Germany “Helps”

Germany has offered to ship to Ukraine 5,000 helmets and says it will “transfer” a field hospital (typically with 50-100 beds) to Ukraine in February. Ukraine had asked Germany, with its military establishment of more than 260,000,

to provide at least 100,000 helmets and protective gear….

5,000 helmets and a field hospital for an active duty establishment of more than 400,000 that’s backed up by a reserve establishment of 250,000. Kyiv Mayor Vitali Klitschko was generous to call the helmet offer a joke. What kind of support will Germany send next, pillows? he wondered.

German law also prevents Germany from shipping weapons into a war zone or a region that might become a war zone. German Chancellor Olaf Scholz further has excused his government’s behavior by claiming lethal aid would only fuel the situation, and he’d rather find a “diplomatic” solution.

Of course, Scholz knows better. What would—what is—fueling the situation is leaving Ukraine dangerously weak in front of the Red Army, encouraging Putin to invade and conquer. The only “diplomatic” solution resulting is Ukraine’s defeat and occupation.

If Germany were serious about helping Ukraine, it would alter its law to allow arms shipments—directly from Germany or (for instance) via transfer of German-originated arms from Estonia’s establishment—into the nation that’s about to be overrun by Russia. It would correct its “thinking” on the matter and recognize that a well-armed and strong Ukraine is what makes a diplomatic solution possible.

No, Klitschko understated the matter. The German “offer” is insulting, and Scholz’ excuse-making is illustrative just how deeply is Germany kowtowing to Russia.

A Misunderstanding

The Wall Street Journal‘s Editorial Board had a piece about Justice Stephen Breyer’s impending retirement last Wednesday. One bit in it caught my eye.

Like many liberals of his generation, he [Supreme Court Justice Stephen Breyer] is an institutionalist who believes in the promise of the Constitution and incremental social improvement.

And herein lies the fundamental misunderstanding of liberal judges regarding their role as judges. A judge cannot both believe in the promise of the Constitution and act on the premise of incremental social improvement.

Acting on social improvement, incremental or otherwise, is a strictly political matter and is solely the province of the political actors—Congress and We the People who hire those actors.

If a judge believes in the promise, he must adhere solely to his duty to apply the statute(s) and Constitution that are before him in any case. If he acts on those views of social improvement—which views are inherently his personal views—he is violating both Article I, Section 1, of our Constitution and his oath as a judge to support and defend the Constitution of the United States.