The trans movement enters its next phase

The 11th Circuit issued an opinion the other day on another trans case coming out of Florida, in which a trans person sued a school district for restricting access to bathrooms in schools on the basis of biological sex rather than self-declared gender. Most of the headlines focused on the fact that, contrary to similar cases in other circuits, the 11th Circuit ruled in favor of the school district, which makes it highly likely that the issue will finally have to be resolved by SCOTUS. But for me the most notable thing was one of the dissents, and how it substantiates the concerns that the ultimate goal of trans ideology is the elimination of the very concept of biological sex. There were 5 opinions issued apart from the majority ruling, including 1 concurrence and 4 separate dissents.

The most troubling dissent was by Judge Jill Pryor (joined in parts by Judge Rosenbaum).

Recall that at the beginning of the whole trans craze, less than 10 years ago, it was repeatedly asserted that gender as a concept was wholly distinct from sex. The two terms it was claimed, referred to two separate things. The simplistic explanation that was routinely trotted out was that sex is what is between your legs, and gender is what is between your ears. This claimed distinction had its own coherency problems, but at the very least it implicitly acknowledged the reality of the binary biological categories of male and female. There was a semantic game being played in attempting to divorce the concepts of “man” and “woman” from their biological underpinnings in “male” and “female”, but the biological notions of “male” and “female” were not themselves being challenged or changed. As trans ideology takes its next reality-obscuring step forward, it appears that is no longer true.

In her dissent, Pryor argues not that bathrooms separated by biological sex are unlawful, but rather that biological sex itself is determined by one’s “gender identity”, which means that when a transgender boy (ie a female who is claiming to be a boy) is denied the use of the boys bathroom, it can only be a result of “his” transgender status, because “he” is, in fact, a biological male. You may think I am joking, or misunderstanding, or making this up. I am not.

From Pryor’s opinion:

“To start, the majority opinion simply declares—without any basis—that a person’s “biological sex” is comprised solely of chro- mosomal structure and birth-assigned sex. So, the majority opinion concludes, a person’s gender identity has no bearing on this case about equal protection for a transgender boy. The majority opinion does so in disregard of the record evidence—evidence the majority does not contest—which demonstrates that gender identity is an immutable, biological component of a person’s sex.

With the role of gender identity in determining biological sex thus obscured, the majority opinion next focuses on the wrong question: the legality of separating bathrooms by sex. Adams has consistently agreed throughout the pendency of this case—in the district court, on appeal, and during these en banc proceedings— that sex-separated bathrooms are lawful. He has never challenged the School District’s policy of having one set of bathrooms for girls and another set of bathrooms for boys. In fact, Adams’s case logi- cally depends upon the existence of sex-separated bathrooms. He— a transgender boy—wanted to use the boys’ restrooms at Nease High School and sought an injunction that would allow him to use the boys’ restrooms.”

This is a remarkable display of sophistry in several respects. but it is not Pryor’s alone. She cites and claims to be relying on “expert” testimony at the original trial in which a Dr. Ehrensaft claims that “external genitalia alone— the typical criterion for assigning sex at birth—[was] not an accurate proxy for a person’s sex” and that:

“[M]edical understanding recognizes that a person’s sex is comprised of a number of components including: chromosomal sex, gonadal sex, fetal hormonal sex (prenatal hormones produced by the gonads), internal morphologic sex (internal genitalia, i.e., ova- ries, uterus, testes), external morphological sex (ex- ternal genitalia, i.e., penis, clitoris, vulva), hypotha- lamic sex (i.e., sexual differentiations in brain devel- opment and structure), pubertal hormonal sex, neu- rological sex, and gender identity and role….When there is a divergence between these factors, neurological sex and related gender identity are the most important and determinative factors.”

Again, there is a lot of word salad and sophistry going on here, but read that one more time. It is saying, quite explicitly, that when a person’s “gender identity” diverges from biological sex-indicators, “medical understanding” is that “gender identity” is the determinative factor in establishing a person’s biological sex. Now, I don’t know how widespread this understanding actually is in the medical community, and I suspect it isn’t at all the common medical understanding (which would make the Dr.’s testimony border on perjury). But it is an indication that we are entering the next phase of the trans ideological war on objective reality, and its attempt to impose itself simply by redefining words and concepts.

The goal here is to essentially make it impossible to even talk about (and hence to think about) the historical understanding of the biological binary. Under the previous iteration of trans ideology and language, it was laborious but at least still possible to have a coherent discussion by using the words “male” and “female” where one would have in the past used “men/boys” and “women/girls”. However, if even the words “male” and “female” are going to be re-defined as being determined by “gender identity”, it will no longer be possible to have that discussion. And again, that is surely the whole point here, to make that discussion impossible.

