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Culture War Roundup for the week of June 2, 2025

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Okay, let’s lay Rule of Law aside for a minute. There’s a much, much more serious problem here.

First off:

It turns out that Red Tribe is not allowed to have actual Supreme Court victories.

What, does the recent repeal of Roe v. Wade not count? The “Blue Tribe” had pinned a huge policy platform of abortion on it, and it was totally undone. Abortion was returned to being a state legislative issue. And this is not merely in words only; there are real and meaningful differences in how states treat abortion. General opinion, and especially Democrat or Democrat-adjacent opinion, is clear that this was a major sea level change. The fact that it does not seem to register to you as a win is really, seriously bad. And I think the rest of the post makes it clear why:

A Supreme Court victory means you get your way, and those who disagree are shit out of luck.

It sounds like what you actually want is not the freedom to do as you wish, but the power to coerce others, and particularly to deny the other what they want. In a perfect world, I wouldn’t have to elaborate on why that’s a bad thing, and especially a bad thing for you in particular, but here we are.

First off, there’s nothing wrong with wanting things. Everyone does. There’s also nothing wrong with wanting exclusive things, wanting things that by their nature prevent someone else having something. That’s life; there’s not always enough to go around, especially of the really valuable stuff. But wanting specifically to exert your power over another is something different. Its envy, or at least, is rooted in the same. Envy is seeing what someone else has, hating them for it, and wanting to destroy it. It’s bringing someone low because you can’t stand seeing them up. What people tend to hate about the great and powerful is that they just don’t seem to care; the eggs hating how casually they get tossed in the omelette. The powerful don’t care. Things need to get done, and you can’t please everyone. Envy goes a step further. Omelette be damned; I’m going to break those fucking eggs.

Envy is a deep part of human nature, and by deep I mean base. It is the primitive ape who can’t help but see the world as zero-sum. Kill or deprive the strong man, and I’ll get more, as sure as shit rolls downhill. But as the wise of all ages have told us, we are more than that. I won’t belabor you with the spiritual and philosophical elements on why we can all of us be uplifted into greatness, the last will be first, the tardy day-laborer will get his full drachma, etc etc. I’m sure you’ve heard them all. The same goes for the economic: cooperation and interconnected systems yield greater production and profit, removing the powerful just disrupts the system and impoverishes everyone, something something communism. Nor do I need to detail how the most powerful empires rise on this positive-sum thought and perish on zero-sum dissent, Roman Empire and socii, abiyyah or whatever it’s called, you get the drift. But on the mere psychological level, envy means you will never appreciate what you have. The mere existence of another is enough to make you fly into a rage. The things you have are irrelevant compared to the comparison. And doesn’t that sound miserable?

What’s worse, it makes politics impossible. What you want is not a laundry list of items that you can get and be satisfied with. It’s specifically to remove what the other has. Who can negotiate with that? Yes, obviously the Democrats have behaved very badly. They’re naughty boys and girls and deserve to be punished for what they did. I won’t argue against that for even a second; that is MY opinion. But that has nothing to do with you. Your problem is: right now, in America, there are a lot of people who don’t really like the Democrats, they think they’re overstepping. But if they caught the idea that the Republican Party was thinking like YOU, they’d vote to suspend habeas before they voted Red. You’re scary as shit, man.

What, does the recent repeal of Roe v. Wade not count?

No. The Red-equivalent of RvW would be for abortion to be banned in all states for the next 50 years. Putting an end to Blue imposition of their values on everyone is not the same.

So exactly as he said.

It sounds like what you actually want is not the freedom to do as you wish, but the power to coerce others, and particularly to deny the other what they want.

There is no other form political power comes in. Even negative freedoms are specifically rules that deny some people what they want.

Asking for politics that are not coercitive is a ridiculous standard that not even anarchists abide by.

Yes, but the form of the justification is important in maintaining a functional liberty-minded society, in which the social contract is something like "You and I probably have different ideas and values as to how we should live our lives, so let's just agree on a minimal set of coercive laws so that we can be peaceful neighbors."

