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The Tyranny of Merit is Sandel’s response to Brexit and the election of Donald Trump

By championing an “age of merit” as the solution to the challenges of globalisation, inequality and deindustrialisation, the Democratic party and its European equivalents, Sandel argues, hung the western working-class and its values out to dry – with disastrous consequences for the common good.

Sandel charts the rise of what he sees as a corrosive leftwing individualism: “The solution to problems of globalisation and inequality – and we heard this on both sides of the Atlantic – was that those who work hard and play by the rules should be able to rise as far as their effort and talents will take them

It became an article of faith, a seemingly uncontroversial trope

We will make a truly level playing field, it was said by the centre-left, so that everyone has an equal chance. And if we do, and so far as we do, then those who rise by dint of effort, talent, hard work will deserve their place, will have earned it.”

The recommended way to “rise” has been to get a higher education. Or, as the Blair mantra had it: “Education, education, education.

For those willing to make the requisite effort, there was the promise that: “This country will always be a place where you can make it if you try.”

First, and most obvious, the fabled “level playing field” remains a chimera. Although he says more and more of his own Harvard students are now convinced that their success is a result of their own effort, two-thirds of them come from the top fifth of the income scale.

social mobility has been stalled for decades. “Americans born to poor parents tend to stay poor as adults.”

Even a perfect meritocracy, he says, would be a bad thing. “The book tries to show that there is a dark side, a demoralising side to that,” he says. “The implication is that those who do not rise will have no one to blame but themselves.

Centre-left elites abandoned old class loyalties and took on a new role as moralising life-coaches, dedicated to helping working-class individuals shape up to a world in which they were on their own.

“On globalisation,” says Sandel, “these parties said the choice was no longer between left and right, but between ‘open’ and ‘closed’. Open meant free flow of capital, goods and people across borders.” Not only was this state of affairs seen as irreversible, it was also presented as laudable. “To object in any way to that was to be closed-minded, prejudiced and hostile to cosmopolitan identities.”

A relentless success ethic permeated the culture: “Those at the top deserved their place but so too did those who were left behind. They hadn’t striven as effectively.

As centre-left parties and their representatives became more and more middle-class, the focus on upward mobility intensified. “They became reliant on the professional classes as their constituency, and in the US as a source of campaign finance.

Blue-collar workers were in effect given a double-edged invitation to “better” themselves or carry the burden of their own failure

Many took their votes elsewhere, nursing a sense of betrayal. “The populist backlash of recent years has been a revolt against the tyranny of merit, as it has been experienced by those who feel humiliated by meritocracy and by this entire political project.”

Does he empathise, then, with Trumpism?

my book conveys a sympathetic understanding of the people who voted for him. For all the thousands and thousands of lies Trump tells, the one authentic thing about him is his deep sense of insecurity and resentment against elites

Am I tough on the Democrats? Yes, because it was their uncritical embrace of market assumptions and meritocracy that prepared the way for Trump.

the Democratic party will not succeed unless it redefines its mission to be more attentive to legitimate grievances and resentment, to which progressive politics contributed during the era of globalisation.”

The only way out of the crisis, Sandel believes, is to dismantle the meritocratic assumptions that have morally rubber-stamped a society of winners and losers

“This is a moment to begin a debate about the dignity of work; about the rewards of work both in terms of pay but also in terms of esteem.

There must be a radical re-evaluation of how contributions to the common good are judged and rewarded.

The money to be earned in the City or on Wall Street, for example, is out of all proportion with the contribution of speculative finance to the real economy. A financial transactions tax would allow funds to be channelled more equably.

the word “honour” is as important as the question of pay. There needs to be a redistribution of esteem as well as money, and more of it needs to go to the millions doing work that does not require a college degree.

“We need to rethink the role of universities as arbiters of opportunity,” he says, “which is something we have come to take for granted. Credentialism has become the last acceptable prejudice

Greater investment is important not only to support the ability of people without an advanced degree to make a living. The public recognition it conveys can help shift attitudes towards a better appreciation of the contribution to the common good made by people who haven’t been to university.”

A new respect and status for the non-credentialed, he says, should be accompanied by a belated humility on the part of the winners in the supposedly meritocratic race

To those who, like many of his Harvard students, believe that they are simply the deserving recipients of their own success, Sandel offers the wisdom of Ecclesiastes: “I returned, and saw under the sun, that the race is not to the swift

“Humility is a civic virtue essential to this moment,” he says, “because it’s a necessary antidote to the meritocratic hubris that has driven us apart.”

The Tyranny of Merit is the latest salvo in Sandel’s lifelong intellectual struggle against a creeping individualism that, since the Reagan and Thatcher era, has become pervasive in western democracies

“To regard oneself as self-made and self-sufficient. This picture of the self exerts a powerful attraction because it seems on the face of it to be empowering – we can make it on our own, we can make it if we try.

It’s a certain picture of freedom but it’s flawed. It leads to a competitive market meritocracy that deepens divides and corrodes solidarity.”

Sandel draws on a vocabulary that challenges liberal notions of autonomy in a way that has been unfashionable for decades. Words such as “dependency”, “indebtedness”, “mystery”, “humility” and “luck” recur in his book.

vulnerability and mutual recognition can become the basis of a renewed sense of belonging and community. It is a vision of society that is the very opposite of what came to be known as Thatcherism, with its emphasis on self-reliance as a principal virtue.

There are, he believes, optimistic sign

“The Black Lives Matter movement has given moral energy to progressive politics. It has become a multiracial, multigenerational movement and is opening up space for a public reckoning with injustice. It shows that the remedy for inequality is not simply to remove barriers to meritocratic achievement.”

“The moral of Henry Aaron’s story is not that we should love meritocracy but that we should despise a system of racial injustice that can only be escaped by hitting home runs.”

“Tawney argued that equality of opportunity was at best a partial ideal. His alternative was not an oppressive equality of results. It was a broad, democratic ‘equality of condition’ that enables citizens of all walks of life to hold their heads up high and to consider themselves participants in a common venture.

there is no debate. There’s a trade-off. But once you make identity a core qualification, you’re opening up a whole world of racist anti-racism.

