Orrin Judd

TEXTUALISM:

The Colorado court got this issue right. The case is now likely headed to the US Supreme Court. (ILYA SOMIN | 12.19.2023, Volokh Conspiracy)

The per curiam majority opinion does an excellent job of handling all the major issues at stake: whether the January 6 attack was an insurrection, whether Trump’s role in it was extensive enough to qualify as engagement, whether the president is an “officer of the United States,” and whether Section 3 is “self-executing” (that is, whether state governments and courts can enforce it in the absence of specialized congressional legislation). In the process, the justices partly affirmed and partly overruled the trial court decision, which held that Trump did indeed engage in insurrection, but let him off the hook on the badly flawed ground that Section 3 doesn’t apply to the president.

The case is now likely headed to the US Supreme Court. The justices may well hear it on an accelerated schedule, so as to resolve the case before we go too far into the GOP primary process. The Colorado Court has stayed its decision until at least January 4, to allow time for appeals to the US Supreme Court.

The 4-3 vote is not as close as it looks. Two of the three dissenting justices did so on the ground that Colorado state election law doesn’t give the state courts the authority to decide Section 3 issues. They did not endorse any of the federal constitutional arguments on Trump’s side. And these state statutory issues probably cannot be reviewed by the US Supreme Court, because state supreme courts are the final arbiters of the meaning of state law (with a few exceptions that do not apply here).

I think it’s fairly obvious that the January 6 attack on the Capitol amounts to an insurrection, and the Colorado justices also concluded this is not a close issue…

THE REFORMATION ROLLS ON:

With ‘White Christmas,’ Irving Berlin and Bing Crosby helped make Christmas a holiday that all Americans could celebrate (Ray Rast, 12/19/23, The Conversation)


Berlin’s inspiration for the song came in 1937, when he spent Christmas in Beverly Hills. He was near the film studios where he worked but far from his wife, Ellin – a devout Catholic – and the New York City home in Manhattan where they had always celebrated the holiday with their three daughters.

Being apart from Ellin that Christmas was particularly difficult: Their infant son had died on Dec. 26, 1928. Irving knew his wife would have to make the annual visit to their son’s grave by herself.

By 1940, Berlin had come up with his lyrics. In his Manhattan office, he sat at his piano and asked his arranger to take down the notes.

“Not only is it the best song I ever wrote,” he promised, “it’s the best song anybody ever wrote.”

Berlin had connected his lonesome Christmas to the broader turmoil of the time, including the outbreak of World War II and fraught debates about America’s role in the world.

This new song reflected his response: a dream of better times and places. It evoked a small town of yesteryear in which horse-drawn sleighs crossed freshly fallen snow. It also imagined a future in which dark days would be “merry and bright” once again.

This was a new kind of Christmas carol. It did not mention the birth of Jesus, angels or wise men – and it was a song that all Americans, including Jewish immigrants, could embrace.

Berlin soon took “White Christmas” back to Hollywood. He wanted it to appear in his newest musical, one that would tell the story of a retired singer whose hotel offered rooms and entertainment, but only on American holidays. He titled the film “Holiday Inn” and pitched it to Paramount Pictures, with Crosby as the lead.

KURDISTAN IS A NATION:

Revisiting the Erasure of Kurdish Identity in Syria: Growing up as a Kurd in the country was a scarring experience for children that included the denial of one’s own name (Ronahi Hasan, December 20, 2023, New/Lines)

The Kurdish people, estimated at 45 million by the Kurdish Institute of Paris, have never recognized what they consider the artificial boundaries that divide them across four nation-states — Syria, Iraq, Iran and Turkey — and have struggled to form an independent state of their own since the Sykes-Picot Agreement in 1916.

Under this agreement, western Kurdistan was definitively separated from northern Kurdistan and became part of the newly formed state of Syria. These changes made Kurds in Syria the largest non-Arab ethnicity. The Kurds hoped for a degree of freedom and coexistence in modern Syria. What came instead was the opposite: Successive Syrian governments, under the direction of the Baath Party, have continued their cruel treatment of the Kurds.