Now functionally, in practice, there can be severe disagreements as to what should be part of the minimum set of laws; there's non-ridiculous arguments to be made that allowing people to stockpile a military arsenal can make their neighbor fearful and not able to coexist peacefully, or that someone removing "just a clump of cells" is depriving a being of life. But they're couched as arguments over what is the minimum set of laws to allow diverse viewpoints and lifestyles. Even if in practice they can be the same, they are not presented as a naked "Ok, now that I have the backing of a majority you better adopt the lifestyle I want you to have or else..." I guess in a spirited debate it's possible to accuse the other side of doing it. But to resort to unironically, unashamedly doing it is crossing some serious lines.

Because at that point, the polite covenent of let's just be neighbors and leave one another alone is irreparably broken.

But they're couched as arguments over what is the minimum set of laws to allow diverse viewpoints and lifestyles. Even if in practice they can be the same, they are not presented as a naked "Ok, now that I have the backing of a majority you better adopt the lifestyle I want you to have or else..." I guess in a spirited debate it's possible to accuse the other side of doing it. But to resort to unironically, unashamedly doing it is crossing some serious lines.

But to resort to unironically, unashamedly doing it is crossing some serious lines.

You are perhaps more correct than you realize.

"The Country" has not defeated attempts to curtail religious liberties. Specific power blocs have defeated those attempts. To the extent that the Court has been involved, it has recognized political victories, not generated them. Absent those power blocs, neither the Constitution nor the Court will protect religious liberties for any significant length of time.

At every step from absolute liberty to absolute oppression, it is always possible to describe the negative space around current restrictions as "huge deference". Allowing Churches tax-exemption is Huge Deference. When that is removed, allowing them to hold meetings without the approval of an official censor will be Huge Deference. when that is removed, allowing them to meet at all will be huge deference. Not searching former congregants homes for banned materials. Allowing them to have children. Allowing them to live. All possible laws leave negative space, and any amount of negative space can always be framed as Huge Deference. It's not as though deference has a standard unit of measure, much less a volume equation.

[...]

There is no objective measure for "huge deference", "reasonable restrictions", "necessary protections", or any other such phrase. Such phrases are not pointing to a unbiased rule or a principled argument. They are a naked appeal to social consensus, and social consensus observably has had an unacceptably wide range of possible positions within our lifetimes, much less over the course of human history.

"The Constitution protects this" means nothing more than "this is safe so long as the right people approve of it". I observe that "what people approve of" is a fantastically malleable category; if we can go from the 2000s consensus on free expression to the consensus of Current Year, no principle is safe.

No, I do realise all of that. But the forms and niceties are important, even if they are just pretending. If you pretend to tolerate the other for long enough, you start believing you do. And when enough people believe it, something magical happens (or rather, something terrible doesn't happen); your society becomes more stable and its constituents don't jump to civil war anytime they lose an election.

Let us suppose I rigorously observe the forms and niceties. The other side flouts them. This is regrettable, but mistakes and friction are inevitable.

I continue to observe the forms and niceties. The other side continues to flout them. This happens repeatably, to the point that I can predict in advance with excellent accuracy where and when the flouting will occur, the specific mechanisms used to organize, implement, and protect it. This flouting constantly costs me value, and the value it costs me is increasing rapidly over time.

Your claim seems to be that the correct response is to grin and bear it, to accept that justice will never be done and that this is okay because mumble mumble.

There are contexts in which this is an answer I, personally, am willing to accept: "Lord, how many times should I forgive my brother when he sins against me?"

This is not an answer that you should rely on to maintain our current, observably-shaky condition of peace and plenty in the long term. Such reliance is extremely foolish and extremely dangerous. I invite you to contemplate the political history of the phrase "no justice, no peace", and to examine its prominence in the political landscape. Examine the position of John Brown within our society and political mythos.

What if the other side bends the niceties, but is still constrained by them to a point? You're better off with a devil who's compelled to keep up a facade of lawfulness than a devil who's acting completely unconstrained. Sure, it sucks to be stuck in this kind of asymmetrical equilibrium where you have to completely refrain from rule-breaking just because it compels your opponent to do less rule-breaking than he otherwise would. But you might still want to keep that equilibrium in place, if you have reason to believe the opponent has a sufficient advantage that a completely unconstrained version of them could squash you.

To put it another way, taking the blows is usually a better strategy than declaring all-out war. The fact that the other guy is feeling free to pummel you is a pretty good sign that they're confident in their ability to win (or at least ensure MAD) if you did, foolishly, fight back with lethal force.

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