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CRACKED BELL [Andrew Stuttaford] Here’s the response of Guardian cartoonist, poor, dumb Steve Bell, to the Schiavo affair. Typical of Bell’s dim-witted daubings, the image is unfunny, ignorant, childish and crude. Many readers here will find it offensive, some deeply so, but most, I hope, would agree that Bell has the right to express himself in that way, and the Guardian has the right to pay him to do so. At the same time, ask yourself this. Do you think that the Guardian would have run that sort of cartoon if it contained similar imagery mocking the faith of a Muslim or a Hindu leader? Somehow I doubt it. Posted at 08:07 PM SPORTING HERO [Andrew Stuttaford] From the Daily Telegraph: “When he signed up for a television diet programme, he weighed 30 stone and drank 25 bottles of lager a day and got out of breath walking down the street: meet Andy Fordham, the new face of English sport. Mr Fordham, 42, a contestant on Celebrity Fit Club, on which he struggled to improve his lifestyle and so far has lost more than two stone, is a world champion at darts, which gained official recognition as a sport yesterday.” And so it should. Posted at 08:06 PM TRANSATLANTIC SPAT [Andrew Stuttaford] Good grief. What happened? I go away for a few days to the Gomorrahs of London, Stockholm and Amsterdam, and return to find inhabitants of this usually happy Corner burning the Union Jack, exchanging blows over British conservatism and arguing over who is the more hysterical, the Brits or the Yanks. So here goes... On British and American conservatism: there are two key distinctions to be made. The first is the most important. Basically, American conservatism grew up in response to the failure of the American right to organize an effective response to the FDR years. It developed a specific ideology, which defined itself as much against its fellow travelers on the right as it did to the enemy on the left. Like any ideology, it comes with ideologues, and ideologues are always uncomfortable with dissent. Contemporary British Conservatism, by contrast, was far less of a conscious creation. It evolved in response to the seemingly unstoppable rise of the Labour Party in the UK and grew to encompass just about anyone (with the exception of that collection of freaks and misfits better known as the Liberal Party) who rejected Socialism. It was a broad church. It had to be. Broad churches have little room for narrow ideologies. Add to that, the native British distrust of ideological rigor and idle philosophical speculation, and you are bound to get a far fuzzier ‘conservatism’ than its equivalent in the US. And then there’s religion. Much of the intensity of the US conservative response to the tragedy of Terri Schiavo (and other matters) can only be understood as a reflection of the way in which much of American conservatism is intertwined with a strong sense of religious faith. This intertwining was in part deliberate (American conservatism was also a response to the perceived failings of the increasingly secular nature of mid-century America) and, of course, was also a reflection of the fact that America always has been a profoundly religious country. The Brits, by contrast, have long been more secular than their cousins across the Atlantic, and have a tradition of suspicion of those who are too enthusiastic in professing their religious belief (Blair’s open religiosity undoubtedly costs him votes). There are any number of reasons for this, but a good place to start would the country’s experience during the 1640s civil war and its aftermath, but now is not the time to go into that. Suffice it to say that British conservatives are thus less interested in the specific teachings of the church than the role that it can play a maintaining a reasonably decent, adequately functioning, tolerably orderly society. Actual ‘belief’ was not, and is not, required of Conservatives. Winston Churchill explained that he was not a “pillar” of the Church of England, but a “buttress”: he supported it from outside. That seems to me to be an entirely sensible point of view. Finally, hysteria. Traditionally, I would have said that the Brits did put more emphasis on restraint, moderation and that most maligned of virtues, emotional repression than did the Yanks, but then Princess Diana died… Posted at 08:05 PM SPARING ELK A PAINFUL DEATH [K. J. Lopez] "Five stranded elk shot; they faced slow starvation" Posted at 09:01 AM DEATH BY TRADE [John J. Miller] This just in from the halls of academe: Free trade killed the Neanderthals. What does this tell us about anti-globalization protestors? Posted at 05:43 AM Friday, March 25, 2005 RE: RE: DELAY [Ramesh Ponnuru] True, Jonah--I meant to include a link to that post. I didn't mean to be implying any wrongdoing on your part, just wanted to note that this topic had come up here. Posted at 07:04 PM RE: DELAY AND SCHIAVO [Jonah Goldberg] Ramesh - It's late on a Friday so we'll leave the merits for another time. But I should note, just for the record, that fifteen minutes after I posted the item about Delay and that quote, I did post a reader-email suggesting that he'd been quoted out of context. Whether he was or not we can discuss another time. Posted at 06:16 PM CENSORSHIP WATCH [Andrew Stuttaford] One of the more sinister aspects of EU integration is the way that the existence of a common EU extradition warrant can be used to punish behavior that would not actually be criminal in the country where it took place. Lets take a look at the case of Gerhard Haderer. He’s an Austrian cartoonist who published a satire on the life of Jesus. Like most satires, it is not very respectful, but it contravenes no Austrian law. Unbeknown to him, however, the book was republished in Greece, a country not known these days for its attachment to freedom. The book was banned, Haderer was found guilty of blasphemy and sentenced to jail. He’s appealing, but if he loses, he can under EU law be extradited to Greece to serve his time and Austria cannot do anything about it. That’s bad enough in its own right, but the implications are worse. What, for example, if a writer posts an article on the internet that is perfectly legal in his country, but contravenes the law elsewhere in another EU state (perhaps one of those ludicrous, but increasingly fashionable and increasingly repressive laws directed against ‘xenophobia’)? If that article is then downloaded in that country, is there a chance that its author could find himself extradited, convicted and silenced? I think there is. John Miller, plan your travel, very, very carefully. Posted at 04:51 PM CHIRAC THEN [Andrew Stuttaford] These days Chirac may like to compare economic liberalism with the horrors of communism, but here’s what he was saying in 1984: "Liberalism seems to be working... Faced with a state machine that has become crazy, faced with a state bureaucracy that is growing monstruously, faced with an already difficult situation that will become even bleaker in the coming years, what will the next political leader be able to do, after the next election? He won't have any other choice than liberalism. More to the point: liberalism won't be a choice, but a necessity." Back then, of course, he was looking to win an election against the Socialist president Mitterand. Times, quite clearly, have changed. The reader in France who sent me that quote adds this: “Let us not