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The Atlantic
Trump’s Legal Argument Is a Path to Dictatorship
theatlantic.com
The notion that Donald Trump’s supporters believe that he should be able to overthrow the government and get away with it sounds like hyperbole, an absurd and uncharitable caricature of conservative thought. Except that is exactly what Trump’s attorney D. John Sauer argued before the Supreme Court yesterday, taking the position that former presiden
Trump’s Legal Argument Is a Path to Dictatorship
The notion that Donald Trump’s supporters believe that he should be able to overthrow the government and get away with it sounds like hyperbole, an absurd and uncharitable caricature of conservative thought. Except that is exactly what Trump’s attorney D. John Sauer argued before the Supreme Court yesterday, taking the position that former presidents have “absolute immunity” for so-called official acts they take in office.“How about if a president orders the military to stage a coup?” Justice Elena Kagan asked Sauer. “I think it would depend on the circumstances whether it was an official act,” Sauer said after a brief exchange. “If it were an official act … he would have to be impeached and convicted.”“That sure sounds bad, doesn’t it?” Kagan replied later.The Democratic appointees on the bench sought to illustrate the inherent absurdity of this argument with other scenarios as well—Kagan got Sauer to admit that the president could share nuclear secrets, while Justice Sonia Sotomayor presented a scenario in which a president orders the military to assassinate a political rival. Sauer said that might qualify as an official act too. It was the only way to maintain the logic of his argument, which is that Trump is above the law.[David A. Graham: The cases against Trump: A guide]“Trying to overthrow the Constitution and subvert the peaceful transfer of power is not an official act, even if you conspire with other government employees to do it and you make phone calls from the Oval Office,” Michael Waldman, a legal expert at the Brennan Center for Justice, a liberal public-policy organization, told me. Trump’s legal argument is a path to dictatorship. That is not an exaggeration: His legal theory is that presidents are entitled to absolute immunity for official acts. Under this theory, a sitting president could violate the law with impunity, whether that is serving unlimited terms or assassinating any potential political opponents, unless the Senate impeaches and convicts the president. Yet a legislature would be strongly disinclined to impeach, much less convict, a president who could murder all of them with total immunity because he did so as an official act. The same scenario applies to the Supreme Court, which would probably not rule against a chief executive who could assassinate them and get away with it.The conservative justices have, over the years, seen harbingers of tyranny in union organizing, environmental regulations, civil-rights laws, and universal-health-care plans. When confronted with a legal theory that establishes actual tyranny, they were simply intrigued. As long as Donald Trump is the standard-bearer for the Republicans, every institution they control will contort itself in his image in an effort to protect him.The Supreme Court, however, does not need to accept Trump’s absurdly broad claim of immunity for him to prevail in his broader legal battle. Such a ruling might damage the image of the Court, which has already been battered by a parade of hard-right ideological rulings. But if Trump can prevail in November, delay is as good as immunity. The former president’s best chance at defeating the federal criminal charges against him is to win the election and then order the Justice Department to dump the cases. The Court could superficially rule against Trump’s immunity claim, but stall things enough to give him that more fundamental victory.If they wanted, the justices could rule expeditiously as well as narrowly, focusing on the central claim in the case and rejecting the argument that former presidents have absolute immunity for acts committed as president, without getting into which acts might qualify as official or not. Sauer also acknowledged under questioning by Justice Amy Coney Barrett that some of the allegations against Trump do not involve official acts but private ones, and so theoretically the prosecution could move ahead with those charges and not others. But that wouldn’t necessarily delay the trial sufficiently for Trump’s purposes.“On big cases, it’s entirely appropriate for the Supreme Court to really limit what they are doing to the facts of the case in front of it, rather than needing to take the time to write an epic poem on the limits of presidential immunity,” Waldman said. “If they write a grant opinion, saying no president is above the law, but it comes out too late in the year, they will have effectively immunized Trump from prosecution before the election while pretending not to.”Trump’s own attorneys argued in 2021, during his second impeachment trial, that the fact that he could be criminally prosecuted later was a reason not to impeach him. As The New York Times reported, Trump’s attorney Bruce Castor told Congress that “after he is out of office,” then “you go and arrest him.” Trump was acquitted in the Senate for his attempted coup after only a few Republicans voted for conviction; some of those who voted to acquit did so reasoning that Trump was subject to criminal prosecution as a private citizen. The catch-22 here reveals that the actual position being taken is that the president is a king, or that he is entitled to make himself one. At least if his name is Donald Trump.[David A. Graham: The Supreme Courts goes through the looking glass of presidential immunity]Democracy relies on the rule of law and the consent of the governed—neither of which is possible in a system where the president can commit crimes or order them committed if he feels like it. “We can’t possibly have an executive branch that is cloaked in immunity and still expect them to act in the best interests of the people in a functioning democracy,” Praveen Fernandes, the vice president of the Constitutional Accountability Center, a liberal legal organization, told me.The only part of Trump’s case that contains anything resembling a reasonable argument is the idea that without some kind of immunity for official acts, presidents could be prosecuted on a flimsy basis by political rivals. But this argument is stretched beyond credibility when it comes to what Trump did, which was to try repeatedly and in multiple ways to unlawfully seize power after losing an election. Even if the prospect of presidents being prosecuted for official acts could undermine the peaceful transfer of power, actually trying to prevent the peaceful transfer of power is a much more direct threat—especially because it has already happened. But the Republican-appointed justices seemed much more concerned about the hypothetical than the reality.“If an incumbent who loses a very close, hotly contested election knows that a real possibility after leaving office is not that the president is going to be able to go off into a peaceful retirement but that the president may be criminally prosecuted by a bitter political opponent,” Justice Samuel Alito asked, “will that not lead us into a cycle that destabilizes the functioning of our country as a democracy?”Trump has the conservative justices arguing that you cannot prosecute a former president for trying to overthrow the country, because then they might try to overthrow the country, something Trump already attempted and is demanding immunity for doing. The incentive for an incumbent to execute a coup is simply much greater if the Supreme Court decides that the incumbent cannot be held accountable if he fails. And not just a coup, but any kind of brazen criminal behavior. “The Framers did not put an immunity clause into the Constitution. They knew how to,” Kagan pointed out during oral arguments. “And, you know, not so surprising, they were reacting against a monarch who claimed to be above the law. Wasn’t the whole point that the president was not a monarch and the president was not supposed to be above the law?”At least a few of the right-wing justices seemed inclined to if not accept Trump’s immunity claim, then delay the trial, which would likely improve his reelection prospects. As with the Colorado ballot-access case earlier this year, in which the justices prevented Trump from being thrown off the ballot in accordance with the Constitution’s ban on insurrectionists holding office, the justices’ positions rest on a denial of the singularity of Trump’s actions.No previous president has sought to overthrow the Constitution by staying in power after losing an election. Trump is the only one, which is why these questions are being raised now. Pretending that these matters concern the powers of the presidency more broadly is merely the path the justices sympathetic to Trump have chosen to take in order to rationalize protecting the man they would prefer to be the next president. What the justices—and other Republican loyalists—are loath to acknowledge is that Trump is not being uniquely persecuted; he is uniquely criminal.This case—even more than the Colorado ballot-eligibility case—unites the right-wing justices’ political and ideological interests with Trump’s own. One way or another, they will have to choose between Trumpism and democracy. They’ve given the public little reason to believe that they will choose any differently than the majority of their colleagues in the Republican Party.
