Game of Thrones and Frozen finally get the mashup they deserve:
Month: June 2014
So Maybe They Will Be Coming After AIDS Meds Next …
A tweet to send shivers up anyone’s spine:
My religion trumps your “right” to employer subsidized consequence free sex.
— Erick Erickson (@EWErickson) June 30, 2014
Which is about the most cogent dissent to my response I can think of.
From The Annals Of Chutzpah
Just note the by-line:
How Crippled Is Afghanistan’s Democracy?
In Daniel Berman’s view, the rift created by Afghan presidential candidate Abdullah Abdullah’s allegations of widespread irregularities favoring his rival Ashraf Ghani casts the country’s entire future into doubt:
While it seems almost certain now that Ghani has/will win, with recent rumors putting his
total as high as 59%, the United States and NATO, perhaps distracted by Ukraine, have done little or nothing to respond to Abdullah’s blackmail. This is worrying because behind it lies a more serious threat. With the impending withdrawal of American forces and fears of a Taliban resurgence among Tajiks, Afghans affiliated with the former Northern Alliance have begun rearming, placing their future in their own hands rather than with Kabul’s. In many ways Abdullah’s candidacy is being sold as their last overture to national unity; the victory of a Pashtun candidate, even one as liberal as Ghani may well be treated as a signal to withdraw from the national government in Kabul.
The result would be devastating, the current events in Iraq enacted on a smaller scale. Without the need to conciliate non-Pashtuns, the national government would become increasingly infiltrated by pseudo-Taliban elements, likely backed by the Pakistani ISI. This in turn would reinforce the Tajiks in their determination not to have anything to do with it. This political death spiral can still be prevented by American pressure. But the opening to do so is vanishing rapidly. And if America’s focus remains dead set on Iraq, it may well find itself implicated in a second Civil War.
Last week, Leela Jacinto plumbed the depths of the controversy:
[T]he figures the Abdullah campaign has been citing are initial, regional IEC tallies. Preliminary runoff results are only due on July 2, and final results on July 22. The sheer ferocity of Abdullah’s premature response has sparked questions over whether the former mujahideen-era leader is simply trying to cover up his loss. Reports of the ongoing vote count suggest that Ghani has made a surprise comeback after finishing behind Abdullah in the April 5 first round.
Ghani contends that a successful voter mobilization campaign ahead of the latest vote is responsible for the last-minute surge in ballot casting. That could be true. Or it could just be a cover-up for dubiously magnified figures. With suspicions feeding the Kabul rumor mills, there have even been mumblings that the Taliban did not stage attacks on election day because the Pashtun militant group favors a Ghani victory. There’s no proof of this, of course. And even if it were true that the Taliban has an insidious, unacknowledged stake in favoring one candidate over another, it may not necessarily be disastrous for Afghanistan.
Ashley Jackson just hopes the election authorities can sort out the mess:
In my conversations with Afghan friends and colleagues in Kabul over the past few days, no one disputes that there has been widespread fraud and many are disillusioned with the way the process has played out. Few think the accusations should be brushed under the rug. But they also think it is up to the election bodies, with the international community’s support, to investigate and address discrepancies — however long it takes.
So far, the international community is sounding the right notes with the deputy head of the U.N., Nicholas Haysom, affirming the protestors’ rights but urging calm. Karzai has also voiced support for the U.N. in mediating the crisis, but this is ultimately a dispute that must be settled by Afghans.
(Photo: Supporters of Afghan presidential candidate Abdullah Abdullah shout slogans during a demonstration in Kabul on June 27, 2014. Abdullah led thousands of demonstrators at a noisy rally through Kabul, upping the stakes in his protest against alleged election fraud that has triggered a political crisis. Abdullah has vowed to reject the election result, saying he was the victim of massive ballot-box stuffing in the June 14 election with vote counting reportedly putting him far behind his poll rival Ashraf Ghani. By Shah Marai/AFP/Getty Images)
Hobby Lobby: Your Thoughts
Readers are far less sanguine about the ruling than I was. One writes:
You should be appalled, not reassured, by the Supreme Court’s ruling on Hobby Lobby precisely because it’s such a narrow ruling. The Court has ruled that only the religious views of abortion opponents count. The views of other religions do not count – Jehovah’s Witnesses (no blood transfusions), Orthodox Jews (no vaccinations on the Sabbath), Christian Scientists (no doctors, period). The narrowness of this ruling not only exposes it as the most blatantly political since Bush v. Gore, it is also the most blatantly Catholic – the result of having five Catholic conservatives in the majority.