forget that Chirac in his youth was a communist, distributing l'Humanite, the French communist newspaper, on street corners. [He] is more of a "girouette" (wind vane) than Clinton ever was...” Posted at 04:40 PM ELIZABETH WHELAN [Ramesh Ponnuru] loses some credibility with this op-ed. Are we really supposed to take seriously the idea that the only people with "agendas" (or beliefs) on this issue are on the other side from her? I neither believe nor disbelieve William Cheshire's conclusions, but I don't see how his position on stem cells matters any more than Whelan's does. (See here for my critique of her allegedly scientific, agenda-free take on this topic.) See here, here, and here for responses. Posted at 03:58 PM DELAY AND SCHIAVO [Ramesh Ponnuru] You may have read--in the New York Times but also here--that Tom DeLay had suggested that God gave us the Schiavo case to bring our attention to what truly matters, and not to the scandal charges against him. I've gotten a copy of the DeLay speech in question. (A partial version, which includes the excerpts below, is online.) It may be relevant that the person who introduced DeLay had said that liberals were engaged in a co-ordinated attack on him. At the start of this passage, which comes toward the end of the speech, he is talking about the Schiavo case. "This is critically important. I know you know that. It is more than Terri "And let me just finish with this. This is exactly the issue that is going on "That whole syndicate that they have going on right now is for one purpose "You know one way they stopped churches from getting into politics was Lyndon "If they go after and get a pastor, then other pastors shrink from what they "So, please, this afternoon, each and every one of you, if you know a Whatever else can be said of DeLay's comments, it seems clear to me that they cannot bear the construction put upon them by his critics. Posted at 03:42 PM PROGRESS IS THE MOTHER OF PROBLEMS [Jonah Goldberg] Remember that conversation about techonology and Schiavo around here? I decided to write another column about it. Update Grrr. Because of some weird editing oversight -- i.e. I failed to catch the edit before it went out -- my column doesn't mention that Beaconsfield was in fact Benjamin Disraeli. I was not intending to be so cryptic. Posted at 02:51 PM RE: NOT STARVING [Jonah Goldberg] I listened to Michael Schiavo's lawyer on the radio complaining at the outrageous rhetoric from opponents of having her feeding tube removed. Starvation and dehydration, he explained, are part of the natural process of death. Thousands of patients dying from cancer and the like stop eating when the end comes he explained. It is natural to refuse sustenance when dying, he assured reporters more than a bit indignantly. The only problem is that she hasn't refused food and water, she's been denied food and water. She isn't dying of something that causes her to taking food and fluids, she's dying because she's being denied such things. If she must be put to death can we at least speak clearly that this is what's being done? Posted at 02:39 PM WHAT HAPPENED IN TEXAS [K. J. Lopez] I'm still hearing the talking point about how Bush is a hypocrite re Schiavo because of a bill he signed in Texas. This post, from earlier in the Week here, I think is helpful: WHAT PRESIDENT BUSH DID IN TEXAS [K. J. Lopez] Posted at 11:59 AM IN THE FLORIDA COURTS [K. J. Lopez] ST. PETERSBURG - More than 20 years ago, a jury took only about an hour to convict James Floyd of murdering an 86-year-old woman in her home. They took another hour to send him to death row. Posted at 11:53 AM KYRGYZSTAN [John Derbyshire] If you've read this morning's newspapers, you'll know about the coup in Kyrgyzstan. And if you thought you'd never have to pay attention to wretched places like Kyrgyzstan, that's because you haven't been reading my columns. Posted at 11:09 AM THE FALLING OUT [Rich Lowry] Long USA Today piece on the history of the falling out between Michael and Terri's parents. Posted at 10:49 AM BUSH JOB APPROVAL RATING [Rich Lowry] ...is at an all-time low, 45%, according to the latest USA Today poll. But something seems screwy since the percentage of Democrats is way up since last week's survey, which had Bush at 52%. Posted at 10:47 AM THAT HEARTENING RAID... [Rich Lowry] ...by Iraqi forces on the insurgent training camp may have been over-blown... Posted at 10:42 AM UN... [Rich Lowry] ,,,points Syria's way in the Hariri assassination... Posted at 10:37 AM HOW LIBERALISM FAILED [K. J. Lopez] Terri Schiavo Posted at 10:36 AM CHIRAC, AGAIN [Andrew Stuttaford] The death toll from communism is, roughly speaking, one hundred million people, the number of other victims is, quite literally, countless. Jacques Chirac, however, thinks that free market principles are “the new communism of our age”. The London Times is not impressed. Chirac’s comments, it said, “will be a surprise to those who had the misfortune to spend time in the labour camps. In reality, what this sad saga and his ludicrous statement illustrate is that Chiracism is the new infantilism of our era. His crass protectionism is naked populism pure and simple. In a similar vein, as part of yet another political tack, he opted yesterday to embrace the cause of poverty in the Third World (as if those souls had not suffered enough) and this despite his unrelenting refusal to contemplate the wholesale overhaul of a Common Agricultural Policy that condemns millions of people there to abject misery.” Indeed. Quite why any of the EU’s Eastern European leaders should now want to be in the same room as Chirac now escapes me. He has insulted their history, and belittled the memory of their dead. What a disgrace. Posted at 10:33 AM NEWS FLASH [Rich Lowry] Schiavo is not being starved or even really denied food and water, according to the New York Times... Posted at 10:33 AM ZAKARIA CONT. [John J. Miller] In an email, Nick Schulz of TechCentralStation chimes in on Zakaria: "That Zakaria stuff is an outrage. He has no idea what he’s talking about. All the interesting ideas about development in recent years have come from the political right or from non-ideological folks (Hernando de Soto, William Easterly, etc.). Fareed cites the WHO success in smallpox. He’s right, and that was the WHO’s most notable success – almost two generations ago. Since then the WHO has become a highly politicized agency that has strayed wildly from its core mission. It has badly bungled treatment of malaria and TB – which, ironically, Fareed mentions at the end of his piece as chronic problems without mentioning WHO’s role in blowing it. And he doesn’t dwell on HIV/AIDS, which the WHO is also managing badly (while the conservative Bush administration has stepped up with serious money and smartly-designed treatment programs). WHO is a textbook case of what’s wrong with global aid today. The green revolution has been successful, but it’s not typical of the kind of aid conservatives criticize – namely, government to government transfers. What conservatives have championed (technology transfer and private sector involvement) were instrumental in the green revolution. I’m not surprised at the gratuitous swipes at conservatives from Fareed, but he might want to get his facts right in the future. Most Africans would put more ‘work’ into op/ed columns than he did." Posted at 10:25 AM "IN DEFENCE OF BRITISH CONSERVATISM" [Jonah