We’re All Reading Wrong
theatlantic.com
To access the full benefits of literature, you have to share it out loud.
Trump Is Getting What He Wants
theatlantic.com
The Supreme Court seems to be endorsing his views on presidential power.
The Rise of Big Vet
theatlantic.com
In the pandemic winter of 2020, Katie, my family’s 14-year-old miniature poodle, began coughing uncontrollably. After multiple vet visits, and more than $1,000 in bills, a veterinary cardiologist diagnosed her with heart failure. Our girl, a dog I loved so much that I wrote an essay about how I called her my “daughter,” would likely die within nine
The Rise of Big Vet
In the pandemic winter of 2020, Katie, my family’s 14-year-old miniature poodle, began coughing uncontrollably. After multiple vet visits, and more than $1,000 in bills, a veterinary cardiologist diagnosed her with heart failure. Our girl, a dog I loved so much that I wrote an essay about how I called her my “daughter,” would likely die within nine months.Katie survived for almost two years. My younger son joked that Katie wasn’t going to let advanced heart failure get in the way of her life goal of never leaving my side, but the truth was that I was the one who wouldn’t let her go. Katie’s extended life didn’t come cheap. There were repeated scans, echocardiograms, and blood work, and several trips to veterinary emergency rooms. One drug alone cost $300 a month, and that was after I shopped aggressively for discounts online.People like me have fueled the growth of what you might call Big Vet. As household pets have risen in status—from mere animals to bona fide family members—so, too, has owners’ willingness to spend money to ensure their well-being. Big-money investors have noticed. According to data provided to me by PitchBook, private equity poured $51.6 billion into the veterinary sector from 2017 to 2023, and another $9.3 billion in the first four months of this year, seemingly convinced that it had discovered a foolproof investment. Industry cheerleaders pointed to surveys showing that people would go into debt to keep their four-legged friends healthy. The field was viewed as “low-risk, high-reward,” as a 2022 report issued by Capstone Partners put it, singling out the industry for its higher-than-average rate of return on investment.[From the December 2022 issue: How much would you pay to save your pet’s life?]In the United States, corporations and private-equity funds have been rolling up smaller chains and previously independent practices. Mars Inc., of Skittles and Snickers fame, is, oddly, the largest owner of stand-alone veterinary clinics in the United States, operating more than 2,000 practices under the names Banfield, VCA, and BluePearl. JAB Holding Company, the owner of National Veterinary Associates’ 1,000-plus hospitals (not to mention Panera and Espresso House), also holds multiple pet-insurance lines in its portfolio. Shore Capital Partners, which owns several human health-care companies, controls Mission Veterinary Partners and Southern Veterinary Partners.As a result, your local vet may well be directed by a multinational shop that views caring for your fur baby as a healthy component of a diversified revenue stream. Veterinary-industry insiders now estimate that 25 to 30 percent of practices in the United States are under large corporate umbrellas, up from 8 percent a little more than a decade ago. For specialty clinics, the number is closer to three out of four. And as this happened, veterinary prices began to rise—a lot. Americans spent an estimated $38 billion on health care and related services for companion animals in 2023, up from about $29 billion in 2019. Even as overall inflation got back under control last year, the cost of veterinary care did not. In March 2024, the Consumer Price Index for urban consumers was up 3.5 percent year over year. The veterinary-services category was up 9.6 percent. If you have ever wondered why keeping your pet healthy has gotten so out-of-control expensive, Big Vet just might be your answer.To get a sense of what might happen when the profit-seeking dial gets turned up too high in veterinary medicine, we need look no further than human health care. An extensive body of research shows that when private equity takes over a hospital or physician practice, prices and the number of expensive procedures tend to go up. A study found serious medical errors occur more frequently after private equity buys the hospital. Another study found that costs to patients rise, too, sometimes substantially. And that’s in a tougher regulatory environment. In veterinary medicine, there is no giant entity like Medicare capable of pushing back on prices. There is no requirement, in fact, to provide care at all, no matter how dire the animal’s condition. Payment is due at the time of service or there is no service. Whenever I told people I was working on this article, I was inundated with Big Vet complaints. Catherine Liu, a professor at UC Irvine, took her elderly pit-bull mix, Buster, to a local VCA when he became lethargic and began drooling excessively. More than $8,000 in charges later, there was still no diagnosis. “Sonograms, endoscopy—what about just a hypothesis of what the symptoms could be? Nothing like that at all was forthcoming,” Liu told me. Shortly before Buster died, a vet in private practice diagnosed him with cancer. The disease, Liu said, had not once been mentioned by the vets at VCA. (Mars Petcare, VCA’s parent company, declined to comment on the episode.)I don’t mean to single out VCA here—in fact, I should note that a VCA vet’s medical protocol was almost certainly responsible for my dog’s longer-than-expected life. One reason Mars-owned chains attract outsized attention for their high costs and customer-service failures is that the company actually brands its acquisitions. That’s unusual. A study conducted by the Arizona consumer advocate Todd Nemet found that fewer than 15 percent of corporate-owned practices in the state slap their own brand identity on their vets; most keep the original practice name, leaving customers with the illusion of local ownership. (When I asked Thrive Pet Healthcare, a chain majority-owned by TSG Consumer Partners, about why the company doesn’t brand its clinics, a spokesperson replied, “We realize the value of local hospital brands and are committed to preserving and supporting them.”) Indeed, some pet owners told me that they realized that ownership of their vet had changed only after what they thought was a routine visit resulted in recommendations for mounds of tests, which turned out to have shot up in price. Paul Cerro, the CEO of Cedar Grove Capital, which invests in the pet industry, says this issue is frequent in online reviews. “People will say, ‘I’ve been coming here for four years, and all of a sudden I’m getting charged for things I’ve never been charged for,’ and they give it one star.”