Most Americans believe in individual merit, and advancement regardless of identity. Harvard and our new elite believe that our society is so structured as an enduring “white supremacy” that merit can only be considered after you have accounted for the effects of “intersectional oppression.”

each moment of truth puts a crack in the stifling, authoritarian edifice of DEI. We can bring this corruption to light. We can hold them to account. I’m certainly more hopeful about the future of liberal society now than I was a month ago.

the only way to cover it all up, of course, is to abolish testing students entirely (which is what so many elite colleges and universities are now doing) or to give all students an A or an A-, making any distinctions of excellence irrelevant.

When push comes to shove, when there is a finite number of places available, you’re in a zero-sum predicament. You have to pick between a smarter student of the wrong race and a weaker student of the right race. In the end at Harvard, being in the right race — not merit — determines your chances.

The more people see this for the systemic racism it is, the sooner we can throw this neo-Marxist cuckoo out of the liberal nest, and return to the airing of all ideas, regardless of the subject matter or the identity of the students

That’s how you can claim, as Gay does, that “diversity” and “excellence” go hand in hand, when obviously, at some point they can and do conflict.

The response to all this from the CRT crowd has been to insist — ever more strongly — that Gay is simply and only a victim of racism, or, in woke terminology, a victim of misogynoir. The fact that a white female university president at those same hearings lost her job before Gay did — and without any plagiarism questions — doesn’t count.

In the Congressional hearings, moreover, she showed little gravitas, grace, or ability to think on her feet. She has largely hidden from public view since the plagiarism revelations — not a good instinct for a leader of a huge, public-facing institution like Harvard. She is, quite obviously, a run-of-the-mill woke academic, who was promoted at breakneck speed because of her race and sex, and found herself quickly out of her depth.

When you look instead at what she has done as an administrator, which is where she has been focused more recently, you see it has almost all been about hiring on the basis of sex and race, persecuting heretical members of racial minorities, and removing paintings of dead white dudes. She is, at least, consistent.

And let’s be honest: we can all see with our own eyes that subordinating merit to race and sex is how Gay got her position. Her work, beyond the sloppy dime-store plagiarism, would be underwhelming for an average member of any faculty in the country. But for a Harvard president, it’s astonishingly mid

A simplistic answer would be that such pressure does not conflict with free speech because the First Amendment applies only to government censorship, not to restrictions imposed by individuals.

Many of the reasons why Americans object to official censorship also apply to the suppression of speech by private means. If we conceive of free speech as promoting the search for truth—as the metaphor of “the marketplace of ideas” suggests—we should be troubled whether that search is hindered by public officials or private citizens.

If the point of free speech is to facilitate the open debate that is essential for self-rule, any measure that impairs that debate should give us pause, regardless of its source.

But although social restraints on speech raise many of the same concerns as government censorship, they differ in important ways.

First, much of the social pressure that critics complain about is itself speech.

When activists denounce Yiannopoulos as a racist or Murray as a white nationalist, they are exercising their own right to free expression. Likewise when students hold protests or marches, launch social media campaigns, circulate petitions, boycott lectures, demand the resignation of professors and administrators, or object to the invitation of controversial speakers. Even heckling

one of the central tenets of modern First Amendment law is that the government cannot suppress speech if those harms can be thwarted by alternative means. And the alternative that judges and scholars invoke most frequently is the mechanism of counter-speech.

Put bluntly, the implicit goal of all argument is, ultimately, to quash the opposing view.

Counter-speech can take many forms. It can be an assertion of fact designed to rebut a speaker’s claim. It can be an expression of opinion that the speaker’s view is misguided, ignorant, offensive, or insulting. It can even be an accusation that the speaker is racist or sexist, or that the speaker’s expression constitutes an act of harassment, discrimination, or aggression.

In other words, much of the social pushback that critics complain about on campus and in public life—indeed, the entire phenomenon of political correctness—can plausibly be described as counter-speech.

It’s worth asking, though, why expression that shames or demonizes a speaker is not a legitimate form of counter-speech.

To argue that a speaker’s position is racist or sexist is to say something about the merits of her position, given that most people think racism and sexism are bad. Even arguing that the speaker herself is racist goes to the merits, since it gives the public context for judging her motives and the consequences of her position.  

Besides, what principle of free speech limits discussion to the merits? Political discourse often strays from the merits of issues to personal or tangential matters. But the courts have never suggested that such discourse is outside the realm of free speech.

Cohen v. California, “We cannot sanction the view that the Constitution, while solicitous of the cognitive content of individual speech, has little or no regard for that emotive function which, practically speaking, may often be the more important element of the overall message sought to be communicated.”

Are these forms of social pressure inconsistent with the values of free speech?  That is a more complicated question than many observers seem willing to acknowledge.

The problem with this argument is that all counter-speech has a potential chilling effect. Any time people refute an assertion of fact by pointing to evidence that contradicts it, speakers may be hesitant to repeat that assertion.

Fine, the critics might say. But much of the social pressure on campus does not just demonize; it is designed to, and often does, chill unpopular speech.

This highlights a paradox of free speech, and of our relationship to it. On the one hand, Americans are encouraged to be tolerant of opposing ideas in the belief that “the best test of truth is the power of the thought to get itself accepted in the competition of the market

On the other hand, unlike the government, Americans are not expected to remain neutral observers of that market. Instead, we are participants in it; the market works only if we take that participation seriously, if we exercise our own right of expression to combat ideas we disagree with, to refute false claims, to discredit dangerous beliefs

This does not mean we are required to be vicious or uncivil. But viciousness and incivility are legitimate features of America’s free speech tradition

This, one suspects, is what bothers many critics of political correctness: the fact that so much of the social pressure and pushback takes on a nasty, vindictive tone that is painful to observe. But free speech often is painful.

