Thursday, October 07, 2021

Three Feet Shorter

When the Supreme Court upheld an affirmative action program at the University of Michigan Law School as pursuing the compelling state interest of "racial diversity", Justice Scalia was scornful. The values of diversity -- inclusivity, tolerance, learning to work with people across differences -- were best taught to students "three feet shorter and twenty years younger" than the typical law student.

Four years later, though, when the Court in the Parents Involved case considered programs securing racial diversity in primary and secondary schools, this logic disappeared. It turned out that Scalia and the conservatives didn't want to inculcate these values at a younger age; they just didn't want them inculcated at all.

I was thinking about this upon reading Ayaan Hirsi Ali's fusillade against "critical race theory" in primary schools. The scare quotes are appropriate, since as Ali concedes, the racial justice initiatives she objects to in primary education do not go by the name "critical race theory" even as the right labors feverishly to place them under the label. In a truly spectacular leap of logic, that the right calls things "critical race theory" that are not "critical race theory" is not evidence that they're simply making things up, but rather is demonstrative of the theory's proponents showing a "remarkable ability to shape-shift".

But I digress. Ali's main argument is that affirmative action programs have been "clear failure", listing off a bevy of racial inequalities that still exist in the fifty years following the civil rights revolution. Of course, the crit would suggest that this shows the problems of racism in America run deeper than a few diversity initiatives can fix; and even the non-crit might find it odd to see evidence of ongoing racial inequality mustered as proof that we need to think less about matters of racial inequality. But Ali, ever the iconoclast, puts the entirety of the blame on affirmative action itself -- specifically, Richard Sander's "mismatch" theory. Leave aside the various criticisms one might have of that theory. Its core logic is that, by the time we reach the point of a collegiate affirmative action program, it's too late to undo the failures of the primary educational system to provide the foundations and skills necessary for students of color to thrive in elite university settings. The intervention occurs too late in the day.

So the obvious implication is that we should be investing our energies earlier in the process -- concentrating on students when they are twenty years younger and three feet smaller. And yet, it turns out, Ali -- like her fellow conservatives -- doesn't support this either. In fact, they're even more enraged when the persons concerned about racial inequity begin focusing on the primary rather than the collegiate level (even though the "mismatch" arguments that nominally undergirded their objection to the latter have no relevance to the former). The objection, it turns out, has nothing to do with the when, but is entirely about the what: an ideological opposition to trying to dismantle racial inequalities in education -- no matter how tall or short the students may be.

Wednesday, October 06, 2021

The Constrained Constitution and the SALT Deduction

Yesterday, the 2nd Circuit rejected several states' challenge to the elimination of the "SALT" (State and Local Tax) deduction from federal income taxes (basically, allowing you to deduct state tax payments from your federal income). The elimination occurred under the Trump administration, and it was a savvy play -- it mostly affects "blue" states (which tend to have higher state taxes), and it mostly affects wealthy residents of those states (who pay the most in state and local taxes). One would not be wrong to suspect that the former concern predominated over the latter in terms of the Trump administration's logic.

Nonetheless, the Trump administration's potentially venal motives do not themselves make out a constitutional violation, and the Second Circuit here found none. That was so even though, as Jonathan Adler observed, from a purely partisan perspective the states drew a very favorable panel. It didn't matter -- there's no basis in the constitution for why any particular state is entitled to a particular tax regime, so the blue states lose.

I actually am, however, a bit curious as to how conservative legal observers explain this outcome by liberal justices. We often hear that only conservative-style originalism serves to "constrain" judges and prevent them from simply voting their partisan preferences. Yet these judges are not conservatives and, it seems fair to assume, were likely not fans of the Trump administration's gambit here. So what caused them to nonetheless reject the suit? The answer has to be something that constrains liberal judges from merely voting their policy preferences (at least some of the time) -- but the originalist/textualist apologia typically denies that said "something" can exist.

Monday, October 04, 2021

Billions Thoughts

But not quite billions of thoughts. Anyway, some spoilers for Billions, which just wrapped its (split) season five today.

  • The terms "pro-" and "antagonist" don't mean much on Billions, but whatever Mike Prince was this season -- foil? -- he never quite sold me. Rebecca Cantu was better. I do think, however, that Prince was well set up to be a good antagonist (fine, I'll use it) next season. Him trying to operate the remainder of (the former) Axe Capital from inside the belly of the beast is at least a new plot beat.
  • Didn't fully catch how it was the Wags beat his criminal rap (yes, they said he never signed the paperwork -- but was that just made up? Did they forge something? It seems everyone just gave up kind of quickly on that).
  • Not quite sure I get what they're going with re: Taylor's character arc. Is the idea that they're struggling to hold onto their humanity? Their idealism? Why did they suddenly seem so torn up about (seemingly) successfully taking down Axe? I don't know. The belated advice to Rian ("run") didn't really land for me, and Rian herself isn't a well-developed-enough character for it to matter that she seemingly decided not to "run".
  • Billions sometimes has a habit of seemingly forcing characters off the show suddenly and without much logic. See, e.g., Sara and Lauren -- both of whom I consider to be regrettable departures. (And yet, somehow, Spyros survives).
  • On that note: if Dollar Bill and Mafee "teaming up" and leaving Axe Capital means next season will involve the exciting side adventures of Bill and Mafee (and hopefully Bonnie too), I'm all for it. If it means they're being written off the show, I'm absolutely furious. Mafee is my favorite! I just want him to be happy.
  • I know we checked in on Axe's kids at boarding school earlier in the season (when Axe got so caught up in his own head about "winning" that he unknowingly but brutally snuffed out the faint speck of conscience in his own son), but man are they ever an after thought. At least Chuck's daughter got a nice moment in the omelette scene. I actually think this show is worse without Lara.
  • As a law professor, I hated -- hated -- everything involving the law teaching and law students at Yale. Let us speak of it no more.
  • I'm torn on the Axe/Wendy romance, and it's the opposite of what typically happens in shows like this. Normally, a show with this much interaction between a male and female lead eventually tries to force a will they/won't they, even if there isn't real chemistry between them. Here, even though I objectively prefer and find genuinely interesting their deep platonic/professional bond, there's undeniable chemistry between Axe and Wendy -- the show wasn't just pulling it out of air.
  • Still waiting on a truly pure, juicy, Sacker storyline.
All in all, Billions remains one of my favorite shows on television right now, and I can't wait for the quick turnaround to season six (January 2022)!

Thursday, September 30, 2021

Softcore Holocaust Denial is the Best Form of Allyship, Say Republicans

The eminent Holocaust historian Deborah Lipstadt introduced a very useful term into our lexicon when she spoke about "softcore Holocaust denial". Regular, or hardcore, Holocaust denial, is exactly what it sounds like: it claims the Holocaust didn't happen, period. Softcore Holocaust denial, by contrast, concedes that something bad happened, but seeks to minimize it. The most typical form of softcore denial is by spurious analogies -- whenever some minor public inconvenience (or even significant injustice that nonetheless falls far short of systematic genocide) is asserted to be "just like the Gestapo" or "the new Nazism", that's softcore Holocaust denial. 

Softcore Holocaust denial a form of denial because it contests and undermines the actual gravity of what happened. It has to, because once actually engages unflinchingly with the Holocaust was it is impossible to compare it to being insulted on Twitter or having your speech canceled at a public university. These things may be wrong,* but they are not the Holocaust, and the only way to allege they are the Holocaust is to willfully deny what the Holocaust actually was. Of course, the whole purpose behind softcore denialism typically is to preserve and appropriate the emotive gravity of the Holocaust and transport it to a different political context which cannot, on its own two feet, generate such weighty affect. The end result is to sap the Holocaust of its moral force, since it is now reduced to, at "worst", the sort of ordinary trials and tribulations that are a regular part of many people's political experience. But since softcore denialists are usually non-Jews, this is a "cost" they are more than willing to accept.

All of this is a run up to events in Anchorage, Alaska, where we had another iteration of 2021's most popular form of softcore denialism: comparing mask mandates and vaccination policies to the Nuremberg laws. As always, Jewish groups are unhappy to see this utterly spurious and outrageous comparison. And also as always, Republican politicians are defending themselves by lecturing Jews that actually they're doing us a solid:
“We’ve referenced the Star of David quite a bit here tonight, but there was a formal message that came out within Jewish culture about that and the message was ‘Never again,’” [Anchorage Mayor Dave Bronson\ said. “That’s an ethos. And that’s what that star really means is, ‘We will not forget, this will never happen again, and I think us borrowing that from them is actually a credit to them.”

