Tuesday, June 28, 2022

No, the Conservative Justices Didn’t Lie

Rich Lowry

Tuesday, June 28, 2022

 

The Left simply lost the intellectual and political fight over the direction of the Supreme Court but can’t bear to admit it.

 

Progressives tell themselves instead that they’ve been undone by a series of dirty deeds, including the alleged deceit of conservative justices who lied to the U.S. Senate about their commitment to preserving Roe v. Wade.

 

Alexandria Ocasio-Cortez believes that impeachment proceedings should be in play.

 

What the perjury case against the justices in the Dobbs majority lacks is any evidence of assurances made under oath or otherwise that they would vote to uphold a ruling of the Court that had, justly, been under withering assault since it was handed down 50 years ago.

 

This shouldn’t have been hard to figure out. Any judge who considers himself or herself an originalist was going to believe that Roe was bad law because there wasn’t remotely colorable warrant for it under the Constitution. There might have been varying views on what deference was owed to precedent, or other tactical questions; there wasn’t any meaningful disagreement on the core matter.

 

The dance that went on is that Democrats would try to get conservative nominees to say that Roe had been a precedent for a long time. The nominees would agree, while not going any further. They’d often cite — correctly — the refusal to comment on contested questions going back to Ruth Bader Ginsburg’s confirmation hearings.

 

Typical was an exchange between Senator Amy Klobuchar of Minnesota and Amy Coney Barrett during the latter’s hearings. Klobuchar pressed Barrett on whether Roe was a “super precedent,” or a ruling that no one thinks is in play anymore. Barrett demurred, “I’m answering a lot of questions about Roe, which I think indicates that Roe doesn’t fall in that category.”

 

This wasn’t deception — it was clearly saying, if obliquely, that Roe was vulnerable to challenge. I’d prefer if nominees were less lawyerly, but they are experts in subtle distinctions, and the long-standing politicization of the confirmation process puts a premium on indirection.

 

Justice Brett Kavanaugh has been a particular target for post-Dobbs attack. Pro-choice Republican senator Susan Collins told the New York Times that she feels he misled her in a private meeting.

 

The Times story doesn’t say that Collins asked Kavanaugh directly if he’d overturn Roe — presumably for good reason. The senator would have known such a question would have been highly improper. In fact, she praised Neil Gorsuch during his 2017 confirmation for saying he would have left the room if someone asked him for a commitment to overturn Roe.

 

It is doubtful that Kavanaugh told Collins anything in private that he didn’t say in his sworn public testimony as well. If he was playing some sort of double game, Collins should have felt an obligation to call Kavanaugh out on it. She didn’t. In fact, she gladly voted for him.

 

It is true that in his hearings Kavanaugh leaned heavily on the notion that Roe was precedent and that it had been reaffirmed in Casey, what he called “a precedent on precedent.” Yet, other supporters of Roe weren’t inclined to overinterpret this. As Senator Sheldon Whitehouse of Rhode Island told Kavanaugh at the outset of the hearings, “Your own words make clear you do not really believe Roe v. Wade is settled law since the Court, as you said, ‘can always overrule its precedent.’”

 

In her dramatic floor statement supporting Kavanaugh’s nomination, Collins made it clear that she also understood that his commitment to precedent was not absolute. It would give way, she explained, “in those rare circumstances where a decision is ‘grievously wrong’ or ‘deeply inconsistent with the law.’”

 

The Court held in Dobbs that Roe was, indeed, egregiously wrong. Collins might be disappointed, but she shouldn’t feel ill-used.

 

Roe never deserved to be written into law in the first place. The conservative justices never said they would preserve it, and they’ve done their duty to the Constitution by finally abandoning it.

The Phantom Hunt for the Supreme Court Leaker

By Jim Geraghty

Tuesday, June 28, 2022

 

Almost two months ago, Chief Justice John Roberts declared the leak of Justice Samuel Alito’s draft opinion in Dobbs v. Jackson Women’s Health Organization “a singular and egregious breach” of trust and an “affront to the Court and the community of public servants who work here,” announcing that he had “directed the Marshal of the Court to launch an investigation into the source of the leak.”

 

You notice that the leaker has not yet been identified. The Supreme Court has only a few hundred employees, and the list of clerks and employees who had access to the draft cannot be that long. It has been about a month since Supreme Court officials asked clerks to sign affidavits and turn over their cellphone data. Members of the public started to dig into past social connections between the Politico reporter who broke the leaked draft and particular clerks. From early on, some suspicious minds speculated that one of the justices abdicated his or her duties to colleagues and the institution and committed this breach. The longer the investigation goes on without any conclusion, the more people will suspect that identifying the leaker would compound the damage already done to the Court’s reputation.