Many critics, particularly on the left, seem to forget this. Although they claim to be promoting an expansive view of free speech, they are doing something quite different. They are promoting a vision of liberalism, of respect, courtesy, and broadmindedness

That is a worthy vision to promote, but it should not be confused with the dictates of free speech, which allows for a messier, more ill-mannered form of public discourse. Free speech is not the same as liberalism. Equating the two reflects a narrow, rather than expansive, view of the former.

Does this mean any form of social pressure targeted at speakers is acceptable? Not at all. One of the reasons government censorship is prohibited is that the coercive power of the state is nearly impossible to resist

Social pressure that crosses the line from persuasion to coercion is also inconsistent with the values of free speech.

This explains why violence and threats of violence are not legitimate mechanisms for countering ideas one disagrees with. Physical assault—in addition to not traditionally being regarded as a form of expression —too closely resembles the use of force by the government.

What about other forms of social pressure? If Americans are concerned about the risk of coercion, the question is whether the pressures are such that it is reasonable to expect speakers to endure them. Framed this way, we should accept the legitimacy of insults, shaming, demonizing, and even social ostracism, since it is not unreasonable for speakers to bear these consequences.

a system that relies on counter-speech as the primary alternative to government censorship should not unduly restrict the forms counter-speech can take.

Heckling raises trickier questions. Occasional boos or interruptions are acceptable since they don’t prevent speakers from communicating their ideas. But heckling that is so loud and continuous a speaker literally cannot be heard is little different from putting a hand over a speaker’s mouth and should be viewed as antithetical to the values free speech.  

Because social restraints on speech do not violate the Constitution, Americans cannot rely on courts to develop a comprehensive framework for deciding which types of pressure are too coercive. Instead, Americans must determine what degree of pressure we think is acceptable.

In that respect, the critics are well within their right to push for a more elevated, civil form of public discourse. They are perfectly justified in arguing that a college campus, of all places, should be a model of rational debate

But they are not justified in claiming the free speech high ground. For under our free speech tradition, the crudest and least reasonable forms of expression are just as legitimate as the most eloquent and thoughtful

The argument for putting the interests of American workers first also used to be a liberal idea. The left-wing case for an end to mass immigration, a sizable chunk of which is based merely on family, is therefore real. Not so long ago, in fact, it was close to axiomatic.

It is also not an inherently illiberal thing to support merit-based immigration or even stricter legal immigration to protect American workers. If the point of a democracy is to allow all merit to be rewarded regardless of class, race, gender or other factors, then allowing immigration entirely on family, and thereby purely genetic and racial grounds, is actually anti-democratic.

It is not an illegitimate thing to worry about huge shifts in the ethnic and racial demography of a country. Iconic liberals once did so.

what seems rather ludicrous to an average America is, in fact, a critical element of social life in the DR. The more the colors blend, the more obsessive humans can get about defining them, and the hierarchies they imply. Just as there is an element of internalized racism among African-Americans with respect to skin color, with light-skinned always being seen as somehow preferable, so too the Dominicans seem to have absorbed this hierarchy as well — with scarcely any Northern Europeans in the ethnic mix at all.

you also see this phenomenon elsewhere in the world. In Thailand, for example, there is a huge whitening industry, with the latest fad being the whitening of, yes, dicks. The whitening of skin and appearance appears across the globe. Darkening, with the exception of a suntan, is rare.

Maybe it has something to do with the West’s disproportionate cultural and economic power and wealth, which is associated in some minds with race. Or else it is simply a massive fraud still being perpetrated by parts of the Old World.

The rankings published by U.S. News and World Report, and others, also play a major role. The rankings reward spending on facilities and faculty, but most pay little or no attention to financial aid and diversity.

College presidents are under constant pressure to meet budgets, improve graduation rates and move up in the rankings,” Dr. Carnevale said. “The easiest way to do it is to climb upstream economically — get students whose parents can pay more.”

A big part of that climb has been the rise of “merit aid,” price breaks offered to desirable students regardless of their parents’ wealth. A few dozen top schools give no merit aid, but they are the exception. Historically, American colleges gave far more need-based aid, but it is outweighed today by merit aid.

In 2006, at the 82 schools rated “most competitive” by Barron’s Profiles of American Colleges, 14 percent of American undergraduates came from the poorer half of the nation’s families, according to researchers at the University of Michigan and Georgetown University who analyzed data from federal surveys. That was unchanged from 1982.

What distinguishes those who apply to elite schools is not family income or their parents’ level of education, according to a groundbreaking study published last year, but location. Exposure to just a few high-achieving peers or attending a high school with just a few teachers or recent alumni who went to highly selective colleges makes a huge difference in where low-income students apply.

Cost remains a barrier, but so does perception, he said, adding, “It’s a psychology and sociology thing, as well as a pricing thing.”

Public colleges remain less expensive, but in an era of declining state support, their prices have risen faster than those of private colleges, and they vary widely from state to state. Private colleges have sharply increased financial aid since the turn of the century, so that the average net price that families really pay has barely changed over the last decade, adjusted for inflation — and for low-income students, it has actually dropped.

even top private colleges with similar sticker prices differ enormously in net prices, related to how wealthy they are, so a family can find that an elite education is either dauntingly expensive or surprisingly affordable. In 2011-12, net prices paid by families with incomes under $48,000 averaged less than $4,000 at Harvard, which has the nation’s largest endowment, for example, and more than $27,000 at New York University, according to data compiled by the Department of Education.

You can say that makes them hypocrites. A more generous and in many cases more accurate take is that we can’t always control or amend our ingrained impulses and prejudices. We all have prejudices which compromise us. Every single one of us. But the instinctive and ingrained is not the entirety of who we are. We also have the ability to see beyond our own limitations, shortcomings, and acculturation to see what is fair, what is right and what the future can and should be.

On its face, the idea of a merit-based policy doesn’t sound so crazy. We certainly want the best scientists and engineers and doctors and entrepreneurs to come to America. But we already do that. A big part of the immigration system is geared around doing just that

President Trump, his key advisors and key congressional supporters and the issue is often dressed up as a matter of ‘culture’. Too many immigrants from different cultures will overwhelm and wipe out the America we know

Here President Trump, along with Steve King and the rest of the more or less open racists on Capitol Hill is just making the point explicit. They want to keep the US a majority white and culturally homogenous country. That is Stephen Miller’s core policy agenda. He remains one of Trump’s closest advisors. It is simply keep America as white as possible.

