold in the real world.

 

As I pointed out when then-judge Kavanaugh was nominated, the Roe argument is ill-founded. For over a quarter-century, we have been under the sway not of Roe but of Planned Parenthood v. Casey (1992). Casey gutted Roe’s reasoning, but left the judicially manufactured right to abortion intact. It also dramatically altered the arc of abortion litigation by acknowledging the interest of states in protecting public health and unborn life. Consequently, the legal fights over abortion now tend to center on regulation — i.e., does a regulation of abortion that a state enacts further the state’s legitimate interests, and does it so interfere with the availability of abortion that the woman’s right of access to the procedure is rendered illusory? The core “right” posited by Roe is not threatened by such challenges.

 

If a state were to try to ban abortion, that would immediately prompt a federal lawsuit challenging the law. The federal district court, being bound to apply Roe regardless of the judge’s own moral or legal views on the subject, would instantly invalidate the state provision (contrary to liberal caricature, conservative judges do not refuse to apply binding precedent, regardless of their personal feelings about it). If there were an appeal, the relevant federal appellate court would uphold Roe, and the Supreme Court would almost certainly decline to review the case. This is not a sure thing, but I suspect it is close to sure, much as I personally wish it were not.

 

On the other hand, in the more likely event that a state enacted a regulation that made abortion access more difficult, there would quickly be a federal lawsuit challenging the provision under Casey, not Roe. The Supreme Court decided such a case this past term, prioritizing access to abortion over state public-health regulation. Even if one assumed that a Justice Barrett would look sympathetically on state regulation of abortion, as Justice Scalia did, that would not eradicate the Roe abortion right.

 

Finally, let’s explore what the Left never mentions. Let’s assume, for argument’s sake and against all indicia to the contrary, the unlikely event that the Supreme Court went out of its way to overturn Roe, after nearly half a century and despite its recent emphasis on the supposed centrality of stare decisis (the doctrine of adhering to precedent). Doing so would not criminalize, much less end, abortion in the United States.

 

As Justice Scalia repeatedly explained, “The States may, if they wish, permit abortion on demand, but the Constitution does not require them to do so.” If Roe were overturned, the matter would be returned to the states, where it should have been in the first place — and would have been had the justices not presumptuously intervened in 1973, to the great detriment of the Court’s reputation as a non-political judicial institution and of the judicial-confirmation process.

 

If Roe were overruled, some very left-leaning states, such as New York and California, would enact a regime of abortion-on-demand. Some very conservative states, such as Alabama and Mississippi, would enact significant limitations on abortion or perhaps even ban it outright. But access to abortion, while more limited in some places, would not cease to exist. Would the increased burden seem intolerable to pro-abortion activists? Of course it would. Just as for those of us on the other side, who believe that abortion is the taking of innocent human life, the continued availability of abortion would seem intolerable. That is how democracy in a federalist republic is supposed to work.

 

*    *    *

 

There is no Trump litmus test for Supreme Court appointees. The Court is not poised to invalidate the Affordable Care Act, with or without Judge Barrett. Roe survived 30 years of searing dissents by Justice Scalia; it will likely survive a Justice Amy Coney Barrett. And regrettably, abortion will survive no matter what happens.

Monday, September 28, 2020

Revolution by Shenanigan

By Kevin D. Williamson

Monday, September 28, 2020

 

Texans are very fond of reminding our fellow Americans that, because of its former status as an independent republic, Texas is the only state in the union permitted by treaty to leave the Union or renegotiate its status. This is a point of pride with Texans.

 

It isn’t true.

 

In fact, nothing you will ever hear about the provisions of the treaty that brought Texas into the United States is true, because there is no treaty. There was a treaty, but the Senate rejected it.