This is the face of modern antisemitism: gratuitously insulting Jews, then when called on it explaining that the insult actually is the product of the fondest of friendship. It's even worse than "I have Jewish friends" -- the antisemitic act is what supposedly establishes the friendship.

The only analogue I can think of on the left is folks who categorically deny that any form of anti-Israel discourse can be antisemitic and then respond to criticism by declaring that "what's really antisemitic is falsely conflating Israel with the Jewish people," like their denialism is doing us a great favor. The antisemitism is the allyship. It's grotesque. But one sees it more and more often, and it is positively epidemic among conservatives who simply refuse to listen to Jewish voices telling them just how offensive it is to compare COVID restrictions to Nazism.

* Of course, a huge swath of what is regularly compared to the Holocaust are not even wrongs of lesser gravity, but not wrongs at all -- COVID restrictions being a prime example.

Wednesday, September 29, 2021

Upcoming Mini-Symposium on Antisemitism

Michigan State University is hosting a mini-symposium on antisemitism next Friday. The panelists include David Nirenberg, Eric Ward, Ethan Katz, Cary Nelson, Saba Soomekh, and myself. And while it originally was meant to be an in-person event, it has moved to a remote format, so everyone can pop in!

The first panel (the one I'm on) is at 9 AM central, and the second is at 1 PM central. Hope to see you there!

(To register, click on "Press here for Zoom link", and it will take you to a registration page).

Sunday, September 26, 2021

If Even the Lochner Court....

The West Virginia Attorney General has issued an opinion decrying the legality of vaccine mandates, vaccine passports, or basically anything that would keep West Virginians alive during a pandemic.

At one level, it is a sterling example of the GOP's descent into the death cult: targeting not just state vaccine mandates, but also any decision by private businesses to require vaccines (whether of employees or customers). Any of these, we're told, violates state law, the state constitution, federal law, the federal constitution, and one has to presume natural law and probably the mythical HIPPA as well.

But that's not what I caught my eye. In the midst of the "throw everything at the problem" analysis, there was this attempt to indict Jacobson v. Massachusetts, the 1905 case where the Supreme Court famously upheld Massachusetts' vaccine mandate. On that note, the Attorney General writes:

Decided the same year as the now-repudiated decision in Lochner v. New York (1905), the case seems out of step with our country's present understanding of the Bill of Rights.

What is the cite to Lochner doing there? While it is nice that Lochner remains anti-precedent even on the right, the reason Lochner is a constitutional dirty word is that it marks the apogee of the Supreme Court exercising minute oversight over state health and safety regulations in order to ensure they "comply" with the Court's own political philosophy of "freedom of contract". The Lochner-era Court upholding a state health law in the face of a "liberty" challenge is like a Jim Crow Court deciding that a form of interrogation is too brutal to use on a Black murder defendant: if the argument is too much for them, then there really is no saving it. That Jacobson, even in the Lochner era where the Court was happy to strike down any "liberty" infringement at the barest glance, nevertheless upheld the vaccine mandate, shows how robust that decision is.

What is true that Jacobson predates the line of cases that firmly entrenched a personal liberty interest in matters of "bodily autonomy". You may have heard of these cases -- Roe and Casey are the two most prominent, and dollars to donuts West Virginia is trying its mightiest to see them overturned. But as much as folks might love the "my body my choice" gotcha, those cases do not extend to some general right to infinite medical choice (see Washington v. Glucksburg). The fact is that vaccine mandates -- and certainly the ability of private businesses to choose them if they want -- are well-entrenched in American law. And let's be clear -- the assault we're seeing on them from red states can't cabin itself to COVID. It threatens vaccination regimes for measles and mumps and all the other diseases that we've made great strides in eradicating because we've had (survey says!) a vaccine mandate for schoolchildren for decades now.

Just as the Constitution does not enact Mr. Herbert Spencer's Social Statics, it also doesn't enact compulsory enrollment in the GOP's death cult. Or so seems obvious. But, to quote the head of an ex-President:







Thursday, September 23, 2021

Too Big To Fail (at a Coup)

Tell me where Adam Serwer is wrong here:
Those who attempted to subvert democracy have faced few political or legal consequences. As is typical, some rioters are facing prosecution while the elites who tried to overthrow the election through more bureaucratic or procedural means remain in good standing with their peers. The failure to impose accountability for an attempt to overthrow the constitutional order will encourage further such efforts.

Meanwhile, those rare Republicans who did stand up against this attempt to destroy American democracy are the only ones dealing with real political consequences from their party, facing primary challenges, being forced into retirement, or being stripped of their leadership positions. Republican officials who were unwilling to use their office to overturn the election results are seeing challenges from Trump devotees who will, should the opportunity arise again.

If Trump had succeeded, many of those downplaying the former president’s actions would today be rationalizing an American coup.

Not only is this right, it is inarguable. The biggest lessons from January 6 are (1) in the political sphere, elite conservatives have near-infinite layers of insulation from consequences, no matter how far they stray blitz across the line of democracy and rule of law and (2) there is no illiberal, anti-democratic, or unlawful act taken by Trump and his lackeys which -- after a two or three week cooling down period -- elite conservatives will not find it in themselves to rationalize, explain away, or contend that "Biden/Harris/Clinton did the same thing, but worse." Minor nobodies may be sacrificed here and there, but if you get big enough in the right-wing ecosystem, it is impossible to fall from grace (unless you do the truly unthinkable heresy of standing against Trump for any reason on any subject).

#TeamVaccineNanoBot

As of today, approximately two-thirds of Americans have received at least one COVID vaccine shot. I am, of course, one of them (fully vaccinated), and thus far George Soros' nanobots have not rewritten my genetic code to turn me into a zombie-servant of Silicon Valley (that we know of!). Maybe it's still to come.

But here's the thing for all you vaccine-resisters out there. We're down to two alternatives. Either it is the case that -- as is suggested by literally 100% of all available evidence -- the various catastrophic consequences of vaccination, up to and including becoming a mindless drone reprogrammed by Bill Gates' microchips, are not going to happen. Or, the majority of us already are 'chipped and ready to rumble, and you might as well join Team Vaccine Nanobot while the getting is good. With two thirds of America already onboard, what do you think will happen to those backing the losing horse?

Either way, get your vaccine already. It's a no-lose bet!

Tuesday, September 21, 2021

Breaking: UC-Berkeley Students Protest Against Allowing Israeli Politician To Speak on Campus

A petition -- launched by a UC-Berkeley student organization, and now with ~8000 signatures -- demands that the UC-Berkeley admin "take action" to prevent a former member of the Israeli Knesset from delivering a presentation on campus

While purporting to "fully support freedom of speech," the activists contend that "we stand against hateful indoctrination and explicit lies being sold to an audience at an academically sponsored event." Hence, the petition demands that the faculty member who invited the speaker be "held accountable", insisting that campus officials must take "immediate administrative action" against him and to ensure that the Israeli speaker is not given "an academic platform to spew her propaganda". "If no action is taken immediately," the petition states ominously, "we will have proof that our university does not care about its academic, intellectual, and moral standards."

Of course, such protests against permitting Israelis to speak on campuses like Berkeley perhaps does not surprise certain readers, who have heard tale of an emergent campus culture of censorial illiberalism, perhaps particularly when it comes to Israel and Israelis.

But I do wonder how many of those unsurprised readers might be a little surprised to learn that the Israeli politician in question is Haneen Zoabi,* and the student group seeking to bar her from campus is (the right-wing pro-Israel group) Tikvah. Apparently, the movement to obstruct engagement with (certain) Israeli perspectives runs deeper than we thought!

* I am, needless to say, no fan of Zoabi, and I am likewise no fan of the faculty member who invited her to campus or his assessments of who is and isn't a useful contributor to academic discourse. But my belief in academic freedom as ensuring an unqualified right for campus community members to host and engage with speakers of their choosing, free from any de jure or administrative sanction, is not tied to my personal agreement or disagreement with any given speaker. I am not an especial fan of Nir Barkat either, but I understood the attempts to shut down his talk at San Francisco State for what they were. And, to the extent the claim is that Zoabi's talk is not balanced by other academic offerings at UC-Berkeley that provide a different vantage point on Israel, that is flatly spurious -- Berkeley has one of the largest and most vibrant Israel Studies programs in the country, recently supplemented by a $10 million gift, and offers a wealth of stellar programming -- from talks to courses to study-abroad programs -- on Israel-related issues from a variety of perspectives.

