Human history becomes more and more a race between education and catastrophe.

History of Rhetoric

Henry Kissinger

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Henry Kissinger was the sole purveyor of American foreign policy, with the exception of presidents Nixon and Ford. While he was National Security Advisor, he essentially made the department of state irrelevant by taking over many of the tasks, like communicating with foreign officials and heading foreign policy task groups, typically reserved to the secretary of state. By Nixon’s second term, he was serving concurrently as National Security Advisor and Secretary of State, and had pushed out most other foreign policy advisors from the policymaking process.

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Kissinger was involved in Nixon’s conduct of the Vietnam War, the opening of China (essentially the establishment of relations with Mao was not a great triumph for human rights, but another triumph of realpolitik), the coup that brought Pinochet to power, etc. The human rights perspective of Kissinger’s detractors, everything Kissinger did was terrible. He was not bothered by this at all, as he was a firm member of the realist school of foreign policy, which holds that in the anarchic system of international relations, only power matters. Realists believe that international institutions such as the United Nations or international norms such as the concept of human rights are irrelevant. (In the Cold War, this became especially acute as Kissinger allied with brutal regimes, and conspired against democratic ones, in the name of anticommunism.)

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Take this quote from Kissinger:

“The emigration of Jews from the Soviet Union is not an objective of American foreign policy. And if they put Jews into gas chambers in the Soviet Union, it is not an American concern. Maybe a humanitarian concern.”

Remember that Kissinger is Jewish himself. That’s how much of a realist he is.

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While Kissinger was in office, the world was undergoing significant upheaval. There were various international crises originating in the Third World, and there was also domestic unrest in every region of the world. The most important aspect of Kissinger’s foreign policy outlook was his overriding concern of maintaining international stability, particularly by maintaining the Cold War’s bipolar global order. Wars in Vietnam and the Middle East and domestic protests in the U.S. and Europe all threatened to upend the bipolar order. Kissinger believed that wars in the Third World might drag the two superpowers into military conflict or nuclear war, and domestic unrest in Western Europe could open that continent up to greater Soviet influence. Simultaneously, domestic unrest in the U.S., particularly protests against the Vietnam War, had the potential of leading the U.S. away from the global interventionism necessary to maintain its superpower status.

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Furthermore, Kissinger was able to elevate himself to an unusual degree of celebrity in the 1973-1976 period because of Watergate and the elevation of the unelected Ford.

President Ford Discussing Progress with Henry Kissinger

Kissinger was the only major public figure of the Nixon Administration to escape Watergate unscathed (because he didn’t know about it, as it was a domestic election thing. To clarify, Kissinger had no connection to Watergate), and Ford, who had no constituency other than the existing Administration, heavily relied on Kissinger. [As Saigon fell, Kissinger’s polling dwarfed Ford’s.]

Then presidential adviser Dr. Henry Kissinger tells a White House news conference that "peace is at hand in Vietnam" on Oct. 26, 1972. (AP Photo)

Because of the unusual circumstances of this presidential term, Kissinger is now a symbol of everything realpolitik. (He’s a lightning rod for criticism from non-realists.) Many people adopted elements of this view of foreign policy, but none personified it like Kissinger.

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Reading Recommendations

There are four excellent biographies of Kissinger:

  • Jeremi Suri, Henry Kissinger and the American Century (This book provides a more favorable view of Kissinger than most other biographers).
  • Jussi Hahnimaki, The Flawed Architect: Henry Kissinger and American Foreign Policy
  • Mario del Pero, The Eccentric Realist: Henry Kissinger and the Shaping of American Foreign Policy
  • Robert Dallek, Nixon and Kissinger: Partners in Power

The following are excellent studies of U.S. foreign policy during the Nixon-Ford administrations:

  • Daniel Sargent, A Superpower Transformed: The Remaking of American Foreign Relations in the 1970s
  • Jeremi Suri, Power and Protest: Global Revolution and the Rise of Detente
  • Barbara Zanchetta, The Transformation of American International Power in the 1970s
  • Paul Thomas Chamberlin, The Global Offensive: The United States, the Palestine Liberation Organization, and the Making of the Post-Cold War World
  • Gary Bass, The Blood Telegram: Nixon, Kissinger, and a Forgotten Genocide

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Joseph Stalin making a face at his bodyguard; ca. 1930

Photo by Lt. G. Nikolai Vlasik


US Marine raising the Confederate battle flag after the Battle of Okinawa; June 22nd, 1945.

