Leftist Shaming Of Conservative White Women Is Anti-Feminist

White women vote for Donald Trump - US midterms 2018

Some women fail to vote for progressive candidates because they happen to be conservatives. Accusing them of acting against their own self-interest — or at the behest of the “white supremacist patriarchy” — is offensive, condescending and presupposes that women should vote based on a more limited palette of issues than men

The US midterms brought some results which were fairly encouraging for Democrats, but also a number of prominent disappointments – charismatic longshot Beto O’Rourke’s failure to unseat Senator Ted Cruz in Texas, the likely failure of Democrats to win senate and gubernatorial races in Florida and disappointment in Georgia.

And predictably enough, the crazy wing of the progressive left know exactly who to blame for these setbacks: traitorous white women who sucked up to their fascist overlords by voting for conservative candidates.

No, seriously:

You see, these white women voted for the “wrong” candidate. Because in the dystopian world inhabited by the Women’s March and others, there is only one allowable political opinion, and all women must vote in a bloc for that option. This might strike you as not being quite what the American founders intended, or what should happen in any healthy democracy for that matter – but nonetheless, the 59% of white women who voted for Ted Cruz are thought criminals, gender traitors and must be publicly shamed before being reeducated.

Telling an entire class of people that “there’s a lot of work to do, white women. A lot of learning. A lot of growing” is incredibly condescending. In fact, the language brings to mind the scolding comment a parent might make to a misbehaving child, not the kind of rhetoric which has ever persuaded a grown adult to change their mind on a given issue ever in the course of human history.

But it turns out that the Women’s March are positively respectful and restrained compared to some other activists:

Charming. Katie Herzog of The Stranger analyses the impetus behind these angry expressions of incomprehension:

While I understand the impulse to blame anonymous populations for our problems and defeats, it’s not hard to see why people bristle at this kind of message. Blaming white women for not electing Democrats is based on the false presumption that white women are a homogenous population, that we are all supposed to be allies for the great feminist cause.

[..] White women are not a monolith. We don’t all know each other. We don’t all go to the same church or yoga class. Some of us, in fact, don’t go to church or yoga at all. White women, like all populations, are a large, unwieldy group made up of individuals with an array of concerns and values, and less than half (48 percent) of white women lean Democratic. The fact that conservative women voted for Republican candidates should be no more surprising than the fact that liberal women voted for Dems, regardless of their race.

[..] As the election results in Missouri, Texas, Georgia and elsewhere show, plenty of white women reject the idea they should vote Democratic just because they are women. They don’t feel like “foot soldiers of the patriarchy,” as feminist Mona Eltahawy put it, and I’m guessing plenty of them don’t even believe in the patriarchy at all. They’re not going to change their votes because progressives they’ve never met think they have some kind of obligation to vote for Democrats because of their double-x chromosome.

Exactly so. Maybe, just maybe, some women voted Republican because they are more than the sum of their reproductive organs, the sexual harassment they may or may not have experienced, their alleged brainwashing by the patriarchy or any other identity politics wedge issues. Maybe, just maybe, the white women being so sanctimoniously lectured by  the woke brigade are human beings and American citizens who base their votes on a variety of factors, just the same as everyone else.

Yet the progressive identity politics brigade would have it be otherwise. Foreign policy, fiscal policy, education and trade? Not the concern of womenfolk, apparently. Civil liberties, free speech, science and innovation, religious freedom, church and state? Don’t worry your pretty little minds about any of those complicated issues, ladies, they’re above your pay grade. Just vote for the party that keeps banging on about your genitalia and reproductive organs.

We see exactly the same phenomenon in Britain, with the establishment Remainers trying to thwart Brexit increasingly resorting to panicked cries that leaving the European Union is a plot of the patriarchy designed to “hurt women”, and should thus be opposed on feminist grounds. Continuity Remainers (those who want to overturn or disregard the result of the 2016 referendum) arrive at this conclusion by creating a tenuous logical chain in which they assert without evidence that Britain’s attitudes and laws concerning women’s rights will revert to Victorian standards upon severance from Brussels, and that Brexit will inevitably lead to a recession which would decrease government tax revenues, which would automatically result in spending cuts which would automatically fall on those elements of the welfare state on which women disproportionately rely.

Again, there is zero expectation that women might support Brexit for the same reason that motivates male Leave voters, be it arguments about democracy, governance, self-determination or immigration. No, Remainers reduce women to the role of passive consumers of government services who should be expected to vote according to whatever they are told is in their material short-term interest rather than entertaining any highfalutin notions about what is best for the future of the country as a whole. This is an incredibly paternalistic argument – one, in fact, which would not have been out of place in Victorian society. But today we hear these sentiments openly and proudly expressed by leading politicians, celebrities and activists agitating to keep Britain a member of the European Union.

