When someone says "don't have to apologize for being white," they necessarily mean "don't have to apologize for being white supremacist."

Also worth comparing to the (wrongly decided) Moore v. Hadestown Broadway LLC, (SDNY 2024), which upheld a First Amendment right to discriminate based on race in casting a musical. For my extended discussion of Moore and race-based casting, see ahmorse.medium.com/overt-racial... [3/3]

I agree that Shelley would invalidate any "only white people can work on this character" sorts of provisions in general. But in a reality where race-conscious casting is still routinely permitted, I don't think "character has to be portrayed as XYZ" violates Shelley. [2/3]

Even leaving aside whether the current Court would uphold Shelley v. Kraemer, I'm really skeptical about applying it to a licensing deal's restrictions on how a fictional character can be depicted. Substantial free speech rights apply there, and legit non-racist reasons to want consistency. [1/3]

Areas like meeting physical fitness standards, complying with training requirements, obeying orders, etc. would merit more deference. But taking seriously the idea that the 2nd Amendment creates real rights involves trade-offs--just as the current misguided regime accepts huge costs. [3/3]

Excluding people because "we don't like these citizens" (i.e. transgender soldiers, historically gay soldiers and African-American soldiers) based on "good order and discipline" arguments directly infringes the right to bear arms AND is in an area where deference is less due the executive. [2/3]

I think that, in a hypothetical world where that right was recognized that way, we would need the development of doctrine about how to balance the interests created by recognizing that right and deference to Congress and the executive branch on national defense. [1/3]

This is relevant to eg transgender service.

That’s always been my position—the 2d Amendment protects an affirmative right to participate in the trained militia (I.e. either state or National Guard).

What if you’ve had an oophorectomy?

Even more so than the inherent exterminationist logic of “replacement” threats. If a majority non-white nation is perilous, what about a majority non-white world? The logical endpoint is Nazi style genocide.

I was agreeing and noting that this is not a unique example of this, but rather part of a pattern of conduct by Cato.

Cato does some good work, but they’re overly willing to cooperate with illiberal (ie anti-liberty) conservatives and overly unwilling to make common cause with liberal groups pursuing libertarian goals Cato supports/ought to support.

A lot of carols get really doctrinal around verse 4. It’s like:

v1 Jesus was born in winter

v2 Which makes us happy

v3 Because he reconciles us to God

v4 By uniting the divine and human natures in his person, without division and without confusion

Some of them need to win 4 games, while others only need to win 3. (This is still not analysis worth reading because a picture of the bracket makes it obvious.