Watch for this to start showing up more often in these cases.

Happy Independence Day!

We lasted another year. I can’t say the prospects look good for the long term, but I am marginally more optimistic than I was last year, so let’s celebrate while we still can. Hope you all have a good 4th!

What Vaccine Mandate Advocates Don’t Talk About

It is interesting to me that vaccine mandate proponents never talk about or account for the more than 60 million people in the US who have natural immunity from having already contracted and recovered from covid. (60 million is the low end of estimates…the CDC, which I no longer trust due to its politicization, puts the number well over 100 million) Even if we accept the pretzel logic used to rationalize mandate advocacy, that logic does not hold for the huge number of people who already have what the vaccine will ostensibly give them. Even if nothing else does, I think this not insignificant demographic poses an insurmountable obstacle to justifying these authoritarian desires, which I presume is why it is usually just ignored by mandate advocates

The other notable thing about the mandate crowd is the complete lack of any acknowledgement of just how extraordinary the thing they want to do really is. It would be one thing if they argued that draconian government measures were justified on the basis that they are needed to combat an extreme situation. “Hey, we understand why this is objectionable, and it is very unfortunate that we have to take these steps, but we are in an existential crisis and only extreme measures can turn it around.” It wouldn’t make their position any more sensible or any less troubling, but at least it would indicate some shared understanding and embrace of what constitutes governmental norms in a civilized, free society. The argument, then, would simply revolve around a prudential judgment about just how “extreme” the current situation with covid actually is, and just how necessary the draconian steps actually are.

But this is not what they are arguing. They are suggesting that people who are reluctant to get the vaccine are the bad guys, that it is not Covid but what these people are doing (or, in fact, not doing) which is the cause of harm to other people, and that protecting the populace from the harmful (non-)acts of these people is what government exists to do as a matter of course. Biden suggests that the government has so far been compassionately indulging vaccine reluctance, but that “patience” is up and it is time for the government to do its job.

And what is that job? Put plainly and stripped of the vague generalities and benign language that is usually used, the stark reality of what they advocate is this: They want the government to forcibly impose a medical procedure on healthy people against their will, one that consists of injecting them with brand new and relatively untested medical technology. It is possible, I suppose, to imagine an extreme circumstance in which such a plain imposition on individual liberty might be arguably justifiable in a free and civilized society, at least relative to the probable alternative. But anyone who thinks such a measure is not a violation of personal liberty at all and thinks it is akin to traffic regulations or public nuisance laws does not share my notions of personal liberty, limited government, or what constitutes a free and civilized society. And to me such a mindset is immensely more dangerous to the future safety and well-being of the nation than vaccine hesitancy.

Joe Biden, truth teller?!? (Part I)

In the first of what will surely have to be an on-going series, let’s examine the proposition that President Joe Biden is that rarest of rare things, an honest politician.

Let’s start with his well-documented past deceptions and lies. And they are well-documented indeed, primarily because it was documented at a time when the media was still making nods to at least the pretense of being an objective and honest broker of information. Biden’s first run at the presidency in 1988 ended in failure when it was revealed that he was plagiarizing other people’s political speeches, most notably those of British Labour MP Neil Kinook, going so far as to even steal Kinook’s stories about his own family’s history. The late Robert Kennedy was also someone from whom he stole.

And it wasn’t Biden’s first foray with presenting other people’s work as his own. Back when he was in law school, he was caught plagiarizing from others’ work in one of his law papers. In a confrontation with a reporter, in which he prefaced his remarks with the Trumpesque braggadocio “I probably have a much higher I.Q. than you do, I suspect”, he claimed that he earned three degrees as an undergraduate, was the only person in his law school class to get a full scholarship, and ultimately finished in the top half of his law school class. All of these were lies.

During that 1988 campaign, his staffers tried to stop him from falsely claiming to have joined the Civil Rights marches of the 1960s, but the lie was repeated at several campaign stops. When the campaign was imploding on the back of the plagiarism charges, and Biden was struggling to stay in the race, he implicitly copped to the lie while trying to avoid admitting it, saying ““I find y’all going back and saying, ‘Well, where were you, Senator Biden, at the time?’ — you know, I think it’s bizarre. Other people marched. I ran for office.”

But the lies about his activism during the Civil Rights era didn’t start with his 1988 campaign. He’d been telling porky pies about it for years.