Goldberg] I don't particularly want to continue yesterday's thread, but let me just respond to this fairly representative email from a conservative at the London School of Economics: Dear Mr Goldberg, Me: Just to be clear, I take a back seat to nobody in my entirely irrational, almost hysterical in the grand American tradition, Anglophilia. I support the monarchy to the extent I think the Brits would be enormous idiots to get rid of it. I like British conservatism and find much to admire in it. My only point in this regard was that conservatives in different places want to conserve different things. Posted at 10:21 AM THE SCHIAVO CONNECTION [Ramesh Ponnuru] When party leaders have a view of reality that is at odds with that of their base, they've got a looming political problem. I suspect that Hill Republicans think that they have just gone the extra mile for pro-lifers with the Schiavo bill and therefore should be cut a little slack on stem cells. Most motivated pro-life voters, on the other hand, are going to be coming at this with a totally different mindset: By their lights, the Republicans waited until the last minute to act in the Schiavo case--and then failed. They are not going to be happy with Republicans who are deliberately and freely choosing to highlight an issue where the politics are difficult for pro-lifers right after they have had a bitter defeat. Posted at 10:12 AM HOUSE LEADERSHIP SELLOUT [Ramesh Ponnuru] Rick Weiss reports in WaPo that the House leadership has promised Rep. Mike Castle (R., Del.) a vote on his bill to expand taxpayer funding of embryo-destructive research. Based on the story, it looks as though the leaders didn't even consult with pro-lifers first. Bush has pledged to veto any funding expansion, but for the House to go on record for it would be demoralizing for pro-lifers and potentially politically costly for the president. (It would be likely to be his first veto.) Pro-lifers' strategy should be to keep the House from passing it, certainly as a stand-alone proposal. It is very likely that there is majority support for Castle's bill in the House, so that's going to be difficult--but not impossible. The thing to do now, it seems to me, is to attach popular pro-life amendments to the bill. A majority of the House--not including Castle and his co-sponsor Diana DeGette (D., Colo.)--has gone on record against all forms of human cloning. Put that on the bill, and see if Castle and company are still eager to pass it. Another amendment would be to set an age limit on the human embryos that can be used in research, public or private. And pounding the House leadership a little wouldn't hurt, either. Posted at 10:07 AM ZAKARIA & AFRICA [ Jonah Goldberg ] As someone who got a lot of grief for arguing we should consider invading Africa in order to save it (see here and here ), I suppose I'll chime in too. Although I think Ramesh makes the most salient point. The right -- loosely defined here as the people the left dislike -- has been very interested in coming up with new ideas about how to save Africa. The left, it seems to me, has been mostly interested in the same old remedies -- debt relief, direct aid, increasing budgets for NGOs etc. I do think there are a lot of very sincere liberals and lefty types who work very hard and do great work in Africa. But if the issue is "new ideas" I don't think Zakaria's swipe holds much water. Poke around Tech Central Station if you want to find an endless series of innovative ideas about Third World development, particularly in Africa to see what I mean. Zakaria is more than smart enough to know better than to engage in this sort of strawmanism. Posted at 10:01 AM RE: ZAKARIA [Ramesh Ponnuru] For two decades, Hernando de Soto's ideas about helping the Third World poor through property rights have been more popular on the American Right than on the Left. Whatever else you think of those ideas, they're not part of Zakaria's "catechism." Posted at 09:21 AM 11TH CIRCUIT & "LEGISLATIVE INTENT" [Jonathan H. Adler] The 11th Circuit panel majority did cite a Senate colloquy in its decision, but I don't think that this demonstrates that the decision was based upon an inappropriate use of legislative history, nor do I think the colloquy was necessary to support the decision. As the court noted, Congress knew how to require a stay -- indeed a prior draft of the legislation included language that would have required a stay -- but such language was not in the final statute. Quoting one, ten or twenty legislators doesn't change this fact. The 11th Circuit panel was required to review the district court's decision for abuse of discretion -- a very demanding standard -- and the majority properly exercised that obligation. This does not mean there was no injustice in the Flroida courts, only that there was not a federal constitutional violation. Posted at 09:18 AM "BEYOND A REASONABLE DOUBT"? [Jonathan H. Adler] With all due respect, I think Andy is stretching the law quite a bit to argue that federal law, indeed the Constitution, requires that the burden of proof for criminal cases ("beyond a reasonable doubt") must be applied in civil proceedings that will result in the end of life. I understand the rationale for such a standard, but I don't think it can be plausibly argued, as Andy does, that this is the law today. There is certainly nothing in Cruzan or other cases to suggest as much. I understand and appreciate Andy's motivation, but I simply don't think this argument can hold water any more than his substantive due process claims. Posted at 09:11 AM WHITTEMORE SAID NO [K. J. Lopez] again this morning Posted at 08:35 AM ZAKARIA, CONSERVATIVES, AND AFRICA [John Derbyshire] J.J.: Zakaria’s comments are not completely invalid. An awful lot of aid money to Africa DOES end up in Swiss bank accounts, and a lot of conservatives have pointed this out. Can’t see anything wrong with that. I honestly don’t believe, though, that I have ever heard or read a mainstream conservative saying that Africans don’t want to work. I myself have said the opposite thing, here. Posted at 08:33 AM ONE MORE TRY [K. J. Lopez ] Andy McCarthy's latest: I respectfully believe the attorneys for Terri’s parents should go back to the federal district court and seek the reinsertion of her feeding tube--whether by a temporary restraining order (TRO) or the court’s power under the All Writs Act--on the narrow but epically important ground that due process in the United States requires proof beyond a reasonable doubt before a court may issue an order that results in the taking of life, a right that Terri has been denied. Posted at 08:27 AM I AM A TATRA MOUNTAIN SHEEP DOG [Jonah Goldberg] What dog breed are you? Note: to play click on the link to the right of the screen. Also note: I would prefer if I didn't actually hear from too many people telling me what breed they are. Posted at 08:13 AM THE WILLIAM SHATNER FAME AUDIT [Jonah Goldberg ] I didn't know about this site before, but I like it. Posted at 08:04 AM GOOD FRIDAY [K. J. Lopez] We're not posting a new site today--though expect a few new pieces in the next hour or so, and as events warrant. Corner will be operating as always, of course. Posted at 08:03 AM IRRITATING [John J. Miller] Here's Fareed Zakaria in Newsweek: "It is often said in Washington these days that conservatives are full of fresh ideas while liberals defend old orthodoxies. At least in the realm of fighting