With President Trump, using the most denigrating language to say we don’t want immigrants from African or African diaspora countries but want white people instead is clearly and ably captured in his policies. Scare immigrants off, work the internals of the immigration system to expel a few hundred thousand Haitians here, a few hundred thousand Salvadorans there.

But the key point is that if your whole immigration system is based on “merit” you’re going to exclude a ton of people from countries where the kinds of advanced degrees, training and wealth that constitute “merit” in this sense just aren’t available. Overwhelmingly those will be countries that are poor and don’t have white people.

Trumpism is ethnic-nationalism, rightist ethnic nationalism, specifically white ethnic nationalism. That’s been crystal clear from day one with the talk about Mexico sending its rapists and murderers to America, with the hyper-politicization of crimes committed by immigrants and especially undocumented immigrants.

The heart of Trumpism has always been fueled by panic over the decline of white privilege and a rapidly changing demography in which whites are no longer the overwhelming majority of Americans and in a few decades likely won’t be a majority at all.

In the shithole remarks we see it very unadorned: why do we want more low-quality non-white people? To Trump, it is an obvious and urgent question

“They are taking over” is the backdrop of Trumpism. The shithole comments make that crystal clear. It’s not just exclusion but a palpable dehumanizing contempt. The words only matter in as much as they illustrate the ugliness of what is currently happening and that is real and much more important than mere words

Trump administration policy means to and is in the process of, implementing the “shithole” mindset which is to say get rid of as many “outsiders” as we can and keep new ones from coming in.

they are all now a part of Trump’s only sincere ideological project, the preservation of white political and cultural dominance.

Trump has adopted policies that would be responsible for the displacement of nearly a million people of color in less than 12 months in office.  

The benefit of this history is that we know how the story ended then; with the adoption of racist immigration laws, and the immigrants from the “shithole countries” of the turn of the century defending the country in two world wars. But their children and grandchildren, having assimilated into the very whiteness Walker and his ilk saw as endangered, now repeat the same slander laid upon their ancestors against a new generation of immigrants looking for a better life in America. The old lies are now again embraced by the descendants of those who once suffered because of them.

The president was not making an assessment of the relative quality of life in Haiti or Norway, he was condemning entire populations of people of as undesirable because of where they were born. Trump’s remarks do not merely express contempt for foreigners; but also for every American who shares their origins.

The president’s focus on the nationality, rather than on the personal merits, of immigrants suggests what he means by “merit-based” immigration: Not accepting those immigrants who have mastered science or engineering or some other crucial skill, but instead a standard that finds white Scandinavians acceptable, while ruling out Haitians, Salvadorans, and Africans. The only “merits” here are accidents of birth and geography, owing to no individual accomplishment at all.

Trump’s is not a logic that employs facts, it is one that employs tribe. It is the logic of “us” being better than “them,” with white Scandinavians reflecting a self-definition of “us,” that excludes blacks and latinos regardless of their relationship to this country.

To describe the issue here, as many media outlets have, as one of coarse or vulgar language, is itself an obscenity. The president’s remarks reflect a moral principle that has guided policy while in office, a principle that is obvious to all but that some simply refuse to articulate.

"There's no word for accountability in Finnish," he later told an audience at the Teachers College of Columbia University. "Accountability is something that is left when responsibility has been subtracted."

Only a small number of independent schools exist in Finland, and even they are all publicly financed. None is allowed to charge tuition fees. There are no private universities, either. This means that practically every person in Finland attends public school, whether for pre-K or a Ph.D.

From his point of view, Americans are consistently obsessed with certain questions: How can you keep track of students' performance if you don't test them constantly? How can you improve teaching if you have no accountability for bad teachers or merit pay for good teachers? How do you foster competition and engage the private sector? How do you provide school choice?

Finland has no standardized tests. The only exception is what's called the National Matriculation Exam, which everyone takes at the end of a voluntary upper-secondary school, roughly the equivalent of American high school.

Instead, the public school system's teachers are trained to assess children in classrooms using independent tests they create themselves. All children receive a report card at the end of each semester, but these reports are based on individualized grading by each teacher.

"Oh," he mentioned at one point, "and there are no private schools in Finland."

what matters is that in Finland all teachers and administrators are given prestige, decent pay, and a lot of responsibility. A master's degree is required to enter the profession, and teacher training programs are among the most selective professional schools in the country. If a teacher is bad, it is the principal's responsibility to notice and deal with it.

"Real winners do not compete." It's hard to think of a more un-American idea, but when it comes to education, Finland's success shows that the Finnish attitude might have merits. There are no lists of best schools or teachers in Finland. The main driver of education policy is not competition between teachers and between schools, but cooperation.

the number of foreign-born residents in Finland doubled during the decade leading up to 2010, and the country didn't lose its edge in education. Immigrants tended to concentrate in certain areas, causing some schools to become much more mixed than others, yet there has not been much change in the remarkable lack of variation between Finnish schools in the PISA surveys across the same period.

Decades ago, when the Finnish school system was badly in need of reform, the goal of the program that Finland instituted, resulting in so much success today, was never excellence. It was equity.

Since the 1980s, the main driver of Finnish education policy has been the idea that every child should have exactly the same opportunity to learn, regardless of family background, income, or geographic location. Education has been seen first and foremost not as a way to produce star performers, but as an instrument to even out social inequality.

this means that schools should be healthy, safe environments for children. This starts with the basics. Finland offers all pupils free school meals, easy access to health care, psychological counseling, and individualized student guidance.

In fact, since academic excellence wasn't a particular priority on the Finnish to-do list, when Finland's students scored so high on the first PISA survey in 2001, many Finns thought the results must be a mistake. But subsequent PISA tests confirmed that Finland -- unlike, say, very similar countries such as Norway -- was producing academic excellence through its particular policy focus on equity.

