Below is an excerpt from the opinion of Judge Lawrence VanDyk in a recent decision of the 9th Circuit of Appeals against a rehearing of the case. Regrettably, it is a dissenting option.
The estimable website proprietor Peter St Onge Ph.D, has written a better introduction to the opening of the dissent than this blogger can.
I don’t feel like going back and re-reading Gorsuch’s opinion in Bostock, but when I did read it I remember marveling at how Gorsuch was so caught up in his legal philosophy that he didn’t even address the fact that he was forcing a funeral home director in this conservative town to have his male employee meet with the bereaved dressed in drag.
I don’t think Judge VanDyke would have overlooked that. If I were the president, I would regard this as a promising first audition for SCOTUS:
Opening of dissenting opinion by Judge VanDyke in Olympus Spa v. Armstrong
Warning: vulgar language alert
With thanks to William J. Tighe
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Father Rutler sent the link below, with an accompanying note, which follows:
Muslims will not like this. They would have preferred the good old days with von Karajan conducting the Horst-Wessel Lied.
This link is to an item on Norman Lebrecht’s splendid website, Slipped Disc with news that the Munich Philharmonic has just announced the appointment of Trombonist Elai Grisaru Drori from Petah Tikvah, Israel.
Not that it will calm Middle East Muslims’s ever-raging against Israel and Jews, but the Munich Philharmonic, like so many German orchestras, is still atoning for its sins of 80 years ago, particularly its choice of conductors. There are two, Siegmund von Hausegger and, a real prize, Oswald Kabasta, an active Nazi supporter, who, like von Karajan, led many spirited performances of the Horst-WesselLied and signed all his letters, “Heil Hitler!” Kabasta’s stock declined shaply after the Allies’s victory and he committed suicide soon after.
So it is safe to assume the Munich Philharmonic and all German orchestras will continue their policy of hiring Israelis and Jews from everywhere else, however it distresses the Muslims.
Oswald Kabasta & the Vienna Symphony Orchestra attheVatican
In a posting yesterday I wondered if a Detroit Democratic party official who quit her position, and the party itself, because of its anti-Christian positions, marked the beginning of a mass exodus from the party. While there is no solid evidence of an exodus yet, there is ample evidence of party members running scared.
The Patriot Journal has pointed out a trend among Democrats running for office; they are running as independents so to disguise their affiliation with the party of the radical left. An example is provided.
A candidate named Seth Bodnar, the former president of the University of Montana, is running for the Senate as an “independent.” He claims his campaign represents “all Montanans” and that he’s building a coalition of “independents, of Republicans . . . “
Who, exactly, is he trying to kid? Let’s follow the money—or in this case, the staff. It turns out Bodnar’s campaign is run by staffers for former Democratic Senator Jon Tester. This isn’t an independent movement; it’s a rebranding of the same old liberal machine. They are putting a fresh coat of paint on a rotten structure, hoping voters will be fooled.
Apparently, this is a ploy catching on with Democratic candidates. It’s a ploy however that cannot last long. When every Democratic candidate and his cousin starts using this trick, the voters will catch on and and not only will that ruse lose effectiveness, those employing it will be exposed as the cynical liars they are, thus at an even greater disadvantage than before. They will be looked upon as losers, which is precisely what they are.
The Boston Symphony Orchestra has declined to renew conductor Andris Nelsons’s contract. The orchestra management offered the following explanation why. (Readers are invited to decipher.)
[T]he decision to not renew his contract was made by the BSO’s board of trustees because, beyond our shared desire to ensure our orchestra continues to perform at the highest levels, the BSO and Andris Nelsons were not aligned on future vision.”
However one deciphers the gobbledygook above, management made serious a mistake. The BSO, despite being a world-class orchestra, has been sloppily managed for some time now, and this is not management’s first poor decision. In this case, the biggest error in firing Nelsons was not only his his popularity with the musicians, management apparently didn’t even consult with them before announcing its decision.
Having been in and out of the music scene most my life, I can testify musicians can be compared with actors in their temperament. The BSO management, by not consulting the raison d’etre for their jobs, could well regret this heavy-handed move.
