Category Archives: law

Typically Liberal “Misunderstanding”

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It’s William Galston, this time. Galston, in his op-ed for last Tuesday’s The Wall Street Journal disparaged SecDef Pete Hegseth’s alleged disdain for the laws of war.

Leave aside the fact that Galston cynically and deliberately chose not to cite any of these laws of war. Instead, he actually wrote extensively about Hegseth’s supposed disdain for rules of engagement. In this vein, Galston generalized, without logic or facts, Hegseth’s disdain for particular rules into a disdain for all rules of engagement.

However, Galston’s more serious…error…is this. Rules of engagement are not Laws of War. RoE are the particulars, tailored to specific combat and short-of-combat environments, intended for particularized implementation of those general laws of war. Yet he opened his piece with this lede, and his piece continued solely in that vein.

It’s no surprise the US Navy’s September 2 strike on an alleged drug-carrying boat near Venezuela has been controversial. The man who now leads the Defense Department has ridiculed the laws of war throughout his military career.

I’m not that convinced, though, that Galston’s mistake is a misunderstanding Given his high skill as a journalist for a leading news outlet, for whom words are his stock in trade, I lean more toward outright distortion in his use of rules of engagement and laws of war interchangeably.

Oh, and one more “leave aside:” The controversy surrounding that second strike is entirely a journalistic construction. Those of us with actual military experience and who are not trading on that experience for political gain see no fault in sending in a second strike to finish a task that the first strike had not completed.

Contradiction in Terms

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This time, regarding President Donald Trump’s (R) move to remodel and expand the White House East Wing so that, among other things, important diplomatic events involving large groups of dignitaries, their significant others, et al., can be held indoors inside a facility fitting for the occasion rather than outdoors, in the White House’s back yard, in tents.

Leftist critics, of course, object. One of their more risible objections is this:

Critics say Trump barreling through bureaucracy to reshape an iconic piece of American history reflects a wider disdain for democratic norms.

Never mind that giving an unelected bureaucratic authority functional veto power is what violates democratic norms.

Red Tape Redundancy

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A letter-writer in Monday’s Letters section of The Wall Street Journal was rightly concerned about red tape redundancy, but he missed the mark on one form of it.

One can’t work with children without undergoing specific training and, in many states, extensive background checks. There’s value in those measures, but how about some coordination?
While living in New Jersey, I was fingerprinted for my teaching license in Somerset County and, later, in Middlesex County, despite having permanent certification in New York. I was then fingerprinted for gun purchases, coaching recreational soccer, and teaching Sunday school. At some point, it all becomes too exhausting.

There’s nothing redundant about being checked via immutable personal characteristics at each of those application points. Fingerprinting is an important way of determining that the person doing the applying is who he claims to be. Those multiple applications may or may not be by the same person.

Having been IDed by fingerprints and confirmed to be the same person across those multiple applications, though, there should be no need to repeat the rest of the applications beyond what’s unique to the function being applied for. Those repeats are what would be redundant and want better coordination.

The Judge Erred Badly

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A Minnesota jury convicted a man and his wife of stealing $7.2 million from the state’s Medicaid program. After the jury rendered its verdict, Minnesota State District Judge (4th District) Sarah West overturned it in its entirety.

In her decision, West wrote that prosecutors “relied heavily on circumstantial evidence,” adding that the state didn’t rule out other potential “reasonable inferences.”

If West really thought that, why did she let the case go to the jury and then let the jury reach its verdict and then read out that verdict?

If West really thought that, why didn’t she, when both sides had rested their cases—or even just when the prosecutor had rested—simply issue a directed verdict of not guilty instead of wasting so much time? Those jurors were private citizens with day jobs, after all. Her claim of other “reasonable inferences” that could have been drawn seem to me would approach reasonable doubt.

Sarah West seems to be a State district judge who does not understand her role as judge or her oath of office.

“The trade in babies and women’s bodies is an affront to freedom.”

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That Wall Street Journal subheadline is about surrogate motherhood and whether it ought be allowed to exist. Lois McLatchie Miller’s lede and next two paragraphs consist of this:

A New York ballroom filled with men discussing how to procure women’s bodies to produce babies, then discharge the mother from her role.
It sounds dystopian, but the September gathering was the latest conference of Men Having Babies, a group that helps gay couples—and single men, and even groups of three that call themselves “throuples”—form families through surrogacy. Online, they post photos of smiling male couples holding infants still slick from their mothers’ birth canals, celebrating a triumph of “modern family building.”
Those newborns know nothing of politics or reproductive technology. They know only the voice and scent of the woman who carried them for nine months—and whom they will never know again.

That truly is terrible, but it’s far from the norm. Surrogacy is broadly employed to provide healthy babies to families unable to have any of their own.

Alternatively, adopt a baby? Certainly. But the adoption, while also broadly beneficial to both the baby and the new parents, doesn’t get the parents a baby of their own blood, their own genetics. Surrogacy opens a path to that, wherein the father’s sperm is combined with the mother’s egg and the result implanted in the surrogate mother. Or a mother’s egg is combined with a sperm bank donor’s sperm and the result either implanted in the mother, or for her health reasons, implanted in a surrogate mother. Or the same with a donor’s egg and the father’s sperm.

The surrogate mother, then, in those cases carries the baby to term and then turns it over to the baby’s parents. That can be wrenching for the surrogate mother, but it isn’t always, and it does allow the surrogate mother to participate in the formation of a loving family. Even in the wrenching, the surrogacy contract takes care of the surrogate mother’s post-delivery needs.

Miller is a Senior Communications Officer at Alliance Defending Freedom International, so she should know better.

What’s necessary is not banning surrogate motherhood, nor even heavy regulation of it. What’s necessary are strong regulation, with heavy sanctions for misbehaviors and civil sanctions for egregious mistakes, of the outcomes. Along with that is the necessity of producing quality information that will allow childless families and prospective surrogate mothers to identify reliable and effective facilities—and each other—so as to allow both sides of the surrogacy to have satisfactory, rewarding outcomes.

Banning surrogacy altogether is what would be truly an affront to freedom. It would be an affront—a denial—of the freedom of families and individuals to decide for themselves how they will approach a family problem.