Category Archives: Op-Eds and other opinions

The pleasure of putting other people in the wrong

Some of you may remember the recent case of Mark Souder.  He was the latest in a string of Republican social conservatives to go down in a sex scandal (with a female staffer).  Pardon the pun, but it turns out one of our favorite deep thinkers, Michael Gerson, worked for him way back when.  Aside from cheating on his wife, turns out Souder's a nice guy or something, which leads Gerson to meditate on the meaning of morality:

Moral conservatives need to admit that political character is more complex than marital fidelity and that less sensual vices also can be disturbing. "The sins of the flesh are bad," said C.S. Lewis, "but they are the least bad of all sins. All the worst pleasures are purely spiritual: the pleasure of putting other people in the wrong, of bossing and patronizing and spoiling sport, and back-biting, the pleasures of power, of hatred. For there are two things inside me, competing with the human self which I must try to become. They are the Animal self, and the Diabolical self. The Diabolical self is the worse of the two. That is why a cold, self-righteous prig who goes regularly to church may be far nearer to hell than a prostitute. But, of course, it is better to be neither."

I think I agree with this stuff.  There is a lot more to morality than what one does with one's private parts.  And indeed, the "pleasure of putting other people in the wrong" is up there for me in the list of bad things. 

Gerson continues:

Yet moral liberals have something to learn as well. The failure of human beings to meet their own ideals does not disprove or discredit those ideals. The fact that some are cowards does not make courage a myth. The fact that some are faithless does not make fidelity a joke. All moral standards create the possibility of hypocrisy. But I would rather live among those who recognize standards and fail to meet them than among those who mock all standards as lies. In the end, hypocrisy is preferable to decadence.

I don't think anyone (serious) fits the description of "moral liberal" here.  The failure of self-righteous jerks like Gerson's former boss does not mean the values those self-righteous jerks hold are empty.  That's like a logical fallacy or something (play along at home–name that fallacy).  And I think attributing such sloppy thinking to non-existent opponents is a kind of "putting people in the wrong."  Moreover, it's just dishonest arguing.

But it gets worse.  Gerson seems to think that there is a stark choice–live among the inconsistent, but strident proponent of that old-time morality, or be a moral relativist.  He'd be first of alll hard-pressed to find moral relativists of the type he suggests anywhere.  Second, granted their existence somewheres, it doesn't follow that they are the only reasonable alternative to moral hypocrties.  That would indeed be a logical fallacy.  Can you guess which? 

h/t Alicublog

Gusher

So by now everyone knows that oil is being spilled into the Gulf of Mexico at a rate higher than 0 gallons.  That's bad for all involved.  What lessons do we draw from BP's epic failure to be regulated?  Let's ask David Brooks:

Everybody is comparing the oil spill to Hurricane Katrina, but the real parallel could be the Iranian hostage crisis. In the late 1970s, the hostage crisis became a symbol of America’s inability to take decisive action in the face of pervasive problems. In the same way, the uncontrolled oil plume could become the objective correlative of the country’s inability to govern itself.

Well if by "everybody" David Brooks means "everybody on Fox News and in the Right Wing think tanks David Brooks listens to," then, yes, everyone is comparing this unrelated thing to Hurricane Katrina.  In any case, the real parallel doesn't seem to be the Hostage Crisis either.  By all accounts, the Iranians had something to do with that (and it wasn't an accident).  (Funny thing: the other day George Will said that BP's failure demonstrates the failure of the regulatory system–rather than the failure of specific regulators). 

Brooks is drawing, I think, some pretty weird conclusions from the tandem failure of BP to control their own mess and of the government to make sure they don't make a mess in the first place.  What this fiasco tells me is this: BP ought to have to get some kind of permit and submit to some kind of honest inspection if they are to put everyone's oysters at risk. 

Indeed, perhaps it's time for the extreme socialism Obama has been advocating.

(For the humorless, the last sentence is a joke) 

Personal virtue

Charles Krauthammer wonders:

Here's my question: Why were we drilling in 5,000 feet of water in the first place?