[Read: The great veterinary shortage]Big Vet denies charging excessive prices. VCA Canada, for instance, recently told The Globe and Mail that prices can increase after an acquisition because “the quality of the care, the quality of everything we offer to them, goes up as well.” A spokesperson for Mars told me, “We invest heavily in our associates, hospitals, state-of-the-art equipment, technology, and other resources.” NVA, which is planning an initial public offering in 2025 or 2026, did not directly answer a question about why veterinary prices were rising so rapidly, instead sending me a statement saying, in part, “Our vision is to build a community of hospitals that pet owners trust, are easy to access, and provide the best possible value for care.” Do rising prices really just reflect higher-quality care? There may be some truth to this, but there is also evidence to the contrary. A study published last year in the Journal of the American Veterinary Medical Association, for example, found that vets working for large corporations reported more pressure to generate revenue, whereas veterinarians working for independent practices reported higher levels of satisfaction for such things as the “ability to acquire new large equipment” and the “ability to get new/different drugs.” Preliminary research by Emma Harris, the vice president of Vetster, a veterinary telehealth start-up, found significant differences in pricing between corporate and privately owned veterinary clinics in the same geographic region. Usually, she told me, the increases “occurred immediately after the sale to a private-equity-owned group.”All of this doesn’t sit well with many in the sector. Vets tend to be idealistic, which makes sense given that many of them rack up six figures in student-loan debt to pursue a profession that pays significantly less than human medicine. One vet, who worked for an emergency-services practice that, they said, raised prices by 20 percent in 2022, told me, “I almost got to the point where I was ashamed to tell people what the estimate was for things because it was so insanely high.” (The vet asked for anonymity because they feared legal repercussions.) Others described mounting pressure to upsell customers following acquisition by private equity. “You don’t always need to take X-rays on an animal that’s vomited just one time,” Kathy Lewis, a veterinarian who formerly worked at a Tennessee practice purchased in 2021 by Mission Veterinary Partners, told me. “But there was more of that going on.” Prices increased rapidly as well, she said, leading to customer complaints. (Mission Veterinary Partners did not respond to requests for comment.)The combination of wheeling-and-dealing and price increases in the veterinary sector is beginning to attract the government’s attention. In the United States, the Federal Trade Commission required, in 2022 consent decree, that JAB seek prior approval before purchasing any emergency or specialty clinic within 25 miles of one it already owns in California and Texas for the next decade. In her written comments, FTC Chair Lina Khan said she feared these one-by-one purchases could lead to the development of a stealth monopoly. (JAB denied any wrongdoing.) And in the United Kingdom, where corporate ownership is higher than in the United States (even the practice originally owned by the author of the classic veterinary novel All Creatures Great and Small has been rolled up), government authorities are moving forward with an investigation into high prices and market concentration after an initial inquiry drew what regulators called an “unprecedented” response from the public.Pet owners used to have an easier time accepting the short lives of domestic animals. Few people were taking the barnyard cat or junkyard dog in for chemotherapy or ACL surgery, to say nothing of post-op aquatic physical therapy. “When we started out over 20 years ago, you had to live near a veterinary teaching hospital to have access to something like an MRI,” Karen Leslie, the executive director of the Pet Fund, a charity that aids people with vet bills, told me. “Now it’s the standard of care. It’s available basically everywhere—but that starts at $2,000.”Big Vet, in Leslie’s view, helped fuel an increase in expensive services. The same medical progress that’s helped humans beat back once-fatal diseases is doing the same for cats and dogs, extending their life spans to record lengths. But only if you have the money to pay for it. Some pets—my late Katie, Liu’s late Buster—receive one expensive test or treatment after another, sometimes helpful, sometimes not. Other equally loved pets may go without basic care altogether, or even fall victim to what the industry calls “economic euthanasia,” where they are put down because their owners can’t afford their medical bills. (Pet insurance, widely promoted by the industry, is unlikely to help much. Uptake rates are in the low single digits, a result of relatively high costs and often-limited benefits.)[Watch: Volunteer veterinarians in Ukraine]The American Veterinary Medical Association’s tracker shows that vet visits and purchases of heartworm and flea-and-tick medications are down compared with this month last year, even as practice revenues are up, suggesting that some owners are having trouble affording routine, preventative care. The market researcher Packaged Facts found that a full third of pet owners say that they would take their animal to the vet more often if it were less expensive. Shelter Animals Count, an animal-advocacy group, reports that the number of pets surrendered to shelters rose in the past two years. Carol Mithers, the author of the upcoming book Rethinking Rescue, told me that some people give up pets because they believe the shelter system will provide them with necessary medical treatment—something that is, heartbreakingly, not true.The veterinary past is easy to romanticize. The truth is that pets have never received all the needed care, and that wealthy pet owners have always had access to more care. But the emergence of Big Vet and the injection of cutthroat incentives into a traditionally idealistic, local industry threatens to make these problems far worse. It portends a future in which some pet owners get shaken down, their love for their pets exploited financially, while others must forego even basic care for their pets. I don’t think Katie, who loved all animals, would approve. I certainly don’t.
