Just remember, they’re all, each and every one of them, “cop haters:”
The centerpiece of Cato’s strategic campaign to take down qualified immunity has been a series of targeted amicus briefs urging the Supreme Court to reverse its precedents and eliminate the doctrine outright. Since launching the campaign in March 2018, Cato has filed dozens of additional amicus briefs in our own name, but we have also organized a massive cross‐ideological alliance of public interest groups opposed to qualified immunity — what Judge Don Willett recently called “perhaps the most diverse amici ever assembled.”
To the extent I’m understanding this correctly, qualified immunity enables “rights‐violating police and other government officials” to do whatever the fuck they please as long as they haven’t been explicitly told they can’t do it.
Judge Don Willett, a Trump appointee to the Fifth Circuit, has explained how “[t]o some observers, qualified immunity smacks of unqualified impunity, letting public officials duck consequences for bad behavior — no matter how palpably unreasonable — as long as they were the first to behave badly,” and sharply notes that “this entrenched, judge‐created doctrine excuses constitutional violations by limiting the statute Congress passed to redress constitutional violations.”
But originality counts! Doesn’t it?
I’m not a fan of the Cato Institute. They’re capitalist libertarians, that is, what neoliberals were before they got into power and became even worse hypocrites.
But something I’ve noted for a long time is that capitalist libertarians are occasionally very, very good on constitutional issues. This might be one of those occasions.
Jay Schweikert and Clark Neily, “As Supreme Court Considers Several Qualified Immunity Cases, A New Ally Joins The Fight,” Cato, January 17, 2020, https://www.cato.org/blog/supreme-court-considers-several-qualified-immunity-cases-new-ally-joins-fight
Iraq and Iran
Capitalist libertarians are also one of a triumvirate of sometimes anti-war conservative tendencies; the other two are paleoconservatives and traditionalist conservatives. Of these, the traditionalists are the most consistent and, truly, scathing. Some paleoconservatives are neo-Nazis and white supremacists, so for at least some of them, race war would be okay and their opposition to war is to foreign war—if you believe in preserving your own segregated society, it hardly makes any sense to involve yourself in other societies. And capitalist libertarians are against war until they think another principle, usually entailing money, is more important.
This article is useful for an explanation of just how it is that Congress ceded the power to start wars to the president:
But, unless you’re willing to go full John Yoo and endorse “the president’s right to start wars,” imminence matters because the constitutional claim has to be based on self‐defense. Under Article II, the president retains some measure of defensive power, alternately described at the Convention as the power “to repel sudden attacks” or “to repel and not to commence war.” That power reasonably includes the use of force to avert an impending attack not yet begun. But as you move from shooting back, to addressing an immediate threat, to “deterring future Iranian attack plans” — or “re‐establishing deterrence,” as Pompeo put it this week — the self‐defense rationale disappears. If the Trump administration wants the general power to target Iranian military commanders as enemy combatants, it should make its case for war to Congress.
The trouble, of course, is that many such “immediate threats” have involved long-running wars: Korea, Vietnam, Afghanistan, and Iraq, that is, every major military encounter the U.S. has been involved in following World War II. Each of them was ill-advised; not one has ended in anything like victory. They are simply occasions for killing people and for spending vast sums of money on the military rather than for helping people as elites argue violently over which of them will control which territories, the people on those territories, and the resources within those territories. Which is pretty much what war is about.
Gene Healy, “On ‘Imminence’: Absence of Evidence is Evidence of Absence,” Cato, January 17, 2020, https://www.cato.org/blog/imminence-absence-evidence-evidence-absence
So I was mentioning about paleoconservatives above and the possibility of race war? Fuck, here it is, along with a helping of militia in general:
“The anticipation of violation of gun rights is common among militia groups more broadly — pretty easily seen in all the ‘molon labe’ patches worn by militia folks,” [Sam] Jackson said. (“Molon labe” is a classical Greek phrase meaning “come and take them.”) “Several novels that are important for the group depict war between Americans and the American government that begins with attempts at gun control.”
