Democratizing the Supreme Court

United States Supreme Court Building

Ryan Doerfler and Samuel Moyn make the case:

Progressives are taking Supreme Court reform seriously for the first time in almost a century. Owing to the rise of the political and academic left following the 2008 financial crisis and the hotly contested appointments of Neil Gorsuch and Brett Kavanaugh, progressives increasingly view the Supreme Court as posing a serious challenge to the successful implementation of ambitious legislation like the “Green New Deal.”

Despite this once-in-a-generation energy around the idea of court reform, the popular and academic discussion of how to reform the Supreme Court has been unduly constrained and is now at risk of closing prematurely. This is the case with regard to its mechanism and its purpose alike. On the left, historical memory has limited debate almost entirely to “court packing.” Meanwhile the center has occupied itself with how to restore the Supreme Court’s legitimacy, rescuing the institution from its regrettable slide into partisanship. And now with the Court appearing to moderate to preempt legislative reform of the institution, the concern is that progressives will drop their demands for change, satisfied with a few modest judicial concessions.

This Article aims to keep the discussion of court reform alive and, just as importantly, to significantly expand its bounds. It does so, first, by urging progressives to reject the legitimacy frame of the issue, which treats the problem with the Supreme Court as one of politicization, in favor of an openly progressive frame in which the question is how to enable democracy within our constitutional scheme.

More here.

Did Xi Just Save the World?

(Photo by Feng Li/Getty Images)

Adam Tooze in Foreign Policy:

China will scale up its Intended Nationally Determined Contributions by adopting more vigorous policies and measures. We aim to have [carbon dioxide] emissions peak before 2030 and achieve carbon neutrality before 2060.”

Xi Jinping’s speech via video link to the United Nations General Assembly on Sept. 22 was not widely trailed in advance. But with those two short sentences China’s leader may have redefined the future prospects for humanity.

That may sound like hyperbole, but in the world of climate politics it is hard to exaggerate China’s centrality. Thanks to the gigantic surge in economic growth since 2000 and its reliance on coal-fired electricity generation, China is now by far the largest emitter of carbon dioxide. At about 28 percent of the global total, the carbon dioxide produced in China (as opposed to that consumed in the form of Chinese exports) is about as much as that produced by the United States, European Union, and India combined. Per capita, its emissions are now greater than those of the EU if we count carbon dioxide emissions on a production rather than a consumption basis.

Global warming is produced not by the annual flows of carbon but by the stocks that have accumulated over time in the Earth’s atmosphere. Allowing an equal ration for every person on the planet, it remains the case that the historic responsibility for excessive carbon accumulation lies overwhelmingly with the United States and Europe. Still today China’s emissions per capita are less than half those of the United States. But as far as future emissions are concerned, everything hinges on China.

More here.

It’s Time for a Debt “Jubilee”

Richard Vague over at INET Economics:

We were drowning in debt before the COVID-19 crisis, and now we are deluged in it.

“Total debt” is the sum of public (government) and private-sector debt—and private-sector debt is comprised of business and household debt: for example, student loans, mortgages, auto loans, small business loans, and more. In 1951, total debt stood at 128 percent of our national GDP. By the end of 2019, total debt had doubled to 256 percent. (See Chart 1). Government debt has increased markedly and gets the most attention, but we should be more concerned about the rapid growth in private-sector debt. During this time span, government debt has gone from 74 percent to 106 percent of GDP, but private sector debt has grown even faster, tripling from 54 percent to 150 percent. This debt level burdens individuals and small businesses and stultifies economic growth.

Chart 1

As both the government and American households and businesses use debt to fight the economic collapse caused by the pandemic, these debt ratios continue to spike. From January through May of 2020, private sector debt, which was already far too high, grew from 150 percent to 160 percent of GDP, though it is now moderating—and government debt climbed from 106 percent to 135 percent. By the end of 2021, these numbers could easily rise to over 160 percent and 140 percent, respectively, for a total of 300 percent or more of GDP (see Table A).

More here.

Can There Be a Global Intellectual History of Caste?

Shuvatri Dasgupta over at the blog of the Journal of the History of Ideas:

The association of the category of “global” with an intellectual history of caste is still quite an anomaly. However, recent works like Isabel Wilkerson’s widely acclaimed book Caste: The Origin of our Discontent, establish the globality of caste by associating its histories of oppression in India with the histories of racial exclusion in America. Recently, Dr. Suraj Yengde and Dr. Cornel West have collaborated to create a transnational language of resistance against the violence and atrocities understood as racism and casteism in the present day. Anupama Rao in her review of Wilkerson’s work, applauds the author’s innovative approach, but at the same time cautions us against establishing theoretical equivalence between the history of race and caste, although their manifestations of violence and exclusion might be identical. Rao in her earlier work read lower caste resistances as models for emancipatory self-fashioning, in turn arguing that these political acts remain a crucial part of the many histories of democracy in South Asia.