poverty, the opposite is true. On those few occasions when they think about the subject, conservatives recite a stale catechism of clichés based on virtually no research or experience. You've heard them often: foreign aid is a waste, all of it ends up in Swiss banks; poor countries should just free up their markets and they will grow; Africans don't want to work." Africans don't want to work? I don't recall a conservative ever saying such a thing. This is another example of how the media portrays the Right as racist, without a shred of evidence. Talk about old orthodoxies. Posted at 05:55 AM Thursday, March 24, 2005 "I THIRST" [Rod Dreher] Here's a gut-wrenching description of what it's like to die from thirst. Terri Schiavo is living through this right now. We do not know if she is aware of what is happening to her. Posted at 10:26 PM THE COURT "HAS ORDERED HER TO BE MADE DEAD" [K. J. Lopez] Ralph Nader joins the voices for Terri Schiavo. Posted at 10:25 PM RE: THE CRACK UP [Jonah Goldberg] From a friend of NRO: The third paragraph of your l:38 posting should be hung up in offices everywhere. Did anyone ever hear of the FDR coalition? The one with KKK members and the civil rights movement; with Midwest farmers and Greenwich Village bohemians; with crypto-communists and southern grandees? Posted at 06:03 PM HARRIET MCBRYDE JOHNSON... [Rich Lowry ] ...was on Aaron Brown's show last night. A bit from the transcript: BROWN: Let me try and ask the question a little bit differently. No state in the country allows a non-terminally ill person to commit suicide. Every state in the country would intervene in that matter. Posted at 05:29 PM TREE HOUSE [John Derbyshire] A reader wishes to know how my famous tree house weathered the storms of winter. Answer: Like the Rock of Gibraltar! Danny & a friend were up there all afternoon. I build to last, in seculae seculorum -- nothing ephemeral. Posted at 05:12 PM JIM JEFFORDS [Ramesh Ponnuru] Not, apparently, an SMTP. Posted at 05:03 PM RE: THAT E-MAIL JONAH POSTED [K. J. Lopez] That fella says: I have noticed, by the way, both anecdotally in speaking to people and even in the Corner, that the more that people learn about the case, the more they begin to have sympathy for Michael Schiavo.I've seen the exact opposite dynamic at work with many folks. After reading Dr. Chesire's affadavit, for instance. Or any number of other documents we've made available this week... The more you realize there are so many questions...why not get them answered is the instinct. Posted at 05:00 PM CONJUGATION [John Derbyshire] Jonah: I think this is one of those irregular verbs, you know I am a sane, moderate, thoughtful person; You are a fence-straddler; He's all over the place. Posted at 04:56 PM EAST TURKESTAN EVENT [John Derbyshire] The inestimable D.J. McGuire alerts me that the East Turkestan Government-in-Exile will be hosting a reception Saturday for Rebiya Kadeer, just released after 6 years in the Chinese Gulag. You can read about Ms. Kadeer here. The reception is from 10 to 2 on Saturday at the George Mason Regional Public Library (7001 Little River Turnpike, Annandale, VA). Ms. Kadeer will make a brief appearance around noon. She'll talk a little about her imprisonment, the plight of her people, and her plans to continue the fight for them. Posted at 04:54 PM ANTI-CASHEW BACKLASH AND SCHIAVO [Jonah Goldberg] From a reader who has many sensible things, so when I am Czar I shall merely claim his left baby toe as payment for his impertinent questioning of the cashew. Jonah: Posted at 04:40 PM OH, RE: BRITISH HYSTERIA [Jonah Goldberg] There was that recently beatified secular saint. What was her name again...? Oh Right: Di something. Also, I do seem to recall that large numbers of young British men tend to get into a bit of a tizzy at soccer games. Posted at 04:30 PM SMTPS & THE LAW [Jonah Goldberg ] The other day I got into a little spat with Sam Rosenfeld over his celebration of "outcome" based "instrumentalism" -- i.e. whatever works -- as the core of liberal governing philosophy. Well, Andrew Sullivan offers a good example of what I'm talking about. He's very upset with non SMTPs (i.e. National Review) for their stance on Schiavo (though it sounds like he and Derb see things eye-to-eye on this one. Heh). But when Gavin Newsom defied the courts and the legally expressed will-of-the-people and performed gay marriages, Andrew celebrated it. Indeed, it's almost impossible to think of a time when Andrew objected to a procedural shortcut to gay marriage. This is what I mean by instrumentalism and why I dislike it so. Demanding that others play by the rules when you refuse to abide by them yourself is a very frustrating form of argumentation. It's particularly frustrating in this case when you ask, "Would he react the same way if this was a case of Congress intervening to legalize gay marriage?" I think the Florida court ruled incorrectly -- it's hard to know for sure -- but I still think the intervention was probably a mistake. But Andrew's complaint that the right is run by a "crew of zealots and charlatans" who will do anything because "God is on their side" is classic rhetorical excess. If these hucksters and crusaders recognize no limits on their power why did they choose the fairly modest option of having a federal judge review the case? Why are they abiding by the federal judiciary's decision? All they did was offer Schiavo a modicum of the federal protections routinely offered to serial killers. Andrew understands pro-life theology and arguments far better than I do, which is why I am at such a loss to understand why he can't muster even the tiniest benefit of the doubt that some of the folks trying to save Schiavo's life are neither zealots nor charlatans. Posted at 04:26 PM THE H-WORD [John J. Miller] Andrew, two words: "mad cow." Posted at 04:20 PM KERR & ADLER [K. J. Lopez] will be on Hugh Hewitt's show tonight, Jon tells me... The Andy McCarthy man will be on too... Posted at 04:15 PM HYSTERIA [Andrew Stuttaford] John, one word: 'Alar'. Posted at 04:12 PM SMTPS, CTD. [Ramesh Ponnuru] Ross Douthat--who I think counts as an SMTP--makes a theological point (in the P.S. section). Posted at 04:07 PM MORE SMTPS [Ramesh Ponnuru] "Here's a principle: the government should stay out of living rooms, bedrooms and marital bonds. That used to be called conservatism." The trouble is, that's a slogan, not a principle. I think SMTPs would have a hard time taking it seriously as a principle. They might think that if, say, a husband were killing his wife in the bedroom, maybe the government should step in. There are circumstances in which all SMTPs would support the government's getting involved. It's possible that two equally sane, moderate, thoughtful people might disagree about the proper governmental response to the kind of fact pattern you have in the Schiavo case. (Really! There are SMTPs out there who disagree with Andrew Sullivan!) But either one of them, presumably, would want to draw a line somewhere to prevent at least some spousal killings. You can certainly make an argument for drawing that line with a bias toward letting spouses do as they wish, although I would not myself agree with that argument. But asserting that government should "stay out of the bedroom" (and, I guess, hospital), and that all SMTPs agree about this, does not strike me as advancing that (or any other reasonable) argument. Posted at 04:00 