Just think, this was only 80 years after the end of the civil war.

Just think, this was only 80 years after the end of the civil war.

Once the castle had been taken, Dusenberg took off his helmet and removed a flag he had been carrying for just such a special occasion. He raised the flag at the highest point of the castle and let loose with a rebel yell. The flag waving overhead was not the Stars and Stripes, but the Confederate Stars and Bars. Most of the Marines joined in the yell, but a disapproving New Englander supposedly remarked, “What does he want now? Should we sing ‘Dixie?'”

MG Andrew Bruce, the commanding general of the 77th Division, protested to the 10th Army that the Marines had stolen his prize. But LTG Buckner only mildly chided MajGen del Valle saying, “How can I be sore at him? My father fought under that flag!”

LTG Buckner’s father was the Confederate BG Buckner who had surrendered Fort Donelson to then-BG Ulysses S. Grant in 1862.

(Source)

*Well, if I ever go to war I’ll bring the flag of the US Fish and Wildlife Service. I’ll die waving that flag!


Otto Frank, Anne Frank’s father and only surviving family member, revisiting the attic; May 3rd, 1960.

Otto Frank, Anne Frank's father and only surviving family member, revisiting the attic, May 3rd, 1960 [700x897]

August 1, 1944 was the date of Anne Frank’s last diary entry; the last paragraph reads:

Believe me, I’d like to listen, but it doesn’t work, because if I’m quiet and serious, everyone thinks I’m putting on a new act and I have to save myself with a joke, and then I’m not even talking about my own family, who assume I must be ill, stuff me with aspirins and sedatives, feel my neck and forehead to see if I have a temperature, ask about my bowel movements and berate me for being in a bad mood, until I just can’t keep it up any more, because when everybody starts hovering over me, I get cross, then sad, and finally end up turning my heart inside out, the bad part on the outside and the good part on the inside, and keep trying to find a way to become what I’d like to be and what I could be if . . . if only there were no other people in the world.

Yours, Anne M. Frank

Her family was captured 3 days later. Of the 7 people hiding in the Secret Annex, only her father survived the holocaust, and he had her diary published.

A virtual tour of the secret annex, for anyone interested.


Nazi General Anton Dostler is tied to a stake before his execution by a firing squad, Italy; ca. 1945.

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General Dostler ordered and oversaw the unlawful execution of fifteen captured US Soldiers. The soldiers were sent behind the German lines with orders to demolish a tunnel that was being used by the German army as a supply route to the front lines. They were captured and upon learning of their mission, Dostler ordered their execution without trial. The US soldiers were wearing proper military uniforms and carried no civilian or enemy clothing and were in compliance with Hague Convention to be considered non-combatants after their surrender. Under the 1907 Hague Convention on Land Warfare, it was legal to execute “spies and saboteurs” disguised in civilian clothes or enemy uniforms but excluded those who were captured in proper uniforms. Since fifteen U.S. soldiers were properly dressed in U.S. uniforms behind enemy lines and not disguised in civilian clothes or enemy uniforms, they were not to be treated as spies but prisoners of war, which Dostler violated. They shot the Americans and buried them in a ditch by their field headquarters.

The general was convicted and sentenced to death by an American Military Tribunal. The trial found General Dostler guilty of war crimes, rejecting the defense of superior orders. He was sentenced to death and shot by a firing squad on December 1, 1945 in Aversa. The execution was photographed on black and white still and movie cameras.