 

Progressives Fume at the Biden Administration’s Dobbs Response

 

One of the oddities of the past two months is that the public received that leaked draft copy and knew the odds were good that the majority would vote to overturn Roe, and yet when the decision did come down, it still felt like a bombshell.

 

Intriguingly, some congressional Democrats see a president and White House that didn’t seem prepared for this scenario either:

 

“He made a strong statement the day of. I would have liked to see some more specific actions rolled out,” said Rep. Pramila Jayapal (D-Wash.), who leads the Congressional Progressive Caucus. “We all knew this was coming.”

 

Jayapal spent part of Monday in meetings with Biden officials and encouraged them on the sidelines to do more, urging a look at further agency-level moves to protect abortion access — the sort of action that White House aides say is coming soon, albeit without specifics so far.

 

If the Biden administration is listening to the likes of Senator Elizabeth Warren and Representative Alexandria Ocasio-Cortez, it might decide the first and easiest thing it could do would be to “open abortion clinics on federal lands in red states right now.” AOC characterizes this as “the babiest of the babiest of the baby steps.”

 

But every type of federal land presents its own financial and logistical challenges to this scheme.

 

For starters, the Hyde amendment bars the use of federal funding to pay for abortions; the only exceptions are cases involving rape or incest, or when the mother’s life is in danger. Any attempt to build abortion clinics on federal land would be in violation of that provision and spur an instant court challenge contending that the Biden administration is breaking federal law.

 

Second, Congress has not authorized or appropriated any funding to set up new abortion clinics on federal land; diverting funding from some other source without congressional approval would spur another round of lawsuits — to say nothing of, for instance, the U.S. Forest Service complaining that their firefighting budget is being diverted to build abortion clinics.

 

Third, Pentagon officials will not want lines of civilians traipsing into military bases (which occupy federal land) to get abortions. It is hard to see Americans embracing the idea of setting up abortion clinics within national parks or on Bureau of Land Management properties; even if they did, as Greenwire observes, these stretches of wilderness are not near population centers and aren’t designed to handle the kind of traffic that clinics might generate.

 

One of the odder bits of speculation is whether Native American reservations in red states could set up abortion clinics, beyond the legal authority of the state governments. It does not appear that anyone advocating this idea bothered to check with Native American tribes to see if they want their reservations turned into sites where non-Natives go to get abortions. As it happens, so far, Native tribes are not enthusiastic about the idea.

 

The Good GOP Polling in, Er, Rhode Island?

 

What kind of a midterm wave are we looking at?

 

The Suffolk University/Boston Globe survey of Rhode Island’s second congressional district has Allan Fung, the candidate currently favored to win the Republican primary, ahead of Seth Magaziner, the candidate currently favored to win the Democratic primary, 45 percent to 39 percent. Fung is ahead of all the other Democratic opponents as well. President Biden’s approval rating in the state stands at 38 percent, his disapproval rating at 52 percent. Almost 69 percent of respondents say Biden should not run for another term.

 

Rhode Island’s second district is currently represented by Democrat Jim Langevin, who is not running for reelection. Langevin won 58 percent of the vote in his most recent bid for reelection in 2020.

 

The last time a Republican represented Rhode Island in the U.S. House of Representatives was in 1992, when Ronald Machtley was reelected in the first district.

 

A Blow against Noncitizen Voting

 

At the beginning of the year, New York City’s mayor and city council enacted a measure that would have allowed more than 800,000 noncitizens in the city to vote in municipal elections. Under the law, most noncitizen legal permanent residents of the city would have been able to vote in elections for mayor, comptroller, public advocate, borough president, council member, and other city-government positions.

 

This change was enacted right around the time President Biden gave his infamously incendiary address on voting rights, in which he asked, “Will we choose democracy over autocracy, light over shadows, justice over injustice?” And answered: “I know where I stand. I will not yield. I will not flinch. I will defend the right to vote, our democracy against all enemies — foreign and, yes, domestic.”

 

But President Biden never said much about whether he believed noncitizens should be voting in local U.S. elections.

 

On Monday, as National Review’s Diana Glebova reports, the New York Supreme Court struck down that New York City law. Staten Island justice Ralph J. Porzio wrote: “The New York State Constitution expressly states that citizens meeting the age and residency requirements are entitled to register and vote in elections. . . . Though voting is a right so many citizens take for granted, the City of New York cannot ‘obviate’ the restrictions imposed by the Constitution.”

