A Judge’s Error

The Trump administration had expanded rules allowing employers to opt out of being required to provide birth control coverage to their employees at no cost to the employees, so long as the opting out was convincingly based on religious or moral grounds.  Federal District Judge Haywood Gilliam of the Northern District of California has issued an injunction blocking enforcement of the expansion while an underlying lawsuit against the expansion is underway.

Ordinarily, blocking an enforcement while the underlying case proceeds is no big deal, but this one is just plain wrong.  Gilliam based his ruling in significant part on the premise that

the [expansion] would result in a “substantial number” of women losing birth control coverage, which would be a “massive policy shift.”

For one thing, given how cheap birth control drugs and devices are and how easily obtained prescriptions for them are, it’s not at all clear that a “substantial number” of women would be unable to obtain birth control drugs or devices.

But the larger, vastly more important matter is this.  As Gilliam himself noted, the expansion would be a policy shift (massive or not, that’s irrelevant here).  Policy matters are political matters, and so they clearly are outside the purview of the courts.  Policy—political—matters are the exclusive province of the political arms of our government and of We the People.  A judge who intrudes, from his bench, into political matters clearly violates his oath to uphold the law.  Making policy has no place in his oath.

Religious Bigotry?

North Dakota wants to let its high schools teach a Bible studies class, and the ACLU (among others) has gotten its institutional panties in a twist over it. State Congressman Aaron McWilliams (R) has a bill moving through the State’s legislature that would achieve that.  He said

The intention of this bill is to provide an option to schools to teach a class on the bible from a historical perspective.  My position is that no religious text should be excluded from being taught as it relates to the historical or philosophical influences in our history or on our society today.

The class would be an elective amounting to 1/6 of the total social studies requirement for graduating from a North Dakota high school.

The ACLU thinks that teaching a religious document even from a historical or philosophical perspective, even when it’s not a required course, is somehow the State establishing or supporting a particular religion.  That plainly isn’t the case; even the august personages of the ACLU know that—or American history wasn’t a safe space for them and they were triggered to unconsciousness by their grade school lessons and their junior high civics lessons.

Heather Smith, Executive Director of the North Dakota chapter of the ACLU does have a point, though.  Sort of.

A school could teach comparative religious classes, or you could talk about the Bible’s relationship to literature, art, or music[.]

But not its relationship with our history or culture, or with western civilization’s history or culture generally?  Not its relationship with our national philosophy, such as it is, or with philosophy generally?  Apparently, Smith was triggered by her high school logic class, too.

On the other hand, the comparative religion concern has some validity.  Perhaps McWilliams’ bill could include an option to teach an additional elective course, also worth 1/6 of the total social studies requirement, that teaches the Torah and the Talmud “from a historical perspective.”  After all, we are a Judeo-Christian nation, with a staunch Judeo-Christian history and underpinning.

Such a broadened perspective on who we are, how we began, and how we came to be where we are now—including these incessant attacks on our Christianity and Judaism—would strengthen our American culture, and it might inform even the members of the ACLU.

Side tidbit: the first Georgian patriot to die in combat in our Revolutionary War was a Jew.

Of Course They Can

President Xi Jinping of the People’s Republic of China increased pressure on the Republic of China to surrender and be “unified” with the PRC.

Mr Xi said differences in political systems can’t be used as an excuse to resist unification.

Of course they can. Those differences are what makes the two nations separate from each other.  Never mind that the two have been independent of each other ever since the mainland under Mao Tse-tung won then-China’s civil war and drove the Kuomintang off the mainland onto the island of Taiwan, with Mao then creating the PRC.  The reason for the civil war was precisely those differences, differences over which the Communists were willing to kill those who opposed them.

Xi went on.

He promised Taiwanese people a peaceful and prosperous future with the mainland….

Right.  Just ask the folks on Hong Kong, who were the victims of the same promise and who now see their freedoms eroded and in many cases outright eliminated.  They’re not even allowed to elect their own political leaders; they must choose from a list the Communist Party of China provides them.

Xi’s word is worthless, and the citizens of the RoC, along with their government, know that full well.  RoC President Tsai Ing-wen: Xi’s

framework would place the island under China’s rule with limited autonomy, as has been done in Hong Kong.

“Taiwan will never accept ‘one country, two systems,'” Ms Tsai said. “The vast majority of Taiwanese public opinion also firmly opposes ‘one country, two systems.'”

“China must face the reality of the existence of the Republic of China, Taiwan,” she said…. She said [that] Beijing must “not reject the democratic system that the Taiwanese people have built.”

We need to stand loudly, overtly, and practically with the RoC.  We need to increase naval patrols of the Taiwan Strait, set up a naval basing right agreement for Kaohsiung City along with an Air Force basing agreement for Ching Chuan Kang and Tainan Air Bases.  We need to increase sales of modern air and naval weapons systems to the RoC.  We need to increase our trade ties with the nation, and we need to more actively support it diplomatically.

That’s just a start.

Too Much Retrenchment

Christian Whiton, in an op-ed for Fox News‘ online outlet, espoused a large retrenchment and withdrawal of the US (he couched it in terms of withdrawal of our troops only) from Europe and the Middle East.  In one region, though, he’s badly mistaken and goes much too far (he’s mistaken in the other areas, too, but this really stands out).