When Biden gave up on his 1988 quest for the presidency, he finally admitted:

”I was not an activist…I worked at an all-black swimming pool in the east side of Wilmington, Del. I was involved in what they were thinking, what they were feeling. But I was not out marching. I was not down in Selma. I was not anywhere else. I was a suburbanite kid who got a dose of exposure to what was happening to black Americans.”

That burst of honesty proved to be only temporary. By the time he was running for the presidency again in 2020, he was back to touting his imagined youthful activism again.

Of course, the 2020 campaign provided Biden with the opportunity to lie about all kinds of things, not just his Civil Rights (non-)activism. In South Carolina he told an audience that:

When I got out of the United State Senate, instead of taking a Wall Street job – and they’re not bad, I’m not making them bad – but instead of doing the things that I never did before, I figured I wasn’t going to change all these years from what I was comfortable doing. So I became a teacher. I became a professor.

Actually, the job he took when he left the US Senate was the job of Vice President of the United States. But aside from his confusion about the job he left in 2016, what he actually became at that point was the recipient of what was essentially a no-show job with a huge salary, an honorary “professorship” at UPenn in exchange for his name and a few appearances at “big ticket” events. He never taught a single student in a single class.

He also repeatedly told campaign audiences that he had been arrested trying to visit Nelson Mandela. Eventually he was forced to admit that it wasn’t true.

And it isn’t just his own personal history that he lies about. He’s an inveterate liar about policy. In his final debate with Trump, he claimed that “not one single person, private insurance, would lose their insurance under my plan, nor did they under Obamacare.” Of course, Obamacare literally outlawed certain insurance plans, resulting in many millions of people losing their insurance.

In that same debate he said ““I have never said I oppose fracking.” Sure, Joe.

During an earlier debate, speaking about Obama era border enforcement policies, he said “What Latinos should look at is, comparing this president to the president we have is outrageous, number one. We didn’t lock people up in cages. We didn’t separate families. We didn’t do all of those things, number one.” Whether one wants to call them cages or not, in fact the facilities used to detain illegal immigrants under Trump were the exact same facilities used to detain illegal immigrants under Obama.

In an interview with Anderson Cooper, Biden had this to say about his opponent, President Donald Trump:

Have you ever heard this president say one negative thing about white supremacists? Have you ever heard it? That’s the reason I got back in this race because of what happened in Charlottesville. People coming out of the woods carrying torches, their veins bulging. Close your eyes and remember what you saw. And a young woman gets killed, that resisting the hate and violence. And the president gets asked to comment on it. what does he say? He says there were “very fine people on both sides.” He wouldn’t even condemn David Duke, for God’s sake.

In 2000, Trump condemned David Duke as “a bigot, a racist, a problem”. During the 2016 campaign, Trump condemned and disavowed Duke over, and over, and over again.

As for white supremacy, Trump has repeatedly condemned it. In one White House address Trump said:

Racism is evil. And those who cause violence in its name are criminals and thugs, including the KKK, neo-Nazis, white supremacists, and other hate groups that are repugnant to everything we hold dear as Americans.

Even his infamous and much mischaracterized “very fine people” comments following the violence in Charlottesville, which is the basis for the Biden’s deceitful insinuation, Trump specifically said (12:55) ” I’m not talking about the neo-Nazis and the white nationalists, because they should be condemned totally.”

So is President Joe Biden an honest politician, or does it seem more like he is dishonest? On past evidence, it appears that he has been dishonest pretty much perpetually about his past, about policy, about other people, about his own actions, going all the way back to his law school days in 1966. We’ll see if he maintains his record for dishonesty while he remains President. Stay tuned…


Merry Christmas everyone

The federal government is King George 7/12/17

In the Declaration of Independence, the Founding Fathers explained their departure from secession from the British Commonwealth by listing the King’s transgressions against them, among which were:

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.


He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

How ironic that our government has become exactly that which the Founders rebelled against in the first place.

An “independent”, agenda-setting bureaucracy 10/24/16

There is an op-ed article today in the WSJ, unfortunately behind the firewall, that unwittingly lays bare the unconstitutionality of the regulatory state as it currently exists in the US. The article was written by former Chairman of the SEC, Arthur Levitt Jr., and is ostensibly a critique of Senator Elizabeth Warren’s call for current SEC Chairman Mary Jo White to be removed for failing to implement a “rule” regarding corporate political donations that Warren favors. Levitt correctly calls out Warren for improperly trying to influence the SEC’s “agenda”, but his reasoning reveals the mindset of these unelected bureaucrats and how shamelessly unmoored from the Constitution the regulatory state has become.