Another reader thinks the narrowness of the decision is misleading:
I’m surprised that language in the majority opinion is read so credulously. The underlying reasoning in an opinion is more important than bald statements like “this opinion doesn’t mean that our reasoning can be taken to its logical conclusion.” Yes it does. That’s why we keep winning handily every time Lawrence v. Texas and its progeny (Windsor) comes up. Lawrence explicitly said “this case is not about gay marriage.” Scalia’s dissent howled that it in fact does – and he was right. Lawrence led directly to Windsor and every court that has considered the issue has cited Windsor (and its predecessor, Lawrence) for the proposition that marriage equality is a constitutional mandate. Pretending that Alito’s one throwaway sentence in this opinion somehow immunizes the reasoning from being applied to other areas looks to me like a refusal to grapple with the actual reasoning of the opinion.
About those other areas:
All the “reassuring language from Alito” you quoted specifically says that his opinion only addresses the contraceptive mandate because mandatory coverage of blood transfusions and vaccines weren’t a part of the case. He didn’t actually shut the door on another closely held company making a RFRA claim that mandatory coverage of blood transfusions or vaccines abridges religious freedom. If anything, he’s swung the door wide open for these kinds of cases. I could easily see a company make the argument that a person getting HIV is being punished by God for sinful behavior and treatments like Truvada abrogate punishment for that.
And the ramifications could continue:
I’m no lawyer, but I don’t understand why the objection to the compulsion of a small-business owner who is also a Jehovah’s Witness to provide transfusion coverage (or the compulsion of a Scientologist to provide his employees mental health coverage) would be any less legitimate.
Another reader:
What happens to women who take birth control for noncontraceptive reasons? Should Hobby Lobby be required to comply with the law for these women since they are not violating any religious beliefs? If so, would a woman have to promise Hobby Lobby she won’t use birth control for contraception to get covered? How would that work exactly? And by that same logic, is Hobby Lobby then exempt from having to provide other medications that have contraception as a side effect? Like chemo, for example?
But Hobby Lobby never opposed most kinds of contraception, including the pill. As we noted earlier:
The company objects to paying for morning-after pills and inter-uterine devices, but freely provides insurance that covers tubal ligation, birth control pills, condoms, diaphragms and contraception delivered via a patch or ring inserted into the cervix. More than 80% of all contraception users in the U.S. rely on these methods.
Update from a reader, who catches a typo in that excerpt from Kate Pickert:
Vaginated Americans – even the worst spellers among us – would note the inherent comic hopelessness of any such things as “inter-uterine devices” before letting that misprint meet the pixels of day (it should be “intrauterine” of course). Powerful as sisterhood gets, there is no device to link us up at the uteri.
Heh. Another reader:
I see others have already tread this ground, but I fail to see how Alito’s “caution” that
this decision concerns only the contraceptive mandate and should not be understood to hold that all insurance-coverage mandates, e.g., for vaccinations or blood transfusions, must necessarily fall if they conflict with an employer’s religious beliefs.
… is in any way reassuring, because of the underlying principle that this decision, and Citizens United represents. It has granted limited liability corporate entities individual rights. The fact that a company is closely held or publicly traded should be immaterial; a corporation is not an individual, and therefore shouldn’t be granted rights ascribed to individuals by our constitution.
In fact, the only way the Religious Restoration of Freedom act applies to Hobby Lobby or any other corporation is if you explicitly decide that when Congress wrote a law protecting individuals, they implicitly meant corporations, too. But Congress doesn’t write laws that way; they know the difference between these two.
But if that’s the way that so-called conservative jurisprudence wants to go, they also need to consider this: If there’s no separation between the individual religious beliefs of business owners/controllers and their operations, why should there be any separation of liability. I’d like to see the legal logic that says you can have one without forfeiting the other.