Ooo, Ooo [note–how does one write that Horshack noise?] pick me: "because oil, an increasingly scarce, difficult to procure, and fundamentally dangerous commodity must be the basis of our energy policy."  Or perhaps I could put this another way:

 Conservation may be a sign of personal virtue, but it is not the basis for a sound energy policy

That's Dick Cheney, mocking the idea that our energy policy (in May of 2001) ought to consist entirely in fossil fuel procurement.  Anyway, it's echoed in Krauthammer's attitude toward environmentalism:

Many reasons, but this one goes unmentioned: Environmental chic has driven us out there. As production from the shallower Gulf of Mexico wells declines, we go deep (1,000 feet and more) and ultra deep (5,000 feet and more), in part because environmentalists have succeeded in rendering the Pacific and nearly all the Atlantic coast off-limits to oil production. (President Obama's tentative, selective opening of some Atlantic and offshore Alaska sites is now dead.) And of course, in the safest of all places, on land, we've had a 30-year ban on drilling in the Arctic National Wildlife Refuge.

That's right.  Blame those same environmentalists who have been saying, for quite a while now, that "conservation" (only one aspect, by the way, of the view mocked by Cheney–no one argued that conservation was the basis of a sound energy policy) is a public virtue–precisely because of spills such as these.  

*made some minor edits.

Strongly implies

Most of George Will's straw men are hollow men–enemies, usually "liberals" made up out of thin air, and made to hold views that would embarass a member of the communist party.  Today we are provided with a rare treat.  We can watch, almost in slow motion, the process of George Will-style straw manning.  We can see, in other words, how his dishonest mind distorts his opponent's words and then attacks them.  Today's column begins:

"Physician, heal yourself," said the founder of the church in which Roger Mahony is a cardinal. He is the Catholic archbishop of Los Angeles, and he should heed the founder's admonition before accusing Arizonans of intemperateness. He says that Arizona's new law pertaining to illegal immigration involves "reverting to German Nazi and Russian Communist techniques whereby people are required to turn one another in to the authorities on any suspicion of documentation."

"Our highest priority today," he says, "is to bring calm and reasoning to discussions about our immigrant brothers and sisters." His idea of calm reasoning is to call Arizona's law for coping with illegal immigration "the country's most retrogressive, mean-spirited, and useless anti-immigrant law." He also says that it is "dreadful," "abhorrent" and a "tragedy" and that its assumption is that "immigrants come to our country to rob, plunder and consume public resources."

The problem of illegal immigration is inflaming Mahony, who strongly implies, as advocates for illegal immigrants often do, that any law intended to reduce such illegality is "anti-immigrant." The implication is: Because most Americans believe such illegality should be reduced, most Americans are against immigrants. This slur is slain by abundant facts — polling data that show Americans simultaneously committed to controlling the nation's southern border and to welcoming legal immigration.

First off, note the classic ad hominem (tu quoque variety) flavor to the piece–"physician heal thyself" (but you haven't ha ha ha).   More basically, note that Mahoney (who shares a name with my cat), is talking about discussions of immigrants, not the particular immigration law in question.  For Mahoney, and for any third grader who can read his blog (he's got a blog), you can tell that he is referring to the general topic.  That may be a minor quibble, anyway.  Because the real distortion comes next. 

The clue to this is the twice-used "implication."  Now Will ought to know that the good Cardinal is not likely to make the claim that any law intended to reduce immigration is anti-immigrant simply because this one does.  That would be something like illicit subordination–concluding the universal proposition from the particular.  Ergo–that's Latin–the inference that most Americans are against immigrants does not follow from what Mahoney said. 

But the straw-manner is dishonest, and his objective is to close out the discussion of the opposition on their chosen position, and instead force them to defend, retract or respond to a weaker one.  Whatever they do–and I really don't know what the best way to reply here is–Will's monological tactic wins.  He controls the forum–the newspaper column–he can distort as much as he wants–until, of course, some adult at the Washington Post grows a pair. 