 

The treaty wasn’t only rejected but was soundly rejected: 35 against a mere 16 in favor. (We will try not to take that personally.) This was one of those vagaries-of-history things. The Texas-annexation treaty had been negotiated on the U.S. side by Secretary of the Navy Thomas Gilmer and Secretary of State Abel Upshur, who went and got themselves killed when demonstrating the latest and greatest in U.S. naval warfighting technology aboard the USS Princeton, which exploded. President John Tyler was present, too, but was uninjured.

 

Upshur’s replacement, John C. Calhoun, wanted Texas in the Union as a bulwark for slavery; he was exactly the wrong man for the job and proved unable to rally the necessary political support. After the bill failed, it was reintroduced as a joint resolution, in order to circumvent the two-thirds requirement for a treaty. A compromise proposal splitting Texas into two states (one slave, one free) came and went. Texas ultimately was admitted on a simple majority vote. It probably wasn’t constitutional, but Hawaii was later admitted to the Union under similar circumstances, with supporters citing the case of Texas.

 

Today’s shenanigan is tomorrow’s precedent.

 

The American constitutional order is a blend of democratic and undemocratic institutions, a result of the compromises that were necessary to create one nation out of 13 very different colonies, with different economic and political interests, different cultures, different religious habits — the genuine diversity of 18th-century American life. We have a federal system in which the states and U.S. government exercise a kind of dual sovereignty, with the states remaining powers in their own right rather than mere administrative subdivisions of the national state. The status of the states is reflected in the Senate, where each state enjoys equal representation regardless of population, and in institutions such as the Electoral College. Other antidemocratic measures in our constitutional order include judicial review and, most important, the Bill of Rights, which are constraints on the powers of temporary democratic majorities.

 

The Democrats currently are at war with the American Constitution. They believe that it is unjust that on two recent occasions their party has lost presidential elections, which happen in the Electoral College, in spite of winning a greater number of total votes across all the states. They dislike that the Senate gives power to less populated, rural, and largely Western states that are more conservative than are the big, densely populated urban areas in which Democrats thrive. And they are irritated that the First Amendment prevents them from imposing a federal censorship regime on political speech.

 

The Democrats’ approach to the Senate has been politically incompetent. When they were in power, they resented the effective maneuvering of the minority party, and so eliminated the filibuster in the matter of most federal judicial appointments, an innovation that they are regretting in the worst way right about now. Republicans extended the filibuster-free process to nominations for the highest court.

 

Now, some Democrats propose to simply create new Senate seats for their party by declaring the District of Columbia and Puerto Rico to be states, which would be illegal in the former case and unwise in the latter. But in the matter of Puerto Rico, they have the Texas-annexation shenanigans of the 19th century as precedent.

 

On the Electoral College, Democrats propose either to abolish it through constitutional means, a gambit unlikely to succeed, or to abolish it by shenanigan, through an initiative such as the (possibly illegal) National Popular Vote scheme, which would rob the voters of the several states of the right to choose their own electors and instead award them to whichever candidate won the most votes in all of the states combined — effectively abolishing the states in the matter of presidential elections.

 

When he wasn’t monkeying around with the filibuster, Democratic Senate leader Harry Reid, now retired, had his eye on the Bill of Rights. When the Supreme Court said for the umpteenth time that Congress cannot impose censorship on political critics, even if it calls that censorship “campaign finance reform,” Reid led an effort — supported by every single Democrat in the Senate — to repeal the First Amendment. Of course, he didn’t say that’s what he was doing, but a First Amendment that doesn’t protect political speech from government control is not a First Amendment.

 

Between reshaping the Senate, abolishing the Electoral College, and gutting the Bill of Rights, Democrats propose to work a revolution in American government, to do away with the Constitution we have and impose a new one that none of us has agreed to live under and that many of us — and I include myself here — would not consent to live under. And in the main they would not accomplish this through the ordinary democratic and constitutional means — through constitutional amendments or a constitutional convention, subject to ratification by the states — but through shenanigans. And they think that they can broaden their theater of shenaniganic action with another shenanigan, i.e. maneuvering to keep Donald Trump and Mitch McConnell from exercising their ordinary constitutional powers and filling the current opening on the Supreme Court.