(For the record, this petition is from a few years back -- I thought it looked familiar! -- but it nonetheless is illustrative of how the wheel turns on these sorts of things).

Thursday, September 16, 2021

Bye Bye Nine Nine

*Spoilers*

Brooklyn Nine Nine had its series finale today.

Jill and I have watched the show from the beginning -- we were hooked from the first TV ads featuring "Detective Right-all-the-time" and "Detective Terrible Detective" (as opposed to you latecomers who only got onboard after "I Want It That Way"). It was a stellar show, no question about it, and I am sad to see it go.

This final season was a bit rocky -- I think everyone knew it would be, as they revamped the season entirely following the protests over George Floyd's murder. They didn't take my advice on story arcs, though Rosa did indeed leave the force. And at some level, the last season did in some ways reinforce the semi-popular narrative that all cop shows are "copaganda" -- precisely because it did try to tackle injustice and abuse in policing seriously (or at least, as seriously as a comedy program could).

The penultimate episode, where Jake gets suspended from the force, is what sealed it. Objectively speaking, what happened in that episode was what should have happened in every wild and wacky plot Brooklyn Nine Nine did throughout its entire run. All of Jake's fantasies about living out Die Hard or Speed or any other old cop movie staple completely blew past the fact that he's living a fantasy while being an armed state agent in a world of real people. Of course it would be irresponsible, of course it would mean innocents get caught up and hurt. The reason these things work on TV-land is partially because of suspension of disbelief, partially because every bone in our narrative-driven bodies expects some twist or turn that vindicates Jake after all. Even in this episode, where it was obvious that such a "twist" wouldn't be coming, one still felt the dissonance -- once it became clear that the episode would finally play it straight for once, it all just felt wrong. In a world where the potential for adverse consequences were real, Jake stops being a funny, I-don't-wanna-grow-up enthusiast, and just is a completely irresponsible jerk. A show that didn't make the police look good just wouldn't be fun.

All that said, the series finale itself did a stellar job bringing the show in for a landing. Jake leaving the NYPD to become a stay-at-home dad was exactly how the show should have ended -- him finally learning how to grow up indeed. Getting one last heist episode was a must, and it is incredible how the show managed to keep that concept fresh over eight iterations (Hitchcock winning, and winning in the most uncreative way possible -- he just paid Bill $40 for the trophy -- was fabulous). It was nostalgic and funny and reunifying in all the best ways -- really, a pitch perfect way of saying goodbye. Unlike, say, The Good Place finale, which was excellent but also wrecked my soul, I could actually watch this episode again. Arguably, it was the best episode of the entire season.

And so, if we do have to say goodbye, this was the episode to do it. We got to see most of our favorite characters one more time, having fun, doing what they love, being extra -- and it does help that the heist is completely divorced from actual police work, so the undertone of abject irresponsibility is lessened enough so that it can be comfortably ignored.

Ultimately, Brooklyn Nine Nine almost certainly would have been eclipsed by the politics of the time if it wasn't just too good to dismiss. That is to the tremendous credit of the actors, writers, and showrunners who made it great. From day one, it proved itself far better than a vehicle for Andy Samberg to get wacky. It demonstrated the incredible comedic chops of dramatic actors like Andre Braugher, and made folks like Terry Crews and Stephanie Beatriz into genuine stars (though lord knows whether Beatriz will ever be able to move beyond her "Rosa voice" -- fun fact: I'm pretty sure "Rosa high on cold medicine" and "Rosa sarcastically chipper" is just Stephanie Beatriz speaking normally).

So, one last time -- Nine Nine! (NINE NINE!)

Tuesday, September 14, 2021

On a Certain Genre of Journalism-Apologia from Tablet to the Nation

Yesterday, YIVO held a panel on "The Jewish press today", featuring top editors from the Forward, JTA, and Tablet Magazine. In the run-up to the panel, I suggested that the Tablet editor, Alana Newhouse, should be sharply questioned on why they continue to publish Liel Leibovitz. This was in the immediate wake of his article decrying synagogue COVID restrictions as a form of idolatry, but that was hardly his only offense, nor were Tablet's dodgy journalistic choices limited to Liel. Remember their alarmingly chummy interview with the infamous antisemite Kevin MacDonald? Or Lee Smith calling arrested 1/6 insurrectionists "political prisoners"? Or the article on California Ethnic Studies that highlighted a completely fabricated antisemitic quote?

In any event, I thought that, on a panel dedicated to the Jewish press, Tablet's representative should be asked about whether her choices adequately met the standards we should expect out of Jewish (or any) journalism. I wasn't alone. But I also got pushback. One of my longtime readers thought Newhouse would have an easy response to me:

"[In my opinion] she will tell you that she publishes a wide variety of opinions from various parts of the political spectrum and she doesn't believe in censoring voices bc leftists want a veto, and [in my opinion] she will be correct in saying so."

I suspect this is correct -- that is how the response would have gone. In a different article addressing yet another Tablet/Leibovitz journalistic controversy (where he accused the Forward of having "lost [its] mind" for reporting that Trump admin official Sebastian Gorka had ties to Hungarian neo-Nazi groups), Newhouse waxed lyrical on precisely these points. The backlash to the Gorka piece was reminiscent of "Stalinism", and no, they would not give in. She urged readers not to "isolate yourself inside an echo chamber where the only views you engage with are the ones you currently hold. Choose to read writers and publications that challenge your own biases—even, or especially, if your goal is to sharpen the overall positions and loyalties to which you already feel existentially committed." Tablet's critics "want to control ... what is permitted to even get close to our brains, because we can’t be trusted to think or feel for ourselves." But they will not yield in kowtowing to orthodoxy, or the demand that they limit the full diverse range of opinion expressed on their pages.

This move is of a certain genre, and the fellow-travelers in it are familiar with the lyrics. Bari Weiss' fiery resignation letter to the New York Times quoted Adolph Ochs' prescription that the editorial page be "a forum for the consideration of all questions of public importance, and to that end to invite intelligent discussion from all shades of opinion"; she decried a new "orthodoxy" which silenced any view that deviated from that of a rarefied elite. She had, immediately prior, written that if the Times refused to publish Arkansas Senator Tom Cotton's "send in the troops" editorial, it was effectively saying that "the view[s] of more than half of Americans are unacceptable." Agree or disagree, Cotton is representing a real perspective that needed to be grappled with.

One hears the refrain eloquently presented in the Harper's Letter, and far more crudely presented in the self-labeled knock-off "Jewish Harper's Letter", and echoed in every lamentation that free speech has been supplanted by cancel culture. I won't belabor the point -- the genre is familiar. But I do want to flag one more example I came across today, relating to The Nation's hiring of Mohammed el-Kurd as its new Palestine correspondent.

I have only passing familiarity with Mr. el-Kurd. I know of him wishing PTSD on every American soldier, and I know of him calling Zionism a "death cult", and I know of him calling for the removal of Israeli "colonizers" (given that he views all of Israel as a colonial entity, this can fairly be seen as a call for the forcible expulsion of all of Israel's Jewish population) and I know of him blasting Human Rights Watch for criticizing Hamas' "indiscriminate" rocket fire. This is a sampling of his oeuvre, not a full one, but I don't think a cherry-picked one either. He promises to bring to the table an authentic, angry voice of the Palestinian street which does not sugar-coat its indictment of Israeli and Zionist barbarism and sadism with dustings of "co-existence" or "acknowledging the pain of the Holocaust" or "of course terrorism is wrong." It is a real view, an authentic view, that isn't heard in (some segments of) western media.

Anyway, here is The Nation's statement on el-Kurd's hiring.

Reading the text, it checks all the genre boxes we already saw from Tablet and Weiss and their travelers:
  • Citation to "free speech"? ✅
  • Acknowledgment that not everyone will agree, but the perspective is important? ✅
  • Importance of "challenging mainstream narratives and assumptions"? ✅
  • Appeal to elevating "silenced" voices, and suggesting that not publishing this writer is akin to refusing to entertain any divergent perspective? ✅
  • Implying that critical backlash is tantamount to "intimidation"? ✅
Here's the thing: the reason this is a genre? Is because every value in that checklist is a real, genuine, important value. Free speech is important. Hearing from perspectives one doesn't agree with is important. Challenging mainstream narratives is important. Elevating voices not typically heard is important. And attempts to live out these important values can often be subjected to severe backlash that attempts to intimidate a platform out of entertaining the view, or to see it whittled down to the most palatable, soft pablum. Everything The Nation is saying here about preserving open discourse and dissenting views, is genuinely important, just as it is when Newhouse or Weiss or the JILV say it. The classics are classics for a reason.

