Tradition is not the worship of ashes, but the preservation of fire.—Gustav Mahler

Tuesday, July 12, 2022

Monday, July 11, 2022

Friday, July 08, 2022

Two Issues: Overturning Roe v. Wade, and Immigration



Seth Barrett Tillman, Two Issues: Overturning Roe v. Wade, and Immigration,  New Reform Club (July 8, 2022, 2:22 PM), <https://reformclub.blogspot.com/2022/07/two-issues-overturning-roe-v-wade-and.html>; 


 




Wednesday, July 06, 2022

Tuesday, July 05, 2022

Characterizing Sources At The New York Times

 

Seth Barrett Tillman, Associate Professor

Maynooth University School of Law and Criminology

Scoil an Dlí agus na Coireolaíochta Ollscoil Mhá Nuad

(academic title & affiliation for identification purposes only)

 

 July 5, 2022

 

The New York Times

letters@nytimes.com

 

Re: Peter Baker, ‘New Insights Into Trump’s State of Mind on Jan. 6 Chip Away at Doubts,’ New York Times (July 3, 2022), <https://www.nytimes.com/2022/07/03/us/politics/new-insights-into-trumps-state-of-mind-on-jan-6-chip-away-at-doubts.html>.

 

In Baker’s article, he quoted attorney Josh Matz and proceeded to describe Matz as “as a lawyer for House Democrats during both of Mr. Trump’s impeachment trials in the Senate.” That was all true. But it leaves out something significant: Matz is currently one of the attorneys of record for E Jean Carroll, a plaintiff, who is suing Trump in a federal district court in New York. See Court Listener <https://www.courtlistener.com/docket/18418220/carroll-v-trump/> (Dkt. No. 60). Given that Matz is on the opposite side from Trump in ongoing litigation, I suggest he is not well positioned to give a wholly unbiased judgment in relation to Trump. If Matz disclosed his current connection to Carroll v Trump to Baker, then I suggest Baker should have reported it. And if Matz—inadvertently—failed to disclose this to Baker, then perhaps the thing to do is for the New York Times to issue a suitable correction. See, e.g.Josh Matz, Foreign Emoluments, Alexander Hamilton & A Twitter Kerfuffle,’ Take Care Blog (July 12, 2017), <https://takecareblog.com/blog/foreign-emoluments-alexander-hamilton-and-a-twitter-kerfuffle> (To be sure, there’s always a fine balance to be struck between scholarly nuance and word limits, especially in op-eds and works of legal advocacy. Many capable lawyers and legal scholars fail, at times, to ....”).

     Le meas,

          Seth Barrett Tillman


Seth Barrett Tillman, Characterizing Sources At The New York Times,’ New Reform Club (July 5, 2022, 9:38 AM), <https://reformclub.blogspot.com/2022/07/characterizing-sources-at-new-york-times.html>; 

Twitter: <https://twitter.com/SethBTillman/status/1544319122665881605>; 







Monday, July 04, 2022

A Fourth of July Dayyenu

In the Seder reading of the Haggadah, the Jews remember the liberation of their forebears from slavery into the Promised Land of Israel, and God's other miracles and blessings, various and sundry, for good measure. Each element of the hymn, explained Norman Podhoretz, is the subject of its own sentence, and each sentence of the series concludes with the word dayyenu, which can roughly be translated as “That alone would have been enough for us.” The idea, said Podhoretz, is that, "not content with 'that alone,' God went on and on and on to pile up wonder after wonder and marvel after marvel: so many that those participating in the seder invariably grow fatigued by the time they finish reciting them all.'"

It seems fitting that we Americans, if we be not ingrates, should submit our own verses, punctuated with dayyenu, in remembrance of the many miracles and blessings bestowed upon our country. Our verses might include:

If mankind had only had the opportunity to discover such a rich continent and, not merely to settle it and survive off it, but to open it to the world and to thrive, that would have been enough.

If Americans had only contributed the Declaration of Independence to the annals of human achievement, without consummating it or bringing its ideals to fruition, however imperfectly, it would have been enough.

If Americans had only produced one president, George Washington, who, though his popularity could have made him a king, laid down power voluntarily and gave us a model of American virtue, it would have been enough.

If Americans had only had the opportunity to sacrifice our country for a chance at a new birth of freedom, and then to help the fight to liberate the European continent from the murderous scourge of Nazism, and then to face down the murderous scourge of communism that succeeded and exceeded it, and then to see the world out of presumptive poverty and into presumptive prosperity, it would have been enough.

Humanity's history tells a story of savagery and violence, and its language is a language of war and base survival, with only recent entries into the lexicon pertaining to rights and freedom. Without the yoke of authority, the great minds before America's founding taught life was solitary, nasty, poor, brutish, and short. If we had had only the chance to prove them wrong, if we had had only the right to argue for the miracle of liberty, instead of fighting for mere survival -- if we had only the chance to celebrate that right this Fourth of July -- it would be enough.

Happy Independence Day. Dayyenu.