Given the degree to which the Republican Party has not only made its peace with Trumpism but (with very few exceptions) cravenly failed to stand up to or condemn the president’s worst excesses, I would have had trouble voting for any candidate with (R) next to their name this election cycle. But unlike the Women’s March and other prominent voices of progressive wokeness, I believe that the white women who did vote Republican in the midterms did so after engaging in the same kind of civic thought process as any other American citizen. I would not be so arrogant to assume that they are brainwashed by the patriarchy or seeking to lord their first-among-second-class-citizen status over women of other ethnicities.

Moreover, haranguing and abusing women for failing to vote the “correct” way its about as strategically sensible as a car salesman reacting to a wavering customer by running out of the showroom after them, yelling abuse and insults, and telling them to bone up on their automobile knowledge before daring to set foot in his dealership ever again.

Herzog goes on to explain the blatantly counterproductive nature of responding to the fact that conservative women vote for conservative candidates by shouting at them:

There are reasons not to blindly shout about “white women” when you’re pissed about the outcome of the election. For one, why the hell aren’t you shouting at white men? They vote for Republicans at even higher rates than white women. This women-blaming rhetoric reeks of misogyny, which may be ironic considering it comes primarily from progressive women. Regardless, it won’t fix anything. The way to win races is to actually appeal to voters (or to suppress them), and the only way to appeal to voters is to either try and change their opinion (and good luck with that) or to meet them where they already stand.

[..] Blaming and shaming conservative white women will not win elections. If Democrats want to win this population over, they need to find a message that actually appeals to them, and faraway progressives screaming “white women do better” is not it.

Yet this seems to be the primary strategy right now:

It’s hard to see how New York Magazine writer Hillary Kelly’s plan to “drive [her] ass down there next election and personally talk to as many of these fools as possible” can fail, given that she clearly intends to meet with them on a basis of mutual respect.

The mind struggles to comprehend how anybody – let alone people who consider themselves part of the cognitive and moral elite – could possibly still think, after all the evidence of 2016-2018, that haranguing people, criticizing and shaming them will somehow make them see the error of their ways and turn them into fellow woke progressives.

But self-flagellation has become such a big part of the required performative routine for the progressive left – witness the endless seminars and university courses popping up, focusing on how to deal with one’s “internalized white supremacy” – that the true believers have apparently forgotten that the rest of us are not whipped into waves of ecstasy by being told how evil, oppressive and stupid we are.

Intersectional identity politics ruins everything. It forces us to focus on what distinguishes and divides us from one another rather than that which unites us – which is slow-motion suicide in a multiethnic democracy like America. As an academic concept, intersectionality undoubtedly has its uses as an analytical framework, but for an increasing number of activists it has become the only lens through which they view the world. For these people, everything is now seen in terms of personal identity, and everyone is judged according to where they fall on the oppressor/oppressed matrix.

Strong electoral mandates, however, are won by building a positive and forward-looking vision which everyone can get behind regardless of gender, ethnicity or sexual orientation. And if you want to build that coalition, the very worst thing you can do is expend the bulk of your energy making well over half the country feel bad and/or guilty about inherent personal characteristics which they did not choose, cannot change and have no reason to apologize or be ashamed.

If progressives do not learn this lesson rapidly and disown the intersectional extremists who are willing to tear apart society’s fabric in the name of their ideology, they risk defeat after electoral defeat. And given their reckless behavior and toxic agenda this might be quite satisfying to behold, but for the fact that they will drag the entire country down with them.

 

UPDATE: 9 November

There is undoubtedly some validity to the claim that historically speaking, the feminist movement was largely led by heterosexual white women to the exclusion of gay women and ethnic minorities, and though this is hardly surprising given that white people were the majority, a degree of resentment is perhaps understandable. The solution is to be more inclusive in the future without fixating on past wrongs which cannot be changed. But recasting white women as Vichy-style collaborators in female oppression will only drive more and more women away from the movement; and meanwhile, the rest of the country looks on with revulsion while this most self-obsessed of revolutions busily eats its own.

 

Screen Shot 2018-11-09 at 01.59.24

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Mocking Grenfell Tower On Bonfire Night Is Appalling, But Should Not Be Criminal

Greater Glasgow Police - THINK - Social Media - Police State - Free Speech

A society which looks to the state to deliver retribution for non-harmful offensive speech is a society which no longer values a core tenet of liberal democracy

The battle for free speech is won or lost at the margins, which means that those who call themselves advocates of free speech without being able to point to a history of defending deeply offensive speech from people across the ideological and cultural spectrum can be considered fair-weather friends of free speech at best – and outright liars at worst.