But. Notice the way that The Nation's framing paints itself into a corner before it even begins. It makes its defense on structure, which has both the great advantage and disadvantage of bracketing entirely the question of substance. It applies with equal force literally no matter what the writer says -- the anodyne point crudely converted into an outrage by the frothing Twitter mob, the provocative point which makes even sympathetic readers cock an eyebrow but which nonetheless communicates a message worthy of pondering, and the outright racist or hateful or malicious false point that really should be grounds for editorial intervention. Indeed, at one level it tacitly thirsts for the most offensive, extreme, or unreasonable viewpoint -- for these are the ones through which one can truly show your steadfast will and iron resolve to stand with the beleaguered dissident against the roaring mobs. The provocateur is the point.

And so The Nation has effectively lashed itself to the mast -- now any accommodation to criticism or backlash means giving into intimidation, means "silencing" a dissident voice, means kowtowing to the mainstream, means betraying free speech itself. Having condemned them all as tools of censorship, The Nation cannot now easily access the normal tools of editorial oversight and judgment.

And that leads to tragic (journalistically speaking, anyway) consequences. When I found that fabricated quote in Tablet's ethnic studies hit piece -- again, a flagrant, no-bones-about-it falsification -- Tablet refused to issue a correction or acknowledge error. And at first, I couldn't figure out why. Why were they digging in? Why not just take the obvious L, acknowledge "this piece wasn't up to par", and move on? The answer I came up with, and I still think is the best explanation, is that it is the dark fruit of their "anti-cancel culture", "free speech" commitments -- it is the epilogue to the genre convention they're living out:
Persons who have drank of these waters believe we are overwhelmed with attempts at censorship, sugar-coating, and kowtowing to online gangs. For such persons, then, there is no greater betrayal, no greater cowardice, than acceding to the demand for a retraction. It doesn't really even matter if the claim under attack was justified or not; it ceases to be about defending the claim on its merits. The "principle", such as it is, is to stand up to the mob. Anyone who fails to do that is weak.

[...]

We cannot disconnect this from the sense of grievance which inspired some, albeit not all, of the popularity of the initial article. There is a segment of the Jewish community (and other communities) which views Ethnic Studies as so much PC claptrap, a sop to loud and angry minorities who want to silence anything and everything that doesn't present America as a bigoted hell-hole. They read the Tablet article and understood this curriculum as reflecting the ambitions of this cohort, they view the critiques of the article as Tablet being besieged by this cohort, and if the article was retracted they'd view Tablet as having been captured by this cohort. Ironically, Tablet's credibility with its readership (or at least large chunks of it), depends on them not correcting even obvious mistakes. Many of the folks who couldn't care less about the realities of the California Ethnic Studies Model Curriculum (the author of the article now forthrightly admits that it doesn't matter what's in the curriculum; she thinks it's a poisonous idea no matter what it teaches) would never forgive Tablet if seemed to be giving in to "the left" (whatever that means). 

One can predict a similar dynamic here. When a goodly chunk of the appeal of your writer is that he gets the right type of reader to "stay mad", and when you've already staked your credibility on the idea that it would be a failure of ethics, a betrayal of journalism and free speech itself, to give an inch to anyone who is mad, then it doesn't really matter why people are mad. It's already baked into the cake that they will be mad, and that that's their problem. It's not just a matter of "they knew who he was when they hired him." The entire discursive framework they used to promote his hiring now would make it impossible to disavow him, any more than Tablet could disavow a factually wrong smear on an Ethnic Studies article without losing its "anti-woke" cred.

How can this all work? Well, it is, after all, true -- and by no means irrelevant -- that many readers (on this subject and quite a few others) do get and stay mad for partisan, biased, or outright stupid reasons, and a journal which lacked the backbone to tell those readers "sorry, but you're going to have to stay mad" isn't going to be doing its job. Again, the classics are classics for a reason. But that truth offers a refuge to hide from a different truth, which is that sometimes the mad readers are mad for good reason, to which the rote appeal to "free speech" doesn't suffice as a response. 

Lashing yourself to the mast of this particular "free speech" genre certainly comes with some benefits, and it shouldn't surprise to see this move appear across the political spectrum. But it is not always virtuous, and it is never cost-free.

What To Make of Mean Progressive Bosses

Buzzfeed has a story about House Progressive Caucus chair Rep. Pramila Jayapal (D-WA)'s alleged terrible treatment of her staff. It reminds me a bit of the worker/boss antagonisms that torpedoed the NYC mayoral candidacy of left-wing activist Dianne Morales ("torpedoed" may be a strong word, since Morales never was winning that race to begin with, but you get what I mean). 

Certainly, it is not only stalwart progressives who get hit with the "bad boss" tales -- Amy Klobuchar was a prior subject, and she's very much on the moderate end of her party. Still, the Jayapal accounts do feel as if they're part of a trend of "progressive hero is actually a monster to her own workers" stories. What do we make of that trend? A few potential explanations:

  1. There is no underlying trend. Progressive bosses are no more likely to be abusive than any other boss; if they are the target of more media stories on the subject, it is solely because of the tantalizing hypocrisy angle and/or other reasons the media targets progressives.
  2. Something about progressive labor ideology lends itself to being a bad boss on a personal level (e.g., concentrating on formal labor rules and agreements encourages the implicit underselling of the importance of "soft" standards of interpersonal conduct).
  3. Progressive bosses are more likely to be women and/or of color, and so are held to higher standards of conduct because of misogyny or racism (this seemed to be Jayapal's official response, and Klobuchar has echoed it too).
  4. Progressive bosses are more likely to be under-resourced or over-demanded, and these additional burdens get passed along to staffers creating a disproportionately unbearable work environment.
  5. Progressive employees are more likely to be sensitive to bad treatment and have a lower tolerance for it, and so are more likely to deem (and report) a given set of working conditions as bad or abusive (whether this is because they are overly sensitive and unrealistic about "the real world" or because they haven't had their internal sense of human worth beaten out of them yet is an exercise for the reader).
Other explanations welcome.

Sunday, September 12, 2021

Going Local: My Op/ed on Vaccine Mandates and the Portland Police

Since I'm now an official Portland resident, I decided to write an op/ed for my local paper, The Oregonian: "Portland Police Should Not Be Exempt from Vaccine Mandates."

As some of you know, the city of Portland attempted to impose a vaccine mandate on the Portland Police Bureau, but backed off after union officials threatened a wave of vaccinations. In general, Oregon police have been viciously opposed to vaccine mandates in the state

My op/ed's argument is simple. Put aside (though we shouldn't) the fact that COVID has been the most lethal killer of police officers over the last year. The same justifications which support a vaccine mandate for teachers or health workers support a mandate for police officers as well. 

Even if we accept that some government employees need not be covered by vaccine rules, the police are the last agency that should be able to claim an exemption. The police are a public-facing agency that interacts with some of the most vulnerable Portlanders in unpredictable settings on a daily basis. Unlike, say, the Oregon Driver and Motor Vehicles agency, which can enforce a mask mandate or shunt unvaccinated customers into online services, the Portland police largely cannot control when and in what contexts they interact with members of the public. They can’t decline to investigate a crime until they’re certain the criminal is wearing a mask. They can’t refuse to interview a witness until they confirm she’s not immune-suppressed.

Moreover, we can't overlook the thuggish nature of the way in which the Police Bureau responded to the prospect of a vaccine mandate. Threats of mass resignation are characteristic of police departments which simply do not accept the fact that they are under civilian control and subject to civilian oversight. The claimed entitlement to flout local authorities is flatly toxic to principles of rule of law and democratic governance.

In terms of feedback I've gotten, it's about what you'd expect. Some praise, some "why do you hate cops" (I want fewer cops to die on the job from a deadly disease, what's your view on that?), some accusations of being a "bootlicker" for BigPharma because I'm not promoting Merck-manufactured ivermectin. 