Levitt says:

No rule—no matter how merited—is worth the damage that would be caused if the SEC were compelled by political intimidation to write it. That’s not how good regulations emerge, and what’s worse, it would poison the regulatory process for all time. The moment the SEC loses its ability to set its own agenda is the moment it loses its ability to protect the investing public.

The SEC does not operate as a pass-through entity for Congress, merely following congressional direction. Rather, it’s an independent agency, and its chairman is empowered to set the agenda for the agency’s work. This agenda takes shape in many forms—rule makings, speeches and enforcement actions—and must be set by the chairman, not Congress. This is by design.

Say what? The “agenda” of unelected bureaucrats agency “must be” set by themselves and not by the elected members of Congress? Perhaps Levitt would like to point out where in the Constitution such bureaucrats have been granted this rather awesome power. Contrary to what Levitt seems to think, that the SEC is supposed to operate as a “pass-through” entity for Congress, following its direction, is the only way it can operate that would justify its existence.

Levitt goes on to say:

That’s not to say the agency should be free from congressional oversight. Throughout its history, politicians from both parties have sought to influence its work. That’s to be expected, and a good regulator welcomes outside views, especially those coming from elected leaders who write the laws the SEC implements. Ultimately, Congress holds the power to pass laws requiring agency action; and that option is available to Sen. Warren.

But Congress must respect the SEC’s independence, and thus freedom, to focus on a fixed agenda. Once confirmed to lead the SEC, its chairman has a singular goal: To meet the agency’s mandate to protect investors, facilitate capital formation, and ensure fair and orderly markets.

Well, isn’t that generous. Good regulators should “welcome” the “outside” views of elected representatives, the very people who are actually empowered by the Constitution to write legislation.

Levitt is of course correct to inform Warren that if she wants to impose a new law, Congress has the power to do exactly that through actual legislation. But it is precisely the vaguely defined regulatory “mandate” that Levitt himself embraces which allows the likes of Warren to think that she can impose new laws without the hassle of actually going through the constitutional process.

This is an excellent example of how pervasive and shameless the undemocratic, unconstitutional mindset that typifies the regulatory bureaucracy has become.

(This link may or may not work to get the article…not sure:

Unfit for the Presidency

“I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.” – Oath of office of the President of the United States

Donald Trump’s fitness for office has been a much discussed topic during this campaign season. Democrats, not surprisingly, dismisses him as entirely unfit to be President. A bit more surprising, at least on the surface, is the sizable contingent of non-D’s, conservatives and libertarians alike, who make equally strong pronouncements about Trump’s lack of fitness for the office. To be honest, I count myself among those who do. Notably, however, there has been an almost complete lack of any discussion about his opponent’s fitness for office. Why is that?

It seems that simply because HRC is a standard politician, acting well within the bounds of behavior and ideology that are standard for her party, and she has maintained a long-standing presence and a good deal of experience on the American political scene, that she is deemed to be suitable to hold the office, even by those who think she is entirely wrong from a policy perspective. She is wrong, they say, but wrong within the normal bounds of American politics. I think that notion is worth challenging. Specifically, I’d like to propose that, as a progressive, HRC is ideologically unfit to be the president.

Now, by ideologically unfit to be president, I do not mean simply that her policy preferences make her unfit. I do not think that she is unfit because she is pro-abortion, or because she favors raising the national minimum wage, or any of the other policy stances on which I hold an opposing view. What I mean is that her progressive ideology prevents her from honestly taking the oath of office. If she were to profess that as president she will protect and defend the Constitution of the United States, she would be professing a lie. Simply put, progressivism as an ideology is not compatible with the US Constitution.

This really shouldn’t be a matter of too much controversy. In a campaign speech in 1912 proclaiming the virtues of progressivism, the original American progressive, Woodrow Wilson, laid out the basic conflict between progressive ideology and our founding document. Using the strained metaphor of government as a “living thing”, he asserted that government cannot be constrained by fixed rules, as a machine is constrained by Newtonian laws of physics. It is ever changing and must “evolve” according to its environment, just as organic life evolves. (Wilson was apparently under the strange impression that the evolution of living things takes place outside of the laws of Newtonian physics.).

Wilson’s progressivism was particularly opposed to the constitutional notion of the separation of powers as a means of protecting citizens from abuses of power. He disparaged the idea, fundamental to the Constitution, of “checks and balances”.

The trouble with the theory is that government is not a machine, but a living thing. It falls, not under the theory of the universe, but under the theory of organic life. It is accountable to Darwin, not to Newton. It is modified by its environment, necessitated by its tasks, shaped to its functions by the sheer pressure of life. No living thing can have its organs offset against each other, as checks, and live.