PM MAD DOGS [John J. Miller] "In peacetime the British may have many faults," said a fellow named Lord Gladwyn some years ago, "but so far an inferiority complex has not been one of them." Here in America, we may have a few hysterics, but we also aren't scared to death of biotech food, fox hunting, or the right to bear arms. And don't get me started on the royal family, which has perhaps been the source of more hysteria than any other single institution on the planet. Posted at 03:54 PM "SANE, MODERATE, THOUGHTFUL PEOPLE" [Ramesh Ponnuru] They may not all have liked the William Bennett/Brian Kennedy piece on NRO today, but I'm pretty sure that sane, moderate, thoughtful people--let's call them SMTPs for short--won't flip out at the idea that a Constitution is not whatever the courts say it is and that the courts shouldn't always have the last word about its meaning. Otherwise SMTPs would have to reject, e.g., Abraham Lincoln. Posted at 03:47 PM WHERE'S THE LIBERAL FEMINIST CARE FOR WOMEN? [K. J. Lopez ] By the way, here’s my first syndicated column for United Media. It actually started appearing in some papers two weeks ago, but I’m posting them on NRO late--want you’all to get your local papers to subscribe! Actually wrote this first one while pretty sick, so it became just a rant on liberal feminists—but a well-deserved one—they’re lack of interest in Terri Schiavo’s life, of course, makes their lack of interest in representing anything but their abortion politics crystal clear. Posted at 03:45 PM THE CRACK-UP [Jonah Goldberg ] I think this reader's got it pretty much exactly right. Conservatives argue all of the time about first principles. As a few serious liberals have recently noted , liberals spend most of their time arguing about strategy and "framing" while conservatives often have knock-down drag-outs about first principles and philosophy. The liberals (and some conservatives) look at these arguments as a sign of internal tensions when they're really signs of internal health. Anyway, from a reader:
Posted at 03:32 PM MORE ON SCHIAVO [Rich Lowry ] A very compelling piece in Slate, by a disability-rights lawyer named Harriet McBryde Johnson--although reading good cases for keeping her alive just makes what's happening all the sadder. I was struck in particular by the argument in these two points (she makes ten all told): 4. There is a genuine dispute as to Ms. Schiavo's awareness and consciousness. But if we assume that those who would authorize her death are correct, Ms. Schiavo is completely unaware of her situation and therefore incapable of suffering physically or emotionally. Her death thus can't be justified for relieving her suffering. Posted at 02:47 PM PSYCHIC FLAME [John Derbyshire] Not to beat a rather inconsequential point to death, but there are some aspects of national vitality that no-one has yet figured out how to quantify. Rodney Gilbert, writing from China in the 1920s said: "In China the psychic flame burns low, for want of fuel." Modern Britain presents somewhat the same spectacle in relation to the US. The psychic flame burns rather low over there. Now I am trying to recall a quote by, I am pretty sure, Ernest Bevin, British Foreign Secretary in the late 1940s. An American diplomat asked him, in some context or other, what the desires of the British people were. Bevin: "The British people have no desires." (Or something close to that.) It's stuck in my mind. If anyone knows the actual quote & context, I'd appreciate it. Posted at 02:38 PM FEEBLE, LANGUID, SEMI-SERIOUS DEFENSE OF THE BRITS [John Derbyshire] Don't know why I should bother, since I'm not one of them any more: but to your reader's "Select Few with True Vision," Jonah, I should think that by anyone's standard, that phrase is much more applicable to the American lady I quoted ("Republicans want to force me to have babies!") and to her mirror images, the people on the Right who make it a dead-on certainty that, if I express my mildly pro-abortion views on NRO, I shall get emails calling me a murderer. I don't suppose I shall ever get into step with the forced-pregnancy/Derb-is-a-murderer mindsets. They continue to strike me as weirdly hysterical, and I suppose always will. Political equivalent of not being able altogether to lose your foreign accent. I came here too late in life. I *am* now enough of an American, though, to see that there is indeed something unpleasantly smug about Brit-conservative condescension, and I apologize if I have been guilty of it. (Brit-lefty condescension is another matter -- but lefties everywhere are appalling, what else can one say?) Posted at 02:36 PM BRIT-PICKING: FATALISM [Jonah Goldberg] From a reader: Jonah, I think we need to bear in mind that what is deemed "hysteria" by the cool natured British would more likely be referred to as "a little riled up" in our American parlance. We are a fighting nation. Our forebearers struggled tremendously to overcome great odds and create this magnificent nation, and that fighting spirit is still alive and well in a goodly portion of our society. It's isn't hyteria to be passionate about something you believe in. I consider it a point of honor. I also believe it is the reason we have the greatest military in the world (my husband included!). The British are far too quick to resign themselves to whatever fate appears to be their lot. I find this sort of fatalism irksome in the extreme. Posted at 02:29 PM KYRGYZISTAN [Jonah Goldberg] I'll try to read up on all that tonight. But I do hope Al Jazeera has a camera crew at the scene. Posted at 02:24 PM NOT A JOKE [Byron York] Air America, the liberal radio network, has announced that Jerry Springer will have a program on the network beginning April 1. Springer will apparently fill the spot vacated by the abrupt and unexplained departure of host Lizz Winstead last month. Posted at 02:17 PM PICK ON THE BRITS, CONT'D [Jonah Goldberg] From a reader: Remember Britain’s Daily Mirror headline following the Bush victory: “How can 59,054,087 people be so DUMB?” Posted at 02:12 PM DENIED [K. J. Lopez] CLEARWATER, Fla. (AP) -- A state judge has ruled Gov. Jeb Bush and Florida's social services agency don't have legal ground to take custody of Terri Schiavo. Posted at 02:08 PM RE: BRITS [Jonah Goldberg] Another view, from a reader: How about this: British conservative no longer have the slightest idea of what they are trying to conserve, mainly because they have so little to choose from and still can't decide. Privatizing a coal mine in a milieu of entrenched Fabian socialism and a widespread conversion to what is essentially cultural Marxism doesn't quite do the trick. Posted at 02:01 PM FIFA -- PHOOEY! [Jonah Goldberg] In a decent, civilized, society this man would be disemboweled on national television for such thought crimes: You rube. You hick. You maroon! Let me let you in on a little secret. You stating unequivocally that cashews are the best nut to accompany adult beverages is a little like the college freshman pontificating to his Budweiser drinking high school friends that Corona is what knowledgeable people drink (not realizing that Samuel Smith's Oatmeal Stout is the finest beer available in the States). Posted at 01:55 PM BRITS [Jonah Goldberg] Just for the record, I've found British lefties to be just as capable as American lefties of performing pirouettes of hysterical jackassery. British animal rights activists, for example, are