Showing posts with label Carl Pham. Show all posts
Showing posts with label Carl Pham. Show all posts

October 29, 2014

Althouse, the "big fool"... the "cock-tease"... the "provacateur"... "the intellectual flirt"... the lawprof who reminds men of the "manipulation, deception, or disloyalty in women close to them"...

Last night, I put up a post that started a discussion about why conservatives — or at least the class of conservatives in the Instapundit commentariat — think I'm a big liberal. I joked that these people ought to come to my hometown and workplace, where I am regarded as a big right-winger. I see the consistent theme: I make people feel that I'm not what they are. I trigger the shunning reflex. Or, to put it less self-effacingly: I've hit the contrarian sweet spot.

It was interesting to me to read the comments thread here on my blog, where people tend to write, I think, if they like hanging out, for whatever reason, including the stimulation to disagree with me. But there's one comment I want to single out for separate discussion, because it has 7 itemized ideas, really detailed and insightful ideas that I want to think about and that I thought you might find useful to examine.

This is what Carl Pham wrote in what was the middle of the night here in Madison, Wisconsin:
1. Only some see you as a big liberal, most see you as a big fool, who was conned by Obama and will be conned again, or as a cock-tease who pretends to get the male/conservo-libertarian concerns, but returns privately to predictable female/collectivist tendencies.

2. For a wide swathe of traditional men, the judicial/law professor temperament is distasteful in a woman: it reminds them unpleasantly of manipulation, deception, or disloyalty in women close to them -- one they may have trusted to their regret. Indeed, I would argue it is attractive to a fairly narrow range of men in general (aside from outright betas who agree they need sensitivity training to be aware of when they leave hairs in the bathroom sink and who wouldn't dream of fondling an ass without politely asking permission first). Men don't mind reserve in a woman, but when it starts to seem calculating (which it has to be in the professor/judge role) it tends to trigger unease, ranging to paranoia in some cases.

3. There's tension between your occasional Woman/Womanhood As Victim ruminations and Instapundit's Men/Manhood As Victim ruminations. It's a very unusual person who can be neutral in the ancient battle of the sexes to win the Most Misunderstood And Exploited prize, or even see the merit that there might be in both sides of the endless argument.

4. There's blood in the water. After eight long years of a baffling preference of the majority of their fellow citizens for a smooth-talking prissy sleazebot and mealy-mouthed collectivist nostrums, there's the sense that now the red-blooded God-fearin' straight-shootin' black-coffee-drinkin' American they thought they lived amongst has finally woken up and is about to throw these changelings and cuckoos the hell out -- and the anticipation raises the blood pressure, while the possibility of a slip 'twixt cup and lip jangles the nerves. Result, partisan fervor.

5. Instapundit himself has changed (perhaps partly because of 4 above). There is less moderation and reflection, less non-political stuff, less independent libertarian stuff, and much more reflexive Obama hate.

6. Most bloggers and persistent commentariats tend to fossilize over time (and the comments in that thread are highly stereotyped). I think it's because it's extremely hard after a while for either the principal or the dinner guests to back down from an iffy and misguided thought -- you get savaged. So after time people tend to be less intellectually adventurous and open. This is a well-known effect in business: the larger the meeting, the more fossilized and traditional the positions. You only really get true experimentation and adventure in the ideas people express when the discussion is small, intimate, and private -- three adjectives that cannot possibly describe public blogging and commenting.

7. You also have a streak of provacateur or the intellectual flirt: you say things sometimes just (or mostly just) to provoke reaction and hot discussion. That makes all kinds of sense in your profession, of course. But, again, in a woman it can make many men uneasy -- few like a tease, which is kind of what this is.

October 28, 2014

Man, these people need to come to Madison and do PR for me.

The commentariat at Instapundit seems to view me as a big liberal, itching to vote for Hillary.

IN THE COMMENTS: Lots of interesting stuff, but I'm going to frontpage Carl Pham, who put up a very substantive 7-point analysis at 3:39 AM (not that he's necessarily in the Central Time Zone). I wasn't through point #2 when I decided I wanted to put this up for more detailed discussion. In fact, I'm going to make this a new post. Hang on.