 

Hey, Remember Covid-19?

 

In the U.S., Covid-19 is an afterthought, overtaken by all kinds of other problems, such as inflation, gas prices, and even monkeypox. (See below.) Meanwhile, there’s a report that over in China, once again the Communists are proposing five-year plans:

 

A story first posted in the Beijing Daily, the official publication of the capital’s ruling party, quoted former mayor and current party chief Cai Qi as saying the city will uphold the controversial “zero-COVID” policy “for the next five years.”

 

The quote from Cai, a close ally of Chinese President Xi Jinping, provoked a quick and furious social media backlash. On Weibo, China’s Twitter-like platform, the hashtag “for the next five years” was banned in response to the uproar.

 

So China will be shutting down cities every time somebody sneezes until 2027?

 

You don’t see as many “What the U.S. can learn from China’s response to COVID infections” articles as you used to see. For two years, major U.S. publications liked telling the story of China’s smoothly implemented, efficient, and ruthlessly effective policies to shut down the virus, while the stumbling, bumbling, unruly, and chaotic Americans accumulated the highest death toll and infection rate in the world. The New York Times’ narrative of “how China beat the virus and roared back” on the strength of “power, patriotism, and 1.4 billion people” looks silly now. That was always a misleading, stage-managed narrative promoted by an authoritarian regime, hoping their own subpar vaccines and draconian lockdowns could keep a virus as contagious as the common cold at bay.

 

Anyone with eyes can see that the official Chinese figures on Covid-19 infections and deaths are nonsense. The Chinese government would have you believe that, out of China’s total population of 1.4 billion, it has recorded only about 225,000 total infections since the start of the pandemic — fewer than in Montenegro, with a total population of 621,000! — and only 5,226 deaths — fewer than in Latvia, with a total population of 1.9 million. China would have you believe that between April 2020 and April 2022, the country suffered a grand total of five deaths from Covid-19. The Economist, looking at China’s annual death rates compared to the historical average, estimated that China’s true death toll from Covid-19 could be as high as 2 million.

 

The Chinese government lies a lot. For what it’s worth, our government is no longer investigating the origins of Covid-19, at least publicly. Most of our governmental, scientific, media, and cultural elites have simply accepted a global pandemic that killed at least 6 million people, and likely many more, as just bad luck, requiring no further investigation into the country of origin.

 

ADDENDUM: I mentioned monkeypox above. In the New York Times, Dr. Jay Varma, a professor at Weill Cornell Medical School, writes that “the United States has, yet again, been caught flat-footed when confronted with another virus.” He worries that “many problems with the Covid-19 response by the United States are being repeated: limited access to testing, contact tracing, vaccination and isolation support, and scant data from public health officials about how and where people are being infected.”

 

That’s impossible! In January 2021, I was assured the adults are back in charge!

Monday, June 27, 2022

How Trauma Became a Political Tool

By Christine Rosen

Monday, June 27, 2022

 

A culture that once avoided talk of mental health is now openly celebrating people who speak candidly about their psychic wounds—even or especially when they are the type of people who are known to us all because they perform labors that seem somewhat superhuman. When Olympic gymnast Simone Biles abruptly withdrew from several events at the 2021 Tokyo games, she cited the ongoing suffering she has experienced as a victim of sexual abuse. Nearly all the stories about her decision praised Biles for taking a mental-health break, even though it likely cost the Olympic team gold medals. Likewise, when the number-two ranked women’s tennis player, Naomi Osaka, withdrew from both Wimbledon and the French Open, claiming mental-health challenges, she was lionized for speaking out.

 

The word that is used to describe their pain is “trauma,” classically defined as a lingering and haunted response to a terrible experience such as assault, natural disaster, serious accident, or some other deeply disturbing event.

 

Experts praised both Biles and Osaka for putting “emotional wellness” ahead of everything else, but rather than acknowledge that athletes like them are the exception—since they had chosen to take on the mental and physical challenges that elite competition poses—experts used their experiences to argue that similar kinds of trauma were pervasive and growing. Trauma “has nefarious and wide-spread tentacles,” Margo Lindauer, associate clinical professor at Northeastern University, told one news outlet. “The impacts of trauma are ongoing and unexpected and can rear up in all sorts of different ways.”

 

Today, trauma diagnoses have moved far beyond the realm of individual clinical expertise to take on outsize significance as an explanation for a broad array of social, cultural, and political problems. A popular book about trauma, The Body Keeps the Score: Brain, Mind, and Body in the Healing of Trauma, by the psychiatrist Bessel van der Kolk, has been on the New York Times bestseller list for more than 150 weeks. In it, the author explores the physiological and neurological impact of trauma on patients who had been clinically diagnosed with post-traumatic stress disorder (PTSD), and he claims that therapies such as mindfulness yoga, art, and dance are effective in treating them.

