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Cake day: June 18th, 2023

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  • How do you differentiate what you’re calling psychological torture here from just bog standard negative anticipation?

    Is it psychological torture if I tell a child that we’re going to the doctor because they need to get their flu shot? They have to sit and live with that dread for the whole ride over.

    If this is in some way a difference of kind, what differentiates them? What is the key characteristic that separates the two?

    Is the only difference one of degree? That hurting someone in this way just a little bit is fine, but there’s some amount of damage that makes it unacceptable?

    Or is it that the ends justify the means? That it is psychological torture to tell a child about the flu shot, but that the need to get the shot outweighs the negative of the torture? If so, and if someone truly believes that capital punishment is correct in a given case, why would the same argument not be valid?










  • I’m betting 5-4 in favor of throwing this out.

    Gorsuch came down hard on Bostock, which makes me think he’d be skeptical of overturning Obergefell (which he wasn’t on the court to rule on originally).

    Roberts is married to process well enough that I don’t think he can find it in himself to violate stare decisis on a case he was actually chief justice for, even if he did vote against the first time. Plus a lot has changed since 2015, and the court took a hard swing right. The dude has always kinda been that middle man referee, so I think that’s another drop in the “would shoot this down” bucket.

    That only leaves Alito, Thomas, Kavenaugh, and Barrett. Alito and Thomas will always vote for the craziest possible position, so they’re right out. Kavenaugh and Barrett are more of a coin toss, but I lean towards them having their own, separate dissent if Bostock is any indication (which Kavenaugh dissented on, but not with Alito and Thomas. Barrett had yet to join.)

    So my gut is that this isn’t going anywhere. I’d honestly be surprised if the supreme court even took it up.



  • I think you’d be surprised at the number of people who would in fact say that Susan Collins is fair game, but that’s neither here nor there.

    I think we’re largely on the same page honestly. I think our difference, if there is one, is the degree to which we think morality vs tribalism is the true influencer.

    And this is a bit of a tangent, but I think this is exacerbated by the fact that morals are held to varying degrees of closeness. As an example, everyone agrees that cheating on your SO is wrong. Everyone also agrees that punching someone in the face is wrong. But if a husband cheats on his wife, and she slaps him, you will have people take (often very vehement) different sides on the issue, depending on which “sin” they consider to be worse.

    And so, expanding that to the tribalism issues at hand, the majority of people on both sides are attempting to stand for and push for virtues that they believe are most important. Sometimes that’s inclusivity and caring for the poor. Sometimes it’s family unity and economic security.

    And don’t hear me wrong, while any of that can be turned towards hate by malicious actors, it is clear that that is occuring on one side more than the other. But that doesn’t make the virtues themselves invalid.


  • Sure, but it’s equally as unenlightened to say that politics hasn’t devolved into tribalism.

    And let it not be missed that your example has one group actively participating in illegal and violent activity and one group that isn’t. The two groups aren’t equivalent on their face.

    A more apples to apples comparison would be joking about people at a Trump rally getting killed vs BLM protestors getting killed.

    And it absolutely would be hypocritical to joke about the one and not the other, and justifying it to yourself as being fine because people who go to Trump rallies are racist is in fact just tribalism.

    To phrase it another way, it sounds like you are saying, to some greater or lesser degree, that, “it’s fine because my morality is perfect, and therefore anyone not on team ‘me’ is obviously pure evil and therefore anything said about them or done to them is clearly and perfectly justified as they aren’t people deserving of moral consideration.”


  • Of course there’s nuance. Of course every set of jokes fall on a spectrum from universal to heinous.

    And obviously a lot of factors go in to deciding if something is truly unacceptable, up to and including if the person truly believes what they’re joking about.

    I’m not really arguing against any of that, and I think we’re in fact largely in agreement on that score.

    The point I’m actually fighting is one of introspection. To what degree is your opinion on whether a joke is okay or not dependant on your personal political leanings?

    How much are you using things like “whether they meant it or not” as a post-justification to make you feel less biased about why you took the position you did? If I provided a hundred different jokes by a hundred different comedians, would your “this is acceptable” vs “this is not” graph more align with a graph of how much they meant what they said, or with how left or right leaning the joke was?

    And maybe for you, it wouldn’t be politically skewed at all. Maybe you truly hold an objective metric that can be applied across the board, without a bias towards accepting more things that align to your own beliefs. But you must admit, if so, that it would make you an overwhelming outnumbered minority.

    And furthermore, surely you would admit, that most people who do have the “it was a joke against my candidate, and therefore it’s unacceptable, but it’s fine if the joke was about the enemy,” mindset, are quick to argue that they are in fact the most objective person on earth and only make decisions about acceptability based on cool hard logic and rules, not partisanship.