The Daily Parker

Politics, Weather, Photography, and the Dog

The more things change, the more they stay the same

Some stories to read at lunch today:

Finally, our air quality has improved slightly (now showing 168 at IDTWHQ), but the Canadian smoke may linger for another couple of days.

Three very bad dudes died last week

We lost three people last week whose deaths have made the world ever so slightly better on balance. Religious swindler Pat Robertson went first on Wednesday. Then Saturday, Ted Kaczynski, also known as the "Unabomber" for his terror campaign against university professors in the 1990s, killed himself in his jail cell:

Kaczynski was found unresponsive in his cell around 12:30 a.m. ET and transported to a local hospital where he was pronounced dead, according to the Federal Bureau of Prisons.

Kaczynski was previously in a maximum security facility in Colorado but was moved to a federal medical center in Butner, North Carolina, in December 2021 due to poor health.

Kaczynski, who went nearly 20 years without being captured until his arrest in 1996, was considered America's most prolific bomber.

Between 1978 and 1995, Kaczynski placed or mailed 16 bombs that killed three people and injured two dozen others, according to authorities.

Finally, yesterday the world lost Silvio Berlusconi, the corrupt former prime minister of Italy whose entry into politics to stymie the many legal cases against him  may have inspired the XPOTUS to do the same:

Liberal politicians, and the prosecutors he demonized as their judicial wing, watched in dismay as he used appeals and statutes of limitations to avoid punishment despite being convicted of false accounting, bribing judges and illegal political party financing.

His governments spent an inordinate amount of time on laws that seemed tailor-made to protect him from decades of corruption trials, a goal that some of his closest advisers acknowledged was why he had entered politics in the first place.

One law overturned a court ruling that would have required Mr. Berlusconi to give up one of his TV networks; others downgraded the crime of false accounting and reduced the statute of limitations by half, effectively cutting short several trials involving his businesses. He enjoyed parliamentary immunity, but in 2003 his government went further, passing a law granting him immunity from prosecution while he remained in office — in effect suspending his corruption trials.

By the time he finally resigned in 2011, amid a fractured conservative coalition and general national malaise, a good deal of damage seemed to have been done. Many analysts held him responsible for harming Italy’s reputation and financial health and considered his time in power a lost decade that the country had struggled to recover from.

On a totally different topic, while I traveled last week I read Death of the Great Man by psychiatrist Peter Kramer, a book journalist James Fallows recommended back in April.

OK, maybe not a totally different topic. You should read the book, though.

Which circle of Hell, I wonder?

Televangelist and horrible person Pat Robertson has died, after a long career grifting true believers for billions:

Rev. Robertson, the son of a long-serving U.S. congressman and senator from Virginia, was among the first evangelists to take religion out of the realm of private belief and into the secular arena of politics. In large part through his influence, the Christian right became a potent force in American politics and culture.

Although he bristled at the term televangelist, Rev. Robertson was one of the most popular and influential religious figures of his time. For decades, he was the host of “The 700 Club,” a casual talk show that combined hard-right politics, faith healing and lifestyle news. Broadcast in dozens of languages and in more than 200 countries, the show made Rev. Robertson the world’s most-watched TV preacher.

In addition to his TV programs, Rev. Robertson made public appearances and produced dozens of books and videos as he built a business empire that brought in more than $300 million a year at its height.

“In the not-too-distant past, the charismatic and Pentecostal wing of American Protestantism saw political engagement as a ‘worldly’ and sinful activity,” the late Michael Cromartie, who was vice president of Washington’s Ethics and Public Policy Center and a longtime watcher of the evangelical movement, said in a 2011 interview with The Post. “Pat Robertson, perhaps more than anyone in the charismatic wing of conservative Protestantism, was pivotal in creating this paradigm shift.”

In Inferno, Dante described nine circles of Hell, each with its specific punishments for specific kinds of sin. I haven't read the whole poem, so it's not immediately clear to me whether Robertson would head down to the 8th Circle (fraudsters), possibly in the 6th Bolgia (hypocrites) or maybe he'd get off lightly in the 4th Circle (greed). 

In my imagination, he'll spend the next several thousand years apologizing to everyone he's hurt, either directly (for example, through stealing money under the guise of religion) or indirectly (for example, all the gay people his followers harmed at his urging).