 

Van der Kolk’s work relies on the burgeoning field of “epigenetics.” The central idea is that an individual’s genes can be altered as the result of life experience and that those changes can be passed on to future generations. Do our genes express themselves (without permanently altering the underlying DNA code)? That could provide insight into the possible existence of intergenerational trauma.

 

“The idea of a signal, an epigenetic finding that is in offspring of trauma survivors, can mean a lot of things,” Rachel Yehuda, director of the Traumatic Stress Studies Division at the Mount Sinai School of Medicine and the author of a study of intergenerational trauma among Holocaust survivors, told the BBC. “It’s exciting that it’s there.” But researchers caution that this study was small (studying only 32 survivors) and assessed only one generation of offspring. The findings would have to be repeated across more generations to prove epigenetic certainty. Also, as the BBC noted: “There is a big stumbling block with research into epigenetic inheritance: no one is sure how it happens. Some scientists think that it is actually a very rare event.” (To say nothing of the fact that nearly all the experiments on epigenetics have been performed on mice, not people.)

 

Other scientists have been blunter in their criticism. “These are, in fact, extraordinary claims, and they are being advanced on less than ordinary evidence,” Kevin Mitchell, an associate professor of genetics and neurology at Trinity College, Dublin, told the New York Times. “This is a malady in modern science: the more extraordinary and sensational and apparently revolutionary the claim, the lower the bar for the evidence on which it is based, when the opposite should be true.”

 

Epigenetics exists in the discredited shadow of Lamarckism, the evolutionary theory first developed by 19th-century French naturalist Jean Baptist Lamarck. Lamarck argued for the inheritance of acquired characteristics (e.g., the giraffe’s neck is long because earlier generations had to stretch to reach the leaves of tall trees), and although his theories were discredited by serious geneticists in the early 20th century, they remained popular in the Soviet Union because they fit Communist dogma about remaking society by altering humanity at the root.

 

Despite the questionable provenance of epigenetics, the idea that trauma is not only widespread but deeply rooted—and passed on—in people’s bodies from generation to generation has captured the American imagination at a time when victimhood is already a dominating force in the culture. Even Van der Kolk thinks things might have gone too far. Asked by a writer for the Atlantic whether it was appropriate to compare people’s experience during the pandemic to the patients in his book (who experienced things such as rape, kidnapping, and combat during wartime), he responded, “When people say the pandemic has been a collective trauma…. I say, absolutely not.” Other scholars, such as Nick Haslam at the University of Melbourne, have also warned about the dangers of the “creeping conception of trauma.”

 

That hasn’t stopped the demand for its explanatory powers among the public. As one bookseller told Book Riot about the popularity of trauma books, “I think a lot of people are reevaluating their definitions of trauma right now—people who might have believed themselves to be trauma-free before the pandemic are beginning to pay closer attention to their pain and what it means.”

 

As these books and articles about “inherited family trauma” and, more recently, “racialized trauma” have proliferated, the claims they make for epigenetics, particularly its broader explanatory power as the cause of complicated social phenomena, have gotten way out ahead of the actual scientific research. Resmaa Menakem, the author of My Grandmother’s Hands, claims that “white-body supremacy” has imposed multigenerational trauma on people for centuries. “In America,” he writes, “nearly all of us, regardless of our background or skin color, carry trauma in our bodies around the myth of race.” He goes on to claim that “white-body supremacy has become part of our bodies. How could it not? It’s the equivalent of a toxic chemical we ingest on a daily basis. Eventually, it changes our brains and the chemistry of our bodies.”

 

According to Menakem, trauma is everywhere and is basically anything. Thus understood, it can explain almost any human action, including antisocial behavior. “We can have a trauma response to anything we perceive as a threat, not only to our physical safety, but to what we do, say, think, care about, believe in, or yearn for,” Menakem writes. “This is why people get murdered for disrespecting other folks’ relatives or their favorite sports team…. Whenever someone freaks out suddenly or reacts to a small problem as if it were a catastrophe, it’s often a trauma response.” He even claims, without evidence, that there is a special category of “deeply toxic” trauma “that lives and breathes in the bodies of many of America’s law enforcement officers.”

 

Thanks to the popularity of such ideas, self-diagnoses of trauma have skyrocketed, racial resentments have increased, and the laudable goal of harm reduction (to prevent trauma) has expanded into incoherence. When everything is considered dangerous and worth fearing, is it any wonder people interpret any negative experience as trauma?