far more batty on the whole than American ones. I do think, however, that Derb is on to something about British conservatives. But I think this has something to do with what British conservatives want to conserve versus what Americans wish to conserve. As Hayek and Sam Huntington have both argued, American conservatives are among the only conservatives in the world who wish to conserve fundamentally liberal, even radical, notions and institutions. When Hayek wrote his essay "Why I am not a Conservative" he was referring mostly to continental conservatives, but also to some British conservatives. In America, however, conservatives were still defenders of liberty because we seek to conserve and defend our constitution, the principles in the Declaration, property rights, liberty, etc. British conservatism, which does have a lot going for it, is much more rooted in temperment and tradition, and is eager to defend such institutions as the monarchy which, needless to say, is not an institution America's founders had much use for. Posted at 01:51 PM "THE COWS SUFFERED TREMENDOUSLY." [K. J. Lopez] Vermont farmer prosecuted for starving his cattle to death. Posted at 01:43 PM WEIRD AND HYSTERICAL [John Derbyshire] I dunno about that, Ramesh. The USA has thrown up its fair share of (to use the appropriate Thatcherism) "wet" conservatives; you can fill in the names yourself. And the "weird, hysterical" strain is evident as much on the Left as the Right. When a well-educated young woman tells me, as one actually did, that she could never vote Republican because "Republicans want to force me to have babies," I know I'm in America. On the moral issues that stir such passions in the USA, neither Churchill nor Mrs. Thatcher had much to say -- though I grant you that the opposition of both to Soviet communism was morally grounded, not mere Great Game statecraft. Posted at 01:39 PM ARE WE WITNESSING A CONSERVATIVE CRACK-UP, AGAIN? [Jonah Goldberg ] Glenn Reynolds tackles this perennial lament and links to others as well. The smart bet must be, "no" if for no other reason than people have been lamenting or celebrating the "conservative crack-up" for decades and so far reports of conservatism's demise have been accompanied with a boom in conservatism's prospects.
The problem is that all serious and large political and ideological movements contain internal contradictions. Internal contradictions come with growth. Perfect internal consistency comes with contraction and insularity. Small cults are internally consistent on every point. Large movements must deal with coalitions of competing interests. This doesn't mean such contradictions don't create problems and challenges, but if you're looking for a major coalition to fall apart, you should look less for intellectual contradictions and more for conflicts of interests between major segments of the coalition. The intellectual conflicts are interesting to intellectuals -- that's why we call them "intellectuals" -- but they don't always reflect concrete antagonisms within the movement. Frank Meyer's fusionism -- the marriage between traditional or social conservatism and anti-state or libertarian conservatism -- never really worked on paper very well. But despite this internal contradiction -- capitalism versus stability -- the conservative movement prospered because it believed such a marriage would be useful ideal even if it couldn't be attained in practice. Those who want to find in the Schiavo case proof of a movement-splitting schism need to demonstrate that a major constituent of the conservative movement -- free marketers, for example -- can no longer abide by fighting side-by-side with pro-lifers or social-conservatives. I just don't see that there's much evidence of this, which is one of the reasons I think the political consequences of the Schiavo case will be minimal. Posted at 01:38 PM NOT PVS [K. J. Lopez] More on doctors who think Terri Schiavo is not PVS patient. Posted at 01:38 PM LET HER DRINK [K. J. Lopez] A Massaschusetts doctor says he thinks Terri Schiavo could eat and drink orally: THE CHIPS ARE DOWN. We have had a surfeit of due process. It is now well past time to consider the facts which process has willfully ignored. There is no reason, medical, moral, or legal, to refrain from an attempt to provide Terri Schiavo with orally administered liquids.... Posted at 01:30 PM IRAQI FORCES... [Rich Lowry ] ...with US help, take down insurgent training camp. Posted at 01:28 PM WOLFOWITZ... [Rich Lowry ] ...gains ground. Posted at 01:28 PM NRODT ONLINE [K. J. Lopez ] The new issue of National Review is up for subscribers and with it a whole new digital display—a lot more user-friendly than it’s been. You’ll like it. If you don’t have access now, I hope you’ll consider signing up. You can subscribe to NR Digital only here. You can subscribe to the paper version, which includes digital access, here. Here’s the cover of the new issue, which has an important cover piece by Otto Reich.
Posted at 01:27 PM GOOD FRIDAY [K. J. Lopez] Tomorrow is Good Friday which means, among other things, Fr. George Rutler's world-famous three-hour meditation on the last words of Christ in NYC (he wrote a book on it, too). It's from noon to three at the Church of Our Saviour on Park, full location details here. Posted at 01:23 PM BRITAIN AND AMERICA [Ramesh Ponnuru] Let me get this straight: Iain Murray thinks that Leon Kass should be canned over some trivial offense, and it's the people who say he shouldn't be canned who are the hysterics? It may very well be that Murray's general point is correct: that there is an element to the American national character that is absent from the British, and that this element is what an opponent of it would describe as a "weird hysterical strain." It may be that this difference in national character has something to do with the popular vitality of conservatism in America, and its pathetic weakness in Britain. Posted at 01:15 PM TAKE THAT LEGUME-O-PHILES [Jonah Goldberg] From a reader: Jonah-- Posted at 01:07 PM CONSERVATIVES IN BRITAIN [Peter Robinson] Britain produced two great Conservatives in the twentieth century, Winston Churchill and Margaret Thatcher. Often accused of being “hysterical,” to use Iain Murray’s word (see “Abortion in Britain,” below), both insisted upon moral clarity, disdaining pragmatism. One crushed Hitler. The other transformed the British economy and played a critical role in the defeat of the Soviet Union. Stanley Baldwin, Neville Chamberlain, Anthony Eden, Harold MacMillan, Alec Douglas-Home, Edward Heath, and John Major? All “tend[ed] toward the pragmatic,” to quote Murray once again. What did they accomplish? Broadly speaking, nothing. Posted at 01:07 PM SOROS [Jonah Goldberg] From Armand in Paris: One reason to have no doubt Soros is guilty indeed : when it comes to insider trading, we in France REALLY know what we're talking about. Posted at 01:01 PM PARENTAL GUSH [John Derbyshire] May I gush, please? Thank you. A few weeks ago I posted a brief paternal gush about seeing my 9-year-old son sparring for the first time down at the local boxing gym. Well, yesterday I took my camera along. It's a cheapo digital number so the picture quality isn't great, but here is my boy in action against trainer & former champ Tony White. Posted at 01:00 PM ROLL OVER MENDEL [Jonah Goldberg] No one will fall out of their chair in shock when I admit I don't know a lot