Another:
I share your view of the opinion. Although I haven’t read the whole thing yet, the holding is much narrower than it might have been. It may also be a Trojan horse for the shareholders of corporations like Hobby Lobby. As things stood before the opinion, shareholders enjoyed nearly absolute immunity from liability provided by the shield of the corporate entity. The fundamental exception has been in cases where a corporation, usually as a result of commingling of funds, can be deemed the “alter ego” of its shareholders, or a group of shareholders.
What happens now when a corporation, through its policies and actions, becomes liable as a result of its execution of the religious biases of its shareholders? Does the corporation become the alter ego for that limited purpose? The full opinion probably carves out an exception to the exception to provide ongoing confidence in the integrity of the corporate entity theory. However, I think a creative plaintiff might argue that the justification underlying the holding (in certain closely-held corporations religious belief of the owners may be attributed to the corporation for purpose of compliance with certain statutory mandates) opens the door to liability. In availing itself of a special, statutory immunity by virtue of assuming the religious beliefs of its owners, the corporation AND the owners become liable for torts arising from actions taken in the name of those religious beliefs.
Who knows? Stranger things have happened in the wake of “narrow” opinions.
Dr Zuckerberg Will Treat Your Moods Now
Above are the results of a controversial study in which Facebook altered the News Feeds of its users in order to determine if “emotional states [could] be transferred to others via emotional contagion, leading people to experience the same emotions without their awareness.” Robinson Meyer explains:
For one week in January 2012, data scientists skewed what almost 700,000 Facebook users saw when they logged into its service. Some people were shown content with a preponderance of happy and positive words; some were shown content analyzed as sadder than average. And when the week was over, these manipulated users were more likely to post either especially positive or negative words themselves. …
Many previous studies have used Facebook data to examine “emotional contagion,” as this one did. This study is different because, while other studies have observed Facebook user data, this one set out to manipulate it.
Meyer notes that the experiment was “almost certainly legal”. But Katy Waldman doubts anyone could argue that users really consented:
Here is the only mention of “informed consent” in the paper: The research “was consistent with Facebook’s Data Use Policy, to which all users agree prior to creating an account on Facebook, constituting informed consent for this research.” That is not how most social scientists define informed consent. … So there is a vague mention of “research” in the fine print that one agrees to by signing up for Facebook. As bioethicist Arthur Caplan told me, however, it is worth asking whether this lawyerly disclosure is really sufficient to warn people that “their Facebook accounts may be fair game for every social scientist on the planet.”
Katie Collins notes:
In the Code of Ethics and Conduct published by the British Psychological Society, it is stated that psychologists should: “Ensure that clients, particularly children and vulnerable adults, are given ample opportunity to understand the nature, purpose, and anticipated consequences of any professional services or research participation, so that they may give informed consent to the extent that their capabilities allow.”
Adrienne LeFrance reports that the study did go through an institutional review board – a tool used by the scientific community to assess the conduct of researchers when their experiments involve humans. The approval was “on the grounds that Facebook apparently manipulates people’s News Feeds all the time”. Ha! Laurie Penny rings the alarm:
Nobody has ever had this sort of power before. No dictator in their wildest dreams has been able to subtly manipulate the daily emotions of more than a billion humans so effectively.
There are no precedents for what Facebook is doing here. Facebook itself is the precedent. What the company does now will influence how the corporate powers of the future understand and monetise human emotion. Dr Adam Kramer, the man behind the study and a longtime member of the company’s research team, commented in an excited Q & A that “Facebook data constitutes the largest field study in the history of the world.” …
Emotional engineering is, and always has been, Facebook’s business model. It is the practice of making itself socially indispensable that has ensured that, for many millions of people, Facebook has become the default front page of the internet. Their newsfeed is literally that – it’s the first place many of us go to find out what’s been happening in the world, and in the worlds of those we love, those we like, and those we once met at a party and got an awkward friend request from two weeks later.
Bershidsky reminds us that Facebook’s ongoing daily behavior isn’t exactly beyond reproach either:
An algorithm called EdgeRank scores each post on a number of criteria; such as how frequently a News Feed owner interacts with its author and the quality of that interaction (a comment is more valuable than a “like”). The higher-ranked posts go to the top of the feed. That’s why a typical user doesn’t see everything her friends are posting — just what Facebook decides she’d be interested in seeing, plus paid advertising (which is also supposed to be targeted). You can tweak the settings to make posts appear in their “natural” order, but few people bother to do it, just as hardly anyone ever reads Facebook’s data use policy: buried among these 9000 words, there is a sentence that says research is a legitimate use. … Facebook manipulates what its users see as a matter of policy.