 

Consider an essay in the New York Times written by Amanda Gorman, the young woman chosen to read a poem at President Joe Biden’s inauguration (and who received near-universal praise for doing so). Recalling that experience, she describes what in previous eras would have been called stage fright, but in her rendering is traumatic. Extrapolating from her own understandable jitters about performing for a national audience, she makes the sweeping claim that anyone who doesn’t share them is in denial about how much there is to fear in the world today: “If you’re alive, you’re afraid. If you’re not afraid, then you’re not paying attention,” Gorman claims. In an unwittingly apt encapsulation of Americans’ journey from resilience to trauma over the past several generations, she tweaked President Franklin Delano Roosevelt’s famous line, writing, “The only thing we have to fear is having no fear itself.”

 

Of course, if you are a Harvard-educated member of the elite, as Gorman is, you can turn that fear into lucrative sales of your poetry while dispensing therapeutic fortune-cookie wisdom to readers of the Times. “So do not fear your fear. Own it. Free it,” she writes. “This isn’t a liberation that I or anyone can give you—it’s a power you must look for, learn, love, lead and locate for yourself.” As for the masses, who have no access to such elevated platforms, there is TikTok, where “trauma healing” videos have racked up nearly a billion views. Such videos feature self-described (but largely untrained) mental-health coaches who tell their followers that the normal range of emotions one might feel after, say, being dumped by a boyfriend  is in fact a serious “trauma response.” As Newsweek described in a 2021 story about the trend: “One massively viral video shared by TikTok user @mtvmcribs shows him and his friends revealing their ‘favorite traumatic memory.’ In the clip, each person shares a traumatic experience they’ve endured…. After each person shares their story, the rest of the group claps and cheers.”

 

Indeed, we are moving toward a culture that embraces trauma and fear as the new normal. A book by Dr. Gabor Maté called The Myth of Normal: Trauma, Illness, and Healing in a Toxic Culture, which will be published in September, argues just this. Maté “has come to recognize the prevailing understanding of ‘normal’ as false, neglecting the roles that trauma and stress, and the pressures of modern-day living, exert on our bodies and our minds at the expense of good health.”

 

Which raises the question: If “modern-day living” is traumatic, what isn’t?

 

***

 

Trauma talk hasn’t merely led to a lot of bad TikTok advice; it has created new and worrisome incentives that are beginning to shape both culture and policymaking.

 

Consider the story of Mackenzie Fierceton. As Tom Bartlett reported in the Chronicle of Higher Education, Fierceton was a University of Pennsylvania graduate who won a Rhodes Scholarship after claiming to have been a traumatized and abused former foster kid from a low-income family. In fact, she was the daughter of a doctor, had attended private school (yearbook photos featured her skydiving, horseback riding, and whitewater rafting), and had lied both on her undergraduate application essay and to the Rhodes committee. Despite having been found out, Fierceton remains unrepentant (and is suing the University of Pennsylvania): “I have a right to write about my experiences as I experienced them,” she said.

 

Is it any surprise that her lie was a trauma narrative? As Bartlett noted, “writing about personal trauma in your college application is common enough that there are guides on how to do it.” Elite institutions such as the University of Pennsylvania are “sensitive to the charge that they cater to the wealthy and well-connected” and “eager to show that they’re transforming society rather than laundering its inequalities.” These universities are therefore “always on the lookout for remarkable kids from less-fortunate circumstances.” Fierceton might have lied, but she was not being irrational, given the incentive structures in place in college admissions these days.

 

The appeal to trauma is especially popular among younger generations of Americans. When an inconsiderate 25-year-old man from Brooklyn ghosted some women he had met on a dating app, those women didn’t chalk it up to a bad dating experience and move on; they took to TikTok to claim that the man in question, whom they called “West Elm Caleb,” was a “predator.” They enjoyed wallowing in their “shared trauma” of being his “victims.”

 

Young people aren’t the only recent converts to trauma talk. It’s also become increasingly common to hear professionals in many fields claim to have been traumatized after experiencing the normal slings and arrows that come with the job. Washington Post reporter Taylor Lorenz, the Norma Desmond of Millennial journalism, was more than ready for her close-up when she sobbed to an MSNBC reporter on camera about the “severe PTSD” she claims to have endured for being justifiably criticized on Twitter for her shoddy reporting. By contrast, actress Sandra Oh was traumatized not by failure, but by success; she told a reporter that “to be perfectly honest, it was traumatic” to experience the level of fame she had achieved.