*You can see this photo being taken at 1:22 here:


4 year old Joseph Schleifstein, who survived the Holocaust by being kept hidden by his father, from Nazi officials inside Buchenwald concentration camp, is seen here shortly after his liberation; ca. April 1945

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“For a time, Schleifstein was hidden by his father with the help of two anti-fascist German prisoners, but he was eventually discovered. The SS guards took a liking to him and came to treat him as a “camp mascot”, having a small camp uniform made for him and having him take part in morning appells, where he would salute the guard and report, “All prisoners accounted for.”

(Source)


Nikita Khrushchev and Richard Nixon debate the merits of communism versus capitalism at the American National Exhibition, Moscow; ca.1959.

...this the exhibition where Khrushchev didn't believe normal Americans had washing machines in their homes.

…this the exhibition where Khrushchev didn’t believe normal Americans had washing machines in their homes.

Here’s the debate:


Dragutin Dimitrijevic (known as Apis) – he killed one king, one heir and is somewhat responsible for beginning of WWI; ca. 1914.

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Dragutin Dimitrijević (Serbian Cyrillic: Драгутин Димитријевић; 17 August 1876 – 24 June 1917), also known as Apis (Апис), was a Serbian colonel. He was a leading member of a military group that organized the overthrow of the Serbian government in 1903. He personally organized and participated in the coup against King Alexander and his wife Queen Draga that resulted in their murders, though he was not present when they were killed. He was also the leader of the Black Hand group responsible for the assassination of Franz Ferdinand, Archduke of Austria in June 1914. The latter triggered the July Crisis which led to the outbreak of World War I.

(Source)


An English girl comforts her doll in the rubble of her bomb-damaged home; ca. 1940

This photo and other fantastic images can also be found in Anthony Beevor's Second World War. A great read that gives a fantastic overview of the whole war from Europe to Africa to the Pacific.

These reminders are important for future generations (like us) to not take peace for granted, and to remember that it’s easy to clamor for war if it’s someone else’s house and nation that’s about to get bombed, but when the tables are turned and the bomb whizz over your head, this mechanized mass murder, or whatever watered down PC name war-hungry politicians may give it, is a whole ‘nother beast.


The Helsinki white guard after the “Battle of Helsinki” in 1918.

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This was during the Finnish civil war between the conservative “whites” and the socialist “reds.” The picture was probably taken after the whites, with the support of German troops, won the battle for Helsinki. (This picture might be from the parade that was held in celebration of the victory.)


SA (Sturm Abteilung or “Brownshirts”) call for the boycott of Jewish shops in Friedrichstraße, Berlin; April 1, 1933.

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The sign says: “Germans, Attention! This shop is owned by Jews. Jews damage the German economy and pay their German employees starvation wages. The main owner is the Jew Nathan Schmidt.”


57,000 German POWs are marched through Moscow to display the Red Army’s dominance; July 17, 1944.

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In June 1944, the Red Army captured the German Army Group Center. This was called Operation Bagration. 185 Soviet divisions with 2.3 million soldiers surrounded and captured or killed the 800,000 members of Army Group Center.

A month later some of the German POWs were transported to Moscow to display to the Soviet people.

Here is a Soviet film of the parade:

The parade was followed by trucks ceremoniously washing the German filth from the streets. The POWs were then transported off to work camps.


Photo of sentencing from the Nuremburg trials. The name of the offender and their punishment next to them, Hess is hidden because Goering was standing up, he received life imprisonment; Oct 1st 1946.

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Pretty much all of them served their sentences, and a couple were apparently repentant.