As long as credulous people walk the earth, grifters like Robertson will be there to fleece them. But it's good when someone of his stature descends to his just reward.

Toujours, quelque damn chose

But for me, it was Tuesday:

  • The Democratic National Committee has selected Chicago to host its convention next August, when (I assume) our party will nominate President Biden for a second term. We last hosted the DNC in 1996, when the party nominated President Clinton for his second term.
  • Just a few minutes ago, Manhattan District Attorney Alvin Bragg filed suit in the Southern District of New York to enjoin US Rep. Jim Jordan (R-OH) from interfering in the prosecution of the XPOTUS.
  • Speaking of the House Moron Caucus, Jonah Goldberg worries that the kids following people like Jordan and the XPOTUS have never learned how to behave in public, with predictable and dire consequences for public discourse in the future.
  • And speaking of, uh, discourse, New York Magazine features Stephanie Clifford (aka Stormy Daniels) on its cover this week, in which the actor describes her meeting in 2006 with a "pop-culture curiosity" years before destroying American democracy even entered into his dementia-addled brain. It...isn't pretty.
  • Jennifer Rubin thinks the Religious Right's "victory" in politicizing the Federal judiciary will cripple the Republican Party. (I believe she's right.)
  • Today I learned that Guthrie's Tavern did not die during the pandemic, and in fact will offer free hot dogs during Cubs home games to all paying customers (while supplies last).
  • Rishi Shah and Shradha Agarwal, the CEO and president of Chicago tech company Outcome Health, were convicted on 32 counts of fraud and other crimes for their roles in stealing investors' money.
  • The Hubble Space Telescope has detected a runaway black hole moving close to 1,000 km/s with a 200,000-light-year tail of baby stars following it. (Those baby stars happened because at that speed, it wasn't able to pull out in time...)
  • MAD Magazine cartoonist Al Jaffee, inventor of the Fold-In, died Monday at 102.

Finally, Tupperware has warned its creditors and shareholders that it may go out of business in what I have to call...an uncontained failure of the company.

The worst Federal judge in the US

The US Federal District Courts have 670 Article III judges (that is, Senate-confirmed, lifetime-appointed), almost all of them competent and conscientious jurists. They make mistakes sometimes, for which we have nine Circuit Courts of Appeals, and ultimately, the Supreme Court. In the entre history of the US, the US Senate has convicted only 8 Federal judges in impeachment trials, the most recent, Thomas Porteous for perjury, in 2010

XPOTUS appointee Matthew Kacsmaryk, of the Northern District of Texas, apparently wants the 9th slot:

The competition is fierce and will remain so, but for now he holds the title: worst federal judge in America.

Not simply for the poor quality of his judicial reasoning, although more, much more, on this in a bit. What really distinguishes Kacsmaryk is the loaded content of his rhetoric — not the language of a sober-minded, impartial jurist but of a zealot, committed more to promoting a cause than applying the law.

In an opinion released Friday, Kacsmaryk invalidated the Food and Drug Administration’s 23-year-old approval of the abortion drug mifepristone and, for good measure, found that abortion medications cannot be sent by mail or other delivery service under the terms of an 1873 anti-vice law.

Before being nominated to the federal bench by President Donald Trump in 2017, Kacsmaryk served as deputy general counsel at the conservative First Liberty Institute. He argued against same-sex marriage, civil rights protections for gay and transgender individuals, the contraceptive mandate and, of course, Roe v. Wade.

A trio of law professors writing in Wired take a step back but agree that Kacsmaryk went far beyond his authority:

[W]e would like to offer some clarification here. Because despite the barrage of predictions that this case could ban mifepristone and take it off the market, there are several basic legal principles suggesting that Judge Kacsmaryk’s power is limited and that a ruling for the plaintiffs will not necessarily change much at all with medication abortion.

First, as an amicus brief from FDA law scholars (including one of the authors of this piece) makes clear, Congress crafted procedures by statute for the FDA to use to withdraw approval of a drug. Judge Kacsmaryk cannot force the FDA to adopt another process to do the same—doing so would violate federal law. At best, he should only be able to order the agency to start the congressionally mandated process, which involves public hearings and new agency deliberations. This could take months or years, with no guarantee of the result.