 

In popular-culture offerings from television to books to movies, it feels as if no plot can be advanced without reference to trauma. Characters suffer now-formulaic flashbacks of childhood deprivations or assault not to deepen our understanding of them, but to flatter our need to see our traumatized selves in them. Writing in the New Yorker last year, Parul Sehgal made a spirited case for an end to the “trauma plot” in fiction and on screen. “Trauma trumps all other identities, evacuates personality, remakes it in its own image,” Sehgal wrote. “The trauma plot flattens, distorts, reduces character to symptom, and, in turn, instructs and insists upon its moral authority.”

 

Will Self found a similar trend in literary criticism. Writing in Harper’s, he noted how the focus on trauma does not encourage new insights, but rather a simplistic presentism and narcissism, with a dash of religious fervor. “Part of what gives modern trauma theory its appeal is precisely its covert importation of Judeo-Christian redemptive eschatology: a grand narrative of human moral progress in which suffering is an essential motivation for all the principal actors,” Self wrote. “For literary theorists, psychic trauma is an exclusive sort of stigmata, a wound at once invisible and sacred, the bearers of which become sanctified and thereby able to convey the singular Truth that shines through the miasma of contemporary moral relativism: that of their own suffering.”

 

***

 

More worrisome than the promiscuous use of the word “trauma” to describe everyday experiences is its growing use as a political weapon among progressive policymakers. As Haslam told the Atlantic, the concept creep we see with trauma is especially appealing to people on the left. It “broadens moral concern in a way that aligns with a liberal social agenda by defining new kinds of experience as harming and new classes of people as harmed.”

 

Once identified as victims, these people are then seen as “needful of care and protection” by those in power. This is not a sign of increased empathy or moral progress. Rather, as Haslam notes, “by increasing the range of people who are defined as moral patients—people worthy of moral concern, based on their perceived capacity to suffer and be harmed—it risks reducing the range of people who see themselves as capable of moral agency.” Trauma becomes exculpatory for its supposed victims, and evidence of the moral superiority of their saviors.

 

This sensibility can be found among decarceration activists and progressive critics of the criminal-justice system, who regularly make unsubstantiated claims about, say, the “transgenerational trauma” created by prison sentences for criminals. It also conveniently shifts the trauma narrative away from victims of crime, who might have experienced real trauma, to the perpetrators, who are then recast as the real victims.

 

Willette Benford, a “decarceration organizer” and former felon, is typical of such activists. Speaking to a local Chicago news station, she said nothing of the trauma experienced by crime victims in her community, most of whom, like her, are black. Rather, she wanted to talk about “going inside [prisons] with trauma just from being a Black woman in America…. Then going inside and being oppressed, because most prisons are in rural southern counties and [employ] predominantly white officers and male officers.” Benford, by the way, was convicted of first-degree murder for killing her girlfriend, for which she served only 23 years of a 50-year sentence.

 

In schools, trauma has been used by interest groups such as teachers’ unions to resist practices that might reveal the damage that school closures inflicted on many of the nation’s public-school students. As the New York Times reported last spring, some educators and teachers’ unions actively encouraged parents to opt their children out of testing, claiming that standardized testing was harmful to students—this at a time when half of schools still remained closed and evidence of learning loss might have prompted earlier reopenings that would have benefited children. “Voices as prominent as the former New York City schools chancellor, Richard Carranza, and the Massachusetts Teachers Association, the state’s largest educators’ union, have encouraged parents to opt their children out of state tests during the pandemic,” the Times reported. Why? “We do not want to impose additional trauma on students that have already been traumatized,” Carranza said.

 

This approach to trauma can easily lapse into excuse-making. In a New Yorker profile of black families home-schooling their children, one mother noted in a Facebook chat for parents that her son was kicked out of his middle school for serious behavioral issues. Another mother responded: “When I heard you say they had a behavioral problem—or you were told that—the thing that came to mind for me was, all Black people have a behavioral problem. It’s called trauma.”

 

Trauma talk in education often dovetails nicely with the Diversity, Equity, and Inclusion initiatives pursued by progressive educators. The chancellor of California’s Community Colleges, the largest system in the nation, is drafting a series of new Diversity, Equity, and Inclusion policies that will apply to the entire California state system. As a report by the National Association of Scholars found, among the recommendations made by the state’s curricula committee is the promotion of “culturally responsive classroom practices,” including “no longer weaponizing ‘academic integrity’ and ‘academic freedom’ that impedes equity and inflicts curricular trauma on our students, especially historically marginalized students.” No definition of “curricular trauma” is provided.