The most substantive response has been to note a provision in Oregon code which only allows vaccine mandates for certain public officials if pursuant to a state or federal order. The Portland mandate was initially justified under a state vaccine mandate issued for healthcare workers; the nominal cause of the city's retreat was clarifying guidance from the state saying the mandate "probably" didn't capture police officers. A few readers too-cutely suggested that the reason Portland police were in an uproar had nothing to do with resisting a vaccine mandate per se, but was solely because Portland was jumping ahead of the order of operations specified in state code.

This strikes me as, shall we say, implausible. Nonetheless, in my piece, I said if that provision was the only holdup, then the obvious solution is for Gov. Brown to clarify that police officers are included (or issue a separate rule to that effect). If the backlash has nothing to do with a claimed entitlement to resist lawful regulation, then the Police Bureau and Portland officers should have no problem with the Governor's office issuing such a rule. Indeed, they should welcome it since -- to reiterate -- COVID is the single deadliest threat police officers face today.

Of course, we're not naive and so we know the precise scope of Gov. Brown's orders as authorizing sources for Portland's vaccine mandate is not driving the action. Portland police don't like being told what to do -- that's the prime motivator here. But as public servants, they need to get used to it. Whether it stems initially from the city or the state, vaccine mandates for police is the right public policy, and law enforcement shouldn't be able to bully its way to an exemption.

Saturday, September 11, 2021

The End of "Shared" "Sacrifice"

My 9/11 story is not particularly special. I was in high school when the news reached us that a plane had hit the World Trade Center. Initially, I thought that meant some small hobbyist plane had missed an approach and smacked into the side of the building. The reality -- a full passenger jet (soon to be two) deliberately ramming the building and bringing it down -- didn't cross my mind until TVs went on and rumor became visual. Even though I lived outside DC, and so we definitely knew folks who worked at the Pentagon, I don't know of anyone who knew anyone directly who died or was hurt in the attack. We could see the smoke from across the Potomac river though.

In the days that followed, America was famously united. President Bush's approval rating -- in the doldrums due to the bitterly controversial way he became president in the first place -- skyrocketed. Everybody came together. Democrats basically stopped being an opposition party. Some of that was good. Not all of it. There is a difference between refraining from taking easy political potshots at tough but necessary sacrifices, or not exploiting understandable collective depression and angst for political gain, versus wholesale refusal to debate serious and sometimes dangerous steps taken under the guise of "national security". Nonetheless, it was undeniably inspiring to witness how, in the face of crisis, we'd at least try to unite as a nation and we'd dig in our heels and sacrifice to get us through the dark period.

I have heard some folks ask, hypothetically, what would have happened if, at the outset of COVID, Donald Trump had come out aggressively for masks and vaccines and lockdowns -- demanding a shared sacrifice and seriousness of act and purpose that befits the crisis of a global pandemic. The insinuation is that the polarities would flip -- in our hyperpartisan age, we'd see the GOP proudly endorse and embrace all of the things they now liken to tyrannical Nazism, while Democrats would be found angrily denouncing masks and spreading conspiracies about vaccines.

The first part may be true. The second isn't. We might have seen a small uptick in woo-woo Malibu sorts refusing to get vaccinated because it contains "chemicals" or something. But the experience of 9/11 suggests that the overall liberal response would have been to embrace the seriousness of the moment. Democrats wouldn't oppose vaccines just because Trump was promoting them; they wouldn't foster chaos just to stick it to the "other side". As much as lockdowns suck, they wouldn't have riled up public frustration at a necessary health measure and thrown it in Donald Trump's face.

Over two hundred times as many Americans have died from COVID as died on 9/11. If you count "excess deaths" (which includes people who didn't have COVID but whose deaths nonetheless can be attributed to it -- e.g., because a swamped health care system couldn't give them the care they needed), we're probably around a million deaths -- about a 9/11 a day, from the time pandemic started in earnest.

The degree to which "shared sacrifice" permeated the national mythos after 9/11 makes it all the more despicable how resistant so many Americans have been to anything that even approximates a "sacrifice" in response to the pandemic. I put "sacrifice" in quotes because some of the things GOP pols are literally comparing to the Gestapo are almost comical in their triviality. Wear an extra square foot of fabric on your body. Get a safe vaccine for free. I'm not saying nothing about the pandemic is difficult (parents with younger school-aged children, in particular, have taken a beating we should all acknowledge). But so much of the "sacrifice" we've asked for is so minimal, and yet people refuse to do it.

There is no "shared" sacrifice in America. There is half the country which is willing to do what's needed to get us through a crisis, and another half whose only concern is of themselves. The "unity" after 9/11 was a mirage -- it was the former group agreeing to be united in a crisis with the latter group doing what it wanted to do anyway. When the roles reversed, and the first group asked the second to actual sacrifice just a smidgeon to keep America safe, they refused to do it, and threw perhaps the largest and longest temper tantrum this nation has seen in my lifetime.

It was always despicable. In the shadow of 9/11, it's even more so.

Thursday, September 09, 2021

How California's Jewish Community Sealed Its Win in the Battle Over the State's Ethnic Studies Program

The California legislature has passed AB 101, a law mandating ethnic studies instruction for all high school graduates starting in 2030. The bill was passed with the strong support of California's Jewish legislative caucus as well as Jewish community leaders throughout the state. This marks a decisive moment in the years-long battle over Ethnic Studies, where Jewish activists successfully rallied to reject an early, antisemitic draft curriculum and instead worked tirelessly to create pathbreaking course plans and curricular resources that ensure antisemitism and Jewish experience takes pride of place in state schools.

Unsurprisingly, the die-hard opponents of the bill -- those who insist that Ethnic Studies must always and ever be antisemitic -- are, well, dying hard. AMCHA, one of the leading groups on the Jewish right trying to muster opposition to Ethnic Studies, lamented in a press release that the law "Open[s] the Door to Antisemitic Curricula". While admitting that the new law actively disavows the antisemitic first draft and urges local school boards not to use it, AMCHA says the bill "does not, and cannot, prohibit a school district from using the antisemitic first draft of the model curriculum" (or other potential antisemitic alternatives).

AMCHA may not even be correct about this: the statement from the California Jewish Legislative Caucus contends that its amendments to the bill "expressly prohibit the use of curriculum that was rejected because of concerns about anti-Jewish and anti-Israel bias". And at the very least, the law puts up several hurdles in front of any school board that wishes to adopt out from the state-recommended curriculum -- both in the form of heightened public meeting and deliberation requirements for opt-out districts as well as demonstrate that its proposed alternative does not "reflect or promote, directly or indirectly, any bias, bigotry, or discrimination". To the extent there are potential antisemitic Ethnic Studies courses still under consideration, these provisions -- and the last one in particular -- seem to provide, if not an insurmountable hurdle, then the highest hurdle the California legislature can reasonably impose.

But even taken on its own terms, we should reflect on just how weak AMCHA's objection actually is. Their headline is that the law "opens the door to antisemitic curricula". But that isn't true -- if, as AMCHA puts it in the body of its statement, the problem is that the law doesn't prohibit a district from adopting antisemitic curricula, then there is the inconvenient problem that California school districts already weren't prohibited from adopting such a curriculum. The law doesn't open any doors; at worst, it doesn't fully slam one shut.

Framed that way, though, the opposition to AB 101 becomes even harder to swallow. The choice is between a world where districts are free to adopt antisemitic curricula with minimal restriction, and one where their freedom to do so is at worst highly circumscribed by specific state disapproval, heightened regulatory restrictions, and the placement of the very-much-not antisemitic model Ethnic Studies curriculum as the default offering. Those concerned about antisemitism in California schools obviously should pick door #2, and so it isn't surprising that AMCHA has been very lonely in its crusade against the law.

And as we mark this moment, I want to reflect on how it might demarcate a sea change in how the Jewish community relates to these "identity politics" brouhahas which have sapped so much of our collective energy over the past few years. After a period where it seemed as if reactionary forces could simply mutter "intersectionality" in a foreboding tone and get the entire Jewish press to snap to attention, it was striking to see just how thin the opposition to California's reformed curriculum was. The infamous Tablet article which resorted to outright fabrications (in addition to smearing a one-of-a-kind curricular unit devoted to Mizrahi Jewish history as "crude" and divisive) to make its case was one example. AMCHA's press release blaming  AB 101 for a problem that would be worse in its absence is another. Far from driving the conversation, the efforts to tar any and all Ethnic Studies offerings in California as irretrievably racist or antisemitic had surprisingly little influence on Jewish communal discourse.