Kashmir Hill raises an eyebrow at the site’s response to the backlash:
Mid-day on Sunday, Facebook data scientist Adam Kramer who helped run the study also commented on it through a post on his Facebook page. … Kramer says, essentially, that the reason he and his co-researchers did this study was to make Facebook better. “[W]e care about the emotional impact of Facebook and the people that use our product,” he writes. “We felt that it was important to investigate the common worry that seeing friends post positive content leads to people feeling negative or left out. At the same time, we were concerned that exposure to friends’ negativity might lead people to avoid visiting Facebook.”
Kramer sounded a wee bit apologetic: “In hindsight, the research benefits of the paper may not have justified all of this anxiety.” He said that Facebook is working on improving its internal review practices for approving experiments like this and that it will “incorporate what we’ve learned from the reaction to this paper.”
Meanwhile, Charlie Warzel flags some pointed criticism on whether the study was even effective:
Dr. John Grohol, founder of the psychology site, Psych Central said he sees there two major flaws in the study, starting with the use of its sentiment analysis tool, Linguistic Inquiry and Word Count application (LIWC 2007). It’s a software program linguists and others psychologist commonly use in their research and it’s a well-understood tool that’s been pretty widely use but it was never designed to be used for small bits of text. …
Furthermore, Grohol said, the study, while focused on exploring emotional contagion, doesn’t actually measure the moods it’s trying to capture. “They never went to Facebook users and had them fill out a mood questionnaire. Instead the authors were making strange judgement calls based on content of status updates to predict a user mood,” he says, noting that the authors would likely need some other tool or survey to accurately gauge something as complex as emotional state.
And Cowen wonders if we should even care:
Clearly plenty of ads try to manipulative us with positive emotions, and without telling us. There are also plenty of sad songs, or for that matter sad movies and sad advertisements, again running an agenda for their own manipulative purposes. Is the problem with Facebook its market power? Or is the the sheer and unavoidable transparency of the notion that Facebook is inducing us to pass along similar emotions to our network of contacts, thus making us manipulators too, and in a way which is hard to us to avoid thinking about?
Leaving This World With Mary Poppins
After receiving a diagnosis of Alzheimer’s five years ago, Sandy Bem decided she would kill herself before the disease completely overtook her life. In May, Sandy and her husband Daryl gathered family to announce that she had set the date:
[Bem’s daughter] Emily says when she showed up at the meeting she was still very angry, convinced that her mother should hold on. Emily, who also lives in Ithaca, has a toddler. She wanted more time with her mother. But over the course of the meeting, this feeling began to ebb. “It was just so obvious that this is about as good as it gets for a human exit,” Emily says. “She was surrounded by everyone who loved her, they were telling her how and why they loved her. This was not a bad way to go.”
Two days later, Sandy’s friends and family gathered again, this time at the home of Sandy’s best friend. They all met for dinner as Sandy, across town, got ready to kill herself.
Sandy, with Daryl at her side, went on a long walk and watched a last movie — Mary Poppins, one of the few films Sandy could still follow. Assisted suicide is not legal in New York, so Sandy went into the bedroom alone to drink the drug overdose she’d ordered online. She followed it with a glass of wine. Finally, Sandy called her husband of 49 years into the room to ask for a last favor. “She asked if I would get into the bed with her,” Daryl says, which he did. “I held her, and I could hear her breathing. Just sort of watching every moment until her breathing just kind of stopped.”
And here is the thing. The relatives and friend I spoke to agree that something in this process made dealing with Sandy’s death much easier. “This is going to sound really funny, but I wouldn’t have had it any other way,” Emily Bem says. “It made it less like a grieving process and less like a sort of horrible thing that had happened, and more like something that made sense and felt right and actually had some joy to it in its own way.”
The Dish thread on different approaches to a loved one’s passing, “A Good Death,” is here.