How the Campus Left Broke Higher Education
theatlantic.com
Fifty-six years ago this week, at the height of the Vietnam War, Columbia University students occupied half a dozen campus buildings and made two principal demands of the university: stop funding military research, and cancel plans to build a gym in a nearby Black neighborhood. After a week of futile negotiations, Columbia called in New York City p
How the Campus Left Broke Higher Education
Fifty-six years ago this week, at the height of the Vietnam War, Columbia University students occupied half a dozen campus buildings and made two principal demands of the university: stop funding military research, and cancel plans to build a gym in a nearby Black neighborhood. After a week of futile negotiations, Columbia called in New York City police to clear the occupation.The physical details of that crisis were much rougher than anything happening today. The students barricaded doors and ransacked President Grayson Kirk’s office. “Up against the wall, motherfucker, this is a stick-up,” Mark Rudd, the student leader and future member of the terrorist Weather Underground, wrote in an open letter to Kirk, who resigned a few months later. The cops arrested more than 700 students and injured at least 100, while one of their own was permanently disabled by a student.In other ways, the current crisis brings a strong sense of déjà vu: the chants, the teach-ins, the nonnegotiable demands, the self-conscious building of separate communities, the revolutionary costumes, the embrace of oppressed identities by elite students, the tactic of escalating to incite a reaction that mobilizes a critical mass of students. It’s as if campus-protest politics has been stuck in an era of prolonged stagnation since the late 1960s. Why can’t students imagine doing it some other way?Perhaps because the structure of protest reflects the nature of universities. They make good targets because of their abiding vulnerability: They can’t deal with coercion, including nonviolent disobedience. Either they overreact, giving the protesters a new cause and more allies (this happened in 1968, and again last week at Columbia), or they yield, giving the protesters a victory and inviting the next round of disruption. This is why Columbia’s president, Minouche Shafik, no matter what she does, finds herself hammered from the right by Republican politicians and from the left by her own faculty and students, unable to move without losing more ground. Her detractors know that they have her trapped by their willingness to make coercive demands: Do what we say or else we’ll destroy you and your university. They aren’t interested in a debate.[Michael Powell: The unreality of Columbia’s ‘liberated zone’]A university isn’t a state—it can’t simply impose its rules with force. It’s a special kind of community whose legitimacy depends on mutual recognition in a spirit of reason, openness, and tolerance. At the heart of this spirit is free speech, which means more than just chanting, but free speech can’t thrive in an atmosphere of constant harassment. When one faction or another violates this spirit, the whole university is weakened as if stricken with an illness. The sociologist Daniel Bell, who tried and failed to mediate a peaceful end to the Columbia occupation, wrote afterward: In a community one cannot regain authority simply by asserting it, or by using force to suppress dissidents. Authority in this case is like respect. One can only earn the authority—the loyalty of one’s students—by going in and arguing with them, by engaging in full debate and, when the merits of proposed change are recognized, taking the necessary steps quickly enough to be convincing. The crackdown at Columbia in 1968 was so harsh that a backlash on the part of faculty and the public obliged the university to accept the students’ demands: a loss, then a win. The war in Vietnam ground on for years before it ended and history vindicated the protesters: another loss, another win. But the really important consequence of the 1968 revolt took decades to emerge. We’re seeing it now on Columbia’s quad and the campuses of elite universities around the country. The most lasting victory of the ’68ers was an intellectual one. The idea underlying their protests wasn’t just to stop the war or end injustice in America. Its aim was the university itself—the liberal university of the postwar years, which no longer exists.That university claimed a special role in democratic society. A few weeks after the 1968 takeover, the Columbia historian Richard Hofstadter gave the commencement address to a wounded institution. “A university is a community, but it is a community of a special kind,” Hofstadter said—“a community devoted to inquiry. It exists so that its members may inquire into truths of all sorts. Its presence marks our commitment to the idea that somewhere in society there must be an organization in which anything can be studied or questioned—not merely safe and established things but difficult and inflammatory things, the most troublesome questions of politics and war, of sex and morals, of property and national loyalty.” This mission rendered the community fragile, dependent on the self-restraint of its members.The lofty claims of the liberal university exposed it to charges of all kinds of hypocrisy, not least its entanglement with the American war machine. The Marxist philosopher Herbert Marcuse, who became a guru to the New Left, coined the phrase repressive tolerance for the veil that hid liberal society’s mechanisms of violence and injustice. In this scheme, no institution, including the university, remained neutral, and radical students embraced their status as an oppressed group.[Charles Sykes: The new rules of political journalism]At Stanford (where my father was an administrator in the late ’60s, and where students took over a campus building the week after the Columbia revolt), white students compared themselves to Black American slaves. To them, the university was not a community dedicated to independent inquiry but a nexus of competing interest groups where power, not ideas, ruled. They rejected the very possibility of a disinterested pursuit of truth. In an imaginary dialogue between a student and a professor, a member of the Stanford chapter of Students for a Democratic Society wrote: “Rights and privacy and these kinds of freedom are irrelevant—you old guys got to get it through your heads that to fight the whole corrupt System POWER is the only answer.”A long, intricate, but essentially unbroken line connects that rejection of the liberal university in 1968 to the orthodoxy on elite campuses today. The students of the ’68 revolt became professors–the German activist Rudi Dutschke called this strategy the “long march through the institutions”—bringing their revisionist thinking back to the universities they’d tried to upend. One leader of the Columbia takeover returned to chair the School of the Arts film program. “The ideas of one generation become the instincts of the next,” D. H. Lawrence wrote. Ideas born in the ’60s, subsequently refined and complicated by critical theory, postcolonial studies, and identity politics, are now so pervasive and unquestioned that they’ve become the instincts of students who are occupying their campuses today. Group identity assigns your place in a hierarchy of oppression. Between oppressor and oppressed, no room exists for complexity or ambiguity. Universal values