Finally, in Finland, school choice is noticeably not a priority, nor is engaging the private sector at all.

Like Finland, Norway is small and not especially diverse overall, but unlike Finland it has taken an approach to education that is more American than Finnish. The result? Mediocre performance in the PISA survey. Educational policy, Abrams suggests, is probably more important to the success of a country's school system than the nation's size or ethnic makeup.

there were 18 states in the U.S. in 2010 with an identical or significantly smaller percentage of foreign-born residents than Finland

the goal of educational policy in the U.S. -- as articulated by most everyone from President Obama on down -- is to preserve American competitiveness by doing the same thing. Finland's experience suggests that to win at that game, a country has to prepare not just some of its population well, but all of its population well, for the new economy.

Finland's experience shows that it is possible to achieve excellence by focusing not on competition, but on cooperation, and not on choice, but on equity

The problem facing education in America isn't the ethnic diversity of the population but the economic inequality of society, and this is precisely the problem that Finnish education reform addressed. More equity at home might just be what America needs to be more competitive abroad.

studies by two independent research teams (each led by an author of this article) found that Americans across the economic spectrum did indeed severely misjudge the amount of upward mobility in society.

The data also confirmed the psychological utility of this mistake: Overestimating upward mobility was self-serving for rich and poor people alike. For those who saw themselves as rich and successful, it helped justify their wealth. For the poor, it provided hope for a brighter economic future.

Participants in the survey overshot the likelihood of rising from the poorest quintile to one of the three top quintiles by nearly 15 percentage points. (On average, only 30 percent of individuals make that kind of leap.)

When asked to estimate how many college students came from families in the bottom 20 percent of income, respondents substantially misjudged, estimating that those from the lowest income bracket attended college at a rate five times greater than the actual one

they were also asked to estimate upward mobility for people who were similar to them “in terms of goals, abilities, talents and motivations.” In this case, respondents were even more likely to overestimate upward mobility.

Those with the most room to move up were more likely to think that such movement was possible.

The higher up people said they were, the more they overestimated the likelihood of upward mobility. Being aware of your position at the top of a low-mobility hierarchy can be uncomfortable, because without mobility, sitting at the top is the result of luck, rather than merit.

political liberals were less likely to overestimate upward mobility relative to conservatives — a finding consistent with other research suggesting that conservatives see our society as more merit-based than do liberals.

members of ethnic minority groups tended to overestimate upward mobility more than did European Americans. This result indicated that those with the most to gain from believing in an upwardly mobile society tended to believe so more strongly.

belief in the American dream is woefully misguided when compared with objective reality. Addressing the rising economic gap between rich and poor in society, it seems, will require us to contend not only with economic and political issues, but also with biases of our psychology.

as has happened before with other forms of property, the most politically influential owners of the new property are doing their utmost to increase their profits by creating monopolies

The most valuable intellectual properties are platforms so widely used that everyone else has to use them, too. Think of standard operating systems like Microsoft’s Windows or Google’s Android; Google’s search engine; Amazon’s shopping system; and Facebook’s communication network

Despite an explosion in the number of websites over the last decade, page views are becoming more concentrated. While in 2001, the top 10 websites accounted for 31 percent of all page views in America, by 2010 the top 10 accounted for 75 percent

Amazon is now the first stop for almost a third of all American consumers seeking to buy anything

Google and Facebook are now the first stops for many Americans seeking news — while Internet traffic to much of the nation’s newspapers, network television and other news gathering agencies has fallen well below 50 percent of all traffic.

almost all of the profits go to the platforms’ owners, who have all of the bargaining power

The rate at which new businesses have formed in the United States has slowed markedly since the late 1970s. Big Tech’s sweeping patents, standard platforms, fleets of lawyers to litigate against potential rivals and armies of lobbyists have created formidable barriers to new entrants

The law gives 20 years of patent protection to inventions that are “new and useful,” as decided by the Patent and Trademark Office. But the winners are big enough to game the system. They make small improvements warranting new patents, effectively making their intellectual property semipermanent.

They also lay claim to whole terrains of potential innovation including ideas barely on drawing boards and flood the system with so many applications that lone inventors have to wait years.

Big Tech has been almost immune to serious antitrust scrutiny, even though the largest tech companies have more market power than ever. Maybe that’s because they’ve accumulated so much political power.

Economic and political power can’t be separated because dominant corporations gain political influence over how markets are maintained and enforced, which enlarges their economic power further. One of the original goals of antitrust law was to prevent this.

We are now in a new gilded age similar to the first Gilded Age, when the nation’s antitrust laws were enacted. As then, those with great power and resources are making the “free market” function on their behalf. Big Tech — along with the drug, insurance, agriculture and financial giants — dominates both our economy and our politics.

The real question is how government organizes the market, and who has the most influence over its decisions

Yet as long as we remain obsessed by the debate over the relative merits of the “free market” and “government,” we have little hope of seeing what’s occurring and taking the action that’s needed to make our economy work for the many, not the few.

you can usefully combine these takes, and describe Bush nostalgia as a longing for something America used to have and doesn’t really any more — a ruling class that was widely (not universally, but more widely than today) deemed legitimate, and that inspired various kinds of trust (intergenerational, institutional) conspicuously absent in our society today.

we miss the WASPs — because we feel, at some level, that their more meritocratic and diverse and secular successors rule us neither as wisely nor as well.

Those virtues included a spirit of noblesse oblige and personal austerity and piety that went beyond the thank-you notes and boat shoes and prep school chapel going — a spirit that trained the most privileged children for service, not just success, that sent men like Bush into combat alongside the sons of farmers and mechanics in the same way that it sent missionaries and diplomats abroad in the service of their churches and their country.