 

In public schools, trauma talk is often introduced as part of critical race theory–inspired pedagogy. As Robby Soave reported in Reason, high school students in Salinas, California, were taught about “‘intergenerational trauma’ through an interdisciplinary and critical lens” in a mandatory ethnic-studies course.

 

This kind of trauma talk defines trauma down. Words should matter: As Haslam told the New York Times: “It’s hard to talk about this without sounding like you’re policing the language….But when we start to talk about ordinary adversities as ‘traumas’ there is a risk that we’ll see them as harder to overcome and see ourselves as more damaged by them.”

 

For progressive politicians, that’s a feature, not a bug.

 

Consider Congresswoman Alexandria Ocasio-Cortez, who told her 8.5 million Instagram followers about the trauma she experienced during the January 6 riots on Capitol Hill. Although she was not in the Capitol at the time, she nonetheless invoked her “trauma” as if she had been, adding that it was even more stressful for her because she was also a “survivor” of sexual assault. Such trauma talk is a powerful political tool in the hands of someone like Ocasio-Cortez because it is effectively immune to facts. You cannot question someone else’s experience of trauma; as Sehgal notes, “to question the role of trauma, we are warned, is to oppress.”

 

Other liberal politicians invoke trauma to expand the scope of federal power. Senator Elizabeth Warren’s “Anti-Racism in Public Health Act of 2021,” which would “amend the Public Health Service Act to provide for public health research and investment into understanding and eliminating structural racism and police violence,” contains provisions to fund “public health interventions and perspectives for eliminating deaths, injury, trauma, and negative mental health effects from police presence and interactions, including police brutality and violence,” for example.

 

Similarly, as the Washington Free Beacon reported, the Biden administration enacted new rules for the Department of Health and Human Services that ensured that clinics accepting Medicare could “boost their reimbursements by implementing ‘a Trauma-Informed Care Approach to Clinical Practice,’ which seeks to ‘avoid re-traumatizing or triggering past trauma.’ That includes ‘multi-generational trauma, whereby experiences that traumatized earlier generations, such as the genocide of Native American tribes, are passed down’ to subsequent generations.”

 

The Biden administration’s National Strategy on Gender Equity and Equality also indulges in a lot of trauma talk (the word appears 17 times in the text). The plan promises to “expand trauma-informed social services for women and girls in the criminal and juvenile justice systems who are struggling to cope with trauma, substance use disorders, and behavioral health disorders.” The document goes on to promise to introduce “trauma-informed practices” at the border, “trauma-informed training programs” for federal workers, “culturally-relevant and trauma-informed programs that prevent gender-based violence,” as well as “best practices for implementing trauma-informed, culturally-responsive approaches to school discipline.”

 

Where there is trauma talk there is usually hyperbole about violence. When Democratic congresswomen Ayanna Pressley and Cori Bush introduced their “Housing Emergencies Lifeline Program (HELP) Act” earlier this year, Pressley stated, “Every eviction is a form of policy violence.” (This is a favorite phrase of Pressley’s; last year she tweeted, “student debt is policy violence.”)

 

This expansion of definitions serves a broader political utility: The supposed daily trauma (or violence) inflicted on people by the enemies within (racists, Trump supporters, free-speech advocates, landlords) justifies the creation and enforcement of stronger protective measures for the victimized groups, which requires more intervention by the government, ad infinitum. In this world, victimhood serves as a kind of privilege offset for elites who are keen on believing they understand the needs of the masses, just as carbon offsets work for private jet owners who want to see themselves as environmentalists.

 

But it comes with a cost. By diluting the meaning of trauma, trauma talk undermines the needs of real trauma patients. Coopting therapeutic language to promote ideological notions of race or to excuse antisocial behavior undermines social norms by placing trauma trip wires around normal areas of life and generating ineffective and wasteful policies. Last, and worst, it rejects the possibility of renewal and resilience in favor of fear—fear that makes one brittle and consigns one to perpetual pain.

The Hypocrisy of the Dobbs Dissenters

By Charles C. W. Cooke

Monday, June 27, 2022

 

Americans searching for evidence that the Supreme Court’s illegitimate half-century of interference in American abortion policy has had an incorrigibly corrupting effect on the integrity and coherence of our judicial system need look no further than this line from the dissent in Dobbs, which, in a crowded field of contributions, jumped out at me for the sheer extravagance of its cynicism:

 

Most threatening of all, no language in today’s decision stops the Federal Government from prohibiting abortions nationwide, once again from the moment of conception and without exceptions for rape or incest.

 

Can the dissenters be serious?