And so while a universal chorus of condemnation rightly rises from every corner of Britain regarding the sickening and provocative act of burning an effigy of Grenfell Tower, impersonating the victims and mocking the tragedy – and worse still, recording the vile show and sharing it on social media – it falls to this blog to point out once again that in a society which even aspires to uphold Western liberal values, having the police regulate social conduct is just plain wrong.

First, the appalling story, as recounted in the New York Times:

It was among the worst fires in modern British history: The blaze that gutted Grenfell Tower in London last year killed more than 70 people, displaced hundreds more and marred the lives of the mostly low- and middle-income residents who lived there.

But to a group celebrating Britain’s annual Bonfire Night, it was a joke.

In a widely shared video that circulated on Monday, a group of people laughed as they burned an effigy of Grenfell Tower, which included paper cutouts of residents in the windows. “Help me! Help me!” one person mocked as flames overtook the model tower. “Jump out the window!” another shouted.

Of course this is a disgusting and rather shocking act, one which no decent human being would ever contemplate performing. Of course it is injurious to the feelings of survivors of the fire, the bereaved families of the 70+ victims and the emergency services workers who attended the unimaginable scene. The act fully deserves the condemnation it has attracted from the prime minister on downwards.

But it is disturbing to hear that following such incidents, the police – empowered by law – take it upon themselves to seek out, arrest and charge those responsible. Many reprehensible actions either do not or should not meet the threshold of criminal liability, and absent any form of direct incitement to violence there is no good justification for invoking criminal sanctions against trolls. You cannot make a society politer and more considerate by fining or locking up the rude and provocative, and if you try then you will either preside over a hugely arbitrary and unjust system or else incarcerate tens of thousands of people and attach criminal stigma to social losers.

Some make the argument that scare police resources should not be diverted from frontline public safety duties toward scouring the internet for potential sources of offense and hunting down those who hurt the feelings of others, and this is quite correct. Particularly at a time when London is suffering a “stabbing epidemic” and has by some measures surpassed New York in terms of danger, continuing to employ crack teams of deskbound constables to scour Twitter and Facebook for thoughtcrime or bully the public with veiled warning about speechcrime is a monumentally bad use of resources.

But that is not the main issue at stake. Even if London was a refulgent and harmonious city of perfect safety and benevolence with no other crimes for the Metropolitan Police to handle (thanks to the inspired leadership of Labour Mayor Sadiq Khan) it would still be wrong to hunt down, arrest, intimidate or prosecute people for simply being vile human beings who delight in causing offense.

The remedy for such behavior lies not in criminal law but in the power of society to make its universal horror at such behavior known by exposing, shunning and shaming the culprits. Social consequences are a far more suitable and proportionate response – few people would contest that those who mocked the Grenfell Tower fire deserve any consequences which flow from their notoriety, be it lost jobs, lost friendship and ruined reputations.

And yet we live in an age where society will form a Twitter mob in nanoseconds to take down perfectly well-meaning people for simply misspeaking, making an error of judgment or not being fully up to date on the latest linguistic demands of the identity politics brigade, while in cases of positive acts of universally condemnable behavior we seem content to shrug our shoulders and outsource the job to the police and the criminal justice system.

This is not right. The kind of punishment which communities can dole out to moral miscreants is flexible enough so that the punishment can be made to fit the crime, but does not tar somebody forever. Being arrested, charged, convicted of a supposed “public order offense” and given a lifetime criminal record is another matter entirely, particularly when there is no injury to persons or property.

You can tell a lot about a society by the people who languish in its prisons. In the United States, my new home, over 2.2 million people are presently incarcerated in federal, state or county prisons and jails, nearly 1 percent of the population – many for non-violent crimes, the victim of a prison industrial complex warped by the prevalence of privately owned and operated prisons. Brits are often quick to mock or denigrate the United States for this fact, and hold America up as a cautionary tale – and rightly so.

Yet in Britain we arrest, charge, caution or imprison people for making YouTube videos in poor taste, joking on social media, singing offensive football songs, preaching non-violent religion in public or criticizing another religion (though of course some religions are more equal than others). This would make us an international laughing stock and object of grave concern were it not for the fact that many other Western countries are merrily going down the same path – particularly with the rise in authoritarianism on one hand and the desperation of an intellectually bankrupt establishment to smother dissent on the other.

Apparently five people have now been arrested after surrendering themselves to police following their depraved little Bonfire Night stunt. They are doubtless all entirely reprehensible and unsympathetic characters who will now join the ranks of lowlifes, oddballs, misfits and assorted others who have found themselves bundled into the back of a police van and charged with criminal acts for having made other people feel bad or outraged.

This should not be the purpose of criminal law in a liberal democratic Western society. The police at present cannot even guarantee our physical safety or reliably bring to justice those who commit crimes against people and property. Are we now to add to their burden a responsibility to guard our ears and eyes against taking in that which we find offensive and repellent?