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The late George Szell, one of the greatest conductors of the 20th century, and the man who made the Cleveland Orchestra what it is today, could be described as a tyrant, were it not for his charges who adored and respected him. Because of that, one visiting conductor described his experience when first standing before them as “not facing the orchestra, rather as being stared at by a hundred little Szells,” and Szell of course was never fired. Nelsons’s replacement may not face as chilly a reception by the BSO players, but a good chance of skepticism by them to make him uncomfortable. He will have to work hard to earn their acceptance and respect.
George Szell
Note: The Taos Tatler will be writing in the first person here on in, beginning with this post. The third person is simply too awkward for me.
Addendum
Lorna McGhee, Principal Flute of the BSO, addresses the BSO board in her blog, from Norman Lebrecht’ s Slipped Disc.
[T]here has been no communication. And what could possibly be bettered? As far as I am concerned, the decision not to renew Andris’ tenure is a form of artistic suicide. It represents the greatest squandering of artistic capital I have ever witnessed. I believe we are making a terrible mistake.The seismic magnitude of the Board’s decision is not to renew Andris’ contract is to my mind, akin to firing Karajan from the Berlin Philharmonic. That is the scale!
Michigan State Representative Karen Whitsett announced she will not seek re-election and will not run for public office again, saying the decision is faith-based and rooted in her commitment to Jesus Christ and the authority of Scripture.
Whitsett said on Monday (March 2) she will remain civically engaged and will support leaders across party lines who, she said, are committed to improving lives and strengthening families based on God’s Word.
Whether this is the beginning of a mass exodus from the party of immorality and death is difficult to say, but it is also difficult to understand why so many Americans in the party stay in it, given that only a small number of them agree with its radical left platform.
Regardless, congratulations are owed to Karen Whitsett for taking the big step dissociating herself from the Democrats, especially as she was a party official herself. She may pay a price at first, but it will be miniscule compared with her clear conscience and ease of mind.
The Explorer is built at Ford’s Chicago Assembly Plant, which is the only automobile factory located within the city’s limits. Mr. Farley, who personally paid for the vehicle, pulled a few strings to have a unique version designed for His Holiness.
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[It] is equipped with a 318-horsepower hybrid powertrain that is not available to retail customers. Ford only sells hybrid Explorers to law enforcement and government fleets . . .
That seems appropriate. As pope, His Holiness is the supreme pastor and responsible for defining, upholding and safeguarding doctrine on faith and morals, as well as its enforcement (emphasis added).
According to AutoBlog,
“I can confirm the Holy Father enjoys driving a sporty ride,” Ford’s CEO remarked. Hooked to a 10-speed automatic transmission, the hybrid powertrain delivers a healthy 318 hp and 322 lb-ft of torque, enabling a 136-mph top speed.
AutoBlog also reports the pope and Mr Farley took a spin around the Vatican, with the pope driving his new wheels, and he professed his delight with them.
This blogger generally disapproves of attempts to “humanize” those in authority, but imagining our pope driving a supercharged Ford around Vatican City is genuinely appealing.
(Note: the blog entry below is copied, slightly edited, from an earlier post by your Tatler on a spirited email debate among distinguished commentatorson the merits of the Iran war.
Unless the present leadership of Iran is put out commission for good, they will be an ever-present danger to the world. They despise all nations where non-Islamic religions are practiced. Given the means, they would impose Islam on every one of us. Those who refuse to comply would be destroyed. This regime also brutalizes its own people. The regime must be destroyed Surrender or death should be the only options.
If ever there ever was an anticipatory war, this is.
Recently, your Tatler saw a headline to an article announcing, “The war in the Middle East drags on.” That came somewhat as a surprise, since the war hadn’t seemed that prolonged to this blogger. Study, however showed that definitions of words and phrases as we know them are changing, the result, apparently, of Donald Trump occupying the Oval Office. To his opponents, mostly Democrats and all the left, the war commencing only a week ago is now said to “drag on.” In other words, a Donald Trump war exists in a different dimension of time, where a week may be years to them. No doubt other words and expressions as we understand them, will undergo transformations to fit the left’s needs.
Alas, your Tatler, as he continues to age, will no doubt find it increasingly difficult to adapt to the redefinitions to come, making him appear the fool to some. He can live with it, though.
THE TAOS TATLER. 