[FRIAM] tolerance of intolerance

[Marcus Daniels]

An unfortunate case of unwarranted optimism. I did enjoy watching Civil War. Totally not what I expected. 

From: Friam <friam-bounces at redfish.com> on behalf of glen <gepropella at gmail.com>
Date: Tuesday, September 24, 2024 at 7:17 AM
To: friam at redfish.com <friam at redfish.com>
Subject: Re: [FRIAM] tolerance of intolerance 

Unfortunately, I'm still thinking about this. [sigh] But in my long covid induced fugue on the interminable flight across the atlantic, I landed on the idea that while, yes, the Roberts court is aggregating power back to themselves (particularly - not the judicial system as a institution), perhaps there's an -urgic demon at work. The power aggregation to the particular humans on the SC is a merely symptom of the work of that demon. And the demon is, in general, moving to protect us from populism. Bear with me a bit.

Regardless of what we think if, say, Cannon or Thomas, it seems ACB and Gorsuch are in the tradition of rationalists we might want the study of the Law to produce. (Kavanaugh is different, I think. And I'm leaving out the liberal Justices because I keep my enemies closer than my allies.) In considering the Chevron overturning, on the surface, it seems stupid ... a rejection of expertise. But combining Chevron with "Schedule F", I would trust the dialectic pursued by Good Faith members of the judiciary more than I would trust some rando appointed to "govern" in one of those executive agencies. This is especially true in a scientific environment where so many publications come out each day/week/year (many of which are on preprint servers but cited as if peer-reviewed), no collection of Good Faith scientists can keep track of them, much less curate them for non-experts. Barring abdication of truth-curation to LLMs (i.e. transnational corporations like Google, MicroSoft, Apple, etc.), the judiciary may be a decent buttress.

And the somewhat hierarchical composition of the judiciary (from schools/tests to experience dealing with batshit rhetoric) provides a kind of institutional inertia that the blast of "scientific" research doesn't provide. The judiciary might be the last bastion of the Deep State, capable of resisting demagogues like Trump.

What say ye? Is my optimism showing? 8^D

On 7/17/24 17:17, Santafe wrote:
> Back to the Roberts court, the things I have seen written that seem most cogent to me argue that their one consistent tack is to aggregate power to their specific selves. There are these nonsense rulings, which are vague or inconsistent, and honest lower courts often cannot figure out whether or how to comply with them. (There was just one of these, I think the Domestic Abuser with a Gun case, along exactly this line, a month or two ago. Rahimi?) And once it is a mess of appeals in the lower courts, it can get back to SC, who can then make up whatever outcome they want for that case. It gets very close to trolling for Roberts to write condescendingly that the lower courts were “confused” by the SC’s ruling; in fact they had it dead to rights, and Roberts surely isn’t so dumb he doesn’t know that. So to act as if they have made the mistake is to put out loud what the game is. It’s like Gaetz’s text about “Cannon for Supreme Court” or whatever it was. Trolls gonna troll. @The cruelty is the point. It’s about the assertion of domination, once you think you have enough of a lock that your advantage is to get out of the “hiding” phase and go into the “demoralizing” phase.
> 
> So I don’t know that there really is new “law” power in the Monarchical Executive. There may or may not be, but the SC would like to make itself indispensible in operating that machinery.
> 

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