March 25, 2014

"Obama Trolls Tea Party With Bumper Sticker"/"Scalia's Past Haunts Him On Birth Control."

2 teasers from the top of the front page at Talking Points Memo:



Both go to articles written by Sahil Kapur, whose name I first noticed in connection with the Scalia piece yesterday. I didn't blog about that because the legal stupidity of it annoyed me but also bored me too much to explain. I happened to see Kapur's name again this morning as I clicked on a link at Drudge that read "LIMBAUGH RIPS MEDIA": 'PIG IGNORANT'..." Limbaugh excoriates the media for not understanding that self-employed persons — such as Matt Drudge — have to pay quarterly installments on their taxes, so Drudge was not lying when he said he was already paying the penalty for declining to buy health insurance.
The individual mandate went into effect Jan. 1 of this year, and most people paying their taxes right now are paying taxes for 2013. 'Dude, there's no penalty until next yr,' Sahil Kapur of the left-wing Talking Points Memo tweeted.  Kapur's colleague at TPM Dylan Scott wrote a full story with a headline alleging Drudge was 'probably lying.' 'Americans don't pay a penalty for not having health insurance until they file their 2014 taxes -- in 2015,' Scott wrote.
Now I see Kapur's name on that piece about the bumper sticker, which, at the inside page, is headlined "Obama Co-Opts Tea Party Slogan For Obamacare Bumper Sticker." We talked about that bumper sticker last night. My favorite comment on my post is from Carl Pham, who says:
Love it. An effeminate l'il toothless snake, slim 'n' trim from his regular yoga class, sipping chai latte and curling up with his iPad to do a little Facebooking on the back of a lime-green Prius. I'm guessing the same design team that came up with Pajama Boy?
I also like Dr. Weevil:
Unlike the Gadsden flag snake, this one doesn't seem to be a rattlesnake. The point of the original flag is that the snake-warrior doesn't strike first, doesn't go in search of people to bite, but if you step on him, he will bite back and hurt you worse than you hurt him. The Obamacare snake just bites people.
Yeah, and also, if you tread on a stethoscope, it doesn't attack you. You can quite successfully survive stomping all over a stethoscope. And why would they want to portray that stethoscope as being like a rattlesnake? The message seems to be that Obamacare is threatening you and can kill you.

Anyway, I have no problem with TPM noting that Obama has appropriated the old Gadsden flag, which has of late been strongly associated with the Tea Party. And it's not Kapur who called Obama a troll. I just found all that interesting and was surprised to see Kapur's name again.

It's that Scalia piece that is so irritating. Kapur is not responsible for the photo of Scalia coming out of the darkness with his hands in the "Boo!" position under the word "Haunts." But he is responsible for writing such a nitwit explanation of a legal problem. Scalia wrote the majority opinion in the case that most clearly explains what the Free Exercise Clause means — which is that there's no constitutional right to exemptions from neutral, generally applicable laws. The case that's currently before the Supreme Court (Hobby Lobby) is based on the statute — the Religious Freedom Restoration Act — that Congress passed after the Court decided that Free Exercise case, so now there is a statutory right to exemptions. There's nothing haunting about this. There's the Constitution, which needed interpretation, and there are statutes, which can extend more rights than the Constitution provides. These are different texts and they require independent interpretation.

It's dumb (or disingenuous) to portray Scalia as somehow troubled by needing to apply a statute that requires courts to protect religion more than the Constitution requires. In fact, if anything, I could see him being especially deferential to Congress's choice to trump a judicial opinion with a clearly stated statutory entitlement. The problem to be argued before the Court today is about 2 statutes and the way they interact. It's Congress, not Scalia, that is "haunted" by the past. Congress enacted the Religious Freedom Restoration Act, a clear text, and it had the power to put text in the Affordable Care Act that would exclude the application of the RFRA. It didn't!

I've explained this before, by the way, back in November when the Supreme Court granted cert. in the Hobby Lobby case:
This is about statutes and the politicos who produce them, not the judges who stand back and let them trip all over themselves pandering to everyone. If the Congress that passed the Affordable Care Act had wanted to exempt it from the Religious Freedom Restoration Act, it could have done so explicitly. It did not. Why should the Court cut back Congress's absurdly broad RFRA to help it out with what it failed to bother to do with the ACA?