Sentenced to hang:

  • Hermann Goering: Committed suicide on the 15/10/46, the day before his execution. (He took a potassium cyanide pill the night before his execution was to take place. He had requested a firing squad like a soldier would receive instead of hanging like a commoner and was denied.)
  • Fritz Sauckel: Hanged on the 16/10/46.
  • Alfred Jodl: Hanged on the 16/10/46. (One of the three French judges later declared that Jodl should not have been found guilty and hanged. In 1953, the denazification courts in Germany reversed the verdict and returned all of his confiscated property to his widow.)
  • Arthur Seyss-Inquart: Hanged on the 16/10/46. (Interesting point, his reaction to the sentence was “Death by hanging… well, in view of the whole situation, I never expected anything different. It’s all right.” He was the last to be hanged and remarked: “I hope that this execution is the last act of the tragedy of the Second World War and that the lesson taken from this world war will be that peace and understanding should exist between peoples. I believe in Germany.”)
  • Joachim von Ribbentrop: Hanged on the 16/10/46.
  • Wilhelm Keitel: Hanged on the 16/10/46. (Last words “I call on God Almighty to have mercy on the German people. More than 2 million German soldiers went to their death for the fatherland before me. I follow now my sons – all for Germany.”)
  • Ernst Kaltenbrunner: Hanged on 16/10/46.
  • Alfred Rosenberg: Hanged on 16/10/46. (He was asked if he had any last words and replied “No”.)
  • Hans Frank: Hanged on 16/10/46. (He was reportedly very calm and quiet, viewed his sentence as atonement for his sins and gave the last words: “I am thankful for the kind treatment during my captivity and I ask God to accept me with mercy.”)
  • Wilhelm Frick: Hanged on 16/10/46. (He was the most afraid and unsteady, and his last words were “Long live eternal Germany”)
  • Julius Streicher: Hanged on 16/10/46. (He was entirely unrepentant, and gave 4 last statements: “Heil Hitler” at the foot of the gallows, a mocking reference to the Jewish festival Purim as the noose was secured, “The Bolsheviks will hang you one day!” as the bag was put on his head and “Adele, meine liebe Frau!” as he was dropped.)

Sentenced to life

  • Erich Raeder: Freed on 26/9/55 after nearly 9 years due to ill health. Died 6/11/60.
  • Rudolf Hess: Committed suicide by hanging on 17/08/87, aged 93. (He spent his last 41 years in prison, presumably well. He lived a long time, after all. And then one day, after four decades of confinement, he finally just said, “Whelp, this is it,” and did himself in at 93.)
  • Walther Funk: Freed 16/5/57 after 10 years due to ill health. (Died of diabetes three years later.)

Sentenced to 10-20 years

  • Karl Doenitz: Served his 10 year sentence, (and died 24 years later.)
  • Baldur von Schirach: Served his 20 year sentence, (retired alone due to his wife divorcing him in prison, and died 8 years later.)
  • Albert Speer: Served his 20 year sentence. (He chose not to return to architecture, but instead became an author. He personally accepted responsibility for the Nazis crimes, and anonymously donated most of his book royalties to Jewish charities (Up to 80%). Died of a stroke in 1981 while visiting London to appear on the BBC. *He is quite an interesting character. He’s known by some as “The Nazi Who Said Sorry” because he seemed to genuinely regret being involved with the whole thing. His testimony at the Nuremberg Trials is a fascinating read, if you’ve got the time.)
  • Konstantin von Neurath: Released 7 years early from his 15 year sentence due to ill health. (He returned to his family home and died of a heart attack 2 years later.)

Who won the War of 1812?

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Officially, the US went to war due to the British not respecting US citizenship when pressing sailors into service in the Royal Navy. The British claimed that any British subject was eligible for impressment (ie forced conscription) and that any man born a British subject continued to be a British subject. This included a sizable portion of the US population of the time, as many had been born before the peace treaty of 1782 and thus theoretically had been born as British subjects. Emigres were also subject to this treatment, and there were occasions where Royal Navy officers did not give a damn and just impressed American citizens who had never been British subjects.