The president should turn our military bases in Europe over to our NATO allies and withdraw most US troops.
We have kept troops in Europe since World War II, and that war ended 73 years ago. Our European bases have been obsolete since the collapse of the Soviet Union in 1991, and they’ve been of no use to us in the conflicts in Afghanistan, Iraq, and Syria.
Why should US troops defend Germany, for example, where polls show only 30% of Germans have a favorable view of America? On top of that, Germany treats us unfairly on trade, fabricates anti-American news, and is rich enough to defend itself.

No, we should not withdraw most of our troops from Europe.

It’s certainly true that many of those bases have been useless to our efforts in Afghanistan, Iraq, or Syria, but the claim ignores two simple facts: NATO never was designed—or repurposed—to support anything other than a Warsaw Pact (actually, a Soviet Union) invasion of Western Europe.  Secondly the purpose mismatch would disappear if Whiton got his wish and we withdrew our troops from Afghanistan, Iraq, and Syria.

However, it’s also true (though elided in the op-ed) that many of those bases have been used as staging areas for operations in the Middle East and Afghanistan, many of our NATO allies have, and are, participating in those efforts—including a NATO contingent in Afghanistan—and several of those bases have been critical in dealing with combat casualties on their evacuations from the combat zones (Landstuhl comes to mind).

To an extent, though, the bases have become obsolete, although not necessarily in the Trumpian economic sense (and the NATO allies are moving more effectively to redress that than they did with the prior administration’s efforts).  No, with modern war capabilities, especially including missile and cyber war, the bases have become targets—as have the (too few) locations for forward basing of replacement equipment and ammunition.

The premise that Germany treats us unfairly in trade is arguably true (though we would do well to get rid of LBJ’s chicken war tariff on German light trucks), but it’s irrelevant.  Defense isn’t about international trade; it’s about a nation’s or a region’s physical security.  That Germany engages in anti-American fake news also is irrelevant: all journalist industries have their liars and fakers; this, too, has nothing to do with defense.

Germany, and several of the other countries in European NATO, certainly are rich enough to contribute more to their own and to the common effort (on which, see above), but as the last centuries’ wars demonstrated, Germany is not ” rich enough to defend itself.”  They don’t have the population to man the numbers of equipment—tanks, heavy guns, infantry—to face down the currently resurgent Russian threat—which is actively tactical, nuclear, and cyber.  To face that down requires a coalition effort.

It’s also true, though, as Whiton pointed out, that Germans don’t want us there anymore.  Absent hard data, I speculate that several of the other NATO member nations think we’ve outstayed our welcome, also.

Works for me.

But rather than withdrawing from Europe altogether, we should reallocate.

Keep in mind that at violently acquisitive and heavily armed Russia is actively threatening non-Russian Europe: it already has partitioned and occupied Georgia, and it’s in the process of doing the same with Ukraine (it has occupied Crimea, and it’s moving actively to consolidate its occupation of eastern Ukraine and to expand those holdings).  It has engaged in cyber war with each of the Baltic State nations, and it is stirring up the Russian populations in those nations, potentially prelude to a modern-day Anschluss.  It has abrogated the Intermediate Range Missile Treaty, an action that led President Donald Trump to formally withdraw us from it, and it as moved other tactical nuclear weapons close to its western border and into Kaliningrad, from which it can strike with nuclear strength most of western Europe.  It is in late-stage development of hypersonic nuclear weapons as it moves to vastly upgrade all of its nuclear forces.  It has begun harassing and interfering with civilian shipment into the Sea of Azov and the Baltic Sea (and with Ukrainian military shipments into the former).  And on and on.

Reallocation.

Reallocate our politics as well as our defense forces.  Eastern European nations are only newly freed from the Soviet Union’s yoke, and they remember well the nature of Soviet boots on their necks.  They do clearly understand the threat actively presented by Russia today as it seeks—in Russian President Vladimir Putin’s own words—to restore the old Soviet Union empire.

Without walking away from NATO—it still has its uses—we should form a new mutual defense alliance with those eastern European nations: Lithuania, Latvia, Estonia, Ukraine, Poland, Romania, Moldova.  It would be useful to see if Finland, Sweden, and Norway would be interested, along with Denmark and Great Britain.  Then we should withdraw most of our troops from European NATO—which is, generally, western Europe, and which nations have forgotten what it’s like to live under rapacious tyranny—and shift them to those eastern European nations.  And base them in a much more dispersed manner, as well as thoroughly dispersing the forward based resupply facilities.

Faith in the PRC

The People’s Republic of China is broadening the reach of its religion.

Officials have threatened to close the Early Rain Covenant Church in the central city of Chengdu by the end of the year in keeping with new religious-management regulations, according to several congregants who said they had been waiting for the net to fall. In coordinated raids starting Sunday night, police detained Pastor Wang Yi and more than 100 of the church’s 500 members, said Li Yingqiang, a church leader.

Wang and his congregants have committed no felonies that anyone outside of the PRC would recognize.  He has, though, objected to the intrusiveness of President Xi Jinping and his Party and government, though, and he’s done so often from the pulpit.

That’s blasphemous: the One True Religion in the PRC is that of the Chinese Communist Party.

Just ask the Muslim Uighers, the Falun Gong, Yellow Hat Buddhists (and all other Buddhists), and the Christians.