such as free speech and individual equality only privilege the powerful. Words are violence. There’s nothing to debate.The post-liberal university is defined by a combination of moneymaking and activism. Perhaps the biggest difference between 1968 and 2024 is that the ideas of a radical vanguard are now the instincts of entire universities—administrators, faculty, students. They’re enshrined in reading lists and codes of conduct and ubiquitous clichés. Last week an editorial in the Daily Spectator, the Columbia student newspaper, highlighted the irony of a university frantically trying to extricate itself from the implications of its own dogmas: “Why is the same university that capitalizes on the legacy of Edward Said and enshrines The Wretched of the Earth into its Core Curriculum so scared to speak about decolonization in practice?”A Columbia student, writing to one of his professors in a letter that the student shared with me, explained the dynamic so sharply that it’s worth quoting him at length: I think [the protests] do speak to a certain failing on Columbia’s part, but it’s a failing that’s much more widespread and further upstream. That is, I think universities have essentially stopped minding the store, stopped engaging in any kind of debate or even conversation with the ideologies which have slowly crept in to every bit of university life, without enough people of good conscience brave enough to question all the orthodoxies. So if you come to Columbia believing in “decolonization” or what have you, it’s genuinely not clear to me that you will ever have to reflect on this belief. And after all this, one day the university wakes up to these protests, panics under scrutiny, and calls the cops on students who are practicing exactly what they’ve been taught to do from the second they walked through those gates as freshmen. The muscle of independent thinking and open debate, the ability to earn authority that Daniel Bell described as essential to a university’s survival, has long since atrophied. So when, after the October 7 Hamas attack on Israel, Jewish students found themselves subjected to the kind of hostile atmosphere that, if directed at any other minority group, would have brought down high-level rebukes, online cancellations, and maybe administrative punishments, they fell back on the obvious defense available under the new orthodoxy. They said that they felt “unsafe.” They accused pro-Palestinian students of anti-Semitism—sometimes fairly, sometimes not. They asked for protections that other groups already enjoyed. Who could blame them? They were doing what their leaders and teachers had instructed them was the right, the only, way to respond to a hurt.[Adam Serwer: The Republicans who want American carnage]And when the shrewd and unscrupulous Representative Elise Stefanik demanded of the presidents of Harvard and Penn whether calls for genocide violated their universities’ code of conduct, they had no good way to answer. If they said yes, they would have faced the obvious comeback: “Why has no one been punished?” So they said that it depended on the “context,” which was technically correct but sounded so hopelessly legalistic that it led to the loss of their jobs. The response also made nonsense of their careers as censors of unpopular speech. Shafik, of Columbia, having watched her colleagues’ debacle, told the congresswoman what she wanted to hear, then backed it up by calling the cops onto campus—only to find herself denounced on all sides, including by Senator Tom Cotton, who demanded that President Joe Biden deploy the United States military to Columbia, and by her own faculty senate, which threatened a vote of censure.The right always knows how to exploit the excesses of the left. It happened in 1968, when the campus takeovers and the street battles between anti-war activists and cops at the Democratic convention in Chicago helped elect Richard Nixon. Republican politicians are already exploiting the chaos on campuses. This summer, the Democrats will gather again in Chicago, and the activists are promising a big show. Donald Trump will be watching.Elite universities are caught in a trap of their own making, one that has been a long time coming. They’ve trained pro-Palestinian students to believe that, on the oppressor-oppressed axis, Jews are white and therefore dominant, not “marginalized,” while Israel is a settler-colonialist state and therefore illegitimate. They’ve trained pro-Israel students to believe that unwelcome and even offensive speech makes them so unsafe that they should stay away from campus. What the universities haven’t done is train their students to talk with one another.
Writing Is a Blood-and-Guts Business
theatlantic.com
The scrolls lay inside glass cases. On one, the writing was jagged; on others, swirling or steady. I was at the National Palace Museum in Taiwan, admiring centuries-old Chinese calligraphy that, the wall text told me, was meant to contain the life force—qi—of the calligrapher expressed through each brushstroke. Though I couldn’t read the language,
Writing Is a Blood-and-Guts Business
The scrolls lay inside glass cases. On one, the writing was jagged; on others, swirling or steady. I was at the National Palace Museum in Taiwan, admiring centuries-old Chinese calligraphy that, the wall text told me, was meant to contain the life force—qi—of the calligrapher expressed through each brushstroke. Though I couldn’t read the language, I was moved to see the work of writers who lived hundreds of years ago, whose marks still seemed to say something about the creators long after they’d passed.I’m using my fingers to type this now, but every letter is perfectly legible and well spaced. Today, the human body behind the written word is less apparent. When I’m composing an email, Gmail makes suggestions I can deploy in one click: “Awesome!” “Sounds great!” “Yes, I can do that.” Artificial intelligence can produce instantaneous sentences. That a person is responsible for text is no longer a given.Last year, Alex Reisner reported in The Atlantic that more than 191,000 books had been absorbed into a data set called Books3, which was then used to train generative-AI large language models that may someday threaten to take the place of human writers. Among the books in question was my debut novel, Goodbye, Vitamin, which took me five years to complete. My new novel, Real Americans, took even longer: I began working on it in December 2016, and it’s being released at the end of April, seven years and four months later. Those numbers don’t even account for the years of reading, practice, and education (both formal and self-directed) that preceded the writing itself. Now ChatGPT and other LLMs, trained on a wide store of human-generated literature, stand on the cusp of writing novels in no time at all.