Unofficially, the war hawks wanted to see an annexation of British North America (Canada). [The subject was openly debated in the US before the war. Jefferson claimed the conquest of Quebec was “a mere matter of marching” while Clay openly said that militiamen from Kentucky on their own could capture Upper Canada. Major General Brock certainly knew the war was coming, prepared accordingly and knew the US would invade Canada. In fact, his intelligence was so good that he got news of the war before the US troops across the border, something which he used for a surprise attack.]

The US invasions of Canada failed, the British hunted down or blockaded the US navy (a few frigates managed to slip out and the USS Constitution had some spectacular victories) and blockaded the US East Coast, preventing trade and causing widespread discontent, especially in the maritime-dependent New England states, who seriously started to discuss secession from the US.

The peace treaty at Ghent 1814 did not include any gains for the US – at least not officially. The treaty included no provision that the Royal Navy was to respect US citizenship, however, the end of the Napoleonic War had led the British to stop impressment from foreign vessels anyway, so the goal was achieved, king of.

British North America remained in British hands, and eventually became Canada, independent from the US.

The British war goals were to get the US to stop fighting them, without giving anything away, as they had bigger problems back home with Napoleon running rampant all over Europe, in which they succeeded.

The US war goals, to force the British to accept US citizenship as immunity to impressment was achieved, although not officially, while Canada remained unconquered.

While the US did not lose territory, I’d say they lost the war as they were unable to achieve the goals they went to war over. The British, while not gaining anything, did achieve their war goal.

So, it is either a draw (neither side lost anything) or a British victory (as they achieved their war goals and the US did not).


Finland: The Swedish Period.

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The earliest period of Swedish colonization of Finland proper (in the area around the city of Turku) occurred at the end of the 12th century, and could be considered a part of the religious and political movement known as the Northern Crusade. The Swedish monarchs and nobles would have had numerous reasons for the effort including

•suppression of piracy in the Gulf of Finland and Aaland archipelago.
•conversion of Finnic tribes to Catholic Christianity.
•creation of markets, establishment of feifs, and access to raw materials.
•to check the influence of Novgorod, and counter the spread of the “heretical” Orthodox creed.

Indeed, the spread of Swedish language and construction of fortresses goes hand in hand with the construction of Catholic churches and cathedrals in the early period.

Skipping ahead from the 1200s up to the 1400s, Sweden joined Denmark and Norway in a union of the skandinavian kingdoms called the Union of Kalmar, which was dominated by Denmark. Under Gustav Erikson, later King Gustav I Vasa, Sweden (and Finland) left the Kalmar Union in 1523. Gustav Vasa profoundly changed the Swedish monarchy, weakening the power of the nobility and church to enhance his own power. Following a dispute with the Pope about the appointment of Bishops, Gustav allowed the spread of the Lutheran church in his kingdom. This period also saw the administration of the provinces in Finland come under the supervision of royally appointed bailiffs, rather than being administered by local Bishoprics and noble families (who tended to be Germans appointed by pre-Kalmar kings).

Following Gustav I, his sons Eric XIV and John III ruled. John originally ruled as Duke of Finland during his brother’s reign, and used his power base in Finland to depose his mentally unstable brother. John had strong catholic sympathies, and under his reign and that of his son Sigismund, Sweden would see the reintroduction of many Catholic ceremonies and the drift back towards Catholicism being the state religion.

Sigismund was troubled in that his Catholicism as well as his duties as King of the Polish-Lithuanian Commonwealth put him at odds with his Swedish nobles, and he was deposed in turn in favor of Gustav I’s youngest son Charles IX. During this conflict in Sweden proper, the provinces of Finland saw what has been called the Cudgel War, where peasants rebelled against burdensome and exploitative nobles and military garrisons. Charles IX expressed support for the peasantry, but his forces were engaged fighting Sigismund in Sweden.

The period of Charles IX reign would see the lessening of the old rivalry with the Russian principalities (Muscovy was descending into the Time of Troubles) and a heightening of rivalry with Poland-Lithuania ruled by the disgruntled Sigismund who never relinquished his claim to the crown of Sweden. In fact, this period would see Russia as the playground for Polish and Swedish invasions and puppet Czars (something never mentioned in discussions of Charles XII/Napoleon/Hitler).