Friday, July 01, 2022

Tuesday, June 28, 2022

Monday, June 27, 2022

Sunday, June 26, 2022

Fisking Professor Simon Schama, Columbia University, Department of History

 




1. Professor Simon Schama: “It so happens all 5 justices voting to overturn Roe are devout Catholics.” (bold added) Gorsuch was raised Catholic, but it is not clear that he currently identifies as Catholic. Gallup recently identified Gorsuch as a Protestant. See Frank Newport, The Religion of the Supreme Court Justices,’ Gallup (Apr. 8, 2022), <https://tinyurl.com/2p9fj9re> (“[Judge] Jackson, who was confirmed by the Senate on Thursday, will be only the second Protestant on the high court when she joins the [Supreme] [C]ourt this summer, along with Neil Gorsuch (who is Episcopalian but was raised Catholic).”). 

2. Schama: “It so happens all 5 justices voting to overturn Roe are devout Catholics.” (bold added) What is the evidence that each of the 5 are “devout” Catholics? What did Schama mean by this claim? It cannot be that they attend a Catholic church—because Gorsuch (reportedly) attends an Episcopal church. See Alison Durkee, What religion is Neil Gorsuch,’ Mic (Apr. 7, 2017), <https://nc.mic.com/articles/173527/what-religion-is-neil-gorsuch> (Gorsuch “has been attending Episcopal services for the past 15 or so years.”). Even if Schama had a particularly meaning in mind for “devout,” he cannot possibly believe that his readers had a common, settled, or unified understanding of what he intended by that word. So why would a respected historian use such a loaded and ambiguous term?

3. Schama: “No wonder [the] Union of Conservative Rabbis issued an outraged denunciation.” (bold added) There is no organization with the name: “Union of Conservative Rabbis.” There is an organization called the Rabbinical Assembly, which can be characterized in many ways, including, as a union of Conservative rabbis. If Schama thinks the Rabbinical Assembly’s view is important, then why not use its actual name? Is it really that he has no genuine idea—at all—what Jewish organization he is referring to, and he is merely co-opting the Jews most conveniently at hand in order to show that some Jews take exception to what some Catholics (and others) have done? 

4. Schama: “It so happens all 5 justices voting to overturn Roe are devout Catholics, two Jesuit-educated. No wonder [the] Union of Conservative Rabbis issued an outraged denunciation.” (bold added) Schama does not link to the Rabbinical Assembly’s response to Dobbs. So we cannot evaluate whether it was a mere disagreement, or a strongly worded but otherwise fair-minded “denunciation,” or an “outraged denunciation.” 

That said, even without reading the Rabbinical Assembly’s response, and contra Schama, it would be a “wonder” if the Rabbinical Assembly’s objection were related to the fact that the 5 Justices in the Dobbs majority held a particular religious persuasion, Catholic or otherwise, or that some or all of the 5 Justices were educated in institutions connected to other religions, or that some or all of them were devout, whatever that might mean. If that were the basis for the Rabbinical Assembly’s objection, it would not be a “wonder.” Rather, it would be an American tragedy, and an invitation to ramp up sectarianism and religious communalism of the sort that the United States has avoided throughout the largest part of its history.

Schama’s writing illustrates the ancient adage:

Whom the gods would destroy they first make mad.

Seth

Seth Barrett Tillman, Fisking Professor Simon Schama, Columbia University, Department of History,New Reform Club (June 26, 2022, 3:56 PM), <https://reformclub.blogspot.com/2022/06/fisking-professor-simon-schama-columbia.html>; 

Schamas Tweet: <https://twitter.com/simon_schama/status/1540655363095248897>;



Sunday, June 19, 2022

Most Orwellian Tweet of the Day!

 Most Orwellian tweet of the day!by a self-described “Reporter”




Seth Barrett Tillman, Most Orwellian Tweet of the Day!by a self-described “Reporter”, New Reform Club (June 19, 2022, 6:44 AM), <https://reformclub.blogspot.com/2022/06/most-orwellian-tweet-of-day.html>;

See also:

 <https://twitter.com/matteottismith/status/1538271766992273408>; 


Wednesday, June 01, 2022

A Few Short Questions About Gun Control

 


 

Here are a few short questions for those supporting new restrictive gun control laws. 

If a state passes legislation limiting now extant gun-ownership rights, and that state includes one or more native American Indian reservations where a majority of the registered members remain attached to their traditional gun-ownership rights and they refuse to comply with the new laws …. 

Do you advocate sending in the U.S. Marshal to make arrests and to seize their guns? 

If the U.S. Marshal and his deputies (and posse) are insufficient to overcome resistance by our nation’s indigenous inhabitants, do you advocate sending in the U.S. National Guard or the regular U.S. military? And if your answer is “no,” then what happens to equality under the law?

By the way, would you like to volunteer for that mission?

Seth 

Seth Barrett Tillman, A Few Short Questions About Gun Control, New Reform Club (June 1, 2022, 14:18 PM), <https://reformclub.blogspot.com/2022/06/a-short-question-about-gun-control.html>;