National Security Strategy (Trump)

The new National Security Strategy promotes the idea that Western Europe is a problem, and authoritarianism is not a problem. It is a "are we the baddies?" document. More here. 

SCOTUS Watch: Order List

The big news is the first oral argument this term involving executive removal power. It didn't go too well for text, history, sane public policy, and restraint of executive overreach (e.g., Trump).

First, there was an Order List. Among the usual housekeeping, there were a few notable things.

Mark Joseph Stern noted on Bluesky:

The Supreme Court just set aside a 2nd Circuit decision upholding New York's requirement that all school students, public and private, obtain certain vaccinations, without any religious exemptions. It orders the 2nd Circuit to reconsider the ruling in light of SCOTUS' LGBTQ school books decision.

The case involves New York changing its vaccine exemption rules after a measles outbreak. Note that the "LGBTQ" decision was not "only" about gays, lesbians, and trans people. It provided open-ended religious opt-outs. 

Someone else summarized a brief per curiam:

Doe v. Dynamic Physical Therapy, case 25-180. This time, a summary reversal. Doe claimed discrimination in medical care because he was HIV positive. Louisiana courts ruled that the state-declared COVID emergency barred his claims. Medical providers have broad immunity during a health emergency. The Supreme Court said the state can't overrule federal law like that and remanded to allow the petitioner to lose under federal law instead of state law.

(A person commenting at Volokh Conspiracy.)

This was a second brief, unsigned opinion that, in part, baldly cited the Supremacy Clause as if the lower court didn't understand that it existed. In both cases, I doubt that it is true. They didn't think it blocked their analysis. 

I think SCOTUS might have benefited from providing a bit more analysis on why the lower court was incorrect. 

Anyway, meanwhile, Sotomayor dropped a statement agreeing with a denial (briefly noting why) while pointing out something about the beyond a reasonable doubt rules.  

Kagan and Alito recused in two cases. Kagan explained why she did so. Kagan also explained what is wrong with the current removal law in her Seila Law dissent. New dissent pending. 

And The Dragons Do Come

Sim Butler is an Alabama communications professor with two daughters. One is trans. "Kate" is around 15.

He uses a pseudonym, though early on noted she originally chose "Marina" as a feminine name. It's unclear if that means they did not use that name.  

Sim Butler discusses raising a trans child, including general information (about sports, health issues, and so on) and personal narrative. His state's passage of anti-trans legislation, including making him a felon if he provided health care to his child, led the family to leave the state.

(The state government's current mentality is suggested by this review of the book, which appears to be written by a conservative-leaning website that focuses on state news. The discussion keeps on, for instance, talking about "his son.") 

There is a depressing quality to that which is familiar. Becoming Nicole was written ten years ago. (The subject wrote her own book recently. She is now in her 20s.)  To be able to provide the best care for their daughter, the parents basically lived apart, so she could go to a supportive school.

Kate and her family received support from family, friends, and their liberal minded church when she first came out. Things went less well in first grade, though the school assured them things would go okay. 

A new teacher led things to go sideways. They went to another school, which required the author to get another job to afford to pay for it. What about people without similar resources? I ask rhetorically.

The author loves his home state, but is a tad bit naive, though he grants he is protected as a white, economically privileged individual. Alabama, in recent years, has had other conservative complications. The book, for instance, doesn't talk about reproductive rights. The author is liberal.

Butler references his grandfather, who was a sheriff for decades, ending around 1990. He vaguely references that, at first, a quick search suggested that the grandfather was not a "heavy" as compared to other officials during the Civil Rights Era. 

He then suggests maybe he was being a bit naive without going further. Yes, that seems to be true. Butler doesn't press the point, but perhaps figured he had to talk about his grandfather since he was a public figure. A jail was named after him, after all. 

The parents' fighting the dragons helped Kate have a safe space to develop. Her gender dysphoria, before having a chance to live her life in a way matching the gender she knew in her mind, led to various negative consequences. 

She was much happier when she was able to be her true self, including in a safe and supportive school environment. Which, perhaps a bit amazingly, did exist in Alabama in her early years. 

(Conservative politics in the state eventually targeted her supportive middle school.) 

She still worried about publicly being a girl (it led her to dislike organized sports) in such contexts. She worried about how others might see her. Non-trans boys and girls also sometimes have comparable gender issues. What is a "normal" gender identity? 

The book ends with the story incomplete. We live in anti-trans times. There is a reference to anti-trans legislation being proposed in their new, more purple-leaning (unnamed) Southern state. Kentucky? Georgia? Kate, however, seems to be doing well. 

The epilogue references Martin Niemoller and his famous "First they came for" quote. A useful comment, especially given all the targets these days. 

Trans people are a leading target these days. A majority of states have anti-trans legislation. 