Charles IX was succeeded by his illustrious son Gustav Adolph, also known by his latinized name Gustavus Adolphus. Gustav Adolph’s reign saw the conquest of Skane from the Danes by the young monarch, an extended war against his cousin, Sigismund, in Prussia, and eventually Swedish intervention in the 40 years war. During this long period of war, Finnish cavalry regiments known as Hakkapeliitas made a name for themselves for their endurance and savagery. Actually, Jean Sibelius wrote a concerto about them known as the Hakkapeliita March.

At the end of Gustav Adolph’s reign, Sweden could be considered one of the “great powers” of Europe to come out of the 40 years war, along with France.

However, Swedish strength would ebb away with the reforms of Peter the Great of Russia. King Christian XII fought the Russian Czar to a standstill in the early phases of the Great Northern War in 1700, but the Swedish monarch made the drastic mistake of engaging in a long and inconclusive war with Poland while the Russians recouped their strength. The result was Russia took over the territory of Estonia, gained access to the Gulf of Finland including the site on which St Petersburg was constructed, as well as the loss of Viipuri/Vyborg, the lynchpin of the eastern defenses of Finland.

Finally, Sweden would lose the entirety of Finland in the 1808-09 Finnish War.


American intervention in the Russian Civil War:

DDD0918489TAmerican involvement in Russia was part of an Allied Intervention into Russia rather than an actual invasion. President Wilson authorized limited military force in Russia but no formal declaration of war was ever authorized by the American Congress. Wilson ordered 5,000 men to occupy Arkhangelsk and around 8,000 to Vladivostok, a port city on the far eastern reaches of Russia. The American “expeditionary” forces were not part of a concerted American war effort but rather an American commitment made out of the emerging European debates that followed the First World War. Wilson was also known to use limited occupational forces to achieve political goals. One example is his 1914 occupation of the Mexican port city Veracruz to influence the success of a U.S. friendly Mexican government, obviously Veracruz is a different story but it demonstrates that Wilson used Executive power to authorize military occupations that were not necessarily outright invasions or declarations of war.

Importantly the number of around 13,000 thousand American soldiers was considerably less than the commitments of Czechoslovakia’s (50,000), France’s (12,000) and Britain’s (40,000). Moreover the strategic importance of the areas occupied by America were also minor in comparison to other zones of conflict and the role of America was manifestly less significant than the contributions of her Allies. General Graves who commanded the American contingent present in Siberia (American Expeditionary Force Siberia) had the aim of protecting American military equipment and American capital investment that was still in Russia after the abdication of Tsar Nicholas II. Graves’ other objectives included safe guarding the exit of the Czech legion from Russian territory and to assist the reorganization of the new Russian government.

You have to take into account that Russia in 1918 was vastly different from the Communist state that we understand it to have been throughout the twentieth century. In 1918 it was not clear that the Bolsheviks would emerge as victors, the Red Army faced opponents on four fronts to control a comparatively small area compared to the huge country we know Russia is today. The map I’ve linked at the bottom shows the extent of Bolshevik control in 1919, Archangelsk is just at the top, Vladivostok where most of the Americans were stationed is located thousands of kilometers to the east and Americans stationed there engaged in a limited role against Russian Cossacks, a group separate to the Revolutionary Bolsheviks.

Wilson’s motivations for sending American troops were numerous but stemmed from his willingness to see through his own vision for a post war peace process. He was pressured by allies to commit to Russian intervention and he likely did so in a diplomatic measure to ensure he had some leverage in the Paris Peace Conference in 1919. Undoubtedly Wilson was more concerned with fostering a democratic environment in Europe (and protecting physical American interests in Russia) rather than in participating in a huge mobilization against Russia after the toll of the First World War. The intervention was certainly no secret, Congressmen, Newspapers and Citizens were alert to the experiences of American soldiers stationed in the frozen port cities and campaigned for the men to be returned. Generally Americans opposed intervention and largely felt that their commitment in the First World War had been sufficient enough in aiding allied European nations. Additionally many Americans did not share the international spirit that Wilson pushed in the post-war peace conferences. President Warren Harding who followed Wilson’s administration condemned the intervention as a complete mistake.