However, one of the lessons of the age of meritocracy is that building a more democratic and inclusive ruling class is harder than it looks, and even perhaps a contradiction in terms. You can get rid of the social registers and let women into your secret societies and

you still end up with something that is clearly a self-replicating upper class, a powerful elite, filling your schools and running your public institutions.

you even end up with an elite that literally uses the same strategy of exclusion that WASPs once used against Jews to preserve its particular definition of diversity from high-achieving Asians — with the only difference being that our elite is more determined to deceive itself about how and why it’s discriminating

certain of the old establishment’s vices were inherent to any elite, that meritocracy creates its own forms of exclusion

the WASPs had virtues that their successors have failed to inherit or revive

The WASP virtues also included a cosmopolitanism that was often more authentic than our own performative variety — a cosmopolitanism that coexisted with white man’s burden racism but also sometimes transcended it

The goal would have been to keep piety and discipline embedded in the culture of a place like Harvard, rather than the mix of performative self-righteousness and raw ambition that replaced them.

for every Brahmin bigot there was an Arabist or China hand or Hispanophile who understood the non-American world better than some of today’s shallow multiculturalists.

And somehow the combination of pious obligation joined to cosmopolitanism gave the old establishment a distinctive competence and effectiveness in statesmanship — one that from the late-19th century through the middle of the 1960s was arguably unmatched among the various imperial elites with whom our establishment contended

So as an American in the old dispensation, you didn’t have to like the establishment — and certainly its members were often eminently hateable — to prefer their leadership to many of the possible alternatives

And as an American today, you don’t have to miss everything about the WASPs, or particularly like their remaining heirs, to feel nostalgic for their competence

long with the establishment failure in Vietnam, which hastened the collapse of the old elite’s authority, there was also a loss of religious faith and cultural confidence, and a belief among the last generation of true WASPs that the emerging secular meritocracy would be morally and intellectually superior to their own style of elite

the WASP ascendancy did not simply fall; it pre-emptively dissolved itself.

its virtues were to some extent transferable to a more diverse society: The establishment had always been somewhat permeable to arrivistes,

in our era their admirable influence is still felt in figures as different as Barack Obama and Mitt Romney

In such a world the establishment would have still admitted more blacks, Jews, Catholics and Hispanics (and more women) to its ranks … but it would have done so as a self-consciously elite-crafting strategy, rather than under the pseudo-democratic auspices of the SAT and the high school resume and the dubious ideal of “merit.”

At the same time it would have retained both its historic religious faith (instead of exchanging Protestant rigor for a post-Christian Social Gospel and a soft pantheism) and its more self-denying culture (instead of letting all that wash away in the flood of boomer-era emotivism).

“Those who are mourning the passing of the old Establishment should mourn its many failures, too,” he writes. Which is fair enough: The old ruling class was bigoted and exclusive and often cruel, it had failures aplenty

it’s to look forward, and to suggest that our current elite might someday be reformed — or simply replaced — through the imitation of the old establishment's more pious and aristocratic spirit.

Right now, almost all the discussion of our meritocracy’s vices assumes the system’s basic post-WASP premises, and hopes that either more inclusion (the pro-diversity left’s fixation) or a greater emphasis on academic merit (the anti-affirmative right’s hobbyhorse) will cure our establishment’s all-too-apparent ills.

a more radical theory of the case, one proposed by Helen Andrews in a 2016 Hedgehog Review essay on meritocracy and its discontents:

The meritocracy is hardening into an aristocracy — so let it. Every society in history has had an elite, and what is an aristocracy but an elite that has put some care into making itself presentable? Allow the social forces that created this aristocracy to continue their work, and embrace the label

By all means this caste should admit as many worthy newcomers as is compatible with their sense of continuity. New brains, like new money, have been necessary to every ruling class, meritocratic or not

they must give up any illusion that such tinkering will make them representative of the country over which they preside. They are separate, parochial in their values, unique in their responsibilities. That is what makes them aristocratic.

If we would learn from their lost successes in our own era of misrule, reconsidering this idea — that a ruling class should acknowledge itself for what it really is, and act accordingly — might be a fruitful place to start.

On the evidence we have, the meritocratic ideal ends up being just as undemocratic as the old emphasis on inheritance and tradition, and it forges an elite that has an aristocracy’s vices (privilege, insularity, arrogance) without the sense of duty, self-restraint and noblesse oblige that WASPs at their best displayed.

The term properly refers to a specific kind of American elite, mostly from the Northeast, mostly high-church Protestants, concentrated in a few cities (Boston, Philadelphia, New York, plus some Midwestern and Californian outposts), generally associated with the Republican Party (with occasional defectors like F.D.R.), who dominated a particular set of fields (academia, finance, foreign policy) and shared the code of service and piety and manners that defined the elder Bush’s career.

Their importance rested, to borrow from a WASP acquaintance’s email this week, on being “primus inter pares” — first among equals, with a particular kind of power in a particular set of institutions, and an ability to set a tone for the American upper class that was adopted by other groups when they ascended.

And ascend they often did, because the older American system was both hierarchical and permeable, with room for actual merit even without a meritocratic organizing theory.

Those advancing groups included non-Anglo-Saxons, and eventually non-Protestants and non-whites.

their example suggested that an aristocratic spirit was transferable to a more diverse elite, that there could be Catholic and African-American and Jewish aristocrats — like, say, the family that has long stewarded this newspaper — who could adopt the WASP establishment’s upper-class virtues without the ethnic and religious chauvinism.

The way of the “best and the brightest” at the dawn of the technocratic era and the “smartest guys in the room” decades later, the way of the arsonists of late-2000s Wall Street and the “move fast and break things” culture of Silicon Valley.

This was meritocracy, the system that we now take for granted. And for several reasons it didn’t work as planned

then the WASPs themselves decided to dissolve their own aristocracy, and transform their once-Protestant universities into a secular mass-opportunity system — a more democratic way of education, in which anyone with enough talent could climb the ladder, and personal achievement and technical expertise would be prized above all else.

instead of an Eastern establishment negotiating with overlapping groups of regional elites (or with working-class or ethnic leaders), you have a mass upper class segregated from demoralized peripheries.

Second, the meritocratic elite inevitably tends back toward aristocracy, because any definition of “merit” you choose will be easier for the children of these self-segregated meritocrats to achieve.