This is the kind of case which makes me cringe when Britain’s unenlightened attitude toward free speech comes up while comparing and contrasting different judicial approaches here in law school in the US. This is the kind of case which makes me vaguely embarrassed to be British, because when British society and communities abdicate their role in self-regulating behavior and outsource the job to the police, it tells the rest of the world that we are too hopeless, too fragile, too pathetic to withstand the slings and arrows of daily life without the state acting as auxiliary parent to us all, stepping in to fight our battles for us.

I want no part in this societal self-infantilization. It should fall to strong communities with shared values (if there are any such values left that are not being busily undermined by progressives and reactionaries) to moderate discourse where they feel necessary, not the government. We do not need the police to arrest everyone who makes us feel bad or sickens our stomachs with their trollish, attention-seeking behavior.

People who see fit to publish online a video of themselves mocking the victims of one of the worst fires in modern British history condemn themselves through their actions well enough – they don’t require any additional help from the state.

 

Free Speech - Conditions Apply - Graffiti

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The Mainstream Media May Be The Worst Enemy Of The Resistance

The hand-in-glove partnership between the mainstream media and the progressive “Resistance” may pay dividends in the midterms – but if so, it will likely also be their undoing in 2020

Here is CNN’s Don Lemon calling white men the greatest terrorist risk to the United States live on air last week – moments after sanctimoniously calling for an end to divisiveness or demonizing certain groups, and all without a hint of irony.

Don Lemon is not an Op-Ed contributor to CNN. He is not marketed as a fire-breathing Sean Hannity or Laura Ingraham character; no, Don Lemon puts himself forward as a news anchor on a supposedly objective cable news network. And yet here he is, saying in the aftermath of the recent horrific mass shooting at the Tree of Life Synagogue in Pittsburgh:

We have to stop demonizing people and realize the biggest terror threat in this country is white men, most of them radicalized to the right, and we have to start doing something about them. There is no travel ban on them. There is no ban – you know, they had the Muslim ban. There is no white guy ban. So what do we do about that?

This is the kind of social justice and identity politics bilge which just a few years ago was uttered only by screechy protesters on liberal arts college campuses as they protested about Halloween costumes or some other “genocidal” attack on their feelings. Yet now in 2018 these exact same sentiments, once the province of fringe lunatic academics in the pseudo-social sciences, now emerge from the mouth of one of America’s leading television news personalities.

Here is that same network’s star White House correspondent, Jim Acosta, goading the Trump administration with his sassy little take on the ability of the president to bring about sweeping constitutional changes to birthright citizenship by executive order:

 

You’ll note that no such tweets accompanied any of the sweeping Obama executive orders relating to immigration or any other matter, presumably because Acosta either agreed with them or just hadn’t read his pocket Constitution at that point.

And here is Jim Acosta again, tweeting the famous lines from the poem “The New Colossus” affixed to the Statue of Liberty, following a highly choreographed confrontation in the White House press briefing room last year in which the CNN White House Correspondent forgot for a moment that he is supposed to be a reporter and not a student activist:

 

Switching networks for a moment, here is the banner image recently used by the NBC news Twitter account – an image of the caravan of asylum seekers and economic migrants slowly working its way through Mexico toward the United States. This is about as firm a planting of one’s corporate or editorial flag in the sand as it is possible to make:

NBC news Twitter banner image - migrant caravan - journalistic bias

I am slowly giving up being angry at the way the mainstream and prestige media carry themselves like small- (and large-) D democratic heroes while utterly failing to cover the country on which they report with anything approaching objectivity, or make editorial decisions from any other perspective than that of the progressive elite. Now, my anger is giving way to fear.

If Democrats underperform in next week’s US midterm elections then it will largely be thanks to a huge negative assist from the establishment media, which has given an enormous motivational boost to conservatives of all stripes thanks to skewed and hyper-reactionary coverage of the very presidency their own greed for ratings helped to bring about. But this self-foot-shooting is actually the better scenario for the left and their media allies, compared to the alternative.

Though they don’t yet realize it, the nightmare scenario for the Left is that the love-in between the progressive “resistance” and the establishment media – a journalistic class which has been driven mad by Trump’s constant taunting into dropping their thin veneer of objectivity and revealing their true ideological colors –  actually works this midterm season, at a time when many conservatives and Trumpists do not show up to vote.

Why? Because a strong Democratic showing in the midterms will only encourage the prestige media in their collective mania, and lead to a doubling down on the various anti-conservative tactics – the bias, the gaslighting, the double standards and false equivalencies which mean most conservatives are forced to begin any argument proving they are not a Nazi while most progressives are allowed to commit the most egregious sins multiple times before their media halo begins to tarnish even slightly.