Those fine men and women

In the category of "strange things people say" (not a category here by the way), here's George Will on Arizona's new immigration law:

Non-Hispanic Arizonans of all sorts live congenially with all sorts of persons of Hispanic descent. These include some whose ancestors got to Arizona before statehood — some even before it was a territory. They were in America before most Americans' ancestors arrived. Arizonans should not be judged disdainfully and from a distance by people whose closest contacts with Hispanics are with fine men and women who trim their lawns and put plates in front of them at restaurants, not with illegal immigrants passing through their back yards at 3 a.m.

Mysterious.  Read the rest for the usual ad hominem and parade of straw men.

Are you my life-choice supervisor?

The "you're not the boss of me" objection goes like this: pick some not unreasonable but not universally liked behavioral prescription, object to it by saying, "you're not the boss of me."  Trust me, it's how you have a mature, well-informed, and honest debate about, say, public health. 

Some so-called Medical Doctors have suggested that eating certain kinds of foods (Super-sized Salted Salty-O's, for example) will turn you into a health care nightmare.  But this is America.  To ruin your own health, out of ignorance, seems to be some kind right.  You have a right not to have someone inform you about the relevant facts of your life choices.  Or so argues Michael Gerson:

Following the passage of Democratic health-care reform legislation, President Obama assured the country that it was a "middle-of-the-road, centrist approach" instead of an intrusive, government power grab. But the government seems incapable of resisting the nannying impulse that undermines this claim.

So health reform includes a 10 percent tax on the use of indoor tanning beds. (Someone needs to stop this slow-motion Chernobyl.) The law also requires fast-food restaurants to post their calorie counts at the drive-through window, lest anyone be under the impression that a Big Mac is health food.

Recently, Rep. Henry Waxman (D-Calif.) called for a ban on chewing tobacco in major league baseball. A lawyer for the players' association said, "We can go back to the players and say, 'Congress feels strongly about this. You ought to think about it. Look what's happened on other issues Congress felt strongly about.' " And concerned scientists raised the prospect of legal limits on the salt content of processed foods. There is safety in blandness.

Most symbolically, this year's White House Easter Egg Roll pointedly did not include the distribution of teeth-rotting, obesity-inducing candy. "Every goodie bag," according to one account, "was stuffed with pre-screened fruit, and the grounds were filled with exercise stations." One can only imagine the joy on young faces when they got their apple and their workout.

I can hardly be called a libertarian. Legalizing drugs is a foolish idea because addiction robs people of liberty. Restaurant smoking bans have improved my life and my appetite. But freedom implies some leeway for personal risk and minor, pleasurable foolishness. Democrats in particular seem to be afflicted with Mary Poppins Syndrome: They will not rest until Americans are practically perfect in every way.

I think informing people about the undeniable realities of their food choices–a Big Mac contains 576 calories–could hardly be called an attempt to make Americans perfect in every way.  Rather, some might argue (me for instance), that industries such as BIG COLA and BIG BURGER want to make people ignorant of the consequences of their choices.  Even a libertarian–a consistent one-would have to admit that it's a good thing to know what your food contains. 

But no–such efforts amount to nagging:

This tendency has added relevance because of the passage of health-care reform. When the provision of health insurance to every American becomes a direct responsibility of government, nearly every health matter becomes a public matter. Why not regulate tanning at beaches? Wouldn't mandatory, subsidized sunscreen save billions in health costs? Why not a jelly doughnuts tax? Why not make saturated fat a controlled substance? Shouldn't children on tricycles be required to wear safety helmets?

For some of us, the problem is not the tyranny but the nagging. As the public role in health care expands dramatically, health-care controversies become politicized. The health enthusiasms of a president, an influential congressman or an interest group can become public policy or public pressure. After all: "Look what's happened on other issues Congress felt strongly about." 