 

Exactly what sort of “language in today’s decision” would Justices Breyer, Sotomayor, and Kagan have liked to see? What could have occasioned the majority’s adding such language? And how could it have been included without setting a broader constitutional precedent that, in any other circumstance, the trio would have strenuously opposed? I understand that the dissenters are worried about the practical effects of overturning Roe. But if the Dobbs majority had, indeed, decided preemptively that the federal government was barred from “prohibiting abortions nationwide,” it would have undone decades of progressive-led expansions of the commerce clause and the necessary-and-proper clause at a single stroke, and made the stare decisis complaints that have been advanced by the dissenters look like a walk in the park. Is that really what they wanted?

 

The dissenters are, of course, correct to deduce that if there is no right to abortion in the Constitution — which was the only holding in Dobbs — then the federal government is not explicitly prohibited from regulating or banning abortion. But that a given federal action is not explicitly prohibited does not, under our constitutional order, mean that the federal government necessarily enjoys the power to take that action in the first place. As it is written, the Constitution grants the federal government only a handful of enumerated powers, which are limited yet further by the Bill of Rights. In Federalist No. 45, James Madison neatly explained the model:

 

The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.

 

Unfortunately, this presumption has eroded over time, to the point at which the federal government now presumes almost unlimited power, and accepts checks on its authority only via the Bill of Rights, the equal-protection clause, or whatever a transient majority on the Court contends might be contained within the free-candy machine that is the “substantive due process” doctrine. Naturally, that erosion did not happen on its own: It was achieved over time through the deliberate and sustained efforts not of the Federalist Society, but of the Democratic Party and the judges it has repeatedly put on the bench.

 

Which is to say that, if, in a few years’ time, Congress tries either to ban or to preempt abortion on a national basis, it will not be relying upon a conservative case for federal power, but on a series of enumerated-powers-doctrine–exploding precedents that began during the New Deal, and that have been defended ruthlessly since that time by the institutional American Left. Insofar as they have upheld or expanded those precedents whenever possible, Breyer, Sotomayor, and Kagan are a key part of that Left. That, in the course of a relentless broadside in favor of stare decisis, those judges had the gall to complain that the majority in Dobbs enclosed “no language” that circumscribes the unconfined federal role that they have spent their entire careers sustaining is nothing short of astonishing.

 

Back in 2005, the Supreme Court had occasion to reconsider the holding in Wickard v. Filburn, a 1942 case that held that the federal government had the power to regulate how much wheat an individual could grow on his own land for his own consumption. Even in such cases as an “appellee’s activity be local and though it may not be regarded as commerce,” the Court had ruled in Wickard, “it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce and this irrespective of whether such effect is what might at some earlier time have been defined as ‘direct’ or ‘indirect.’”

 

On paper, the plaintiff in the vehicle for reconsidering that ruling, Gonzales v. Raich, was a far more sympathetic figure to progressives than the plaintiff in Wickard, Roscoe Filburn. She was a Californian named Angel Raich, and she had been growing cannabis at home, for personal medicinal consumption. But none of that mattered: Terrified by the prospect of weakening the federal government in other areas, and unable to conceive of a comprehensible way to distinguish between commercial and non-commercial activities, a majority on the Court — including Justice Breyer — upheld Wickard, and confirmed in the process that, even in such cases as the “intrastate, noncommercial cultivation and possession of cannabis for personal medical purposes as recommended by a patient’s physician pursuant to valid California state law” is at stake, the federal government is empowered to intervene on the grounds that the superintendence of Raich’s behavior represents “an essential part of the larger regulatory scheme.”

 

Dissenting, Justice Clarence Thomas wrote that:

 

This [decision] makes a mockery of Madison’s assurance to the people of New York that the “powers delegated” to the Federal Government are “few and defined,” while those of the States are “numerous and indefinite.”

 

There is no doubt that, if asked again, Thomas would reiterate this view. And there is no doubt that, if he did so from within a majority in a different case, the dissenters in Dobbs — the same people who now complain that Dobbs does not contain a broad curtailment of federal authority to regulate abortion post-Roe — would immediately cry foul. Pushed to despair by the way the Court’s abortion jurisprudence had corrupted so many of its other endeavors, Justice Scalia often talked about the “abortion distortion” — and this is a perfect example of it. Nothing that the Court has examined in the 80 years since Wickard has been sufficient to convince its living constitutionalists that their unchecked conception of the commerce clause is “threatening,” but abortion hits the docket in a way they dislike, and, all of a sudden, they are aflutter with the spirit of 1789.

 

How grotesque.