The Supreme Court upheld anti-trans legislation, refusing to even acknowledge it as anti-trans. Shades of Plessy v. Ferguson, saying any feelings of discrimination are only "in their head"? 

Nonetheless, trans people continue to exist, and they and their families and communities keep on insisting they should be and can be happy, have support, and be treated as individuals. Parents play a leading role. 

I am somewhat amazed at how parents do it. Me and my siblings surely were no prizes. Oh well. 

Check out the book. Recommended. 

SCOTUS Watch

The justices heard oral (yawn) arguments, acted like hacks on the shadow docket (6-3, Texas redistricting) again, and took up birthright citizenship. Among other things. I cover it at my Substack. 

World AIDS Day

World AIDS Day is a global movement to unite people in the fight against HIV and AIDS. Since 1988, communities have stood together on World AIDS Day to show strength and solidarity against HIV stigma and to remember lives lost.

The Trump Administration is not a big fan:

The State Department issued a terse statement last week saying, "an awareness day is not a strategy."

The result is that on December 1, the United States is not commemorating World AIDS Day. It's the first time the U.S. has not participated since the World Health Organization created this day in 1988 to remember the millions of people who have died of AIDS-related illnesses and recommit to fighting the epidemic that still claims the lives of more than half a million people each year.

The move is typical:

The decision not to mark World AIDS Day is in line with the administration's broader approach to WHO and the United Nations more broadly. Trump has been critical of multilateral organizations like the U.N. and of WHO's handling of COVID. One of his first moves, on inauguration day, was to start the process of removing the U.S. from the WHO. 

However, the Trump Administration has marked other days designated by the UN, such as World Autism Awareness Day. The White House issued a proclamation for that day.

It is not totally off limits:

Employees and grantees may still “tout the work” being done through various programs “to counter this dangerous disease and other infectious diseases around the world,” the email said. And they may attend events related to the commemoration.

But they should “refrain from publicly promoting World AIDS Day through any communication channels, including social media, media engagements, speeches or other public-facing messaging.”

Chris Geidner has more. 

A Most Peculiar Book

I have long been interested in the Bible. I have multiple (Christian) bibles, including the Good News (great basic drawings) from high school. An open-minded, questioning, and informed understanding of the complexities of the book* is best.

A Most Peculiar Book: The Inherent Strangeness of the Bible by Prof. Kristin Swenson is a helpful addition to this approach. She has another like it. 

Bart Ehrman, who provides a supportive blurb, has noted his books cover ground familiar to many clergy who learn the material in college and graduate school.

Often, to his annoyance, they don't share the complexities with their parishioners. I think long-term, it would be better if they did. Some believers might be upset. Others would find it rewarding. 

Neither a simplistic support nor rejection of the Bible is the ideal approach. A deep dive, at the very least, will bring up quite a lot of interesting and strange material. It is helpful to have some humility about what we can know about the material available. 

We are dealing with long-ago material in foreign languages where the very translation is sometimes in doubt. Often, some nuances require a close reading of the text, including the original language and context. 

Realistically, believers are going to miss some of this stuff, and the text will be channeled through modern eyes. This is not a new concept. 

For instance, Matthew used a Greek translation ("young woman" vs."virgin") and missed certain nuances. For instance, he had Jesus enter Jerusalem on two animals, which appears to be an overly literal understanding of a Jewish text that used a poetic doublet. Likewise, Chronicles reinterpreted certain events because Jewish doctrine changed. 

The material also welcomes multiple interpretations, often involving bare bones narratives where you can fill in your own details. More people should carefully read and discuss the material. 

This book is sometimes a bit rough regarding how things are explained. I would have expressed certain things somewhat differently. I don't claim some special skills here. A good, smooth account, not too detailed but detailed enough, is tough! 

But, overall, worthwhile. 

==

* As noted by Swenson, it is somewhat misleading to speak of "the book" when there are a variety of Jewish and Christian scriptures. For instance, Catholic Bibles have additional books, including the Maccabees. 

I will also again recommend the writings (RIP) of Rachel Held Evans, especially Inspired. She loved the Bible, like Swenson does, and carefully researched her material. She was also a strong feminist voice, which you will find is a far from unique quality here. 

SCOTUS Related News

Originalism 

This blog post on originalism is interesting even beyond the specific allegation. Originalism appeals to people for various reasons. Sometimes, outdated bad stuff helps conservatives. 

When they want to support things that actual original understanding might not support (e.g., campaign finance bans or regulatory takings), they find a way around it. It's a bit of Calvinball. 

For instance, Dred Scott v. Sandford had to play with history. The dissents show another path.

Brazil Recognizes Rule of Law 

Bolsonaro to Start Serving 27-Year Sentence Over Coup Plot

Trump v. U.S. and the end of the Georgia prosecutions are not the only way. Multiple former Brazilian leaders were prosecuted for crimes. 