Second, even if Judge Kacsmaryk forgoes this process and rules that the FDA’s approval was unlawful and that mifepristone is now deemed a drug without approval, he cannot force the FDA to enforce the decision. Because the FDA does not have the capacity to enforce its statute against every nonapproved product on the market, it has long been settled law, decided in a unanimous 1985 Supreme Court decision, that the agency has broad enforcement discretion, meaning the agency, not courts, gets to decide if and when to enforce the statute.

Times columnist Kate Shaw agrees:

The Biden administration should be swift and forceful in its response to Judge Kacsmaryk’s ruling, using every tool available to highlight the lawlessness of what the judge has done and to limit any damage that may occur.

Despite the Dobbs majority’s claim that overruling Roe and Casey would merely return the issue of abortion to the people and the democratic process, these plaintiffs seem driven by a single goal, one that has nothing to do with respecting democratic choices: to render abortion as inaccessible as possible in as much of the country as possible, even in states whose voters have elected to make abortion legal and accessible.

Much of the opinion is tonally shocking and medically unsound. Rather than using the term “fetus,” it refers exclusively to “unborn children” and “unborn humans.” It describes mifepristone as used to “kill” or “starve” a fetus, rather than end a pregnancy. It accuses the Biden administration of promoting “eugenics” for identifying the harms to families and existing children that flow from women being denied access to wanted abortions.

[T]he White House must recognize that adherence to well-worn norms — for instance, an orderly appeals process — is less consistent with a principled commitment to the rule of law than more aggressive responses to lawlessness.

The Religious Right knows it doesn't have the votes to prevail on the merits--especially since the "merits" of their arguments around abortion rest on assumptions that most people do not accept. And being religious makes them inflexible, which in turn makes them put their religious goals ahead of everything else, including the law and the lives of people who disagree with them.

When people lose, they get desperate. So while Kacsmaryk's ruling won't survive on appeal, you can bet he, and his co-religionists, won't stop trying to impose "god's" will on everyone else. 

Taking a break from heads-down coding

I spent the morning going over an API for standards and style, which will result in an uncomfortably large commit before I leave the office today. I prefer smaller, more focused commits, but this kind of polishing task makes small code changes all over the place, and touches lots of files.

So while I have my (late) lunch, I'm taking a break to read some news:

Finally, the Securities and Exchange Commission has fined the Mormon Church $5m for failing to disclose its holdings as required by law. As the Church has some $32 billion in holdings worldwide, that $5m fine will sure sting.

"Religion poisons everything"

Christopher Hitchens may have pissed off a lot of people, but I can't dispute the wisdom of that quote. And today, we have a story out of (where else?) Florida, where a fundamentalist Christianist college woke up and discovered that one of the King's Singers "openly maintained a lifestyle that contradicts Scripture:"

The King’s Singers, a Grammy Award-winning British a capella vocal ensemble, announced Monday that their planned concert at Pensacola Christian College was abruptly canceled two hours before the show due to “lifestyle” concerns.

In a statement posted on their website, the group stated that the Feb. 11 concert was due to “concerns related to the sexuality of members of our group.”

“We have performed at Pensacola Christian College before and we entered into the engagement in the knowledge that this is a fundamentalist Christian Institution. Our belief is that our music can build a common language that allows people with different views and perspectives to come together.”

Pensacola Christian College provided a more in-depth justification for the cancelation in a social media post on Monday, stating that the college cannot “knowingly” endorse anything that violates Scripture.

I sincerely hope none of the faculty members there wears garments weaved from two different threads.

Because this sort of thing pisses me off, here's a photo of Cassie from Sunday night, after we walked hither and yon all day:

She has the right idea.

Another step in the slow decline of an empire

The United States once had the best universities in the world. Maybe we still do, to an extent. Most empires, in their primes, have them. But in every culture, some people simply don't (or can't) understand the benefits of learning for its own sake. In the waning days of empire, when politics drifts farther from governing and closer to self-dealing, people who do understand why we need great universities nevertheless see political advantage in pretending we don't.

In the last week I've seen three unrelated articles about this symptom of American decline, from three different perspectives, that make me thing the United States has another century or so before we no longer have the tools or the will to remain the shining beacon on the hill we have always fancied ourselves.