Kurds have a distinct culture, language (Kurdish) with many dialects, and history. We have a rich cultural heritage, with unique traditions in music, dance, clothing and cuisine. While the majority of Kurds are Sunni Muslims, there are also Kurdish communities that practice Christianity, Zoroastrianism, Yarsanism, Yazidism, Alevism and Judaism.

Kurdish society places a high value on hospitality, honor and tribal ties, and extended families often live in close-knit communities. The Kurds have a complex history marked by periods of autonomy and resistance against various ruling powers.

The Kurdish problem stands as one of the most intractable and enduring conflicts in the Middle East, perhaps even in the world. Kurds remain politically, culturally and economically ghettoized within the boundaries of Turkey, Iran, Syria and, until recently, Iraq. While the Kurds in Iraq have achieved far-reaching self-rule in the Kurdistan Region, whose autonomy was written into Iraq’s constitution in the post-Saddam Hussein era, even Kurds in Iraq still face an uncertain future, as issues like the future status of Kirkuk and other disputed territories remain unresolved.

“Li ser xeta” and “le bin xeta” are two Kurdish phrases rooted in our minds. Kurds in Syria call the Kurdish regions in Turkey “li ser xeta,” which means above the line; that is, north of the Syria-Turkey border. By the same token, we call the Kurdish areas in Syria “le bin xeta,” meaning below the line. We grew up using these two phrases to protect our sense of belonging and to reject what we consider the artificial lines that divide our land.

The most important fact about the Israel/Palestine conflict is that it is not distinct.

THE SOLUTION TO POVERTY IS WEALTH:

$750 a month, no questions asked, improved the lives of homeless people (Doug Smith, Dec. 19, 2023, LA Times)


The results were so promising that the researchers decided to publish results after only six months. The answer: food, 36.6%; housing, 19.5%; transportation, 12.7%; clothing, 11.5%; and healthcare, 6.2%, leaving only 13.6% uncategorized.

Those who got the stipend were less likely to be unsheltered after six months and able to meet more of their basic needs than a control group that got no money, and half as likely as the control group to have an episode of being unsheltered.

“I felt there was enough interest and the initial findings were compelling enough that it was important to get those results out,” said Benjamin Henwood, director of the Center for Homelessness, Housing and Health Equity Research at the Dworak-Peck School, who led the study.

THERE IS NO BEAR IN THE WOODS:

The Russian Air Force Is Dying a Slow and Painful Death in Ukraine (Peter Suciu, 12/18/23, National Interest)

Russia saw two of its jets lost in just 24 hours over the past weekend, including one that was reported to have been shot down by its own forces in the skies over Ukraine.

Since launching its unprovoked war against Ukraine nearly two years ago, the Russian military has seen a significant number of combat aircraft lost in the fighting. The most recent aircraft destroyed included a Sukhoi Su-34 fighter bomber that was targeted on the ground at a Russian air base in an early morning raid on Sunday. Later that same day, a Sukhoi Su-25 fighter jet was shot down over the Zaporizhia region in eastern Ukraine on Sunday per Business Insider.

Kyiv claimed it wasn’t responsible for the downing of the latter aircraft.

“I can confidently state that it was not the Ukrainian air defense that shot down the Russian Su-25 attack aircraft! These were clearly the coordinated actions of Russian anti-aircraft troops, for which the entire Ukrainian people sends them great thanks!,” Mykola Oleshchuk, Commander of the Air Force of the Armed Forces of Ukraine, said in a post on the social messaging app Telegram.

“STOP ME, BEFORE I KILL AGAIN!”:

The Case for Dollarization in Argentina: A Path to Economic Stability (Nicolas Cachanosky, 12/19/23, Econ Lib)

The primary rationale lies in the necessity for a credible commitment device. This paper by Emilio Ocampo explains how dollarization can serve as such for Argentina. Drawing from the experience of Ecuador under Rafael Correa, we see that dollarization acts as a credible institutional constraint that diminishes the costs associated with a populist regime. In a country where political shifts are frequent, and the probability of populism returning to power is 100%, establishing a stable monetary system becomes indispensable for sustained economic success.