But beyond civil war, others expected to attend Monday’s rally are explicitly calling for a race war, in which white Americans will kill nonwhite Americans and Jewish people to establish a white ethnostate. Using the term “boogaloo” — a sarcastic reference to the 1980s film Breakin’ 2: Electric Boogaloo that implies a “Civil War 2” of sorts — users of online forums like /pol/ are using Richmond as the impetus for the beginnings of a race war. They use phrases like “fuck all optics,” a reference to the last post shared on the social networking site Gab by the Tree of Life shooter, which has become a motto of sorts for white nationalists.
I’m not seeing this rally so much as the start of a civil war as I am a harbinger of what may yet come. Though some militia movements are white supremacist, I generally associate them with authoritarian populism, and we are in a situation where I fear that the possibility that Donald Trump may be removed from office, either through impeachment or electoral defeat, may indeed provoke a very violent and heavily armed uprising.
Jane Coaston, “The Virginia gun rights rally raising fears of violence, explained,” Vox, January 17, 2020, https://www.vox.com/2020/1/17/21067627/virginia-lobby-day-gun-laws-extremism
Winter seemed finally to have arrived. I went out to my car yesterday to find three inches of snow on it. The snowfall amounts were weirdly variable. Even immediately adjacent cars didn’t seem to have that much and I hadn’t been on the road very long when I saw the snow was pretty thin on grass by the Allegheny County Airport. Areas north of the Monongahela and Ohio Rivers seemed barely to have received any at all.
There was more snow last night and a warning went up for snow and freezing rain today. These looked to be conditions that would make me pause before going out. But I have no choice: Thinking I was in a bit better shape than it turns out I was, I ordered bookshelves to accommodate the last of my book collection that my mother has been sending me from the west coast (it’s all here now). That’s a hit on my bank accounts.
As it turned out, it was just rain, which melted a lot of the snow that had fallen the last couple nights.
Natasha Lindstrom, “Storm to bring 1 to 5 inches of snow, dangerous travel conditions to Western Pa.,” TribLive, January 17, 2020, https://triblive.com/local/pittsburgh-allegheny/storm-to-bring-1-to-5-inches-of-snow-dangerous-travel-conditions-to-western-pa/
Since coming to Pittsburgh, I’ve been surprised that I haven’t seen more Amish. I expected to at least cross their territory on various trips. I haven’t.
The only time I’ve seen them, it was outside a hospital in Pittsburgh. They were recognizable by their plain dress and were standing around a trash bin, using it as a platform, eating. I don’t know their story.
From what I know of them, stories of normalized rape such as those presented here are most emphatically not the picture they would like the world to have of them. The ethical dilemma for me as a human scientist is two-fold: 1) Of course, these women need support and their assailants should face far harsher penalties than they are; but 2) how do we present Amish society such that it isn’t totalized as rape culture? It isn’t like “English” (the term used by Amish to refer to their non-Amish neighbors) society has such a wonderful a track record either.
Sarah McClure, “The Amish Keep to Themselves. And They’re Hiding a Horrifying Secret,” Cosmopolitan, January 14, 2020, https://www.cosmopolitan.com/lifestyle/a30284631/amish-sexual-abuse-incest-me-too/
Some things are a little too close to home. There is a substantial strain of capitalist libertarianism among denizens, especially the richer ones, of Silicon Valley. What we see with the “Silicon Valley Economy,” the gig economy, is the outcome of capitalist libertarians being absolutely certain they can get their way and acting accordingly.
My guess is that California’s AB 5 is a harbinger of what’s to come. It may not appear in precisely that form everywhere, but it will appear in something like that form in enough places that the non-viability of companies that rely on misclassification of workers will be pushed even further. But it’s going to take a while. And in the meantime, these capitalist libertarians will continue to be self-righteous as they extract ever more wealth from a very raw deal for workers.
Lia Russell, “The Silicon Valley Economy Is Here. And It’s a Nightmare,” New Republic, January 16, 2020, https://newrepublic.com/article/156202/silicon-valley-economy-here-its-nightmare