One can tell these critics are a bit disoriented. They expected that they would be at the vanguard of a righteous Jewish battle against the evils of Ethnic Studies. Instead, they found themselves mostly alone and entreating against the overwhelming Jewish communal consensus that was positively oriented towards the idea of Ethnic Studies and committed to constructively working through and fixing any flaws. Faced with the possibility that Ethnic Studies was not, contrary to the unfalsifiable hypothesis, immune to reform or alteration to accommodate Jewish voices, the critics were left befuddled and disorganized.

To some extent, I think this might be the story of the Jewish Institute for Liberal Values as well. At first, I thought it was an example of prominent mainstream Jews engaging in another round of ridiculous and destructive hyperbole directed at caricatured versions of anti-racist scholarship. And I still think that, but now I want to attach a rider to "mainstream". Increasingly, I think JILV came into being because its progenitors think the "anti-woke" movement is losing ground in mainstream Jewish circles. They can't trust the big name organizations and federations to fight these fights anymore, so they need to go independent. JILV is not a vanguard, it is a rear-guard -- a group of bitter dead-enders who can sense that the tides in Jewish communal life are changing and that the organizational consensus is moving away from reflexive (and often ill-informed) condemnation and towards collaboration and mutually-affirming constructiveness.

As a marker of the change, there are worse symbols than the passage of AB 101 -- a diverse group of Jewish organizations and politicians who put in the work and can take pride in its fruit, standing over largely routed and vanquished opponents who did not notice the sands shifting under their feet.

Saturday, September 04, 2021

Mottes, Baileys, Strawmen, and Cherry Groves

If you're aware of all internet traditions, you've undoubtedly heard of by now the idea of the "motte and bailey" style of argument. Basically, a "motte and bailey" occurs when one asserts a bold and controversial claim (the bailey), then, when criticized, recharacterizes one's position as something simple and uncontroversial (the motte). The idea is your true position is the (extreme, perhaps implausible) bailey, but if it ever comes under attack you retreat back to the (reasonable, common-sensical) motte. Then, once the attacking critics are gone, you go back to building up and promoting the bailey.



Here's a good example of the motte-and-bailey play. A few days ago, the Jewish Institute for Liberal Values released a white paper claiming that "critical social justice" and "critical race theory" promote, as a "reliable consequence" of their ideologies, antisemitism. Specifically rejecting as inadequate an approach that "tr[ies] to address specific acts of antisemitism from within the CSJ framework," the paper says flatly that "it is impossible to contain the antisemitism emerging from CSJ without rejecting the imposition of CSJ."  That's the bailey. 


He's fine with CRTsometimes he even is a CRT-guy himself! When he says "it should be clear to anyone paying attention that Critical Social Justice ideology [including critical race theory] is fueling antisemitism," all he really has a problem with is "standpoint epistemology", defined as the view that "everyone else should defer to whatever ideological claims members of a minority group attach to their definition of racism." The problem isn't with "CRT", just how "some" people have "weaponized" the term in popular discourse.

That's a classic motte and bailey move. A sweeping claim that CRT/CSJ are dangerous ideologies fueling antisemitism and cannot be reformed from the inside retreats back to the anodyne and uncontroversial "I have no problem with critical race theory -- I like critical race theory -- I just don't think we have to agree with every view asserted by a member of a minority group, as 'some' people say I have to." Are these CRT-but-not-representative-of-CRT views -- asserted to be experiencing "rapid proliferation", "gaining ground and influencing public discourse" -- held by a non-negligible number of people? Listen, "It only took one guy to shoot up a Pittsburgh Shul."

This got me thinking: how often is one man's bailey another man's strawman?

I got on this subject upon being accused myself of engaging in a motte-and-bailey when I denied that the CRT movement, as a whole, promotes the sort of extreme versions of "standpoint epistemology" or what have you that Bernstein is furiously attributing to him. For my part, I claimed that the reason I wasn't defending the position that "everyone else should defer to whatever ideological claims members of a minority group attach to their definition of racism" is that attributing that position to crits is a strawman, and chopping those scarecrows down to size is not actually the same thing as successfully conquering a fort.

By not defending what I take to be extreme and implausible descriptions of what crits actually believe, I was said to have retreated to the motte from the bailey. My counter is that the crits never occupied the bailey in the first place -- the entire allegation is a strawman.

The related problem of the strawman is the problem of cherry-picking. In any academic discipline (or any pattern of public discourse), there will be some number of people who say and believe truly idiotic things (and a somewhat larger number who say things that sound truly idiotic if stripped from context and set to eerie, dramatic music). So the committed advocate can find, with little trouble, examples of some people actually asserting (or appearing to assert) the terrible, implausible position that is alleged to be a strawman. 

Finding these examples doesn't actually demonstrate that the argument is widespread, or influential, or representative. For the honest interlocutor, the ability to cherry-pick these cases is not a substitute for actual, critical engagement with texts and evidence. There's a very large difference between the inferences we can legitimately draw from some rando assistant professor of media studies at Northwest Kansas Tech having a hot take versus, say, explicitly censorial legislation being passed in multiple states and becoming the centerpiece of a major political party's advocacy. But plenty of advocates are happy to graze from the cherry groves that will undoubtedly abut any argumentative fort -- picking the low-hanging fruit and patting themselves on the back for having successfully conquered the territory.

The terrain of bad argument, in other words, has more than just the motte and the bailey. It has strawmen -- built by the attackers but asserted with earnest fervor to be the actual bailey. And it has cherry groves -- the low-hanging fruit that can be plucked at to pretend a fringe, marginal view is actually an influential and representative one. When attacks on the strawmen and the cherry groves go undefended, the "victor" will claim their targets are engaging in a motte and bailey. But they're not -- they're watching as their interlocutor "attacks" a largely invented and uninteresting foe.

ADL Officially Apologies for Opposing Park51 Mosque

In 2010, the ADL released a statement supporting efforts to ban construction of a mosque and Islamic community center in south Manhattan, claiming it was allegedly insensitive to the victims of 9/11. It was a grotesque incident of ADL-approved religious discrimination, and has been a stain on the organization's legacy ever since.

Today, ADL head Jonathan Greenblatt has officially apologized for his organization's stance: "we were wrong, plain and simple."

This was the right thing to do. It was the right thing to do one day after the ADL's discriminatory foray into the controversy, but it's never too late to do the right thing. Indeed, it perhaps would have been easy to simply try and forget this ever happened -- let it recede into the background, a bit of embarrassing old news under the ancien régime, but never bring it up again. Yet the ADL decided -- mostly, it seems, of its own accord -- to raise it again (and open themselves up to a wave of "too lates" and "whatabouts..." and this that and the other) by way of apology. That's worthwhile, and worthy of praise.

So -- well done, ADL.

Two notes though:

1) Acknowledging one's wrong and apologizing for it is an important part of teshuvah. Another part, at least if not more essential, is reflecting on what led you astray in the first place so that you don't do it again. I hope the ADL, in recognizing that it was "wrong, plain and simple," is thinking internally about what made it go wrong, and reflecting on what it needs to alter about it self to ensure that it never again indulges naked bigotry again.

2) How many other civil rights organizations can you think of that have released a statement like this, on any topic, admitting any mistake? Surely, the ADL is not the only one that has made errors deserving repentance. But I struggle to think of another prominent organization actually taking ownership of its wrong (at least, a wrong committed with recent memory). It is a dangerous fact about contemporary discourse that we often treat those who apologize for their wrongs worse than those who brashly ignore them and carry forward. This is something we should not do, and before anyone crows about the ADL being so terrible it had to apologize, think about what it says about all the other organizations out there, who have had their own indulgences into racism or antisemitism or misogyny or Islamophobia, who maintain a studious silence -- hoping everyone forgets, hoping it recedes from memory as "old news".

Thursday, September 02, 2021

I Read the JILV's Anti-"Critical Social Justice" White Paper So You Don't Have To

The so-called "Jewish Institute for Liberal Values" has released a white paper on the subject of "Critical Social Justice" and how it relates to antisemitism. Several folks I know have been interested in its contents, though none of us wanted to volunteer our email address to JILV and access the paper. Somehow, I drew the short straw on this and got a copy myself.