about genetics, specifically plant genetics. Nonetheless, I can't shake the vague sense that the story yesterday about the possible revolution in our understanding of the laws of inheiritance could -- if upheld -- have far more dramatic repurcussions than anything we've been discussing lately. Obviously, I could be incandescantly wrong about this, but it just seems like a really big deal to me. Posted at 12:58 PM RE: SOMETHING WE CAN ALL AGREE ON [K. J. Lopez] Yeah, so, where's the scotch, Jonah? Posted at 12:41 PM "PROFOUND SADNESS AND DISAPPOINTMENT" [K. J. Lopez] Release: DeLay, Sensenbrenner Statement on Supreme Court Ruling Posted at 12:40 PM "SHUT UP" [K. J. Lopez, American Hysteric] Believe it or not, I've spared you most of my e-mails, but here's one, of a sentiment that keeps rolling in: Dear Kathryn,Shutting up would be the absolute wrong thing to do if the power you've got is use of a media that runs on doing anything but shutting up. As has been expressed below, these defining life-and-death issues are not killed with this woman. Posted at 12:38 PM SOMETHING WE CAN ALL AGREE ON [Jonah Goldberg] Cashews are the best nut to eat with scotch, whiskey and other grown-up cocktails in civilized settings, hence they are the best of all nuts. On this there can be no debate. Update I knew the legume-o-philes would pile on to note that cashews are not strictly nuts . I suppose I could have anticipated the email and said they are the best legumes/nuts, but I chose not to for the same reason I call spiders bugs even though they aren't. Posted at 12:28 PM WEISE ON THE NET [K. J. Lopez] Michelle Malkin's doing some disturbing Internet researching on the Minnesota school shooter. Posted at 12:26 PM LET'S HEAR IT FOR THE FRENCH [Jonah Goldberg] French Court find George Soros guilty of insider trading. Posted at 12:23 PM ABORTION IN BRITAIN [John Derbyshire] Iain Murray at the Competitive Enterprise Institute comments: "I've been following the debate on The Corner and have been struck by the intensity of the arguments levelled at you. I was similarly nonplussed when James Q Wilson reacted (overreacted in my opinion) so hostily to my suggestion last week that Leon Kass may have made an error in judgement. Why do Brit conservatives always tend towards the pragmatic in moral cases and why does this annoy American conservatives so? I think Stuart Reid has an excellent summation of the reason in the new Spectator: 'We don't have the moral intensity of Americans, nor do we have their Manichaean certainties. In other words, we are not as good as the Americans, but neither are we as hysterical.' ... (but I think you need a subscription). "I think I'm fine with not being as good but being less hysterical. I think this fits with the fact that I had never heard the expression 'Don't make the perfect the enemy of the good' until I came to this country. It's a very American failing." This is very characteristic. One of the stock topics of conversation among Brit expats in the USA is the weird hysterical strain in US politics. This seems as peculiar and foreign to Brits and Brit-raised (so I'm going to include myself here) as the War Dance of the Sioux, and we can't understand how it came up in a fundamentally Anglo-Saxon country. The way I look at it, it's just the mildly annoying downside of the earnest and passionate American desire to be good, and to be known to be good. I suppose Brits want to be good; but they don't want to half as much as Americans do, and they don't give a fig whether anyone else thinks they're good or not. I have always thought that the phrase (now extinct, unfortunately) "no better than she should be," spoken of a loose woman, is very British. Posted at 12:17 PM RE: JUDICIAL MISCHIEF [Andy McCarthy] Jon, 1. The point of my post is that it was inconsistent to critique the mischief of courts resorting to legislative history to get around statutory commands when that's exactly what the Eleventh Circuit itself did in this case. I take it you agree with that as you seem to have dropped the subject that prompted me to respond in the first place. 2. The fact that equitable authority is malleable doesn't mean its use is improper. On a life-and-death issue in connection with a matter as to which congress directed a de novo review, it would have been appropriate to use this equiatable authority to maintain the status quo. If it turned out after a reasonable time for filing claims that there was no cognizable federal right, then that would have been the end of it. But the courts, like the congress, belong to the American people, not the Schindlers. Regardless of whether the Schindlers can prevail (a matter on which requiring of them a pre-demonstration that they were likely to prevail is certainly reasonable), the public has an independent interest, when its congress gives its courts jurisdiction and direction to conduct a plenary review of a matter, to have that matter fully reviewed in the courts absent third-party interference, unless and until someone demonstrates that the statute providing jurisdiction and direction is unconstitutional. 3. I am not shrinking from the substantive due process charge. I readily cop to it. I haven't been avoiding you on it. I think it's an important question and deserves as thoughtful a response as I can give it, and I'm working on that. Admittedly, the Supremes have just knocked the wind out of my sails a bit, so I'm less than inspired to keep plugging away on this. But I'll try to buck up. Posted at 12:10 PM JAILHOUSE COVERSION [Mark Krikorian] The Supreme Court yesterday refused to overturn the death sentence of a murderer who said the jury should have been able to take into account his newfound Christian faith in deciding his fate. This is something that has long bugged me – any attempt by a supposedly remorseful murderer to overturn his death sentence ought to be prima facie evidence that he is not, in fact, remorseful. Part of remorse is accepting the fact that you deserve the law's punishment for your heinous crime – in fact, if you’re a Christian, you deserve damnation, which you hope you will be spared by God’s grace. As the penitent thief at Calvary rebuked the other thief who mocked the Lord, "Dost not thou fear God, seeing thou art in the same condemnation? And we indeed justly; for we receive the due reward of our deeds: but this man hath done nothing amiss." Posted at 12:08 PM UNION CHEESECAKE [Mark Krikorian] Try to imagine what the cover of the magazine of the International Association of Machinists would look like – maybe beefy men with wrenches or power tools? Then look here at their spring issue. I think organized labor is in more trouble than I thought. Posted at 12:07 PM NEUROLOGISTS DEFER TO COURTS [K. J. Lopez] From USA Today: "Terri Schiavo has had no food or water since Friday, which has led her parents and their supporters to complain that she could be experiencing a painful death. But neurologists on Wednesday said that based on court findings of her condition, her body gradually will shut down in a painless process that will lead to death." Posted at 12:03 PM TECHNOLOGY AND POLITICS [Jonah Goldberg ] Oh, on that I agree with Kathryn and Derb entirely. I think the longterm challenges and problems represented by the Schiavo case are enormous and hardly unique to her. Longtime readers know this is an issue I'm really interested in, if not particularly expert on. I think the big changes