 

Donald Trump is unfit for the office he holds, but if the Democrats were trying to create a good case for keeping him in place simply as a monkey-wrench — and if they wanted to make an even more persuasive case for keeping a Republican majority in the Senate — then they could hardly do better than what they are doing right now. Between the riots and the arson and the threat of revolution-by-shenanigan, they have managed the nearly impossible feat of making today’s Republican Party appear — relatively — sane.

The Left Cares More about Getting What It Wants Than It Cares about ‘Norms’

By Isaac Schorr

Monday, September 28, 2020

 

As Democrats publicly flirt with all manner of ideas about how to exercise power they have yet to attain — ranging from the believable to the nakedly partisan and self-destructive — it’s worth remembering that the American Left has never been shy about wanting to change all sorts of rules when our system of government does not serve their political interests.

 

There are of course the famous historical examples. Democratic dreams of filling the Supreme Court with justices sympathetic to their agenda did not begin after Donald Trump’s appointments of Neil Gorsuch and Brett Kavanaugh to the bench. FDR wanted to pack the Supreme Court after it struck down parts of his New Deal. Thankfully, leaders in both parties, including Roosevelt’s own vice president, John Nance Garner, opposed and successfully thwarted the power grab. But there are many more elaborate and recent instances of “creative” Democratic thinking that merit mentioning.

 

Court-packing is only one component of the Left’s assault on Article III of the Constitution. In the House of Representatives, Representatives Ro Khanna and Joe Kennedy III have put forward a bill that would limit Supreme Court justices to 18-year terms. No one found lifetime appointments problematic when Bill Clinton and Barack Obama appointed two justices each, but now that three seats have opened up during Donald Trump’s first term, they are of great concern. Per Khanna, “we can’t face a national crisis every time a vacancy occurs on the Supreme Court.” Of course, we only ever seem to face a “crisis” when a Republican president fills a vacancy.

 

Article I also needs revision to suit the Democrats’ needs. One idea that has traction among the liberal intelligentsia is abolishing the Senate — that is, half of the supreme branch of our government. At Vox, Jonathan M. Ladd writes that “the Senate gives a big advantage to voters in small states, because every state gets an equal number of Senators.” Well yes, that is kind of the point. Many compromises were reached in 1787 at the constitutional convention, but the only one that earned the moniker of “the Great Compromise” was Roger Sherman’s proposal that the House of Representatives would have proportional representation while the Senate would protect the interests of smaller states with equal representation. This was the compact under which the original states formed the Union and it is the compact under which 37 more states have joined. It’s also an arrangement that merited no reconsideration in 2009, when Democrats had a supermajority in the Senate with which they could enact their agenda without meaningful protest. Only since Republicans defended the upper chamber for the third straight cycle in 2018 have progressive thinkers begun to call the Senate an undemocratic institution. What they really mean is that it’s un-Democratic.

 

If the Senate must persist, though, former president Barack Obama insists that the legislative filibuster be done away with. In fact, in a July eulogy for John Lewis, Obama — anticipating a Biden presidency and narrow Democratic majority in the Senate after November — called the filibuster a “Jim Crow relic.” In another life, Senator Obama of Illinois had no problem with using that relic to delay Samuel Alito’s confirmation to the Supreme Court. But with the polls favoring his party, the time has come to rid the country of this bigoted albatross.