I believe in leading with a strong thesis statement, so I won't hide the ball. It's bad. It's really bad. It is haphazardly sourced, scarcely engages with any significant thinker who might characterize themselves as engaging in "critical social justice", fails utterly to explain how its examples are manifestations of or even link back to "critical social justice," and indeed, does not give even the slightest indication of what "critical social justice" is. It is a paper that very nearly defies critique because it doesn't actually say anything -- a series of anecdotes purportly united by an undefined theme. It is a sterling example of why I wanted to circulate a letter on the essential need for open, rigorous, and generous inquiry. This white paper is close-minded, analytically slipshod, and crabby in spirit. It is a sign of a deep and frankly dangerous rot in portions of the Jewish community, which have simply lost the ability to think critically on these subjects -- and it is putting the fight against antisemitism at risk.

Perhaps the most infuriating thing about the white paper's structure is the way it does "citations". I put the word in quotes because, while the article does have footnotes and hyperlinks, as often as not the linked source has tangential if any relationship to the claim it purports to support. For example, in the introduction the authors tell us that "While there are differing perspectives within CSJ, the more radical and anti-Jewish ideas are not being held in check and there is evidence that the more extreme versions are gaining ground and influencing public discourse." This is an important claim -- both that the allegedly "radical and anti-Jewish ideas" are ascendant within the broader CSJ movement and that these ideas are penetrating the real world. But the hyperlink goes to ... a list of state rules purporting to regulate or ban Critical Race Theory. That has absolutely nothing to do with the claim asserted -- if anything, it shows how the preeminent threat to liberal inquiry in American public life right now is the anti-CRT movement JILV proudly counts itself a part of.

Other citations are similarly thin, irrelevant, or simply wrongheaded. Claiming that CSJ has a "binary nature ... which holds that those who are presumed to be powerful are the cause of suffering of those who are presumed to be powerless," the white paper links to an article by Daniel Ian Rubin, presumably chosen because it has the word "binary" in the title. But Rubin's "binary" isn't one where everyone either simply is powerful/powerless, oppressed/oppressor. The "black/white binary" he speaks of is one where issues of racism are thought of only by reference to African-Americans and White people -- a binary which overlooks groups which clearly stand outside that binary (e.g., Native Americans) or ones who are situated uneasily within it (e.g., Latinos or, for that matter, Jews). Critiquing this binary has been a common theme in many "crit" projects, leading to the emergence of LatCrit, AsianCrit, and others. Rubin himself has called for the development of what he calls "HebCrit" to incorporate the Jewish case. So, on top of the fact that their source has nothing to do with the argument asserted, their citation of someone allegedly pointing out the crits' implacably antisemitic character is a Jewish crit himself!

It doesn't get better. The hyperlink supporting the claim that CSJ's allegedly anti-Enlightenment character "serves to stifle debate, and curtail academic freedom" goes to a catalog entry for a 363-page book on antisemitism comprising over 30 essays on subjects ranging from "Antisemitism and Anti-Capitalism in the Current Economic Crisis" to "A Brief History of Iberian Antisemitism", with no indication of where one might find support for the position stated (a particular problem since none of the essays in the volume appear primarily directed at issues of academic freedom). An example of a "critically informed social work curriculum" points to grainy cell phone images of an unidentified slideshow, making the incontestably accurate point that Jews in the mid-20th century benefited from being able to access various federal programs that other minorities were excluded from. There is virtually no engagement with primary source texts by persons promoting "critical social justice". One could go on.

But the biggest problem with the white paper is that it lacks a clear articulation of what critical social justice even is, making it impossible to tell whether its various anecdotes are in any way related to the concept. Incredibly, nowhere does the white paper actually purport to give a definition of its key term. 

What we get instead is a solitary link to an essay by Helen Pluckrose -- best known for her collaboration with James Lindsay on the "new Sokal hoax", though she's begun to distance herself from Lindsay as the latter has become increasingly open in his antisemitic and White supremacist orientation -- which purports to begin by explaining "What do we Mean by Critical Social Justice". Unfortunately, Pluckrose's essay actually doesn't give a clear account of what "Critical Social Justice" means either. The closest we get a to a concise definition is the following passage:
CSJ holds that knowledge is not objective but is culturally constructed to maintain oppressive power systems. This is believed to be achieved primarily by certain kinds of knowledge being legitimised by powerful forces in society, then being accepted by everyone and perpetuated by ways of talking about things – discourses.

While the manner in which Pluckrose differentiates this outlook from "liberalism" is tendentious at best (it boils down to "liberalism accepts anything that could be considered a reasonable CSJ insight, plus autonomy"), this is specific enough so we can at least track how the JILV's examples do or do not qualify as manifestations of CSJ (that is, flow from the notion that power systems are preserved via the legitimation of certain types of "knowledge" which are broadly accepted and built into the basic way we talk about things).

And applying that definition to JILV's examples, there is virtually no connection between the two whatsoever. The white paper gives seven examples of how CSJ allegedly fuels antisemitism. Start with the first: "the canard of Jewish privilege". Put aside the fact that their illustration of this practice -- the infamous flyers stating "ending White privilege starts with ending Jewish privilege" -- almost certainly emanated from the far-right, and was roundly repudiated by the very left-wing actors the white paper seeks to blame. The bigger question is: what on earth does this have to do with a belief that powerful actors successfully legitimate certain types of "knowledge" in order to prop up oppressive power systems, which is what Pluckrose says CSJ is? There's no attempt to posit a link here.

Go down the list, and the problem repeats. "Erasure of Jewish identity"? "Intersectionality and Antisemitism"? "Marginalizing Jews in Politics"? None of these clearly derive from, or even are claimed to derive from, a belief that power systems are preserved via the elevation and mainstreaming of certain forms of knowledge which become woven into the basic way we think about the world. At root, the JILV paper is most reminiscent of a conspiracy theory -- where others pin all the world's evils on "the Jews" or "the immigrants" or "the communists", for the JILV, anything bad it sees in the world, it attributes to "the crits." It is the explanation of first, middle, and last resort. There isn't need to actually establish that "critical social justice" is responsible for any of the ailments they bring up, because it's viewed as self-evident -- of course it's the Jews' the immigrants' the reds' the crits' fault.

This speaks to a broader decay in the critical thinking abilities (and here I very much mean "critical thinking" in what Pluckrose would describe as its salutary, liberal form -- "looking for flaws of reasoning or unevidenced claims or unwarranted assumptions being made due to an ideologically biased interpretation of a situation") of certain segments of the Jewish community when the topic is "critical social justice", "intersectionality", "critical race theory", or any of the related bugaboos. While I know of no direct study measuring whether "critical social justice" ideologies generate antisemitism, the evidence we do have vis-a-vis the college campus environment strongly militates against the hypothesis. If there was such an effect, we'd expect college majors in areas more likely to have significant "CSJ" material to exhibit more antisemitism than majors which do not. Or alternatively, if our view is that CSJ ideology has completely suffused the collegiate experience, then we'd expect a growth in antisemitic attitudes from when students enter college to when they leave. As per Shenhav-Goldberg & Kopstein's outstanding 2020 paper, neither of these is the case. It is hard to square the theory that CSJ creates antisemites with the reality that heightened exposure to CSJ -- in precisely the forums where critics claim CSJ's power is at its apex -- doesn't seem to have any effect on antisemitism.

Nonetheless, has become an article of faith that CSJ and its cousins simply must contribute to antisemitism. Anyone who denies it is willfully blind, or beholden to ideological blinkers, and is in any event has placed themselves in opposition to "the fight against antisemitism" (because, again, it is simply a truism for this crowd that "the fight against antisemitism" is the fight against "critical social justice"). It is dogma -- the hypothesis cannot be falsified.

This is catastrophically dangerous to the fight against antisemitism. If you care about antisemitism, it is tremendously important to understand accurately what causes antisemitism -- not what you assume causes it, not what it would be politically convenient to believe causes it, but what actually causes it. If we devote huge chunks of our communal energy toward fighting "critical social justice", and it turns out "critical social justice" has little to do with rising antisemitism, then we've just wasted a ton of time and effort! To be sure, if what one actually cares about is not fighting antisemitism but fighting critical social justice, then it's not a waste at all -- it's mission accomplished. But then it's that campaign that's your actual mission. And the decision to continue to prioritize it as mission #1 necessarily means the fight against antisemitism goes on the backburner.