First, Tom Nichols provides a snapshot of one university where the students exercise so much control over the curriculum that they have shut themselves off from real learning:

Unless you follow academic politics, you might have missed the recent controversy at Hamline University, a small private college in St. Paul, Minnesota. The short version is that a professor named Erika López Prater showed students in her global-art-history class a 14th-century painting depicting the Prophet Muhammad. Aware that many Muslims regard such images as sacrilege, she warned ahead of time that she was going to show the picture and offered to excuse any student who did not want to view it.

Professor López Prater’s contract has not been renewed, and she will not be returning to the classroom. The university strenuously denies that she was fired. Of course, colleges let adjuncts go all the time, often reluctantly. But this, to me, seems like something more.

The “rights” of students were not jeopardized, and no curriculum owes a “debt” to any student’s “traditions, beliefs, and views.” (Indeed, if you don’t want your traditions, beliefs, or views challenged, then don’t come to a university, at least not to study anything in the humanities or the social sciences.) Miller’s view, it seems, is that academic freedom really only means as much freedom as your most sensitive students can stand, an irresponsible position that puts the university, the classroom, and the careers of scholars in the hands of students who are inexperienced in the subject matter, new to academic life, and, often, still in the throes of adolescence.

The consumer-driven view of academia weakens institutions from within. Which works just fine if you're an ethnic entrepreneur who wants to squelch critical thinking and has the power to destroy an entire state's university system from without:

New College is undoubtedly a liberal enclave: Florida Governor Ron DeSantis carried Sarasota County by over 20 points in November, and two months earlier a slate of MAGA candidates won a local school board election with support from the Proud Boys. It was perhaps inevitable, then, that the school would find itself in the crosshairs of DeSantis’s ongoing neo-McCarthyite crusade. On Friday morning, DeSantis announced six appointees to the New School board of trustees. Of the six, the three most eye-catching are Christopher Rufo, who’s risen to notoriety as one of the best-known voices inveighing against “critical race theory” and stoking back-in-vogue incendiary anti-LGBTQ rhetoric; Charles Kesler, a senior fellow at the Claremont Institute, a far-right think tank; and Matthew Spalding, a professor of government at Michigan’s Hillsdale College, a deeply conservative private Christian college that both Rufo and DeSantis’s chief of staff explicitly held up as a model for the Florida school.

There’s no better avatar than Rufo for DeSantis’s ambitions to make Florida “where woke goes to die.” In his demagogic campaign to “lay siege to the universities,” Rufo has relentlessly pursued a series of “educational gag orders” in a number of states that have sought to forbid professors from discussing certain topics related to race, gender, and sexuality. In October, he also appeared to celebrate a targeted campaign against one such professor: When a University of Chicago undergrad-cum-conservative-influencer unleashed a wave of rape and death threats on an adjunct professor who was set to teach a winter course on “The Problem of Whiteness,” Rufo praised the student’s “excellent work” after he took to Twitter to brag about getting the class canceled. (In reality, the class was postponed to allow for time to institute safety precautions.) That student is now the national chairman of “Students for Ye,” a far-right youth organization dedicated to a Kanye West presidency.

So what is driving these appointments? “You’re attacking such a small school with these kids who are really brilliant, and which has a high proportion of students who have faced backlash just to who they are,” [New College alumnus Derek] Black said. “For almost everybody I’ve ever known who went to New College, it was [a place where] you can figure out who you are, you can share that with your peers, and you can find a group of people who are going to make you a space where you can explore that and feel comfortable with it. I have a lot of trouble seeing this announcement as anything other than feeling uncomfortable with students being able to just feel like they don’t have to uphold any sort of traditional identity.”

Republican Florida governor Ron DeSantis—who very well could get sworn in as President two years and five days from now—gets a win no matter how the New College battle goes. Either he destroys the college completely, making it that much less likely to find effective critical thought in Florida, or New College survives, but as a huge target for attacks on "wokeness."