Whilst these works provide very productive ways for engaging with caste, I argue that a global intellectual history methodology provides an even wider set of possibilities for writing a conceptual history of caste. In this essay I will address two central questions: First, how can a history of caste benefit from the methodologies of global intellectual history? Second, how can this global concept history of caste contribute to shaping the methodological debates on global intellectual history?

More here.

Trump as the Ultimate Triumph of Neoliberalism

Branko Milanovic in Global Policy:

Modern capitalism societies are built on a dichotomy: in the political space decisions are (to be) made on an equal basis with everybody having the same say and with the structure of power being flat; in the economic space the power is held by the owners of capital, the decisions are dictatorial, and the structure of power is hierarchical. The dichotomy was always a complex balancing act: at times, the political principles of nominal equality tended to intrude into the economic space and to limit the power of owners: trade unions, ability to sue  companies, regulations regarding discrimination, hiring and firing. At other times, it was the economic sphere that invaded the political: the wealthy were able to buy politicians and impose the laws they liked.
The entire history of capitalism can be readily understood as the struggle between these two principles: is the democratic principle “exported” from politics  to rule in economics too, or is the hierarchical principle of company organization to invade the political sphere. Social democracy was essentially the former; neoliberalism was the latter.
Neoliberalism justified and promoted the introduction of purely economic and hierarchical principles in the political life. While it maintained the pretense of equality (one-person one-vote), it eroded it through the ability of the rich to select, fund, and make elect the politicians friendly to their interests.

More here.

We should wish Trump well. But he’s been astoundingly irresponsible at every turn

Richard Wolffe in The Guardian:

A veil of solemnity descends upon the land at times like this, when elected officials or public figures get sick or die. We wish them speedy recovery, or extend sympathies, as we should. We ignore their faults and failings, as we would want our own ignored. These are the norms of politics and public life. Established norms, like behaving with dignity and self-restraint in a presidential debate, or condemning racist terrorists and murderers. For the record, we should all wish Donald and Melania Trump a full and speedy recovery. But that does not answer the fundamental question this president will leave behind when he leaves office. What norms survive a man who takes pleasure in destroying norms?

First, let’s place the current norms in context. Concern for a person’s health – or respect for their death – should not suppress an honest discussion about their own conduct. You can’t ignore a smoker’s choices as you lament their lung cancer. And we can’t ignore the president’s choices in a pandemic, even as we wish for his recovery from Covid-19. From the beginning, Trump has been wrong about almost everything to do with the coronavirus. Even as he knew about the pandemic’s dangers, his policy choices were recklessly, dumbfoundingly, disastrously wrong. At every turn.

The pandemic didn’t disappear like a miracle, or with the summer. It couldn’t be treated with an injection of disinfectant or bright light. It wasn’t halted by banning some air passengers (but not all) from China. Testing, tracing and mask-wearing has never been established on a national basis to stop the national spread of the disease. For months, Trump claimed that cases were only rising because testing was rising. So now he knows, as he has all along, that his own case exists regardless of testing. Which brings us to the most damaging impact of all, beyond the physical damage to the body of a 74-year-old man who makes mysterious trips to hospital. Trump’s infection with Covid-19 destroys what’s left of his credibility as someone who can lead a nation through the pandemic. If he can’t protect himself, how on earth can he protect American citizens?

More here.

Saturday Poem

Electric Elegy

Farewell, German radio with your green eye
and your bulky box,
together almost composing
a body and soul. (Your lamps glowed
with a pink, salmony light, like Bergson’s
deep self.)
……………. Through the thick fabric
of the speaker (my ear glued to you as
to the lattice of a confessional), Mussolini once whispered,
Hitler shouted, Stalin calmly explained,
Bierut hissed, Gomulka held endlessly forth.
But no one, radio, will accuse you of treason;
no, your only sin was obedience: absolute,
tender faithfulness to the megahertz;
whoever came was welcomed, whoever was sent
was received.
………………… Of course I know only
the songs of Schubert brought you the jade
of true joy. To Chopin’s waltzes
your electric heart throbbed delicately
and firmly and the cloth over the speaker
pulsated like the breasts of amorous girls
in old novels.
………………… Not with the news, though,
especially not Radio Free Europe or the BBC.
Then your eye would grow nervous,
the green pupil widen and shrink
as though its atropine dose had been altered.
Mad seagulls lived inside you, and Macbeth.
At night, forlorn signals found shelter
in your rooms, sailors cried for help,
the young comet cried, losing her head.
Your old age was announced by a cracked voice,
then rattles, coughing, and finally blindness
(your eye faded), and total silence.
Sleep peacefully, German radio,
dream Schumann and don’t waken
when the next dictator-rooster crows.