I still don't understand, regarding the Georgia news, how some ethical issue involving a romantic relationship with the third choice for prosecutor was some sort of due process issue. Fani Willis at most should have gotten an ethical slap on the wrist. 

As with Trump v. U.S., there was no need for the state supreme court to take the case, delaying things until after the election, which sealed the deal. And that included many state defendants who still could have been prosecuted now. 

Limited Security Funding 

As judges face more threats, only the Supreme Court gets new security funds

The number of judicial threats has increased over the last ten years. Trump's vitriol does not help. It led to multiple threats and even some actual sanctions during his civil and criminal trials. For what good that did.

The failure to provide more security funds for lower court judges (tough on crime!) is suspicious.

According to several former judges, the money issue has also fueled perceptions that President Donald Trump’s administration and its allies in Congress have politicized judicial security. In hearings this year on the judiciary’s budget, some Republican lawmakers criticized judges who had ruled against Trump’s policies and pressed judiciary officials who testified on whether they would try to rein in what the lawmakers called a partisan judicial process.

Right-wing attacks are not the only cause of judicial threats. Vitriolic attacks from the top, however, matter. It worsens the situation. It leads to some more harassment. An article linked to the recent piece notes:

A simpler solution, several former judges said, would be for Trump administration officials to cool their rhetoric, which they believe fuels threats from extremists and fanatical supporters. While the White House has denounced violence against judges, President Donald Trump and some of his most powerful allies have continued to use inflammatory language to lambaste those who rule against administration policies.

In social media posts Wednesday and Thursday, top Trump adviser Stephen Miller called a federal trade court’s ruling against the president’s tariffs a “judicial coup” and reposted photos of the three-judge panel, saying, “we are living under a judicial tyranny.” 

[More here.]

More Trump News 

The Supreme Court *delays action* on Trump's request to fire Shia Perlmutter, the register of copyrights at the Library of Congress, pending the court's decision in two upcoming cases about the president's authority to fire federal officials. Thomas would let Trump fire Perlmutter now.

(Mark Joseph Stern on Bluesky regarding a Wednesday Order. No discussion from justices.) 

The second case is scheduled for January, so it will take some time. Meanwhile, the justices will be back on Monday with stuff scheduled until the 15th.

Trump's Thanksgiving Messages

Two National Guard members, who shouldn't have been in harm's way,* were shot in D.C. Army Specialist Sarah Beckstrom, 20, has died. Or, as the NYT dubiously phrased it, "succumbed to her wounds."  

(Air Force Staff Sgt. Andrew Wolfe, 24, remained in critical condition on Thursday after undergoing surgery.)  

Of course, Trump and company exploited this. First, more troops will be sent, which is akin to filling a hole by digging deeper. Second, it was used for by now mundanely horrible attacks on ("Third World") immigrants. 

Trump's comments on Thanksgiving included calling Gov. Tim Walz (who has a disabled son) "seriously retarded.") and crude attacks on the cultural/religious garb of a member of Congress (no kewpie doll for correctly citing the person).

His attack on "anti-American" types is rather ironic. Trump's official Thanksgiving message had the not ideal mix of religious and partisan messaging. 

His secondary message is much worse, including the usual unhinged references to the "Autopen approval process." Where's the 25th Amendment when you need it? 

The suspect is "an Afghan man who once served in an anti-Taliban force supported by the C.I.A." (to quote a NYT article). See also this report on how veterans are disproportionately on death row. 

Trump blamed Biden for the suspect obtaining refugee status, though he came here this year during the Trump Administration. The fact that President Biden provided refuge for "anti-Taliban forces supported by the C.I.A.," generally speaking, is "duh" territory. 

(Surely, any refugee program should have some safeguards. But now that we have Trump in power, surely, that will be covered too, correct?)

Trump's conveniently on-brand anti-certain-immigrants response to a special type of refugee/immigrant is a problem even without all the other baggage involved in the message. The ability to obtain the support of other nations when we need it will meanwhile be made that much harder. 

Anyway, I look forward to his Christmas Message, which will surely make King Herod (whose physical and mental state near the end was iffy) proud.

(Portrayed by Antonio Banderas in Journey to Jerusalem, a musical version of the Nativity Story.)

Some will continue to say "I voted for this." Others who did will be concerned while their Republican representatives do little or nothing in response. 

I understand those who see a possible light at the end of the tunnel, including the 2026 elections. But, at risk of violating Godwin's Law (which is not violated when the reference is correctly applied), the Germans continued to cause damage until May 1945.

==

Note: Chris Geidner, the author of that discussion, resides in D.C. He did not use the term "jackbooted thugs," which some might recall from back in the day.

His concern about not needlessly placing civil or military personnel in harm's way, however, does have a broad application. The same applies to the use of force overall, which sometimes will result in needless tragedy. Conservatives and libertarians, somewhat selectively, are concerned with such things.