Finally, we have an op-ed in this morning's Times from historian Daniel Bessner, sounding the alarm about the decline of humanities study because people don't see its value:

[O]nly 27 percent of those who received a Ph.D. in history in 2017 were employed as tenure track professors four years later. The work of historians has been “de-professionalized,” and people like myself, who have tenure track jobs, will be increasingly rare in coming years. This is true for all academic fields, not just history. As Adrianna Kezar, Tom DePaola and Daniel T. Scott note in their book “The Gig Academy,” about 70 percent of all college professors work off the tenure track. The majority of these professors make less than $3,500 per course, according to a 2020 report by the American Federation of Teachers. Jobs that used to allow professors to live middle-class lives now barely enable them to keep their heads above water.

What is to blame? In the past generation the American university has undergone a drastic transformation. To reduce costs, university administrators have dramatically reduced tenure. And as the protections of tenure have withered away, the size of nonteaching university staffs have exploded. Between 1976 and 2018, “full-time administrators and other professionals employed by those institutions increased by 164 percent and 452 percent, respectively,” according to a 2021 paper on the topic. Professors have been sacrificed on the altar of vice deans.

At the same time, in an effort to fund research that might redound to their financial benefit and to demonstrate their pragmatic value to politicians and to the public, universities have emphasized science, technology, engineering and math at the expense of the humanities. As the American Academy of Arts and Sciences reported, citing data from 2019, “spending for humanities research equaled 0.7 percent of the amount dedicated to STEM R.&D.”

Entire areas of our shared history will never be known because no one will receive a living wage to uncover and study them. It’s implausible to expect scholars with insecure jobs to offer bold and innovative claims about history when they can easily be fired for doing so. Instead, history will be studied increasingly by the wealthy, which is to say those able to work without pay. It’s easy to see how this could lead American historical scholarship to adopt a pro-status-quo bias. In today’s world, if you don’t have access to elite networks, financial resources or both, it just doesn’t make sense to pursue a career in history. In the future, history won’t just be written by the victors; it’ll also be written by the well-to-do.

As a historian, Bessner knows that this has happened before, and knows what happened afterward.

The dark ages from the fall of the Western Roman Empire until the early medieval period saw Europe slip from the center of literature, art, and architecture, into an intellectual backwater ridiculed in the great universities of the Arab world. It took a thousand years for Europe to recover. Fortunately, the rest of the world moved on. But Europeans endured centuries of intellectual stagnation and religious repression until the hidden repositories of knowledge finally peeked out of the darkness in the 11th and 12th centuries.

The founders of the United States hoped they could create a country with all the best parts of Rome and none of the worst parts. I only wish they'd had more accurate histories of the Roman Empire so they could have seen how valuable learning for its own sake actually was.

The news doesn't pause

Speaking of loathsome, misogynist creeps, former Bishop of Rome Joseph Ratzinger died this morning, as groundbreaking journalist Barbara Walters did yesterday.

In other news showing that 2022 refuses to go quietly:

And just a couple of blocks from me, Uncharted Books will reopen next week after the state closed it down for failing to file a required sales-tax form. For months. They might want to fire their accountants for this, as the state requires every business that has taxable sales to file the "quarterly sales tax report" every 3 months. I hope their soon-to-be-former accountants also filed their income taxes...

Full of sound and fury, and Lionel Messi's retirement

Argentina just won the 2022 World Cup by lining up and taking free kicks at a French goalie in a fitting end to one of the most corrupt and deadly sporting events in history. At least the 2026 World Cup will take place in countries with (reasonably) strong institutions and existing infrastructure.

All the expense, the hype, the scandal, the drama...and in the end, it came down to penalty kicks. It's like having track meet decided by guys jumping one hurdle at a time, or by putting a guy on 2nd base at the top of the 10th inning in a desperate attempt to make baseball more exciting. (Oh, wait...)

France didn't win, but Argentina didn't either, really. Nor did the 6,500 dead construction workers, the athletes, the gay fans, or the 90% of the people living in Qatar who will never have citizenship because, like most petro-states, the Qataris have a form of Apartheid that FW de Klerk could only dream of.

So who really won this evening? FIFA officials, of course. The Qatari elite (for now; in 10 years they will look upon their works, and despair). The bribed European officials who didn't get caught. And probably Lionel Messi, who gets a better send-off this evening than Zidane did, I suppose.

The only appropriate response to FIFA is not to watch. Even John Oliver conceded as much, before admitting he'd watch. Everyone's individual choices make corruption on this scale work. I just wish people would internalize that.

But in Qatar, the lone and level sands stretch far away.