Two years of this unhinged and irresponsible reaction to the Trump presidency has succeeded in uniting even many Never Trump conservatives behind the administration and the GOP this midterm cycle. That may not be enough to prevent Democrats from making significant and encouraging gains in the midterms on Tuesday, but two more years of this behavior at an even greater level of intensity than we have thus far seen (and be assured: it will only get worse) may be all it takes to win Donald Trump a second term. You can bet that the president is counting on it.

Many nominal conservatives – myself included, though my political values are far from alignment with the Trumpian GOP – were almost as depressed by the victory of Donald Trump as were Democrats. Many felt that this was no longer a political party they recognized, or wanted to be associated with. But something odd happens when you realize that virtually the entire prestige US media has used the Trump presidency to jettison any remaining pretense of objectivity and openly plant their flag on the progressive side. Something odd happens when views which were entirely mainstream only a few years ago – views which were even espoused by darlings of the political Left – are now being used by leftist activists and sagely nodding network anchors to mark you out as a hate-filled extremist and enabler of fascism.

When that happens, suddenly the distasteful people on your side don’t seem quite so bad.  When that happens – and I’m not saying it’s necessarily right or praiseworthy – suddenly the idea of a president who can thwart and enrage your own political tormentors becomes a little bit more palatable. When that happens, in short, conservatives are more likely to hunker down, put their differences aside and march to the polling booths to re-elect Donald Trump as president of the United States.

And if that happens, given another mandate and with no more elections left to fight, the country will likely see what Trumpism can really do when it is unleashed and made angry by hysterical, partisan journalistic attacks – as if such attacks are even necessary given everything legitimately objectionable that the administration and the man are actually doing.

I don’t want that. I didn’t want Donald Trump to be president in 2016, and frustratingly I will become a US citizen a matter of days too late to vote for someone else in 2020. But just as I see governing elites stubbornly refusing to learn from the mistakes which brought the populist rebuffs of 2016 (good in the case of Brexit, much less so with Trump) now I see the journalistic class – who are very much part of that elite – almost engaging in a competition with the woke wing of the Democratic Party to see who can do more to usher in a Trump second term.

There will come a time, I am convinced, when we look back on the footage of Don Lemon slandering an entire ethnic group for being “dangerous” white males, Jim Acosta engaging in melodramatic activism in the White House briefing room and NBC News changing their Twitter image the way a tween might add a filter to her Snapchat and marvel that the supposedly serious, prestige media could ever have debased itself in such a way – and done so in a way which potentially wrought such harm on the country.

The problem is, if that day does not come before early 2019 then I don’t see there being sufficient time for a course correction prior to the 2020 general election. And currently there is zero sign of that epiphany dawning on the Don Lemons and Jim Acosta of this world, or their editors, or their paymasters. We are dealing with people who need to be smacked in the face with the consequences of their smug, self-satisfied, sanctimonious hectoring multiple times before the message sinks in – if at all.

And all of us must suffer for their selfish obstinacy.

 

Don Lemon CNN - White men are the biggest terror threat to United States

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Preserving The Legitimacy Of The Supreme Court Must Outweigh Partisan Anger

Protesters on steps of Supreme Court - Brett Kavanaugh confirmation - SCOTUS

Conservatives lived with what they saw as a left-leaning, activist Supreme Court for decades without undertaking serious efforts to undermine the institution. But while the American Left rightly decries the various attacks on governmental institutions in the Age of Trump, their anger at the confirmation of Brett Kavanaugh is leading them to do precisely that which they say endangers the Republic

I spend a lot of time criticizing the American news media, and rightly so since there is a lot to criticize in this so-called renaissance of print journalism in the Age of Trump. I often single out the New York Times for particular criticism – their claim to run a scrupulously impartial and ideologically neutral newsroom is risible when their opinion pages are stacked 10-1 with not just left-wing progressives, but the kind who have drunk deep from the well of social justice and are now utterly high on the most poisonous distillation of identity politics dogma.

But I also feel compelled to give credit where credit is due. While the New York Times and other prestige media outlets may devote large portions of their time and resources to misrepresenting conservatives and stealthily promoting leftist agendas, today their Opinion email bulletin featured a progressive Op-Ed writer who actually sought to lay out the conservative perspective in good faith for the benefit and enlightenment of Times readers, rather than misrepresenting the conservative perspective to generate cheap outrage.

Addressing the ongoing rancor generated by the nomination and confirmation of Justice Brett Kavanaugh to the Supreme Court, Op-Ed columnist David Leonhardt clearly set out his own liberal position, but then laid out the opposing view in a way which did not openly invite ridicule or snap moral judgment.