Such things always have politicized.  And when people advocate consumers be provided with more information, we get the same, childish argument.  No, no one is the boss of Michael Gerson–he can have a Big Mac whenever he wants.  

The group of non group members

The other day we were treated to the poorly reasoned opinions of culture warrior and disgraced former House Speaker Newt Gingrich on Christian Legal Society versus Martinez.  Today there is a much more thoughtful discussion (by law professor Jonathan Turley), though one which reaches the same basic conclusion as Gingrich.  A reminder again of the main issue:

The case, Christian Legal Society v. Martinez, has the potential to resolve a long-standing conflict between two of the most cherished American traditions: equality and nondiscrimination on one hand and the free exercise of religion on the other. The United States has taken great strides in recent years to protect people from discrimination — including hate speech, unfair hiring practices and unequal treatment under the law. But to some, such gains in equality have come at a price. Religious groups that discriminate — confining their membership to the faithful and those who share their views — say they are being penalized.

This specific controversy began at Hastings, part of the University of California, when CLS members asked to become a registered student organization. With that designation, the group could apply for certain funding, send mass e-mails to the student body and participate in an activities fair, among other perks. Hastings said no. The school concluded that because the CLS bylaws barred non-Christians, gays and non-celibate students from serving as officers or voting members, the group violated the school's ban on discrimination "on the basis of race, color, religion, national origin, ancestry, disability, age, sex or sexual orientation." The CLS could still meet on campus but could not be a registered club unless it opened its membership to all, even those who didn't subscribe to its beliefs. The group challenged the school, and lower courts supported the Hastings policy as a neutral rule applying equally to all groups.

Members of the American Philosophical Association recently debated whether it ought to post job announcements without comment for schools (usually conservative Christian ones) that violate the APA's policies on discrimination against homosexuals (and others) in hiring.  As the debate was among philosophers, hilarity ensued.  See that discussion here.

Turley's argument is ultimately a pragmatic one–the state's interest in fostering association ought to override its concerns about discrimination in particular cases of associating.  This is not an unreasonable position, but I still think it's weak.  He writes:

CLS v. Martinez is a close and difficult case. The court has to weigh fostering diversity of views vs. combating discrimination. The nation benefits when citizens form groups and advance their ideas. Tax-exempt status is even given to groups to encourage association and free speech — important pillars of our society. We cannot pick and choose between groups if we are to allow for pluralism.

The same is true with college groups. A campus offers a cradle of free speech where students can form organizations that foster the exchange of ideas and values. Supporting such groups should not be viewed as endorsing their beliefs but rather as encouraging associations. And as the court stated in Roberts v. United States Jaycees in 1984, "Freedom of association . . . plainly presupposes a freedom not to associate."

While there are strong arguments for upholding the Hastings policy, the CLS was effectively denied recognition because of its religious views — a troubling practice that could easily extend to other groups. For example, some Muslims following Wahabi principles insist that women must be covered and sit separately from men. Likewise, some Orthodox groups such as Hasidic Jews mandate areas divided by gender and require strict dress codes. To insist that Wahabi or Hasidic groups allow anyone to join, including gay and non-conforming members, would create an obvious problem.

Schools can still adopt a nondiscriminatory policy by funding either all or no student groups. That was the choice the Supreme Court gave the University of Virginia in its Rosenberger decision in 1995, after the school refused to pay for publications for religious organizations on campus: Fund all or none.

The question in the current case is where to draw the line. Schools such as Hastings are legitimately barred from discrimination in hiring and promotions. However, barring student organizations based on their religious views puts the state in the position of bestowing favored and unfavored status on groups.

We need to accept that certain forms of government support are meant to foster associations generally and should not turn on the insular views of any particular group. For example, tax exemption should aim to encourage citizens to participate in our society through groups that deepen public debate. These associations not only help individuals define their own values, they also protect the pluralism that defines our nation.

Such neutrality does not mean discrimination is a protected religious right, allowing the faith-based Ku Klux Klan, for example, to engage in public acts of racial hatred. Groups can still be punished for criminal threats, and laws still prohibit discrimination based on race, gender and national origin.

