French:The Corporate Logo That Broke the Internet

The usual distraction and “flood the zone” tactics by the Trump administration and its enablers:

…The process of stoking outrage has another effect: It crowds out the news cycle. Most Democrats I know would be shocked at how little the average Republican knows about Trump’s actual conduct and his actual wrongdoing. Republicans can, however, cite chapter and verse about left-wing outrages and left-wing overreactions to Trump.

That creates a reality where they simply can’t conceive of how any reasonable, rational person would vote Democratic or oppose the president and his policies.

The Sweeney and Cracker Barrel stories highlight the new right’s theory of change. It sees the social liberalization of America as primarily an elite-driven phenomenon. According to this narrative, the left seized the most powerful institutions of American life and then imposed its delusional and unnatural ideas from the top down, in part through shaming, fear and bullying.

The solution, then, is obvious. Either seize or destroy left-dominated institutions, replace them with right-dominated institutions and elites and then impose conservative values on society, if necessary, through the same intolerant means.

This is why you see some figures on the right turning even to Marxists, such as Antonio Gramsci, to inspire them to “cultural hegemony.”

In this version of the right, cancel culture is only a problem if you’re not the one doing the canceling. The conservative argument for liberty for all is replaced by a populist will to power, one so all-consuming that it exercises veto power over corporate logo redesigns it does not like.

At the moment, MAGA’s cultural power is on the rise, but it’s ultimately on a fool’s errand. Can anyone look at the history of the last 10 years and say that bullying or intolerance helped the left? Or is it more accurate to say that the worst excesses of left-wing cancel culture helped trigger the public reaction that ushered MAGA back into power?

MAGA’s intolerance won’t fare any better. Constant outrage is energizing, at least for a while, for partisans and activists. It’s exhausting for everyone else. The more that MAGA tries to bully America, the more resentment it will build. Bullies only win for a while, and when the backlash to the backlash comes, MAGA will have only itself to blame.

Source: The Corporate Logo That Broke the Internet

French: Why a ‘Paleo-Confederate’ Pastor Is on the Rise

Depressing:

This should tell us that white evangelical support for Republicans is far more cultural and tribal than it is ideological or (certainly) theological. As Ryan Burge, one of the nation’s foremost statisticians of American religions, has said, white evangelicals “vote for Trump because white evangelicals are Republicans, and Donald Trump is the standard-bearer of the G.O.P.”

As a practical matter, this reality puts the Republican nominee at the center of white evangelical politics. And if he wins, he instantly becomes the most influential political thinker in evangelical America, and his political ideology and temperament become the political ideology and temperament of millions of American evangelicals.

When you live in evangelical America (especially in the South), you experience the sheer power of its culture up close. It’s theologically tolerant and politically intolerant. You can believe many different things about matters as important as baptism, salvation and the role of women in your denomination.

But if you leave the Republican Party, much less publicly criticize Trump? Well, you’ll quickly find that political orthodoxy matters more than you could possibly imagine.

Do you want to know the cultural and political future of American evangelicalism, including the cultural and political future of men like Wilson? When the white smoke rises from Super Tuesday, the Republican Party won’t just choose a new political leader, evangelicals will choose their next political pope, the single-most-influential person in the church.

We should pray fervently that he or she is a better person than Donald Trump.

Source: Why a ‘Paleo-Confederate’ Pastor Is on the Rise

French: Christian Cancel Culture Strikes Again

Good take:

…Yes, there is hypocrisy here. It’s a bit much to hear that it’s vitally important for Chip and Joanna Gaines to reject two gay dads (and their children!) from Christians who are also all in on Donald Trump. A gay couple on reality television is a bridge too far, but supporting a thrice-married man who was featured on the cover of Playboy magazine and was once good friends with Jeffrey Epstein is not?

But in another way, they’re not hypocrites at all: They’re budding authoritarians, and for authoritarians, a principle like “tolerance for me and not for thee” is entirely consistent. Authoritarians, after all, are supposed to rule.

When you possess a burning sense of certainty in your moral vision, intolerance is always a temptation. If you give your opponents a platform, won’t that lead some people astray? If error creates injustice (or worse, leads people to the gates of hell), why should error have any rights?

Think of the sense of entitlement here. On one hand, evangelicals say, “How dare you discriminate against us in the workplace,” and then turn around and tell a fellow evangelical couple, “You’re betraying us unless you discriminate against gay men at your job.” Evangelicals aren’t a superior class of citizen. We don’t get to enjoy protection from discrimination and the right to discriminate at the same time.

In times of religious and political conflict, I turn to two very different historic figures — the Apostle Paul and James Madison. In what might be some of the most ignored verses in the New Testament, Paul warned early Christians against imposing the same moral standards on those outside the church as those inside.

“I wrote to you in my letter not to associate with sexually immoral people,” Paul said in 1 Corinthians, “not at all meaning the people of this world who are immoral, or the greedy and swindlers, or idolaters. In that case you would have to leave this world.”

