Discussion about this post

User's avatar
Charles Pick's avatar

On the Clarence Thomas front, it's a lot tougher for the left to accommodate his judicial views because it would not make any room for the way that the modern federal government works. I don't think it's necessarily correct to describe Thomas thought as "conservative" because if you had five Thomases on the Court, it would effect something like a revolution, at least domestically. See https://www.nytimes.com/2022/07/02/business/scotus-lochner-v-new-york.html

A lot of this controversy is more heat than light. The reality is that, internationally speaking, the revolution already happened. The post-New Deal era already died in the 1970s. The legal logic of the New Deal era was that interstate competition could be regulated and moderated through the Commerce Clause. Instead of a system that encouraged states to compete to keep wages & regulation down (Lochner era), the post-1937 legal philosophy was to limit interstate competition to keep wages up. The Larry Tribes of the world are trying to preserve a revolution that already died in the '70s.

The logic of the minimum wage and things like it is that Congress has the right to regulate interstate traffic of goods that were manufactured in factories etc. that did not observe federal minimum wage, safety laws etc. etc..

I go to Walmart today. I look at the shelves. Every single f*cking thing on the shelves barring some exceptions was not manufactured according to the legal logic of the New Deal era. Go to the clothing section. Like every t-shirt and yoga pant was made in Vietnam by workers earning $2 an hour and working 12 hour shifts. The New Deal logic says that every unit in that store should be seized by the feds, if it were made domestically under such conditions. It was manufactured overseas by producers who ignore those legal standards, so it does not get seized by the feds. How does this make sense? The magic of looking-the-other-way liberalism.

So, what I'm trying to get at here is that the liberals are in fact the conservatives of a legal system that has already been made ridiculous and antiquated by neoliberalism, which is a practical philosophy that says in effect that we should ignore many of our domestic economic regulations while pretending that they are still good because getting rid of them conventionally is politically impossible. Returning to the Lochner era or something like it, which is what Thomas is reaching towards, would be a recognition that the New Deal is in fact dead and has been dead for more than 50 years. Our reactionary liberal philosophers, tinged with Michael Moore type nostalgia, want to pretend really hard that their system is not dead and has not been dead for many decades now. Fortunately for them, moderates on the court are fine with this and don't want to upset the moronic apple cart.

Expand full comment
Duane Stiller's avatar

That sounds a lot like ‘if you want to learn X, practice X and test X. I am using ChatGPT to generate tests in Spanish and they are quite good. In addition ChatGPT is quite good at producing scheduled curriculums. So, it can help you define your learning schedule, set goals and test. Nirvana.

Expand full comment
19 more comments...

No posts