But even as it restratifies society, the meritocratic order also insists that everything its high-achievers have is justly earned. “He was born on third base and thought he hit a triple,”

This spirit discourages inherited responsibility and cultural stewardship; it brushes away the disciplines of duty; it makes the past seem irrelevant, because everyone is supposed to come from the same nowhere and rule based on technique alone

As a consequence, meritocrats are often educated to be bad leaders, and bad people, in a very specific way — a way of arrogant intelligence unmoored from historical experience, ambition untempered by self-sacrifice.

First, meritocracy segregates talent rather than dispersing it. By plucking the highest achievers from all over the country and encouraging them to cluster together in the same few cities, it robs localities of their potential leaders

Diversity, despite what many liberals want to think, does not provide a solution to this problem

nothing about being a woman or a minority makes you immune to meritocracy’s ruthless solipsism. Just ask Elizabeth Holmes or the slipping-from-grace Sheryl Sandberg

I don’t want to bring back the WASPs; if I had the magic wand to conjure a different elite, it would be a multiracial, multilingual Catholic aristocracy ruling from Quebec to Chile. (Hey, you asked.

But I do want to raise the possibility that an aristocracy that knows itself to be one might be more clearsighted and effective than an aristocracy that doesn’t, and that the WASPs had at least one clear advantage over their presently-floundering successors: They knew who and what they were

Memorializing Turner or other slave rebels has simply been a step too far in the US, at least until now. In a sense, this is hardly surprising. The South is covered with monuments to men who fought a war to preserve slavery. They are only now starting to come down. Most still stand.

The state of Virginia executed Turner. The state must still consider him a criminal. He hasn’t been pardoned or exonerated. Now it’s memorializing him. That is a sea change and I suspect still a highly controversial one

coming to the terms with the brutality of slave revolts brings the brutality and violence of slavery itself to the fore in a way America has seldom publicly faced

Honoring Turner means that his actions were laudatory and merit public memorialization. But his actions involved killing families and small children in their beds. If such actions, which are normally among the worst we can imagine, merit praise and public honor, the system they were meant to fight and destroy must have been barbaric and unconscionably violent beyond imagining. Very few of us would contest this description of slavery. But bringing Turner into the discussion of public commemoration will air these issues in a new (I think very positive) and jarring way.

they were clearly affluent, but they also came from diverse backgrounds. They had been on exotic vacations and had volunteered for the needy. They were truly interesting people.

So I didn’t understand why so many of them were enrolled in the optional SAT prep section of our summer program. Why would such impressive high achievers spend their summer nights storming through a massive SAT book? Many of them already took weekend SAT prep courses back home.

the kids at Exeter saw summer academic programs as normal and enjoyable. I was happy to be around so many fellow nerds. Still, they approached studying for the SAT with a near-professional intensity that was alien to me.

I realized that they didn’t just want to score exceptionally well on the SAT. They were gunning for a score on the Preliminary SAT exams that would put them in the top percentile of students in the United States and make them National Merit Scholars in the fall.

The majority of low- and middle-income 11th graders I know in Michigan didn’t even sit for the preliminary exams. Most took the SAT cold. Few were privy to the upper-middle-class secret I discovered that summer: To get into elite colleges, one must train for standardized tests with the intensity of an athlete.

My newfound friends worked extremely hard, but they also seemed to have access to a formula for success that had been kept from the rest of us.

I had opted out of Exeter’s SAT prep. So the following fall, when I posted a so-so SAT score, I went into Super-ZIP-kid mode.I couldn’t afford a $3,000 40-hour prep course or tutor. But I could take out test prep books at the public library. There were very few checkout stamps on the book jackets, so I kept renewing them. I also took a $99 online program I heard about on NPR and Khan Academy’s free SAT section. On Saturdays, I commuted an hour each way to Ann Arbor for a free test-prep program at the University of Michigan.

My post-prep score saw a solid pop, and that awarded me access to tens of thousands in automatic merit awards to local colleges. I was encouraged to throw my hat in the ring at some more selective universities.

This past month, I watched many of these friends dazzle their social media followers with acceptance letters from Northwestern, Harvard, Williams and Duke, as well as six-figure Presidential Scholarships to various public universities.

Mr. Biden’s environmental policy proposals include a pledge to “prioritize strategies and technologies that reduce traditional air pollution in disadvantaged communities.

Douglas Buffington, the deputy attorney general of West Virginia, said the rule “represents a big win for West Virginia coal.”

“If they had been tightening it could have been a huge blow to the coal industry,” he said

Already, president-elect Joseph R. Biden Jr. is planning to move forward quickly in his first months in office to reinstate and strengthen many of the environmental rules rolled back by Mr. Trump

“We’re starting to see evidence that long-term exposure to air pollution — which disproportionately affects communities of color & low-income communities — is linked to COVID-19 death rates.”

Although the E.P.A.’s own staff scientists recommended tightening the current emissions rule, Mr. Wheeler said the scientific evidence was insufficient to merit doing so.

PM 2.5 pollution contributes to tens of thousands of premature deaths annually, and that even a slight tightening of controls on fine soot could save thousands of American lives

“There is a growing body of evidence that it is linked to neurological damage. And there is a growing body of evidence linking exposure of PM 2.5 to elevated levels of increased Covid morbidity.”

“The arguments against this rule are strong,” he said. “Even before that Harvard study there was very strong scientific evidence that stronger controls are merited. The Covid crisis reinforced that, but we didn’t need the Covid crisis to tell us that.”

The new rule retains a standard enacted in 2012, during the Obama administration. That rule limited the pollution of industrial fine soot particles — each about 1/30th the width of a human hair, but associated with heart attacks, strokes and premature deaths — to 12 micrograms per cubic meter

When E.P.A. scientists conducted that mandatory review, many concluded that if the federal government tightened that standard to about nine micrograms per cubic meter, more than 10,000 American lives could be saved a year.

The scientists wrote that if the rule were tightened to nine micrograms per cubic meter, annual deaths would fall by about 27 percent, or 12,150 people a year.