 

But the theories and strategies get even zanier than this. Take the reaction of Dahlia Lithwick, a contributing editor at Newsweek and senior editor at Slate, to Senate Republicans’ decision not to give Merrick Garland a hearing after President Obama nominated him to the Supreme Court. She attributed their decision not to consent to Garland’s elevation from the D.C. Circuit to an “Insanity Gap” between the parties that causes Republicans “to throw away any sense of pride, integrity, or even long-term strategic thinking in favor of acting like toddlers having a tantrum next to a Snickers bar in the checkout line.” Lithwick, only half-kidding, suggested that the Senate’s decision not to consider Garland could have been interpreted as implicit approval of his nomination, and that he should have just walked into the Supreme Court and seated himself. I say half-kidding because while her piece’s subheading is “a modest proposal for how Merrick Garland can outfox Republican obstructionists,” she also says that “if you’re the law review type, here is a very plausible argument that this is actually the case.” It’s the constitutional version of “haha . . . just kidding . . . unless . . .”

 

The lunacy extends into the financial sphere as well. In 2011, when Republicans forced President Obama to agree to spending cuts before they raised the debt ceiling, the idea of minting a trillion-dollar coin and using that to finance the federal government’s debt was floated in a financial blog’s comments section. By 2013, it had become a mainstream idea promoted in the pages of Bloomberg, Business Insider, The Atlantic, and even by Representative Jerrold Nadler. Rather than accepting the consequences of divided government and negotiating, some Democrats preferred to fantasize over an idea that would expose the United States as politically dysfunctional and a financial paper tiger.

 

Every political party has its problems and cranks. For its part, the GOP is notable for being plagued with grifters and a small but damaging alt-right contingent. On the other hand, the Democrats are unique in their willingness to cavalierly toss aside rules, institutions, and even entire sections of the Constitution if those things stand in the way of their immediate goals. But it’s not just the party’s resident loons who embrace this mentality. It’s almost the entire staff at Vox, it’s Joe Kennedy III and Jerry Nadler, it’s even FDR and Barack Obama — the party’s two most popular presidents of the last century. For a party running on a return to normalcy, it’s a troubling track record. An insanity gap may exist, but it’s not the one Dahlia Lithwick believes in.

Why Left-Wing Feminists Hate Amy Coney Barrett

By Alexandra DeSanctis

Monday, September 28, 2020

 

Amy Coney Barrett, a judge on the Seventh Circuit Court of Appeals, has accepted Donald Trump’s nomination to the Supreme Court. If confirmed, this highly accomplished jurist, professor, and former clerk to Justice Antonin Scalia will be the only mother on the Court and the first mother of school-aged children to serve as a Supreme Court justice.

 

Barrett is an exemplar of authentic feminism. She has managed, by all accounts, to be a loving wife and mother while also putting her immense talents to good use in the legal profession, reaching the pinnacle of her career before the age of 50. But Barrett’s nomination has been met only with vitriol by the same left-wing feminists who claim to value women’s empowerment, and it’s worth understanding why.

 

A century ago, first-wave feminists waged a political battle so that American women would have the right to vote. Several decades later, second-wave feminists turned their focus from political equality to the realm of sex: sexual harassment, workplace discrimination, and the inequality they believe biology imposes on women.

 

Today’s feminists are an outgrowth of that second wave, and, like those earlier women, their political agenda rests on the often-unstated premise that consequence-free sex is a fundamental right. Sex without consequences is, of course, more difficult to achieve for women than for men — an inequality that feminists detest, and an inequality that societies throughout history have attempted to ameliorate through the institution of marriage.

 

But these new feminists had begun to view marriage as, at best, a barrier to fulfillment, and, at worst, a form of oppression. Instead, they argued, women should be freed from the tyranny of biology, a belief that manifested in a crusade for unlimited contraception and abortion. Today’s feminists still prioritize abortion politics, but they’ve upped the ante, arguing that equality requires government to subsidize both abortion and contraception.

 

This myopic focus on sexuality is undergirded by a new feminist philosophy: In order to be fulfilled and to stand on equal footing with men, women must be able to “have it all.”

 

Empowered by technology and medicine that grant them the illusion of control over their childbearing, women can dabble in sex and family life only insofar as they fit into the grander plan of climbing the ladder, reaching the corner office, and perhaps pausing once or twice along the way to get married or have a child.