Obama’s Budding Syrian Warriors
Those above are our guys, apparently. Pity their machine gun just blew up. But Michael Crowley still manages to argue that the president is “finally getting serious” about Syria in his decision to seek $500 million from Congress to train “moderate” rebel groups there:
Obama … still wants Assad gone. He just doesn’t want him toppled by ISIS. It’s not exactly a simple plan. And it will unfold slowly. If Congress approves Obama’s plan, it will be months longer before a Pentagon training program gets underway—and more time still before it forges enough skilled fighters to shape the Syrian conflict.
What’s clear is that Obama understands the status quo in Syria is a disaster, one that is creating what the recently-departed United Nations special envoy, Lakhdar Brahimi,called a “failed state” prone to “blow up” the wider region. And so Obama may be admitting he’s wrong. After months of arguing that taking serious action in Syria is too risky, Obama is signaling that the consequences of inaction — now unfolding across northern and western Iraq — are too dangerous to tolerate.
Or perhaps too dangerous to avoid appearing to do nothing, while not exactly doing much – for the exact reasons we have not done much before. No one has ever shown how aid could be sent to some rebels and not get purloined by the crazier ones – no one. The premise of Mike’s argument is that somehow this wasn’t and isn’t the case – but it is, as Juan Cole explains:
Training given by the US to “moderates” will be shared with ISIS and other radicals.
It is obvious that the training the US Central Intelligence Agency gave Afghan Mujahidin in northern Pakistan in the 1980s, in how to form covert cells and how to plan and execute tactical operations flowed to the Arab volunteers who were allied with the Mujahidin. In other words, US training helped to produce al-Qaeda when the training was shared by trainees with allied radicals.
There is little doubt that any special training given Syrian Sunnis by the US will be acquired by members of al-Qaeda affiliates for use against the US. It will be acquired because out on the battlefield US-trained moderates will be de facto allies of ISIS, and so will need the latter and will fight alongside them, sharing techniques. It will also be acquired when the moderates defect to the al-Qaeda affiliates.
Keating also questions the logic behind the intervention:
Given the atrocities he has committed, it is an unpalatable notion, but we may be fast approaching—if we haven’t already passed—the point at which the humanitarian and regional stability consequences of continuing to support the fight against Assad outweigh those of accepting that he will remain in power.
I would also hope that before authorizing these funds, Congress presses the administration to explain why the $500 million given to the rebels to fight ISIS will be more effective than the billions spent on training and equipping the Iraqi army that crumbled before them this month. The question becomes even more pressing given the nearly $5 billion that the president wants to fund counterterrorism training in several countries. (Remember when we were pivoting away from the Middle East?)
My faint hope is that all this activity is a ruse for doing very little. But my hope is fading, as the hegemonist impulse remains.
(Photo: Two Free Syrian Army (FSA) members injured after a machine gun exploded while shooting outside the Aleppo prison on May 26, 2014. By Salih Mahmud Leyla/Anadolu Agency/Getty Images.)
Why Am I Not So Alarmed By Hobby Lobby?
The obvious damning answer is that I am a man and no one has taken anything away from me – indeed the all-male majority who upheld Hobby Lobby’s religious rights specifically barred any procedure other than female contraception. If they did that for prescriptions for Truvada, for example, I might react differently. And I take that point. But its flipside is that this was a very narrow ruling, and the limiting of it to closely-held corporations, in which a small group of people with identical religious convictions can dictate the details of health insurance coverage they pay for, is not the great exemption for religious beliefs that some were fearing. It does not apply to publicly traded companies, for example. Here’s the reassuring language from Alito:
This decision concerns only the contraceptive mandate and should not be understood to hold that all insurance-coverage mandates, e.g., for vaccinations or blood transfusions, must necessarily fall if they conflict with an employer’s religious beliefs. Nor does it provide a shield for employers who might cloak illegal discrimination as a religious practice.
Of course, employment discrimination against gay people is legal discrimination in many states, so this may not seem much comfort. But I suspect that if closely-held religious companies start firing people explicitly because they are gay and therefore not kosher, the prospects for both a federal employment non-discrimination law and a heightened scrutiny ruling for gays improve considerably. And the recourse in this case is a pretty simple one: just extend the existing third party arrangements for religious institutions to closely held, religiously based companies. The main worry – Ginsburg’s – that this could create a dangerous and expansive precedent seems a little overblown to me. If anything, the real precedent is the Religious Freedom Restoration Act, and that remains at the Congress’s discretion, not the Court’s.
But none of this is to say I find this development a positive one for religion.