in politics are often -- but not always -- driven far more by technology than by ideas. As Chesterton said, "progress is the mother of problems" -- or something like that. This is a point I've tried to address many times. I think first here and most recently here. Posted at 11:41 AM STRANGE POST [Ramesh Ponnuru] from Andrew Sullivan. Is the point that nobody who objects to same-sex marriage can sincerely believe in civil rights in another context? That it's wrong to make the case for feeding Terri Schiavo if you've received $250,000 from the Bradley Foundation? That the conservative movement 30 years ago would have been pleased as punch about her death by starvation? That when you want to associate your opponents with straw-man arguments, you can just say they're making those arguments "subtly"? This isn't Sullivan at his best, I think. Posted at 11:26 AM THE CASE AGAINST PROPORTIONAL REPRESENTATION [John Derbyshire] Reading about the school shooting in Minnesota, I can't get out of my head the name of the cult the homicidal teenager signed up with: the Libertarian National Socialist Green Party. Their emblem is a swastika on a green background. Pop quiz: Would you describe this party as left-wing, or right-wing? Posted at 11:14 AM ABOUT JONAH'S PREDICTION [John Derbyshire] I am very glad that for once in this sorry business I can agree with Kathryn. At both ends of life -- the very beginning, and the very end -- we have some serious collective thinking to do. Technology is going to push Rauch's "hidden law," which we have muddled through with up till recently, out to the margins. By way of illustration, note the rising prominence of the abortion issue in Britain -- the very home and hearth of muddle-through social policy. This is technologically driven -- by improved prenatal imaging devices. Posted at 11:12 AM COULD BE? [K. J. Lopez] One usually sharp observer of things e-mails me: There's a significant cohort of folks out here in flyover country for whom this is a watershed moment. Just as the Elian Gonzalez case harmed Gore among Cuban- Americans in Florida 2000, the Terri Schiavo case has energized those people enraged by courts and politicians perceived as taking either a passive or adverse position on preserving Terri's life. Posted at 11:06 AM RE: OUGHT VS. IS [K. J. Lopez] As I said, I do think you're unfortunately right about the is part. Though if we can do anything to sway that...a little standing athwart history feels in order. Posted at 11:05 AM OUGHT VS. IS [Jonah Goldberg] Kathryn - Just to be clear I wasn't necessarily saying it's good news that this will change little of the political landscape but that I simply think it is so. Though I should add I think the pro-life movement is now much more committed, publicly, to "life" issues across the board and not just abortion. Obviously this was largely the case before, but not so much in the public's eye. How that affects the internal dynamics of the right and how the right is perceived politically in the long run I don't know. But as for the electoral issues, I think this is largely a flash in the pan -- at the national level. Posted at 11:00 AM TV ON TERRI [Tim Graham] MRC’s Rich Noyes discovered looking at the evening newscasts that 59 percent of soundbites (including the statements of network reporters) attacked Congress for acting in Terri Schiavo’s defense and 60 percent of soundbites presented the husband’s kiss-her-goodbye case to only 40 percent presenting the parental counterargument. Posted at 10:53 AM POLY-POSTING [Stanley Kurtz] As a sequel to yesterday’s polyamory piece, here’s a fascinating post on the connection between gay marriage and polyamory by a pro-polyamory activist. Posted at 10:50 AM RE: PREDICTION [K. J. Lopez] Jonah writes, " most Americans on both sides of the issue will be relieved to say goodbye to the topic entirely." I hope that's not entirely the case. She'll be dead, having not gotten a fair hearing, and we'll have a lot of unsettling questions we should be dealing with for a long time to come. Do we err on the side of life or death? It's a question that hits us on a lot of fronts. And, while I know Jonah's right inasmuch it's all so uncomfortable and unsettling and complicated in it's ugly details that most people don't have the time or mental energy to fully deal with them when we all have our own closer to home problems and decisions and tragedies to deal with. But, as a society, we need to be facing these issues, especially as technology only makes it easier to both end and create life. Posted at 10:44 AM PREDICTION [Jonah Goldberg] The negative political consequences in the long term for the Schiavo manuevers by the GOP will be near-zero, even though a majority of Americans will view them negatively. This episode is simply too unique, awful and conflicting for anybody except a very small number of people to hold a grudge about it. Recall, liberals insisted that the Republicans would pay dearly for impeachment, that really didn't pan-out either. Also -- as Ramesh has pointed out many times -- every "sophisticated" student of American politics has insisted for decades now that abortion politics hurt the GOP even though there is scant evidence to back that up either. Regardless, while some significant number of pro-lifers will carry the Schiavo cause for a very long time (and the GOP leadership can claim to be true to the cause), most Americans on both sides of the issue will be relieved to say goodbye to the topic entirely and few will remember it come the next election and virtually no Democrats will use it against Republicans in their campaigns. Posted at 10:37 AM SCOTUS [KJL] just refused to take the case. Posted at 10:28 AM JUDGE GREER [K. J. Lopez] just denied a motion from Florida to unseal records in the Schiavo case. Basically, how about I just tell you if a judge ever says yes to something? Posted at 10:24 AM RE: JUDICIAL MISCHIEF [Jonathan H. Adler] Andy -- I believe the 11th Circuit majority properly appled the relevant legal tests and standards of review. Judge Wilson's only real arguments to the contrary relied upon the courts' equitable authority -- not the strongest ground given the malleability of equitable principles -- and, as I noted before, no federal judge has yet to suggest that there is any merit whatsoever to the underlying federal claims. We can agree that there was real judicial mischief in the Florida state courts. The problem is that not all state-level judicial mischief merits making a federal case out of it -- even when a life is at stake. Indeed, that was part of the point of the habeas reforms that conservatives championed. It takes much more than judicial mischief to create a constitutional violation remediable in the federal courts. Again, this does not mean that Terri Schiavo should be killed (I'm not in Derb's camp on this one), but that there may not be a valid federal claim. Speaking of constitutional violations, Andy, I'm also still wondering how your claims from before are anything other than substantive due process arguments. Posted at 10:22 AM HERE'S THE AMICUS BRIEF [K. J. Lopez] the House of Representatives filed yesterday. Posted at 10:08 AM ATLANTA DREAMING [Kate O'Beirne] Are my other NRniks looking forward to our Atlanta event as much as I am? I think we agree that it has been really enjoyable meeting our unfailingly smart and likeable readers. I know that each time we have gotten | ||||||