[Read: What ChatGPT can’t teach my writing students]This seems, initially, discouraging. Here is an entity that can seemingly do what I do, but faster. At present, it “hallucinates” and gets basic facts wrong, but it may soon be able to generate text that can seamlessly imitate people. Unlike me, it won’t need sleep, or bathroom breaks, or patience, or life experience; it won’t get the flu. In fact, AI embodies hypotheticals I can just imagine for myself: If only I could write all day and night. If only I were smarter and more talented. If only I had endless knowledge. If only I could read whole libraries. What could I create if I had no needs? What might this development mean for writing?Considering limitlessness has led me to believe that the impediments of human writers are what lead us to create meaningful art. And they are various: limits of our body, limits of our perspectives, limits of our skills. But the constraints of an artist’s process are, in the language of software, a feature, not a bug.Writing is a blood-and-guts business, literally as well as figuratively. As I type with my hands, my lungs oxygenate the blood that my heart pumps; my brain sends and receives signals. Each of these functions results in the words on this page. In the Middle Ages, monks in the scriptoria wrote: “Two fingers hold the pen, but the whole body toils.” Typing this now, my upper back hurts. I am governed by pesky physical needs: I have to drink water and eat; my mind can’t focus indefinitely. My hands are too cold, and because I haven’t moved it, one foot is going numb. On other occasions, illnesses or injuries have affected my ability to write.The sensitivities of our fragile human bodies require that our labor takes time. Nothing is more discouraging when I am trying to complete a draft. But this exchange—my finite hours for this creative endeavor—imports meaning: It benefits the work, and makes it richer. Over weeks, months, and years, characters emerge and plots take surprising turns. A thought can be considered day after day and deepened.While revising my forthcoming book, one of my thighs erupted into a mysterious rash. Sparing gruesome details, let’s just say it disturbed and distracted me. But it also led me to a realization: I’d been approaching the creation of my novel as though it could be perfectible. In reducing my entire self to my cognition alone, akin to a computer, I’d forgotten the truth that I am inseparable from my imperfect body, with its afflictions and ailments. My books emerge from this body.In his book How to Write One Song, the musician Jeff Tweedy writes: “I aspire to make trees instead of tables.” He was talking about songs, but the concept was revelatory to me as a novelist. Unlike a table, the point of a novel isn’t to be useful or stable or uniform. Instead, it is as singular and particular as its creator, shaped by numerous forces and conditions. In spite of its limits and because of them, a tree is an exuberant organic expression. Though costumed in typeset words, a novel is an exuberant organic expression too.[Read: My books were used to train meta’s generative AI. Good.]AI is creating tables out of our trees. Its infinite iterations are pure veneer: bloodless and gutless, serviceable furniture made of the deforested expanse of human experience. A large language model doesn’t require experience, because it has consumed ours. It appears limitless in its perspective because it writes from an extensive data set of our own. Though writing comes out of these experiences and perspectives, it does not follow that unlimited quantities of each beget maximally substantial work. I believe that the opposite is true.Compared with AI, we might seem like pitiful creatures. Our lives will end; our memory is faulty; we can’t absorb 191,000 books; our frames of reference are circumscribed. One day, I will die. I foreclose on certain opportunities by pursuing others. Typing this now means I cannot fold my laundry or have lunch with a friend. Yet I believe writing is worth doing, and this sacrifice of time makes it consequential. When we write, we are picking and choosing—consciously or otherwise—what is most substantial to us. Behind human writing is a human being calling for attention and saying, Here is what is important to me. I’m able to move through only my one life, from my narrow point of view; this outlook creates and yet constrains my work. Good writing is born of mortality: the limits of our body and perspectives—the limits of our very lives.I can imagine a future in which ChatGPT works more convincingly than it does now. Would I exchange the hours that I spent working on each of my two books for finished documents spat out by ChatGPT? That would have saved me years of attempts and failures. But all of that frustration, difficult as it was in the moment, changed me. It wasn’t a job I clocked in and out of, contained within a tidy sum of hours. I carried the story with me while I showered, drove—even dreamed. My mind was changed by the writing, and the writing changed by my mind.[Read: Prepare for the textpocalypse]Working on a novel, I strain against my limits as a bounded, single body by imagining characters outside of myself. I test the limits of my skill when I wonder, Can I pull this off? And though it feels grandiose to say, writing is an attempt to use my short supply of hours to create a work that outlasts me. These exertions in the face of my constraints strike me as moving, and worthy, and beautiful.Writing itself is a technology, and it will shift with the introduction of new tools, as it always has. I’m not worried that AI novelists will replace human novelists. But I am afraid that we’ll lose sight of what makes human writing worthwhile: its efforts, its inquiries, its bids for connection—all bounded and shaped by its imperfections—and its attempts to say, This is what it’s like for me. Is it like this for you? If we forget what makes our human work valuable, we might forget what makes our human lives valuable too. Novels are one of the best means we have for really seeing one another, because behind each effort is a mortal person, expressing and transmuting their realities to the best of their ability. Reading and writing are vital means by which we bridge our separate consciousnesses. In understanding these limits, we can understand one another’s lives. At least, we can try.
How Bird Flu Is Shaping People’s Lives
theatlantic.com
This is an edition of The Atlantic Daily, a newsletter that guides you through the biggest stories of the day, helps you discover new ideas, and recommends the best in culture. Sign up for it here.For the past couple of years, scientists have watched with growing concern as a massive outbreak of avian flu, also known as H5N1 bird flu, has swept thr
How Bird Flu Is Shaping People’s Lives
This is an edition of The Atlantic Daily, a newsletter that guides you through the biggest stories of the day, helps you discover new ideas, and recommends the best in culture. Sign up for it here.For the past couple of years, scientists have watched with growing concern as a massive outbreak of avian flu, also known as H5N1 bird flu, has swept through bird populations. Recently in the U.S., a farm worker and some cattle herds have been infected. I spoke with my colleague Katherine J. Wu, who covered the virus’s spread in North America, about the risk of human infection and how, for animals, this has already been “a pandemic many times over.”First, here are three new stories from The Atlantic: Welcome to the TikTok meltdown. The Republicans who want American carnage Columbia has resorted to pedagogy theater. Not a Five-Alarm FireLora Kelley: How does this bird-flu outbreak compare with previous ones?Katherine J. Wu: When we’re considering the toll on nonhuman animals, this is the largest, most deadly H5N1 outbreak that has been recorded in North America. It has been unfolding slowly for about two and a half years now, but it’s become a gargantuan wave at this point.Lora: Wow—how alarmed are you by that?Katherine: I’m medium concerned—and I have been medium concerned for a couple of