Leonhardt begins:

In this polarized era, most of us don’t spend a lot of time genuinely trying to see a political issue the way that the other side does. And it’s often worth doing so. Let me give you an example.

He then goes on to state his own personal view (entirely in line with progressive thinking) that the Court is supposedly dominated by an “extremely conservative and partisan majority” sufficient to justify Democrats looking at potentially extreme ways to curb the institution‘s power.

But then Leonhardt says this:

But here, roughly, is how some conservatives think about the Supreme Court:

In the mid-20th century, a liberal court regularly overruled the popular will or blocked the democratic process. It happened most famously on abortion, but also on school prayer and other subjects. And even though Republicans won the White House in five out of six presidential elections starting in 1968, the court remained left of center, partly because a few supposedly conservative justices didn’t turn out to be conservative.

Yes, the current court is more conservative than the country, these conservatives might say. But we know how you liberals feel right now. Don’t go undermining an entire institution of government just because you have some complaints about it.

The Left does not like to be told of its glaring faults and hypocrisies, particularly by one of their own, so we will no doubt soon see what happens to the career trajectory of David Leonhardt. But laid out here, with no attempt at distortion, is the basic thought process behind most conservatives’ attitude toward the Supreme Court.

To be clear, I personally would not have nominated Brett Kavanaugh to the court over concerns about his views of executive power, and I would not have confirmed him after his performance in the confirmation hearings (yes, it’s natural to be angry at what you see as false accusations, but going on a conspiratorial rant about the Clintons is the antithesis of the impartiality which should be shown by a Justice of the Supreme Court, particularly one whose background was in the Republican presidential administration of George W. Bush). There are other judges with similar judicial philosophies who would have been better for conservatives from both a constitutional perspective and the short-term political perspective of the nomination process (cough, Amy Coney Barrett).

But while I would much rather have seen a different justice confirmed to the ninth seat on the Supreme Court, at this point I am more concerned about the hypocrisy of those on the Left who rend their garments about the damage which President Trump is doing to vital American institutions, while also actively seeking to undermine public faith in the court and even enthusiastically contemplating the idea of stacking the court to restore it’s leftward tilt, should they acquire sufficiently strong control of Congress after the midterms.

The dangers posed by President Trump’s erratic, ego-driven leadership are very real, and the precipitous decline in public faith in key institutions of government is a corrosive acid eating away at the American democracy. But those entirely valid fears are recast as cynical partisan pandering when their chief expounders are also doing their darnedest to destroy trust in institutions after having suffered a setback on the Supreme Court. And as a result of this cynical behavior, people are less likely to take the warnings seriously.

Worse still, the Democrats’ pain threshold is apparently so low that they could not tolerate a potential originalist/textualist (or more cynically, rightward) shift on the court for even a week before they started openly agitating to undermine the institution. Say what you want about the Republicans, and there is much to say – particularly concerning their disgraceful refusal to even consider Merrick Garland, President Obama’s eminently qualified Supreme Court nominee – but conservatives watched as the Burger, Rehnquist and Roberts courts handed down many decisions which they regarded as unconstitutional. Decisions which decisively reshaped the fabric of American life. And while nobody would say that Republicans took defeat gracefully or played the part of happy warriors, at least they did not try to stack the court or mount targeted efforts to delegitimize the institution altogether.

One can disagree with the originalist and textualist judicial philosophy which may now come to more prominence in the Supreme Court’s deliberations, but it is a valid and serious worldview worthy of respect, certainly no less so than the “living constitution” alternative. The answer to political setback is not to take one’s toys and go home in a temper – it is to seek to persuade voters that the progressive alternative is better such that Democratic senators and presidents are elected who can nominate like-minded individuals to the Court. The answer is not to falsely claim that theirs is the only pure and neutral interpretation of the constitution while the conservative perspective is uniquely partisan and dangerous.

Congress already has a rock-bottom approval rating, with hardly anyone respecting the legislative branch of government. The divisiveness of the Donald Trump era has seen one group hold out the present head of the executive branch to be worshipful and almost divinely given while the other group thinks he is Literally Hitler. That leaves only one branch of government held in significant public esteem – the judiciary, led by the Supreme Court.

Is undermining remaining public trust in the third branch of government and sawing the third and final leg off America’s governmental tripod the responsible thing to do right now? Is it even the most politically lucrative thing to do in the short and medium term, given how the Kavanaugh saga has energized the Republican base and put a handful of oncecompetitive seats further out of the reach of Democrats?

My opinions on how best to move forward are currently in flux, but I am attracted by propositions that the Supreme Court should no longer be populated with the same nine lifetime appointees, but rather by federal appeals court judges selected at random for shorter terms, on a staggered basis (see this Vox piece, which is sadly also a prime example of how the Left see theirs as the only legitimate point of view and recent progressive leanings of the Supreme Court not something even worth mentioning). Of course, this change is about as likely as President Trump admitting that he is a Russian stooge, resigning Nixon-style and flying away in a helicopter as a bemused nation watches him go. But it seems like a good potential approach, and one which would do much to depoliticize the highest court (even if the nomination of federal appeals court judges then became somewhat more contentious as a result).