One final irony has to be mentioned. The JILV white paper is, as I've said, mostly reminiscent of a conspiracy. It sees "crits" behind every rock, branch, and tree, with little to no effort to explain why the parade of horribles it identifies is connected to the "critical social justice" theory it deplores. However, to the extent the JILV white paper has any cohesive methodology behind it at all that isn't just a conspiracy theory, that methodology is ... critical social justice.

Now, let's be clear: by and large, the JILV paper is nothing more than the latest instantiation of a longstanding trend, where reactionaries define the lefty term of the day ("intersectionality", "critical race theory", now "critical social justice") as "anything bad from a vaguely left-of-center orientation that has some sort of identity politics kick to it." There's really nothing more that ties it all together than that.

But if we were to try to do so, the JILV claim can be reconstructed as something like the following: there is a widespread ideology, which has become dominant if not taken-for-granted in many segments of our society, whose precepts are largely insulated from interrogation but act to exclude, marginalize, or otherwise injure Jews. So, for example, the idea of "Jewish Whiteness" is asserted to be simply taken as a given in many circles, and in doing so that idea naturalizes a bunch of presumptions about Jewish power and privilege and control that are both untrue and prejudicial. And precisely because these views are so embedded into the conventional wisdom, they're largely immune from challenge -- trying to critique them renders one a complaining gadfly at best, a pariah figure at worst. So we can see how this set of assumptions in how we talk about the world (about Jews, Whiteness, power, whatever) acts to significantly curtail Jewish equality and discourage Jewish political participation even without any official actor ever issuing some sort of formal decree effectuating a de jure antisemitic exclusion.

Which fits, to a T, what Pluckrose says critical social justice is.

Most of the JILV's complaints fit this model. They are alleging that some way of speaking about Jews (as privileged, as White, as powerful) has become so effectively hegemonic that it squeezes out Jewish counter-narratives and so perpetuates antisemitic oppression. Or, put differently, "certain kinds of knowledge about Jews (or power, or Whiteness), is legitimised by powerful forces in society, then accepted by everyone and further perpetuated by ways of talking about things," which acts to maintain an "oppressive antisemitic power system." 

Overwhelmingly, Jewish "critics" of critical race theory, or critical social justice, or what have you, actually seem to want "critical race theory, but for Jews". That's not a bad thing to want, if the people who wanted it weren't so infuriatingly blind to what their methodology actually is. They are pointing to a mechanisms of antisemitic marginalization that do not make sense under a classical liberal vantage.

 Nobody is legally forbidding Jews from advocating for their peoplehood or contesting their Whiteness or anything of the sort -- that sort of legal censorship right now is very much the domain of anti-CRT forces. The claim is that a way of speaking about Jews functionally silences Jews in public deliberation -- we're "marginalized", "ostracized", "ignored", accused of "oversensitivity" or "bad faith" (the liberal would call all of this "losing in the marketplace of ideas"). And the claim that the remedy (or a goodly part of it, anyway), is committing to take Jewish testimony seriously on the subject of antisemitism -- to credit what we say about ourselves over what others are saying about us -- likewise owes far more to "critical social justice" than it does to classical liberal models (Pluckrose indicts what she labels "positionality", the view that knowledge is "tied to identity and one’s perceived position in society in relation to power").

Sometimes I think these claims about Jewish marginalization and its proper remedy are off target, sometimes I think they're pointing to very real concerns -- but let's be clear about what they are. They are not complaints that can be made sense of within a classical liberal frame. They are a Jewish iteration of "critical social justice". And if one thinks that any of these claims have legs -- and I do -- then there is no way to resolve them except by developing a robust, vibrant, and rigorous CRT-style language that can account for the Jewish case. The JILV white paper doesn't understand that -- but then, it doesn't understand a lot of things.

Monday, August 30, 2021

A Tale of (the Private Schools of) Two Cities

Within a day of one another, the New York Times and the City Journal released articles on anti-racism curricula in the private schools of two cities, New York and DC (respectively).

It really is amazing to behold the difference. The Times has some genuine indicators of just bizarre behavior in the schools it profiles (e.g., refusing to allow Glenn Loury to speak because his views might "confuse and/or enflame students"). The City Journal, by contrast, mostly captures very normal things it seeks to put under grainy, menacing lighting (High schools are assigning Ibram X. Kendi's books! Administrators are attending DEI training sessions!).

I'm not really sure what explains the difference. It might be just the baseline chasm in quality one would expect from the NYT versus the City Journal (notably, the Times' article is by an actual journalist, while the City Journal's piece is written by an activist with the right-wing National Association of Scholars). Or it might be a difference in the private school cultures that exist in New York versus DC.

My baseline bias, having grown up in outside DC, is a pre-existing disdain for the local private school ecosystem there. Even as a kid, my view was that if you lived in Montgomery County -- which had a superb public school system -- I struggled to think of a reason to attend private schools that wasn't just pure snobbish status-flexing. But if the City Journal (despite its best efforts) is to be believed, schools like Sidwell and Georgetown Day are actually doing a decent job. Nothing will ever be perfect, but I cannot be horrified that students are recommended Jean Stefancic and Richard Delgado’s Critical Race Theory: An Introduction.* Of course, it's also the case that the private schools aren't doing anything that the public schools can't. That's not a bad thing -- one would hope that solid anti-racist education is scalable to all sorts of schools -- unless you're using it as a selling point for why Maddie and Connor simply must go to private school, $50,000 price tag be damned!

Which brings us to New York. I have never lived in New York, and my exposure to New York private schools comes primarily through, well, sensationalist stories in the New York Times. It's hard to know from afar whether these stories are out-of-context snipes at the foibles of the elites versus whether the culture at these schools truly is just nuts. I can imagine the former, but to the extent it is the latter, I can imagine the problem being the extension into "anti-racist education" of the pathologies of conspicuous consumption. New York private school parents believe that with enough money one can purchase easy solutions to any personal problem. They view racism -- or more accurately, the possibility that their children will be, or be seen as, lacking in how they relate to racism -- as a problem, and so they also believe that they can solve that problem by chucking money at it. Indeed, any solution that doesn't look like the sort of thing that costs a truckload of money will be seen as inadequate. It has to be ostentatious for it to count.

An ostentatiously bespoke anti-racism curriculum with elements that are both conspicuously resource-intensive and often a little absurd in practice is like a school cafeteria that serves only genuine Marseilles bouillabaisse on Thursdays. It stands out as something "normal schools" can't do, which ends up being the only thing that recommends it. And if normal schools say they don't want to do it, what you're doing is nuts -- well, that shows how unrefined and gauche their palettes are. Of course they don't know good anti-racism when they see it -- they're a public school. 

As in all things, the exclusivity is the merit. Just like the best steak can only be found at a fine (expensive) steakhouse, the best "anti-racism" is of the sort that you could only possibly find at an elite private school in New York (to say it aloud underscores how ridiculous it is). And notice how different this is from what the DC schools are said to be doing.  Any school can do have a piddling "recommended reading list"; it takes a truly elite institution to be able to invite a prominent Brown University faculty member to give a lecture and then pull the offer because he's a bad fit.

In any event, my view on anti-racist education continues to be that 90% of it is a subject-specific synonym for "good education." Most of the time, that means I sniff at right-wing panics on the subject where basic elements of good pedagogy like "assign interesting readings" or "don't be a gratuitous jerk to your students" are presented as "cultural Marxism".  Occasionally, it means sniffing instead at overly self-satisfied performances of anti-racism that substitute presentation for substance. It would not at all surprise me if some posh New York private schools fell into the latter category. 

* I actually read CRT: An Introduction in high school, though not because it was assigned -- I came across the topic indirectly in a debate round, and purchased and read it of my own initiative. Remember: if you don't assign critical race theory in high school where it can be read under adult supervision, your kids will just read it on their own in some back library alley, and come to who-knows-what conclusions!

Sunday, August 29, 2021

First Day of School!

Term at Lewis & Clark starts tomorrow, though my first class is on Tuesday. It's simultaneously not a big deal -- I've taught Constitutional Law before, including last semester, and also a very big deal! It's my first class as a tenure-track professor! This is the first class of the rest of my life!

(Also, I've completely revamped my syllabus, so while the material isn't new the order and organization is. So there are some potential surprises in store).

I'm teaching Tuesday/Thursday at 8:30 AM --haze the new guy, I guess. But I can't even be mad about that, because it's my first class as a tenure-track professor!