by Adam Zagajewsky
from
The Vintage Book of Contemporary World Poetry
Vintage Books, 1996
Polish; trans. Renata Gorczynski,

Benjamin Ivry & C.K. Williams

Friday, October 2, 2020

Will Self: The English writer’s new drug memoir, ‘Will,’ dives from Hampstead Garden Suburb into an underworld

Mardean Isaac in Tablet:

Self’s overt commitment to the pursuit of self-derangement and the unchecked development of his independent sensibility mark him as one of the most unusual British writers of his time. His fiction, consisting mostly of satirical novels of the grotesque, is the product of deep-seated literary influences and intellectual orientations. The central reason that a broad perception of Self—who is known for writing books usually shunned as deliberately difficult, verbose, and unreadable—exists in Britain, is his public persona, mainly expressed on television panel shows. Through his great height (6’5”), confrontational visage, and a sepulchral voice that sounds like it has traveled a long way to reach us, he exudes a blend of gloom and antic joviality.

His new memoir, titled Will, told in the third person, represents an unprecedented foray into Self’s experience, even as it refers to some of the public aspects of his life as a writer.

More here.

Quantum entanglement realized between distant large objects

The Niels Bohr Institute at Phys.org:

A team of researchers at the Niels Bohr Institute, University of Copenhagen, have succeeded in entangling two very different quantum objects. The result has several potential applications in ultra-precise sensing and quantum communication and is now published in Nature Physics.

Entanglement is the basis for quantum communication and quantum sensing. It can be understood as a quantum link between two objects which makes them behave as a single quantum object.

Researchers succeeded in making entanglement between a mechanical oscillator—a vibrating dielectric membrane—and a cloud of atoms, each acting as a tiny magnet, or what physicists call “spin.” These very different entities were possible to entangle by connecting them with photons, particles of light. Atoms can be useful in processing quantum information and the membrane—or mechanical quantum systems in general—can be useful for storage of quantum information.

More here.

The Martyrdom of Soleimani in the Propaganda Art of Iran

Amir Ahmadi Arian in the New York Review of Books:

One spring morning, on a return visit to Iran in 2015, I was sitting in a taxi stuck in traffic in Tehran’s Towhid Square and scanning the image-plastered dashboard to kill time. I took in the familiar snapshots: Los Angeles singers like Dariush and Ebi, scantily clad Bollywood actresses, framed verses from Qur’an swinging underneath the rear mirror, and an amulet dangling from its little frame. But amid this collage, there was also a photo of someone I had never seen before: a severe but distinguished-looking uniformed man. I pointed to the picture, and spoke.

“Do you like Soleimani?” I asked the taxi driver.

“Oh, of course,” he said. “He’s my man.” Then, seeing the confusion on my face, he added, “I hate mullahs as much as anyone, believe me. But Hajj Qassem is different.”

It was after that encounter that I began to notice how ubiquitous the image of Soleimani, a man whose name few people had known just a few years earlier, had become. In the windows of corner stores, on top of car trunks and van doors—posters of him were everywhere. Just like my cab driver, ordinary people had begun to revere him despite his steadfast loyalty to the system so many of them despised.

More here.

Women Philosophers of Seventeenth-Century England

David Cunning at Notre Dame Philosophical Reviews:

The selected correspondence between Masham and Locke is fascinating to say the least. One of the exchanges treats the topic of religious enthusiasm. In response to Locke’s dismissal of religious enthusiasm as having no epistemological value, Masham notes that Locke might be thinking too narrowly of enthusiasm and indeed that there appears to be a version of it that readies the mind for reflection — a “Divine Sagacitie which is onely Competible to Persons of Pure and Unspoted Minds and without which Reason is not successful in the Contemplation of the Highest matters” (133-34). In another exchange, Masham presses Locke on how an empiricist can account for the formation of an idea of eternity in a finite human mind. Masham argues that the content of that idea does not represent eternity, but merely finite time repeated; that wouldn’t be an idea of eternity at all (184). Here she is gesturing at her own (Cambridge) Platonism and hinting that there are other entities about which Locke thinks we can reason — for example God — but where Lockean empiricism does not allow us to have ideas of them. Masham argues that at the very least finite minds are pre-formed with dispositions and traces, without which many of our ideas would never take shape (183). A third topic that is prominent in the exchanges between Masham and Locke is the question of whether or not the ethical doctrine of Stoicism can be lived by embodied human beings. For example, Masham says that if Epictetus and others are correct, then “Reason Teaches me . . . to be Contended with the World as it tis, and to make the Best of everything in it” (159).

more here.

Pissarro and Cézanne

T.J. Clark at the LRB:

Nonetheless, Cézanne came to Pissarro to unlearn his first style, and, seemingly, to change his mind about Courbet, Manet and Delacroix; or at least about what might be made from them, from their attitudes (their subjects, their stances) and their materials. Provocation in art would give way to patience, to exposure to optical events. The word ‘humble’ which Cézanne chose years later to characterise Pissarro – ‘humble and colossal’, he called him, and perhaps even ‘justified in his anarchist theories’ – sums up a number of things. The way forward for French painting, Cézanne seems to have decided in 1873, was to be found in the style that Monet had built, and to which Pissarro had given his distinctive stamp, in the very years when Cézanne had built his massive contrary to Monet’s lightness and impersonality. (‘Monet, around 1869, he struck the great blow’ was Cézanne’s verdict in retrospect. ‘Monet and Pissarro, the two great masters, the only two.’) The Courbet, Manet and Delacroix in oneself, in other words – and no doubt the three remained heroes – would have to be painted out. Sometime in the winter of 1872-73 (I shall return to this later) Cézanne borrowed a landscape Pissarro had done two years before, in the first heyday of Impressionism, and sat down to copy it stroke by stroke.

more here.

The History of ‘Stolen’ Supreme Court Seats

Erick Trickey in Smithsonian:

A Supreme Court justice was dead, and the president, in his last year in office, quickly nominated a prominent lawyer to replace him. But the unlucky nominee’s bid was forestalled by the U.S. Senate, blocked due to the hostile politics of the time. It was 1852, but the doomed confirmation battle sounds a lot like 2016. “The nomination of Edward A. Bradford…as successor to Justice McKinley was postponed,” reported the New York Times on September 3, 1852. “This is equivalent to a rejection, contingent upon the result of the pending Presidential election. It is intended to reserve this vacancy to be supplied by Gen. Pierce, provided he be elected.”

Last year, when Senate Republicans refused to vote on anyone President Barack Obama nominated to replace the late Justice Antonin Scalia, Democrats protested that the GOP was stealing the seat, flouting more than a century of Senate precedent about how to treat Supreme Court nominees. Senate Democrats such as Chuck Schumer and Patrick Leahy called the GOP’s move unprecedented, but wisely stuck to 20th-century examples when they talked about justices confirmed in election years. That’s because conservatives who argued that the Senate has refused to vote on Supreme Court nominees before had some history, albeit very old history, on their side.

What the Senate did to Merrick Garland in 2016, it did it to three other presidents’ nominees between 1844 and 1866, though the timelines and circumstances differed. Those decades of gridlock, crisis and meltdown in American politics left a trail of snubbed Supreme Court wannabes in their wake. And they produced justices who—as Neil Gorsuch might—ascended to Supreme Court seats set aside for them through political calculation.

More here.

The President Tests Positive for the Coronavirus, and a Nation Anticipates Chaos

David Remnick in The New Yorker:

President Donald Trump and his wife, Melania, have tested positive for the coronavirus, an announcement which is bound to throw the Presidential race into a state of grave uncertainty, if not chaos. The novel coronavirus pandemic has killed more than two hundred thousand Americans and more than a million people worldwide. On Friday morning, at 12:54 a.m. Eastern time, Trump tweeted, “Tonight, @FLOTUS and I tested positive for covid-19. We will begin our quarantine and recovery process immediately. We will get through this together!”

Trump’s physician, Sean Conley, issued a statement saying that Trump and the First Lady were both “well at this time.” Trump had reportedly been hoarse during the day on Thursday, but his circle ascribed that to the rigors of rallies and other public events. “Rest assured I expect the President to continue carrying out his duties without disruption while recovering,” Conley wrote, “and I will keep you updated on any future developments.”