But realistically, we go forward with the institutions we have in the form we have them, staffed by the people whom due process has put in charge. And there is a simple choice to be made by the American Left: do they press ahead and burn away remaining public faith in the Supreme Court, or do they commit – as conservatives did, when they saw that they would keep losing and losing at the hands of the judiciary unless they took a long-term approach to regaining influence – to advance their goals utilizing the legitimate, existing (if flawed) processes and institutions available to them?

Last week I attended oral arguments at the Supreme Court for the first time, hearing the somewhat dry but still fascinating case of New Prime Inc. v. Oliveira being argued before the then-eight sitting Justices of the Court. Sitting in the public seating, soaking in the weight of history within those walls and watching some of the best-credentialed lawyers at the top of their game argue before eight eminent and generally well-intentioned jurists was an unforgettable experience, especially given that I am now studying law in the shadow of that court, right here in Washington, DC.

This case was about employment rights and whether long-distance transportation workers were required to resolve workplace disputes through compulsory arbitration rather than through the courts – an edict which currently varies depending on whether the individual is a waged employee or an independent contractor (an increasingly irrelevant distinction in today’s economy). This kind of case is the Supreme Court’s bread and butter – deciding disputes whose facts would make most people’s eyes glaze over within thirty seconds, but which nonetheless need to be resolved in order to give direction to lower courts and advance the broader course of justice in the United States.

This was not one of the few hot-button social issues which attract hordes of placard-waving protesters to the courtroom steps. The case certainly matters, but primarily to the litigants involved and those who share their interests – transport corporations, unions and the like. Does the Left really want to wage such war on the legitimacy of the United States Supreme Court that even these workaday cases become seen by half the country as fraudulently or illegitimately decided? So that lobbyists, pressure groups and corporate interests feel more emboldened to undermine every negative decision and even mount targeted campaigns against specific Justices as a result of their opinions?

I share some of the American Left’s concerns about America’s direction, particularly the slide toward authoritarianism and protectionism (though I hold the Left equally if not more responsible for these phenomena than the Trumpists, who are largely a symptom, not a cause of America’s malaise). But for the life of me I fail to see how waging an all-out assault on the remaining credibility of the most respected branch of the United States government redounds to the Left’s long-term advantage, results in a more functional country or a more harmonious society. All I see is more bitterness, more mutual distrust and more negative energy fueling the ever-growing vortex of our ongoing culture war.

The Left have every right to be angry with some of the circumstances of Brett Kavanaugh’s nomination to the Supreme Court, and with cynical Republican political behavior prior to that. But they do not have the right to enjoy decades of often-amenable Supreme Court decisions, and then seek to tear down an institution vital to all Americans the moment they believe it may no longer adequately serve their progressive purposes.

In that regard at least, the price of the Left’s present paroxysms of rage may be more than this beleaguered country can bear.

 

Brett Kavanaugh swearing in ceremony Supreme Court - SCOTUS

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Lee v. Ashers Baking Company, A Victory Against Compelled Speech

Asher Bakery Belfast gay marriage cake compelled speech

Today saw a victory against compelled speech and authoritarian government, but fewer and fewer voices on the Left are in the mood to celebrate

Today the Supreme Court of the United Kingdom handed down a decision in Lee v Ashers Baking Company Ltd, the UK’s equivalent of the Masterpiece Cakeshop case in the United States (which the UK court actually cited in its ruling).

Both cases came about when plaintiffs claimed discrimination based on sexual orientation after trying to place an order for wedding cakes bearing messages supportive of gay marriage at bakeries owned and operated by traditional conservative Christians, who then refused the orders on the grounds that to produce the cakes bearing the specific messages would violate their deeply held religious beliefs.

From the BBC:

The UK’s highest court ruled that Ashers bakery’s refusal to make a cake with a slogan supporting same-sex marriage was not discriminatory.

The five justices on the Supreme Court were unanimous in their judgement.

[…] The customer, gay rights activist Gareth Lee, sued the company for discrimination on the grounds of sexual orientation and political beliefs.

But the bakery has always insisted its objection was to the message on the cake, not the customer.

I have long taken the view put forward many years ago by Andrew Sullivan, that gay marriage should be accepted on the grounds that broadening an institution which promotes stability, permanence, mutual responsibility and (consequently) social capital can only be a good thing, especially at a time when social atomization and selfish, destructive cultural hedonism are doing so much to weaken vital bonds at the community and national level.