“What business is it of mine to judge those outside the church?” Paul asks. “Are you not to judge those inside? God will judge those outside. ‘Expel the wicked person from among you.’”

One of the fundamental problems with the American evangelical church is that it so often gets that equation exactly backward. It is remarkably permissive of abusive Christian individuals and institutions — especially if those individuals or institutions are powerful or influential — even as it can be remarkably hostile toward those people outside the church.

Evangelicals then compound the problem by viewing with deep suspicion and mistrust those people who blow the whistle on church misconduct while revering those people who are “bold” and “brave” enough to focus their fire on everyone else.

Paul’s words represent basic Christianity. Jesus himself admonished his disciples to remove the planks from their own eyes before trying to remove the “speck of sawdust” from someone else’s, and he warned that “you will be judged by the same standard with which you judge others.”

This doesn’t mean that we can’t or shouldn’t make moral judgments, but rather that we should do so with extreme humility, focusing on addressing our own flaws first.

But that’s a command to believing Christians. How should we all deal with disagreement on fundamental matters?

In Federalist No. 10, Madison wrestled with the question of how to create a lasting republic that would invariably include a broad range of competing factions. It’s easy for us to look back at the founding and dismiss its diversity by comparison to our own. After all, the founders were mainly a collection of relatively privileged Protestant white men.

That statement is true, but incomplete. Early America was remarkably diverse by the standards of the day. The religious complexity of early America was its own small miracle. When Europe encountered similar divisions, it descended into the Wars of Religion and drenched itself in blood.

The Wars of Religion are ancient history to us, but they were much more present in the Colonial era. The Wars of Religion were as recent to James Madison as World War I is to us, and they were destructive on a vast scale. The challenge of genuine religious diversity was very much on the founders’ minds.

How do you live in a pluralistic republic without abandoning your core convictions? Madison admonished us not to yield to two related temptations. Don’t try to diminish liberty and don’t try to establish uniformity of opinion.

Instead, he said, the answer was to “extend the sphere” of the republic, to “take in a greater variety of parties and interests.” In this circumstance, “you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens.”

The sphere of the American republic extends to conservative evangelicals and to gay dads. It includes people who believe every word of the Bible is inspired by the Holy Spirit and those who think it’s no more credible than a comic book. One of the beauties of our culture at its best is that no side of the American divide has to abandon any of its core convictions to enter the public square or to engage in the stream of American commerce….

Source: Christian Cancel Culture Strikes Again

French: ‘Superman’ Is MAGA Kryptonite

Good post:

Think for a moment of the immigrant experience. If you’re a child, you come without your consent. You find yourself in a place that you’ve never known. Even if you’re an adult, and you want to make America your home, you start out in a state of isolation and vulnerability.

Is it any wonder that new immigrants often create or seek out ethnic enclaves? From the Irish and Italian quarters of cities in the 19th century to the barrios of the 20th and 21st centuries, immigrants can ease into their new life by holding onto remnants of the old.

We look at immigrants and often demand that they assimilate. Be like us, we say. Conform to our culture. And that’s usually an easy ask — after all, adult immigrants want to be here. They want to participate in American life. For children, assimilation tends to happen quickly. Immigrant children who grow up in America quickly become more American than they are Mexican or Nigerian or Polish.

Assimilation doesn’t mean abandonment. There are millions of patriotic Americans who are also proud of their national heritages. When the waters of the Chicago River turn green on St. Patrick’s Day, we celebrate with Irish Americans. Should Mexican Americans experience any less joy on Cinco de Mayo?

When I served in Iraq, I served with immigrant soldiers who expressed pride in their homelands but fought in one uniform under one flag, and no one in our squadron ever questioned where their ultimate loyalties lay.

But if we ask immigrants to assimilate, then our nation has its own obligation. We must adopt them. If we want immigrants to love us, then it is our sacred obligation to love them back. Nations can’t love immigrants like adoptive parents love their children, but there is a parallel — a nation can tell a person, “You are one of us.”

That doesn’t mean that we open our borders to anyone who wants to come. Of course we should regulate the flow of immigrants into our country. Too many people arriving too quickly can overwhelm social services, strain local economies and create the conditions for rivalry and conflict that destabilize our politics.

But our default posture should be one of open arms. We should take immense pride that people want to come here. And we should welcome as many as we can reasonably absorb. This is our national heritage, marred though it is by sometimes-long periods of backsliding….

Source: ‘Superman’ Is MAGA Kryptonite

French: Justice Jackson Just Helped Reset the D.E.I. Debate

Of interest:

…In its ruling, the Supreme Court rejected the Sixth Circuit’s test. It held that all plaintiffs approach the law equally, regardless of their group identity, and all plaintiffs have to meet the same legal burdens to win their case. There can be no extra hurdle for members of majority groups.