I think we end with a red herring here: no one has suggested CLS has criminal intentions, and we can suppose that the usual criminal laws apply.

The question is another one: does the university have to fund religious groups that discriminate on the basis of sex, race, sexual orientation, gender and so forth?  That's what CLS wants to do.  And therefore an affirmative response for CLS means that discrimination is a protected religious right.

 If CLS wins, then they can engage in "public acts of discrimination" on the basis of sexual orientation (would that be "public acts of sexual orientation hatred"?): imagine the group email on the law school listserve: "come and join CLS as we pray away the gay–no gays or fornicators allowed."

I wanted to make history

Here's an entertaining misuse of an argument schema (or topic as they were once called):

KRAUTHAMMER: It’s only nine times the length of the Gettysburg Address, and Lincoln was answering an easier question, the higher purpose of the union and soldiers who fell in battle. The president had an easy answer. He could have said I wanted to make history with health care and to do it I have to raise your taxes. … End of answer.

He's talking about Obama's response to a question about health care and taxes–a response that went 17 minutes.  Aside from the fact that Krauthammer's argument just blows, as the Gettsyburg address wasn't a response to a specific question about policy, the form of this argument is ludicrous.  Imagine–every policy matter less important than the preservation of the Union (or the tyranny of Northern aggression, depending on your viewpoint) must be discussed for a time commensurate with its relationship to the Gettsyburg Address.

Hobgoblin

Too much of our critical political discourse depends on one single virtue: consistency.  This is why Pat Buchanan, a man who writes articles (I am not exaggerating) in praise of Hitler–is a kind of pundit saint.  Since consistency matters, and consistency depends on memory–or rather, detecting someone's inconsistency depends on remembering what she's said in the past, let's have some fun with our favorite son on an economist, Robert Samuelson.  Samuelson, is like the captain bringdown of the Post editorial page.  He's got a droopy mustache, a dour expression, and he poo-poos just about everyone who tries to do something about something–environmentalists are dumb and self-indulgent for buying Priuses!. 

For a while–for those who remember–Samuelson been poo-pooing Obama's "self-indulgence" on health insurance reform.  A more competent rhetorical analyst, by the way, might have fun with the way he always goes ad hominem on Obama–treating his own impoverished and uncharitable image of Obama rather than Obama's stated positions (he even admitted once that this was his own problem).  But it's worthwhile to poke fun at Samuelson's priorities.  Way back before we spent 700 plus billion dollars in Iraq, chasing what turned out to be an easily uncovered deception, here is what Samuelon wrote:

A possible war with Iraq raises many unknowns, but "can we afford it?" is not one of them. People inevitably ask that question, forgetting that the United States has become so wealthy it can wage war almost with pocket change. A war with Iraq would probably cost less than 1 percent of national income (gross domestic product). Americans have grown accustomed to fighting with little economic upset and sacrifice.

Pocket change.  In reflecting on this piece (called "A War We Can Afford") Samuelson wrote:

Yes, that column made big mistakes. The war has cost far more than I (or almost anyone) anticipated. Still, I defend the column's central thesis, which remains relevant today: Budget costs should not shape our Iraq policy. Frankly, I don't know what we should do now. But in considering the various proposals — President Bush's "surge," fewer troops or redeployment of those already there — the costs should be a footnote. We ought to focus mostly on what's best for America's security.

When it comes things that are actually real, on the other hand, Samuelson is skeptical:

When historians recount the momentous events of recent weeks, they will note a curious coincidence. On March 15, Moody's Investors Service — the bond rating agency — published a paper warning that the exploding U.S. government debt could cause a downgrade of Treasury bonds. Just six days later, the House of Representatives passed President Obama's health-care legislation costing $900 billion or so over a decade and worsening an already-bleak budget outlook.

900 billion?  That figure is almost exactly what we've spent in seven years of war.  Weird.  But this time cost is all that matters.