I would never advocate (nor tolerate) religious institutions being forced to conduct gay marriage ceremonies against their will, but rolling out the basic template of marriage and making it more widely accessible – especially to one of the only demographics which currently shows any enthusiasm for the institution! – seems perfectly sensible to me.

But even more abhorrent than the idea that the government might compel religious organizations to conduct ceremonies which violated their codes and moral systems is the  prospect of government compelling the speech of ordinary people, making anybody who wishes to participate in the public square affirm certain social dogmas on pain of civil or criminal liability. We have already seen Canada start to go down this road with Canadian Bill C-16, a statutory amendment which adds gender identity and gender expression to classes of individuals protected under Canadian human rights law, and moves perilously close to criminalizing the “misgendering” of people. Thus it is not inconceivable that someone could be held criminally liable in Canada were they to refuse to conform their speech to proclaim that trans women are women and trans men are men.

Compelled speech is the very last thing a healthy liberal democracy should be striving to enact. Thus it is great to see at least one human rights and civil liberties group – one which has not yet fully prostrated itself before the Cult of Social Justice and Identity Politics – celebrate the Ashers Baking Company decision.

From the Peter Tatchell Foundation:

“This verdict is a victory for freedom of expression. As well as meaning that Ashers cannot be legally forced to aid the promotion of same-sex marriage, it also means that gay bakers cannot be compelled by law to decorate cakes with anti-gay marriage slogans,” said human rights campaigner Peter Tatchell, Director of the Peter Tatchell Foundation.

“Businesses can now lawfully refuse a customer’s request to emblazon a political message if they have a conscientious objection to it. This includes the right to refuse messages that are sexist, xenophobic or anti-gay, which is a good thing.

“Although I profoundly disagree with Ashers opposition to marriage equality, in a free society neither they nor anyone else should be forced to facilitate a political idea that they oppose.

“The ruling does not permit anyone to discriminate against LGBT people. Such discrimination rightly remains unlawful.

“Ashers did not discriminate against the customer, Gareth Lee, because he was gay. They objected to the message he wanted on the cake: Support gay marriage.’

It is sad that statements like this now have to be cheered and encouraged rather than taken for granted by civil liberties defenders and free speech advocates, but such are the authoritarian times in which we live – trapped in a pincer movement between what Maajid Nawaz calls the “Control Left” on one side, and reactionary, protectionist nationalists on the other.

Proving that he is one of the few prominent voices on the British Left who remains capable of thinking through the consequences of implementing illiberal leftist identity politics dogma heedless of the ramifications, Tatchell continues:

If the original judgement against Ashers had been upheld it would have meant that a Muslim printer could be obliged to publish cartoons of Mohammed and a Jewish printer could be forced to publish a book that propagates Holocaust denial. It could have also encouraged far right extremists to demand that bakers and other service providers facilitate the promotion of anti-immigrant and anti-Muslim opinions.

Of course it wouldn’t be; we know that the administrators of this illiberal code – including establishment figures as powerful as the former head of the Crown Prosecution Service – would implement any such statutes or case law highly selectively, punishing only the disfavored “white, Christian male” group while refraining from holding other groups to the same draconian standard. But Tatchell is quite right that the argument for compelled speech, taken not even so far as to its logical conclusion but merely a few steps down the road, would swiftly end up censoring and controlling us all.

The real concern is that old-school campaigners like Peter Tatchell are a dying breed. In fact, they are being hunted to extinction by a new generation of social justice warrior activists whose petty accomplishments are nothing compared to someone like Tatchell (who, like him or not, has labored for years and put his body in harms way more than once in advance of his ideals) but who deludedly think they morally outrank him because they are willing to go further in their rhetorical, legal and constitutional attacks on dissenters.

This is a time when conservatives – indeed, anyone not of an ultra-progressive persuasion – need to pick their battles very carefully. Social conservatives may disagree vehemently with the social views of someone like Peter Tatchell, but in this authoritarian age it is not he who seeks to impose his views on others. Indeed, given the opportunity, some social conservatives would be more likely to impose their own views on progressive dissenters than Tatchell would do to them – which should give serious pause for reflection.

At this time the threat to fundamental rights and civil liberties, when the identity politics Left is hell-bent on compelling the speech of private citizens, forcing them to say words or endorse ideas in which they do not believe, old political divisions must be put aside in order to withstand the creeping incursions of authoritarianism into society. There will be time enough to relitigate social issues once we have jointly confronted and dispensed with the band of zealots who would actually put us in prison for thinking the wrong things.

In these fractious times, the sane(r) Left urgently needs shoring up. Because if things continue on their current trajectory, Peter Tatchell’s ideological opponents on the right will miss him when he is gone.

 

Ashers Bakery Belfast

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