 

This conception of gender equality has been popularized by high-powered career women such as Facebook CEO Sheryl Sandberg and public-policy leader Anne-Marie Slaughter. Their vision, sometimes called “lean-in feminism,” consists of benchmarks such as filling the boardrooms of every major company with an equal number of men and women.

 

In a 2011 commencement speech at Barnard College, Sandberg popularized her now-famous notion of “leaning in,” by which she meant prioritizing career success and workplace ambition as an antidote to the supposed fact that men run the world. “A world where men ran half our homes and women ran half our institutions would be just a much better world,” Sandberg told the graduates.

 

Slaughter echoed this idea in her viral 2012 article “Why Women Still Can’t Have It All,” arguing that “only when women wield power in sufficient numbers will we create a society that genuinely works for all women.”

 

These ideas have resonated with our culture and have gained a following among public figures. At the Golden Globes in January, actress Michelle Williams delivered an acceptance speech that might be described as an ode to lean-in feminism. “I’m grateful for the acknowledgement of the choices I’ve made,” Williams said, “and I’m also grateful to have lived in a moment in our society where choice exists, because as women and as girls, things can happen to our bodies that are not our choice.”

 

She was referring to pregnancy, insinuating, as feminists so often do, that women mysteriously find themselves pregnant without having chosen to participate in the act that has the natural end of creating new human life. Williams next asserted that her career achievements would have been impossible “without employing a woman’s right to choose,” a favored euphemism for abortion.

 

Progressives hailed Williams as an example of female empowerment. But what exactly is so empowering about the idea that women have to sacrifice their unborn children on the altar of career achievement? This version of feminism is telling women, in essence, that they must suppress their biology and mimic men in order to succeed.

 

A society that prizes authentic gender equality would tell women the exact opposite: that success takes many forms, that excelling in a workplace career isn’t the only path to happiness, that women are valuable as they are, and that they don’t need to get ahead by using violence against the vulnerable.

 

Amy Coney Barrett has embraced these truths and puts the lie to feminism’s false, harmful notion of freedom. Women and mothers around the country are embracing Barrett as a heroine not because hers is the only proper way to balance work and family, but because her life illustrates that motherhood need not conflict with fulfillment, and that making sacrifices need not involve sidelining womanhood.

Sunday, September 27, 2020

BLM Becomes the PLO

By Kevin D. Williamson

Sunday, September 27, 2020

 

I am inclined to think that the Palestinians have some legitimate beefs, historically speaking. I just don’t care very much. You blow up children in pizza shops, and your priorities go right to the bottom of my global humanitarian to-do list.

 

Palestinians want a state? I wouldn’t lend Mahmoud Abbas a cup of sugar.

 

It isn’t quite the PLO — not yet — but the slow-rolling crime-wave-cum-terrorist-front that is burning, looting, and murdering a ragged path through American cities is brutalizing its way into irrelevance. In June, a solid majority (54 percent) of Americans told pollsters they approved of the protests, but as the body count of the “mostly peaceful protests” climbed throughout the summer, that support has declined to barely over a third, according to the Associated Press.

 

Americans of all political stripes were shocked and repulsed by the treatment of George Floyd, and nearly 70 percent of them said in June that they believe the George Floyd episode indicates a bigger and deeper problem with American law enforcement.

 

As recently as June, a majority of Republicans supported the George Floyd protests.

 

Not now.

 

This represents a truly impressive display of political incompetence on the part of Black Lives Matter and its allies. If you came to the American public with an argument that cities such as Louisville and Philadelphia are poorly governed, that this poor governance imposes especially terrible costs on African Americans, that the municipal incompetence naturally extends to police work, and that sweeping reform is called for, you would get a great deal of buy-in from both sides of the aisle. Republicans don’t need a whole lot of convincing that Chicago is a flying circus of whirling buffoonery.