Instead, Wilson argued, the various power centers of government must be centers of “quick cooperation” in pursuit of “their amicable community of purpose”, responding to “the commands of instinct or intelligence”. The source of this “purpose” and the “commands of instinct and intelligence” guiding government power was not identified, but the implication was clear. The various branches of government ought not be checking the power of the others, but rather should be acting in concert to achieve government directed “progress”. To the extent that there are to be any “checks and balances”, they are checks against the lack of “quick cooperation” in implementing progressive policy.

Wilson did not hide the fact that this represented a unique approach to the constitution and to government, saying:

All that progressives ask or desire is permission—in an era when “development,” “evolution,” is the scientific word—to interpret the Constitution according to the Darwinian principle; all they ask is recognition of the fact that a nation is a living thing and not a machine.

Thus was born the radical notion of a “living” constitution, which changes not by the process explicitly laid out in the Constitution itself, but rather by an assumed-to-be natural process of simple re-interpretation, required by the presumed needs of the day as determined by the government itself. Or, in other words, a completely unconstitutional approach to the Constitution, one in which the only limit to the power of the federal government is the willingness of those in power to claim that circumstances require that power to be exercised. And one that has gained traction in undermining the Constitution ever since.

This disdain for the restraints that the constitution places on the federal government, and hence on the ability of the federal government to effect progressive goals, as well as disdain for the constitutional method by which the Constitution can explicitly “evolve”, has grounded progressive politics since Wilson. It was the basis for FDR’s radical New Deal legislation and his subsequent strong-arming of SCOTUS into allowing it. It is the basis on which progressives have come to appoint judges to the federal courts, making a litmus test out of a willingness to adopt the “living constitution” theory of interpretation, changing the Constitution not by popular acclimation but instead simply by judges declaring that it says what they want it to say. It is the basis for much of Obama’s executive actions as president, the perfect example of which is his immigration policy on amnesty and deportations, which he explicitly acknowledged in 2011 that he did not have the constitutional authority to implement, but he later went and did it anyway.

This is the legacy of progressivism that HRC has inherited and the ideology which she seeks to further as the president. And it is inherently in conflict with the Constitution. To be clear, this is not an argument that progressive ideology is deficient (although I think it is). This is not an argument that progressive goals pursued at the federal level would be to the detriment of the nation (although I think, on the whole, they have been and would be). It is simply an argument that progressivism, whether good or bad for the nation, is not compatible with the Constitution as it actually exists. Which means any progressive who would take the office of the Presidency must, of necessity, lie when taking that oath.

I think that anyone who cannot sincerely and honestly promise to protect and defend the Constitution of the United States as president, or worse anyone whose ideological goals requires them to actually subvert or ignore the Constitution, is quite simply not fit to hold the office. Hillary Clinton is just such a person.*

*So, BTW, is Donald Trump, which is exactly what makes this election so painful for anyone who actually cares about American constitutional government.

Brexit Report: Chaos ensues

The UK voted to leave the European Union last night, 52% to 48%. taking the market by surprise. All markets had discounted the possibility of a Leave vote going into the referendum, resulting is massive market moves once it became clear that Leave had won the day.

The GBP dropped nearly 14% at one point, from 1.49 down to 1.30. It is currently back up to 1.39.

Rates across the globe have rallied. The UST 10yr note is currently at 1.54%, and traded as low as 1.42%, after closing yesterday at 1.73%. German 10yr bonds are back into negative yield territory, having dropped to -.15%, although they have since sold off back to -.07%.

Stock markets have been crushed. The FTSE is down 271 points (4.3%) but is off the lows, having opened up down almost 600 points. Dow and S&P futures are down 472 and 71 points respectively. The UK financial sector has been hit particularly hard. Barclays and RBS were each down nearly 30% at one point. Eurpoean banks are down roughly 8% across the board.

Prime Minister David Cameron has already resigned. It is unclear who will replace him atop the Conservative Party, or whether he will call for a national election, but former London mayor Boris Johnson, who was a vocal Leave supporter, certainly has to be looking good. Populist leaders across Europe, from Sweden to France, are already calling for similar referendums in their own countries, although the likelihood of it happening any time soon is remote, especially given the complicating factor of the single currency, which the UK was never a part of. More probable is that people will wait to see how Britain’s exit plays out. But clearly this is a bad sign for the future of the European project.

Next up: Texit?

Missing Morning Report Open Thread 5/18/16

Figured after 5 days it was time to open up a new post.

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