From the very beginning of the pandemic, Trump has denied or diminished the seriousness of covid-19, from its initial outbreak in China to its spread to Europe and beyond. In interviews with Bob Woodward, for the journalist’s book “Rage,” Trump admitted that he well understood from advisers how lethal and fast-spreading the disease could be, but in public statements he downplayed the danger, saying repeatedly that the virus would disappear with the summer’s warm weather and that there was little to worry about. To the despair of the scientific and medical communities, which have uniformly said that the disease can be best contained if people wear protective masks and maintain a social distance, Trump has repeatedly flouted their advice and touted disreputable treatments. As recently as Tuesday’s Presidential debate, in Cleveland, Trump mocked his opponent, Joe Biden, for wearing masks and practicing social distancing. “I don’t wear masks like him,” Trump said sarcastically of Biden, at the debate. “Every time you see him, he’s got a mask. He could be speaking two hundred feet away from him, and he shows up with the biggest mask I’ve ever seen.”

More here.

Friday Poem

A Man in His Life

A man in his life has no time to have
Time for everything.
He has no room to have room
For every desire. Ecclesiastes was wrong to claim that.

A man has to hate and love all at once,
With the same eyes to cry and to laugh
With the same hands to throw stones
And to gather them,
Make love in war and war in love.

And hate and forgive and remember and forget
And order and confuse and eat and digest
What long history does
In so many years.

A man in his life has no time.
When he loses he seeks
When he finds he forgets
When he forgets he loves
When he loves he begins forgetting.

And his soul is knowing
And very professional,
Only his body remains an amateur
Always. It tries and fumbles.
He doesn’t learn and gets confused,
Drunk and blind in his pleasures and pains.

In autumn, he will die like a fig,
Shriveled, sweet, full of himself.
The leaves dry out on the ground,
And the naked branches point
To the place where there is time for everything.

by Yehuda Amichai
from the collection, The Selected Poetry Of Yehuda Amichai (Literature of the Middle East)
University of California Press.

Thursday, October 1, 2020

The Writer–Translator Equation

Tim Parks in the New York Review of Books:

The translator is a writer. The writer is a translator. How many times have I run up against these assertions?—in a chat between translators protesting because they are not listed in a publisher’s index of authors; or in the work of literary theorists, even poets (“Each text is unique, yet at the same time it is the translation of another text,” observed Octavio Paz). Others claim that because language is referential, any written text is a translation of the world referred to.

In recent months, I have been dividing my working day between writing in the morning and translating in the afternoon. Maybe comparing the two activities would be a good way to test this writer–translator equation.

I’m writing a novel. It began to present itself as a possibility perhaps a year before I started work on it. Two vague ideas that had been bumping around for a while came together and took on a little form. One: an older man, once prominent in cultural circles, has withdrawn from all contact with his peers and stopped following news or media in any form; he lives as a kind of urban hermit, an acute observer but, as it were, uninformed. Two: someone receives, out of the blue, an invitation to attend the funeral, in a foreign country, of an extremely distinguished colleague, friend, and rival of many years ago.

More here.

This Overlooked Variable Is the Key to the Pandemic

Zeynep Tufekci in The Atlantic:

There’s something strange about this coronavirus pandemic. Even after months of extensive research by the global scientific community, many questions remain open.

Why, for instance, was there such an enormous death toll in northern Italy, but not the rest of the country? Just three contiguous regions in northern Italy have 25,000 of the country’s nearly 36,000 total deaths; just one region, Lombardy, has about 17,000 deaths. Almost all of these were concentrated in the first few months of the outbreak. What happened in Quito, Ecuador, in April, when so many thousands died so quickly that bodies were abandoned in the sidewalks and streets? Why, in the spring of 2020, did so few cities account for a substantial portion of global deaths, while many others with similar density, weather, age distribution, and travel patterns were spared? What can we really learn from Sweden, hailed as a great success by some because of its low case counts and deaths as the rest of Europe experiences a second wave, and as a big failure by others because it did not lock down and suffered excessive death rates earlier in the pandemic? Why did widespread predictions of catastrophe in Japan not bear out? The baffling examples go on.

I’ve heard many explanations for these widely differing trajectories over the past nine months—weather, elderly populations, vitamin D, prior immunity, herd immunity—but none of them explains the timing or the scale of these drastic variations. But there is a potential, overlooked way of understanding this pandemic that would help answer these questions, reshuffle many of the current heated arguments, and, crucially, help us get the spread of COVID-19 under control.

More here.