 

In truth, the Left isn’t especially interested in police reform. If they cared about police reform, progressives would be offering actual halfway serious proposals for police reform, which have been notably few and far between over these past months, drowned out by unserious and irresponsible rhetoric about abolishing city police departments. The police are a special problem for the Left in that they represent an incompatibility between the Left’s post-1960s Bill Ayers–style radicalism and the realpolitik that recognizes police as unionized municipal employees and hence natural constituents of the Democratic Party.

 

The scandal of urban America is a stumbling-block for Democrats, for the obvious reason that this is pretty much exclusively their show and has been for generations. Louisville, currently convulsed by the death of Breonna Taylor at the hands of police, hasn’t elected a Republican mayor since Lyndon Johnson was in the White House. Portions of American cities were ceded to armed militias over the summer, not by Republican authorities accommodating right-wing radicals descending from the hills of Idaho but by the powers that be in impeccably progressive Seattle inviting a left-wing occupation force to set up shop in a corner of that declining city, where they promptly set about shooting a few children.

 

Because Democrats run the most troubled cities, they are desperate to either change the subject from the performance of the municipal agencies in Minneapolis, Louisville, San Francisco, etc., to something more general and more politically malleable, hence the vapid, empty talk about “white privilege” and “systemic racism.” It’s bullsh**, and everybody knows it’s bullsh**. Even the president of Princeton more or less admitted his bullsh** was bullsh** when the Trump administration had the uncharacteristic wit to actually call him on said bullsh** and threaten a civil-rights investigation into the school after he denounced its “systemic racism.” A vague problem vaguely related to the vaguely racist actions of vaguely identified vaguely Republican people elsewhere is a much more comfortable discussion for the powers that be in Minneapolis than the question of how Minneapolis is run, who runs it, how they run it, who benefits from that, and who pays the worst social costs. One suspects that Democrats in such cities actually prefer the riots and arson to having that uncomfortable discussion. Remember when the Minneapolis city council vowed to defund the police department? More bullsh**, as the New York Times reports. Of course they never meant a word of it — they just feel obliged to make certain noises with their faces and perform histrionic pantomime of moral seriousness.

 

We see this kind of thing all the time. San Francisco doesn’t need to abolish capitalism or eliminate “inequality” to alleviate its affordable-housing problem, but it does need to reform its zoning and land-use laws — something that Nancy Pelosi’s rich San Francisco friends have been fighting tooth and talon for decades. And so San Francisco pretends that San Francisco’s problems are not of San Francisco’s making, that the problem is “white privilege” or some other comfortable abstraction.

 

BLM could be using the Democratic Party to pursue a reform agenda; instead, the Democratic Party is using BLM to prevent the pursuit of a reform agenda. It’s always the same question: Who, whom?

 

Because we have 50 states and a great deal of genuine diversity within and between our communities, a federal system of government with checks and balances, and three rivalrous branches of government, it takes a considerable degree of political consensus to get anything very important done in the United States. That is a benefit, not a defect — it protects our liberties and the rights of minorities from the factional passions of temporary majorities. The tragedy of the months following the death of George Floyd is that a real consensus for police reform, and urban reform more broadly, could have been built. Instead, we got riots and arson, and roving bands of quasi-Maoist bullies conducting impromptu struggle sessions at Washington sidewalk bistros and alfresco restaurant seating in Dallas, along with a lot of outmoded Marxist rubbish about the secret white-supremist roots of rhyming poetry, off-Broadway theater, and traffic laws.

 

You want to improve police practices and governance in American cities? I’m your huckleberry, and a great many conservatives are ready to work toward that goal. You want to smash a few plates of kale-and-quinoa salad, smash windows, and smash capitalism? Then we don’t really have anything to talk about, because you are ridiculous and irresponsible children. The United States is not going to be governed by boutique radicalism and mob violence. We don’t negotiate with terrorists, and we don’t negotiate with bullies — or cooperate with them.

 

BLM is pursuing a losing strategy, which is why it is losing support and setting itself up to lose entirely.