A Christianity that seeks to rid itself of interacting with sinners or infidels is not a Christianity I recognize. A Christianity that can ascribe the core religious nature of a human being to a corporation is theologically perverse. Corporations have no souls. They do not have a relationship with God, as Jonathan Merritt points out here. And a Christianity that seeks to jealously guard its own defenses rather than embrace the world joyfully and indiscriminately is not one that appeals to me.
But in some ways, this can be seen as a libertarian ruling. It reframes the argument of the religious right toward the libertarian one of self-defense, rather than of the imposition of religious standards on others. And as long as women can have easy access to free or subsidized contraception through Obamacare by another method, it can rest sturdily on that foundation.
The worry, it seems to me, is that it further restricts the area of neutral public life. It turns the world of business into something much more like a world of theology. It chips away at the notion of a naked public marketplace, where we can leave our faiths behind and simply buy and sell goods and not worry about anyone else’s religion or lack of it. And that’s a loss. But if it is restrained adequately and imposed narrowly, not that great a one. And if we can lean on the side of religious freedom – even of the defensive and narrow variety – without restricting the actual access to some forms of contraception, why shouldn’t we?
(Photo: Sister Caroline (L) attends a rally in Chicago with other supporters of religious freedom to praise the Supreme Court’s decision in the Hobby Lobby case on June 30, 2014. Oklahoma-based Hobby Lobby, which operates a chain of arts-and-craft stores, challenged the provision and the high court ruled 5-4 that requiring family-owned corporations to pay for insurance coverage for contraception under the Affordable Care Act violated a federal law protecting religious freedom. By Scott Olson/Getty Images)
A Century Of Screwing Up Iraq
Scott Anderson traces the origins of the present crisis in Iraq back to World War I:
For nearly 400 years prior to World War I, the lands of Iraq existed as three distinct semi-autonomous provinces, or vilayets, within the Ottoman Empire. In each of these vilayets, one of the three religious or ethnic groups that predominated in the region – Shiite, Sunni and Kurd – held sway, with the veneer of Ottoman rule resting atop a complex network of local clan and tribal alliances. This delicate system was undone by the West, and for an all-too-predictable reason: oil.
In order to raise an Arab revolt against the Ottomans, who had joined with Germany and Austria-Hungary in World War I, Great Britain forged a wartime alliance with Emir Hussein of the Hejaz region of Arabia, now the western edge of Saudi Arabia bordered by the Red Sea. The 1915 pact was a mutually advantageous one. Since Hussein was an extremely prominent Islamic religious figure, the guardian of the holy cities of Mecca and Medina, the alliance inoculated the British against the Ottoman accusation that they were coming into the Middle East as Christian Crusaders. In return, Britain’s promises to Hussein were extravagant: independence for virtually the entire Arab world.
But oil was discovered in all three of these vilayets, and so “the ‘nation’ of Iraq was created by fusing the three Ottoman provinces into one and put under direct British control.” Unrest predictably ensued, setting in motion the dynamics we’re still grappling with today:
In a belated effort to defuse the crises in Iraq and elsewhere in the Middle East – throughout the region, Arabs seethed at having traded their Ottoman overseers for European ones – the British government hastily appointed Winston Churchill as Colonial Secretary in early 1921. One of the first people Churchill turned to for help was Lawrence the war hero and champion of the Arab independence cause. As a result of the Cairo Conference that March, one of Emir Hussein’s sons, Faisal, was made king of Iraq, while another son, Abdullah, was placed on the throne of the newly-created kingdom of Jordan.
But whereas the ‘artificial nation’ of Jordan would eventually achieve some degree of political stability and cohesion, the same could never truly be said of its Iraq counterpart. Instead, its history would be marked by a series of violent coups and rebellions, with its political domination by the Sunni minority simply deepening its sectarian fault lines. After repeatedly intervening to defend their fragile creation, the British were finally cast out of Iraq in the late 1950s, their local allies murdered by vengeful mobs.
If all this sounds vaguely familiar, it’s for very good reason: the disastrous British playbook of 1920 was almost precisely replicated by the United States in 2003.
Recent Dish on the First World War’s impact on Middle Eastern politics here.
(Image: British troops entering Baghdad in 1917, via Wikimedia Commons)