Here are a couple of good sources if you want to develop some of the ideas that I’ve written here:

(It wasn’t an invasion, it was an intervention authorized by the President and not Congress and the American people knew about it.)

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*Maybe the best quick read to get the bet settled that isn’t a wikipedia article.

*The introduction here will help you get a better idea on some of the context surrounding the intervention.


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Viet Cong prisoner with mouth and eyes taped, Vietnam, by Paul Schutzer; ca. 1965.

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Hobby Lobby SCOTUS Ruling:

The Supreme Court ruling on BURWELL, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. v. HOBBY LOBBY STORES, INC. has now opened up the precedent (ignoring how narrowly tailored the ruling was to only contraception) that under the RFRA, even if its a compelling government interest, the state cannot mandate any firm with sincere religious beliefs to carry out a requirement, so long as the government can pick up the slack? It seems like the least restrictive means will always be making the government do it instead and not restrict at all anyone’s religious beliefs.

On page 46 of the opinion, Alito writes: “Our decision should not be understood to hold that an insurance-coverage mandate must necessarily fall if it conflicts with an employer’s religious beliefs. Other coverage requirements, such as immunizations, may be supported by different interests (for example, the need to combat the spread of infectious diseases) and may involve different arguments about the least restrictive means of providing them.”

This certainly leaves open the possibility that the Court could rule differently on the “least restrictive means” issue in the future, but his language in section V-B, which discusses the “least restrictive means” test, seems to indicate that it is a difficult standard to pass. On page 41 of the opinion, he indicates that “the most straightforward way of [meeting the least restrictive means test] would be for the Government to assume the cost.” He also says that “HHS has not shown … that this is not a viable alternative.” This seems to indicate that if such a challenge were to come up regarding vaccination or blood transfusions, or whatever else, the burden would be on the Department of Health and Human Services to show that it would be impractical for the Government to cover the cost. That would be quite the burden for the Government to prove.

Ginsberg seems to agree with that reading in her dissent. On page 29 on the dissent, she writes, “And where is the stopping point to the ‘let the government pay’ alternative? Suppose an employer’s sincerely held religious belief is offended by health coverage of vaccines, or paying the minimum wage, … or according women equal pay for substantially similar work…? Does it rank as a less restrictive alternative to require the government to provide the money or benefit to which the employer has a religion-based objection?” In addition to indicating that the Court’s logic could prove problematic in the future, she asserts that it is flawed at present, saying, “In sum, in view of what Congress sought to accomplish, i.e., comprehensive preventive care for women furnished through employer-based health plans, none of the proffered alternatives would satisfactorily serve the compelling interests to which Congress responded.”

I agree with Justice Ginsberg on many points here, especially the last few pages of her dissent. Justice Alito attempts to narrow his ruling as much as possible, but leaves a lot of questions unanswered as to the basis for his narrow ruling. To me, the most compelling arguments come from sections III-4 and IV (pages 27-35) of Ginsberg’s dissent. She basically asserts that the Court’s ruling has much broader implications than it intends, and poses quite a few questions about the basis for the narrow ruling.

I am also inclined to agree with her reasoning that the Court should have no business in determining which religious views are legitimate and which are not, and that religious exemptions from generally applicable law should be reserved for groups that are organized “for a religious purpose” and/or “engaged primarily in carrying out that religious purpose”.

The Supreme Court ruling can be found here: http://www.supremecourt.gov/opinions/13pdf/13-354_olp1.pdf

Justice Ginsburg’s dissent here: http://www.scribd.com/mobile/doc/231974154