I wasn’t surprised by the outcome, but I was at least mildly surprised that it was unanimous. And I was definitely surprised by the author of the majority opinion — Justice Ketanji Brown Jackson, one of the court’s most liberal members.

Jackson’s words were clear. Nondiscrimination law is focused on protecting individuals. Quoting previous Supreme Court cases, Jackson wrote, “Discriminatory preference for any group, minority or majority, is precisely and only what Congress has proscribed.” As a consequence, “Congress left no room for courts to impose special requirements on majority-group plaintiffs alone.”

Crucially, the court didn’t rule that Ames had been discriminated against. Instead, it sent the case back down to the lower court to be decided under the proper, equal standard.

Standing alone, the Ames case is relatively narrow in scope. It only holds that all employment discrimination plaintiffs have to meet the same test. Taken together with the court’s other recent cases, including most notably 2023’s Students for Fair Admissions v. Harvard, which prohibits race preferences in university admissions, the lesson is plain: Any discrimination rooted in immutable characteristics, such as race, sex or sexual orientation, will automatically be legally suspect, regardless of whether the motivation for discrimination was malign or benign…

Source: Justice Jackson Just Helped Reset the D.E.I. Debate

Why Trump Lost the Census Case

Good analysis from the right:

I’ll freely admit, I’m surprised. In April I predicted that the Trump administration would prevailin its effort to include a citizenship question on the 2020 census form. I based my conclusion on the combination of Congress’s broad delegation of authority to the executive branch to conduct the census in the “form and content” that the secretary of commerce determines, the historical norm of including citizenship questions, and the traditional leniency of so-called arbitrary and capricious review.

Against this legal background, I believed that — like with the travel-ban case — a chaotic process would matter less than the very broad discretion granted the president by existing law. I was wrong.

Today, Justice John Roberts joined the four more progressive judges to reach a legal conclusion (articulated in a complex series of interlocking and competing concurrences and dissents) that roughly goes as follows: Including a citizenship question in the census is not “substantively invalid.” However, the Administrative Procedure Act applies, and it is “meant to ensure that agencies offer genuine justifications for important decisions, reasons that can be scrutinized by courts and the interested public.” Since the administration’s explanation for its agency’s action was “incongruent with what the record reveals about the agency’s priorities and decisionmaking process,” the administration failed to meet its APA obligations.

The secretary of commerce had pointed to an assertion from the Department of Justice that the question would assist in voting-rights enforcement. To put it simply, the majority did not buy that explanation, finding that it was more of a rationalization: The secretary of commerce decided to include the question, went hunting for a reason, and eventually got the DOJ to help.

Quite frankly, this sounds about right. As the Court put it, “the evidence tells a story that does not match the explanation the Secretary gave for his decision.” This section of the opinion is instructive:

“The record shows that the Secretary began taking steps to reinstate a citizenship question about a week into his tenure, but it contains no hint that he was considering VRA [Voting Rights Act] enforcement in connection with that project. The Secretary’s Director of Policy did not know why the Secretary wished to reinstate the question, but saw it as his task to “find the best rationale.”

A different way of putting the opinion is that the APA, at the very least, requires an honest process.

Why was this outcome different from that of the travel-ban case? In that case, the president himself offered evidence that the stated reasons for the administration’s actions were pretextual. The president himself provided evidence that anti-Muslim animus provided at least part of the justification for his order. Yet in that case the statue at issue was different. If the census statutes granted the president considerable discretion, the statute at issue in the travel ban granted him truly immense discretion, unbounded by the APA. Different statutes yield different outcomes.

So now what? There is much speculation on Twitter that the administration may have time to go back to the drawing board, conduct a proper process in accord with truthful, justifiable reasoning, and obtain legal approval in time to print the census forms.

It’s possible, but I’m skeptical. First, there are now real questions as to whether the process was improperly influenced by arguments by deceased Republican redistricting expert Thomas Hofeller that adding the citizenship question would be “advantageous to Republicans and Non-Hispanic Whites.” Evidence of racial animus would almost certainly alter the legal calculus and require the administration to go to great lengths to show that any new process has been cleansed from any racist taint.

Plaintiffs will again challenge any effort to include the question, they’ll likely obtain injunctions in favorable jurisdictions, and then the clock will become the administration’s enemy. I could well be wrong, but I’m doubtful SCOTUS will have an opportunity to opine before that clock runs out.

There is a lesson here, one that the administration (and indeed, all litigants) would do well to remember. When engaged in conduct that’s likely to lead to litigation, make it easy for the court to rule for you. Chaos can lose cases. Evidence of disingenuousness alienates judges.

Process matters, and you always want to appear to be the most reasonable party before the court. The Trump administration has gotten away with chaos before. It did not today, and as much as conservatives may once again grow angry at Justice Roberts for joining the Court’s progressive wing, if they want to place real blame for today’s Supreme Court setback, look to the administration. Its lack of candor caught up to it, and honesty may now come too late.

Source: Why Trump Lost the Census Case