Dollarization is Cost-Effective and a Safer Solution:

In relative terms, dollarization is the most cost-effective and safest alternative. With an annual inflation rate hovering around 160% (and expected to go up in the coming weeks), the demand for Argentine pesos is practically nonexistent. Dollarization facilitates the redenomination of financial liabilities in pesos into US dollars, eliminating the risk of a run against the peso. This would not only stabilize the currency but also afford the government more time to enact necessary changes. Given the combination of high inflation and a lack of credibility in Argentine politics, the amount of US dollars required to sustain the peso exceeds the US dollars needed to implement dollarization. Those who argue that dollarization is not possible due to the lack of dollars at the central bank need to think seriously about where they intend to obtain the dollars to bring the peso back to life. Furthermore, as dollarization implies phasing out the peso, its success becomes more plausible than reviving the peso. […]

Argentina’s persistent struggle with inflation, which has averaged 60% annually since the mid-1940s, has impeded long-term planning and economic growth. The nation has exhausted every textbook solution to high inflation, all of which have proven futile.

ONE THING MAGA REMINDS US OF…:

PODCAST: Murder in Boston Podcast (HBO and The Boston Globe)

1989 Boston. The crack epidemic is raging, the murder rate soaring, and white flight has taken hold. Charles Stuart and his pregnant wife, Carol, are carjacked, drawn deep into a dangerous “inner city” neighborhood, and allegedly shot by a Black man. All of Boston – and the nation – is gripped by the hunt for the suspect. What follows will reveal truths about the city… and ourselves. Presented by The Boston Globe and HBO Documentary Films, Murder in Boston: The Untold Story of the Charles and Carol Stuart Shooting is hosted by Adrian Walker who, along with a team of Pulitzer-winning investigative reporters, unveils explosive new findings and change the narrative of a story long cemented in the city’s lore. The HBO Documentary Series Murder in Boston: Roots, Rampage, and Reckoning is available to stream on Max starting December 4.

…we are still who Charles Stuart thought we were.

THE CONTRADICTIONS HAVING BEEN FORCED:

Poll shows Gantz’s party soaring as Likud nosedives, Smotrich out of Knesset (Times of Israel)


The survey also showed that Gantz, who temporarily joined Netanyahu’s coalition to have a seat at the table running the war, would lead the largest party in the Knesset, while the far-right Religious Zionism party of Finance Minister Bezalel Smotrich, which ran on a joint slate with Otzma Yehudit in the last election, would fail to make it back into the Knesset.

THE ANGLOSPHERE IS A BIT POORER:

J G A Pocock: the Antipodean’s view of Europe: John Pocock defended Britain in its broadest sense (Yuan Yi Zhu, 19 December, 2023, The Critic)

[H]e fell under the influence of Sir Herbert Butterfield, who steered him toward the history of historiography, or in other words the history of the history of history. Abstruse though it may seem to laymen, it is, as Pocock put it, nothing less than “the history of all the ways in which men have felt committed to their past”. The result was a brilliant dissertation, published as The Ancient Constitution and the Feudal Law: A Study of English Historical Thought in the Seventeenth Century (1957), which examined late Elizabethan and early Stuart lawyers’ belief that there existed an “ancient” constitution of England, dating from time immemorial and therefore immune from interference by the king’s prerogative, not unlike how modern academic lawyers insist that judicial review can never be ousted by Parliament. […]

But it was not long before Pocock made his mark on America. In The Machiavellian Moment: Florentine Political Thought and the Atlantic Republican Tradition (1975), he deftly chartered the influence of early modern republican thought of Florence, typified by Machiavelli, and of its preoccupation with how to maintain civic virtue against the inevitability of decay, on English republicans and American revolutionaries. The American Revolution and the framing of the republican constitution were, to Pollock, “the last act of the civic Renaissance”.