years now. It’s difficult to gauge the amount of alarm to feel, because it’s so unprecedented. Still, most H5N1 outbreaks in the past have totally fizzled without much consequence, especially in this part of the world.I am worried because so many species have been getting sick. A huge number of wild birds have been infected, including species that haven’t been affected in the past. And we’ve seen these massive outbreaks in domesticated chickens, which are packed together in farms.Avian flu is known to be a bird problem. Beyond that, we’ve been seeing these outbreaks in mammals for a couple of years now, which is more concerning because, of course, we are also mammals. Humans seem to be potentially susceptible to infection, but at the same time, it would take quite a lot for this to become another big human-flu pandemic.Lora: Should we be concerned about getting sick?Katherine: People should be vigilant and paying attention to the news. But right now, as you and I are talking, there is still not a huge risk to people. You don’t get a pandemic unless you have a pathogen that spreads very, very easily among people, and there’s no evidence so far that this virus has mutated to that point.There have been some human cases globally so far, but it’s a very small number. They seem to have been cases where someone was highly exposed to the virus in domesticated animals. People got sick, but they didn’t pass it to someone else.I’m definitely not saying that person-to-person transmission can’t happen eventually, but there’s a pretty big chasm between someone getting infected and someone being able to efficiently pass the virus on. It is concerning that we continue to see more mammal species affected by H5N1, including species that have a lot of close contact with humans. But this is not a five-alarm fire so far.Lora: How will people’s lives be affected?Katherine: The virus has already affected our lives. Egg prices went completely bonkers in 2022 and early 2023, and over the course of this outbreak, more than 90 million domestic poultry have died. It’s not that all of those birds got sick—when this virus breaks out on chicken farms, it’s generally considered good practice to cull the chickens to halt the spread. Still, when you have that many chickens dying, egg prices are going to go up.We’re probably not on track to see that with cows anytime soon. Even though this virus has now been detected in dairy cows, they aren’t getting wildly sick, and transmission doesn’t seem as efficient. I don’t think we’re going to be in a situation where we’re killing all of our dairy cows and no one can get milk.Lora: The FDA announced yesterday that genetic evidence of this bird-flu virus had been found in samples of pasteurized milk. Is it still safe to drink milk?Katherine: So far, the answer is: generally, yes, if it’s been pasteurized. Pasteurization is a process by which milk is treated with heat so that it will kill a whole bunch of pathogens, including bacteria and viruses, and H5N1 is thought to be vulnerable to this. Also, researchers have been working to test cows so they can figure out which ones are sick. Only milk from healthy cows is authorized to enter the general food supply, though the trick will be finding all the cows that are actually infected. For now, the main ways that this virus will affect us will be indirect.Lora: Is there anything that can be done to curb the spread among wild animals?Katherine: For the animal world, this has already been a “pandemic” many times over. It has been truly devastating in that respect. So many wild birds, sea lions, seals, and other creatures have died, and it’s difficult to see how people can effectively intervene out in nature. There have been very few cases in which endangered animals have received vaccines because there’s a real possibility that their populations could be 100 percent wiped out by this virus.For most other animals in the wild, there’s not a lot that can be done, except for people to pay attention to where the virus is spreading. The hope is that most animal populations will be resilient enough to get through this and develop some form of immunity.Lora: Responses to COVID became very politicized. How might the aftermath of those mitigation measures shape how people respond to this virus, especially if it becomes a greater threat to humans?Katherine: We’re so fresh off the worst days of COVID that if people were asked to buckle down or get a new vaccine, I suspect that a lot of them would be like, Not again. There is still a lot of mitigation fatigue, and many people are sick of thinking about respiratory viruses and taking measures to prevent outbreaks. And, certainly, people have lost a lot of trust in public health over the past four years.That said, H5N1 is still a flu, and people are familiar with that type of virus. We have a long history of using flu vaccines, and the government has experience making a pandemic vaccine, keeping that stockpile, and getting it out to the public. That gives me hope that at least some people will be amenable to taking the necessary preventative measures, so any potential bird-flu outbreak among humans would not turn into COVID 2.0.Related: Bird flu leaves the world with an existential choice. Bird flu has never done this before. Today’s News President Joe Biden signed into law a bipartisan foreign-aid package that includes aid for Ukraine, Israel, and U.S. allies in the Indo-Pacific, and a measure that forces TikTok’s parent company to sell the social-media app or face an outright ban. The U.S. Supreme Court seems divided over whether a federal law can require hospitals to provide access to emergency abortions and override state-level abortion bans. George Santos, the embattled former New York representative facing multiple charges of fraud, ended his independent bid for a U.S. House seat on Long Island. Dispatches The Weekly Planet: Tesla is not the next Ford, Matteo Wong writes. It’s the next Con Ed. Explore all of our newsletters here.Evening Read Illustration by Matteo Giuseppe Pani Why Did Cars Get So Expensive?By Annie Lowrey Inflation, finally, has cooled off. Prices have increased 2.5 percent over the past year, down from increases as high as 7 percent during the early pandemic. Rents are high but stabilizing. The cost of groceries is ticking up, not surging, and some goods, such as eggs, are actually getting cheaper. But American consumers are still stretching to afford one big-ticket item: their cars. The painful cost of vehicle ownership doesn’t just reflect strong demand driven by low unemployment, pandemic-related supply-chain weirdness, and high interest rates. It reflects how awful cars are for American households and American society as a whole. Read the full article.More From The Atlantic A Democrat’s case for saving Mike Johnson How baseball explains the limits of AI Culture Break Illustration by Ben Kothe / The Atlantic. Source: Ashok Kumar / Getty. Listen. Taylor Swift’s music often returns to the same motifs: pathetic fallacy, the passing of time, the mythology of love. Her latest album shows how these themes have calcified in her work, Sophie Gilbert writes.Look. Take a photo tour of several of Chile’s national parks, which protect many endangered species, wild landscapes, and natural wonders.Play our daily crossword.Stephanie Bai contributed to this newsletter.When you buy a book using a link in this newsletter, we receive a commission. Thank you for supporting The Atlantic.