After the publication of that report, numerous industries, including oil and coal companies, automakers and chemical manufacturers, urged the Trump administration to disregard the findings and not tighten the rule

“If courts don’t have to defend their decisions, then they’re just acts of will, of power. They’re not even pretending to be legal decisions.”

On that docket — the “merits docket” — the court ordinarily agrees to hear about 1 percent of the petitions asking it to intercede. In its last term, it decided just 53 merits cases.

“The political branches of government claim legitimacy by election, judges by reason,” he wrote. “Any step that withdraws an element of the judicial process from public view makes the ensuing decision look more like fiat, which requires compelling justification.”

The Trump administration has been a major contributor to the trend, Professor Vladeck wrote, having filed 36 emergency applications in its first three and a half years.

Lower courts have struggled to make sense of the court’s orders, which are something less than precedents but nonetheless cannot be ignored by responsible judges.

One is that Republicans tend to win.

“federal courts ordinarily should not alter state election rules in the period close to an election.”

A trial judge refused to block it, but, about a month before the 2006 general election, the U.S. Court of Appeals for the Ninth Circuit issued an injunction forbidding state officials to enforce it.

“The Purcell principle,” he wrote, is “the idea that courts should not issue orders which change election rules in the period just before the election.”

“No one can read Purcell itself and think it created the doctrine that it now has been transformed into by the Supreme Court.”

“bolster the legitimacy of the court in the eyes of the public, something especially important in controversial cases, such as election cases.” And they “may also discipline justices into deciding similar cases alike, regardless of the identity of the parties.”

Then the campaign to cancel Abbot’s lecture began. On Twitter, some students and professors called on the university to retract its invitation. And, sure enough, MIT buckled, becoming yet another major institution in American life to demonstrate that the commitment to free speech it trumpets on its website evaporates the moment some loud voices on social media call for a speaker’s head.

First, let's be clear that the Court could and likely will decide the SB8 case without saying anything about the continuing vitality of the abortion right. That's easy to see if a majority holds on procedural grounds that neither the U.S. nor the abortion providers (in the companion case) can bring suit for injunctive relief. If the federal court plaintiffs lack standing or a cause of action, or if the Court holds that state court judges are not proper party-defendants, or that for injunctive relief to be effective it must--but is not permitted to--run against private non-parties, then the Texas law will remain in effect pending resolution in state court and a possible eventual return to the US Supreme Court posing the question whether a six-week ban is permissible on the merits.

For the U.S. and/or the abortion providers to win, at least one of the Justices who might vote to overrule Roe v. Wade in Dobbs would need to nonetheless allow a challenge to SB8 to go forward. Why would they do so? Perhaps they'll see the case in purely procedural terms. If the stakes were lower, it would be relatively easy to imagine any Justice thinking Case X is ripe for overruling but until we overrule it, state legislatures must abide by it.

Let's assume for the sake of argument that that happens--say that next month the Court rules 5-4 that the Fifth Circuit was wrong to lift the preliminary injunction in the DOJ case. Then suppose that a different 5-4 majority or a 6-3 majority rules in late June that the Mississippi law is constitutional but that they're not deciding whether to overrule Roe (even though they would have de facto overruled much of Roe). At that point the news coverage would indeed likely be muddled. Is there still a constitutional right to abortion? When? Where? Pro-choice activists might have a harder time mobilizing voters based on Dobbs if there is also floating around the notion that the Supreme Court had invalidated the Texas law just a few months before--even though that would have been only a procedural holding.

(2) Quite apart from the substance, the procedural grounds for reinstating the injunction are strong. I acknowledge that there are genuine questions of standing, causes of action, remedy, proper defendants, and more, but the bottom line for me is fairly straightforward: As I argue in the column, the case fundamentally presents a question whether states and other government actors can use trickery to evade their constitutional obligations. Tax law has a substance-over-form principle that should be universal. Texas has made no secret of the fact that it crafted SB8's trapdoors with the clear purpose of preventing lawsuits and thus chilling the exercise of a constitutional right. Permitting this kind of evasion and defiance will invite more.

To make it more difficult to challenge the law in court, especially before it went into effect, the Texas law turns to private individuals, rather than government officials, to enforce the ban, deputizing them to bring lawsuits against anyone who either provides or “aids or abets” an abortion. The law also establishes an award of $10,000 for a successful lawsuit.

By a vote of 5-4, in a one-paragraph order issued late at night, the court said that the providers had “raised serious questions regarding the constitutionality of the Texas law.” But the majority nonetheless refused to stop the law from going into effect because, the court wrote, it wasn’t clear whether the state officials whom the abortion providers had named as defendants in the case “can or will seek to enforce the Texas law” in a way that would allow the court to get involved in the dispute at that stage.

In a 39-page filing on Monday, Fletcher asked the justices to wipe away the 5th Circuit’s stay of Pitman’s order. That relief would reinstate Pitman’s decision blocking the law while the litigation continues.

take up the case on its merits docket and definitively resolve the legality of Texas’ unusual enforcement scheme without waiting for a final ruling from the 5th Circuit — a maneuver known as a petition for certiorari before judgment. On Monday afternoon, the court granted the providers’ request to fast-track the justices’ consideration of their petition, directing the defendants in the case to file their response to the petition by noon on Thursday, Oct. 21.

In a 113-page ruling on Oct. 6, U.S. District Judge Robert Pitman granted the administration’s request to put the law on hold. Observing that the right to obtain an abortion before the fetus becomes viable is “well established,

Texas was “[f]ully aware that depriving its citizens of this right” directly would be “flagrantly unconstitutional”

The majority’s refusal to intervene on an emergency basis sent the case back to the U.S. Court of Appeals for the 5th Circuit, which is scheduled to hear oral argument in early December.

The Biden administration’s request went to Justice Samuel Alito, who fields emergency requests from the 5th Circuit. Alito acted quickly, ordering the state to file its response by noon on Thursday, Oct. 21, and — with the order later on Monday directing a response in the providers’ case — setting up the possibility that the court could act on both S.B. 8 cases at the same time.