Welcome to the TikTok Meltdown
theatlantic.com
So: You’ve decided to force a multibillion-dollar technology company with ties to China to divest from its powerful social-video app. Congratulations! Here’s what’s next: *awful gurgling noises*Yesterday evening, the Senate passed a bill—appended to a $95 billion foreign-aid package—that would compel ByteDance, TikTok’s parent company, to sell the
Welcome to the TikTok Meltdown
So: You’ve decided to force a multibillion-dollar technology company with ties to China to divest from its powerful social-video app. Congratulations! Here’s what’s next: *awful gurgling noises*Yesterday evening, the Senate passed a bill—appended to a $95 billion foreign-aid package—that would compel ByteDance, TikTok’s parent company, to sell the app within about nine months or face a ban in the United States. President Joe Biden signed the bill this morning, initiating what is likely to be a rushed, chaotic, technologically and logistically complex legal process that is likely to please almost no one.The government’s case against TikTok is vague. Broadly speaking, the concern from lawmakers —offered without definitive proof of any actual malfeasance—is that the Chinese government can use TikTok, an extremely popular broadcast and consumption platform for millions of Americans, to quietly and algorithmically promote propaganda, potentially meddling in our nation’s politics. According to the U.S. State Department, the Chinese government is set on using its influence to “reshape the global information environment” and has long manipulated information, intimidated critics, and used state-run media to try to bolster the Communist Party of China’s reputation abroad. Lawmakers have also cited privacy concerns, suggesting that TikTok could turn American user data over to the CPC—again without definitive proof that this has ever occurred.This week, Senator Mark Warner told reporters that, although many young Americans are skeptical of the case against the app, “at the end of the day, they’ve not seen what Congress has seen.” But until the American public is let in on the supposed revelations included in these classified briefings, the case against TikTok will feel like it is based on little more than the vague idea that China shouldn’t own any information distribution tool that Americans use regularly. Some of the evidence may also be of dubious provenance—as Wired reported recently, a TikTok whistleblower who claims to have spoken with numerous politicians about a potential ban may have overstated his role at the company and offered numerous improbable claims about its inner workings.TikTok, for its part, has argued that it has made good-faith efforts to comply with U.S. law. In 2022, it spent $1.5 billion on data-security initiatives, including partnering with Oracle to move American user data Stateside. Under the partnership, Oracle is in charge of auditing TikTok data for compliance. But, as Forbes reported last year, some user data from American TikTok creators and businesses, including Social Security numbers, appear to have been stored on Chinese servers. Such reports are legitimately alarming but with further context might also be moot; although the ability to do so has recently been limited, for a long time, China (or anyone else for that matter) could purchase such personal information from data brokers. (In fact, China has reportedly accessed such data in the past—from American-owned companies such as Twitter and Facebook.)[Read: It’s just an app]The nuances of the government’s concerns matter, because TikTok is probably going to challenge this law based on the notion that forcing a sale or banning the app is a violation of the company’s First Amendment rights. The government will likely argue that, under Chinese ownership, the app presents a clear and present national-security threat, and hope that the phrase acts as a cheat code to compel the courts without further evidence.Nobody knows what is going to happen, and part of the reason is that the entire process has been rushed, passed under the cover of a separate and far more pressing bill that includes humanitarian aid to Gaza, weapons aid for Israel, and money to assist the Ukrainian war effort. This tactic is common among legislators, but in this case, the TikTok bill’s hurried passage masks any attempts to game out the logistics of a TikTok ban or divestiture.Setting aside the possibility that the courts declare the law unconstitutional, here are just a few of the glaring logistical issues facing the legislation: First, recommendation algorithms—in TikTok’s case, the code that determines what individual users see on the app and the boogeyman at the center of this particular congressional moral panic—are part of China’s export-control list. The country must approve the sale of that technology, and, as one expert told NPR recently, the Chinese government has said unequivocally that it will not do so. TikTok’s potential buyer may, in essence, be purchasing a brand, a user base, and a user interface, without its most precious proprietary ingredient.This might make for a tough sell, which raises the second issue: Who is going to buy TikTok? At the heart of the government’s case against the app lies a contradiction. The logic is that TikTok is the beating heart of a social-media industrial complex that mines our data and uses them to manipulate our behavior, and, as such, it is very bad for an authoritarian country to have access to these tools. Left unsaid, though, is why, if the government believes this is true, should anyone have access to these tools? If we’re to grant the lawmakers’ claim that TikTok is a powerful enough tool to influence the outcomes of American elections, surely the process of choosing a buyer would have to be rigorous and complicated. One analysis of TikTok’s U.S. market values the app at $100 billion—a sum that rather quickly narrows down the field of buyers.Tech giants such as Meta and Microsoft come to mind, which, if approved, would amount to a massive consolidation in the social-media space, giving these companies greater control over how Americans distribute and consume information (a responsibility that Meta, at least, would rather not deal with, especially when it comes to political news; it has overtly deprioritized the sharing of news in Threads, its X competitor). Bids from Oracle and Walmart have been floated in the past, both of which would amount to selling a ton of user data to already powerful companies. That leaves private-equity funds and pooled purchases from interested American investors, such as Steve Mnuchin (who, as Treasury secretary during the Trump administration, was vocally in favor of a TikTok ban) and a handful of billionaires.[Read: The moneyball theory of presidential social media]But as we’ve seen from Elon Musk’s purchase of Twitter, putting the fate of a social-media platform into the hands of a few highly motivated individuals can quickly turn into a nightmare. A Muskian ideological purchase would mean a set of owners manipulating the app as part of an extended political project, perhaps even one that works against the interests of the United States—almost exactly what lawmakers fear China might be doing. There is, too, the ironic possibility that any outside investors with enough money to purchase the app might themselves have ties to China, as Musk himself does through Tesla. In this scenario, a sale might end up merely providing the CPC with a helpful veneer of plausible deniability.There is also the Trump factor. The law gives the sitting president broad authority to judge a worthy buyer, and it gives ByteDance 270 days to find a suitor—a period that the president can extend by 90 days. Close observers might note that there are 194 days until the next election and some 270 days until the next president is sworn into office. It stands to reason that Biden’s qualified buyer might be different from one selected by Donald Trump, who has his own media conglomerate and social app, Truth Social, and is famous for self-dealing.Trump, for his part, has reversed his opinion on TikTok’s sale (he had previously been in favor but now opposes it), reportedly after pressure from one of his China-friendly mega donors. If elected, Trump could plausibly attempt a reversal of policy or simply turn around and approve the sale of TikTok to a group with close ties to China. Or, of course, the courts could strike all of this down. Regardless of who is president at the time, this is a lot of authority to grant to one partisan authority. You can play this 37-dimensional game of mergers-and-acquisitions chess all day long, but, ultimately, nobody knows what’s going on. It’s chaos!Process matters. If you’re of the mind that TikTok is a pressing national-security threat, you’d be well within your rights to be frustrated by the way this bill has been shoehorned into law. It happened so quickly that the government might not be able to adequately prove its national-security case and might miss this opportunity. And if you, like me, believe that TikTok is bad in the ways all algorithmic social media is bad, but not uniquely bad—that is, if you believe that the harms presented by social media are complex and cannot be reduced to an Axis of Evil designation—you might very well be furious that the first major legislation against a Big Tech company is, at this point, little more than vibes-based fearmongering. The case for TikTok is debatable, but the path the government has taken to determine its fate is unquestionably sloppy and shortsighted.
Chile’s Amazing National Parks
theatlantic.com
Across the length of Chile, stretching 2,650 miles (4,265 kilometers) from north to south, more than 40 national parks have been established in the past century, protecting many endangered species, wild landscapes, and natural wonders. Collected below are images of several of these parks, from Lauca National Park in the altiplano of Chile’s far nor
Chile’s Amazing National Parks
Across the length of Chile, stretching 2,650 miles (4,265 kilometers) from north to south, more than 40 national parks have been established in the past century, protecting many endangered species, wild landscapes, and natural wonders. Collected below are images of several of these parks, from Lauca National Park in the altiplano of Chile’s far north, to the dramatic mountains of Torres del Paine National Park in the southern Patagonia region.