Speech or Religion?

I wrote several times, I’m pretty sure, that I thought the Masterpiece Cakeshop case would be argued by Jack Phillips’ attorney, and would ultimately be won, as a case about compelled artistic expression, a violation of the First Amendment’s speech clause. Free speech and compelled expression precedents are more strongly in Phillips’ favor than the current state of the law on free exercise of religion. Or so I thought.

I stand by that, but I’ll admit that the justices asked some pretty skeptical “where do we draw the line” questions about when or whether a cake is expressive, when a craft is art, and stuff like that (the last clause is my fudge factor — I’m not going back to review the transcript of argument again).

[Digression: I don’t think they’d have asked those skeptical questions had the case not implicated our newest Super-Right, the right to have everyone in every way affirm your every expression of your every sexual (and “gender”) whim. So it appears that the law of the land has another distortion factor baked into it: an LGBT distortion factor has taken root, joining the original abortion distortion factor (“no legal rule or doctrine is safe from ad hoc nullification by this Court when an occasion for its application arises in a case involving state regulation of abortion”) and a little-remarked creationist distortion factor (Creationists categorically lose cases involving science teaching—and intelligent design advocates get labeled “Creationists”).]

But I do disgress. I wrote today because someone I respect thinks, after scrutinizing the Masterpiece Cakeshop oral arguments, that the case could turn on the free exercise of religion after all.

Mark Bauerlein and Mark Movesian recently chatted about this on the First Things podcast. Bauerlein is no lawyer, but Movesian is a law prof, and he thinks Anthony Kennedy may smell blood in the water: a lack of neutrality or of general applicability in the Colorado law, which could be fatal under Employment Division v. Smith‘s new test for free exercise violations (the “when does the constitution create a religious exemption to a law” question).

The lack of neutrality (e.g., gerrymandering to target an unpopular religion) has been fatal in only one famous case since Employment Division v. Smith, to the best of my recollection: a case involving Hialeah Florida targeting the Santeria religion, Church of the Lukumi Babalu Aye v. City of Hialeah. But general applicability has been a wider problem, because, basically, religion gets an exemption if anyone gets an exemption, and our laws typically are riddled with “small business,” “Mrs. Murphy’s Boarding House” or other piddly little exemptions that someone lobbies for powerfully or that seem fair to legislators.

So here’s the problem: Colorado has, on something like three occasions, exempted cake bakers from making cakes that opposed gay rights or same-sex marriage. I assume those cakes were sought by provocateurs who, frankly, I would have dismissed as misguided and counterproductive (I actually may have so dismissed them). But by asking for a Bible-shaped cake with a Romans 1 “Clobber Passage,” the provocateurs may have turned refusal into “anti-Christian discrimination.”

Not only did those other three bakers win on the basis of dubious distinctions from the Masterpiece Cakeshop case, but a couple of Colorado’s Civil Rights Commissioners slung some bigoted-sounding remarks at Jack Phillips, with which Justice Kennedy grilled Colorado’s attorney. (Pro Tip: Do not let any mean words pass your lips if Anthony Kennedy may eventually be judging your case.)

I’ve taken more time than intended hyperlinking to terms of art and cases that not all readers may know, so I’ll wrap up.

Bauerlein, the non-lawyer, was delighted to think this might be decided on free exercise of religion grounds. I disagree. I would consider it remarkable and disheartening if Jack Phillips won on “an oopsie!”—catching the Colorado Civil Rights Commission in an inconsistent application of its facially neutral and exceptionless law—because that would be a narrow decision where I’d like, the cases that have built up in this area need, and the Supreme Court normally delivers, something bigger and more definitive than “this one Colorado law was applied to Jack Phillips in an nasty and inconsistent, and therefore unconstitutional, manner.”

The country doesn’t get a lot of guidance out of that on how to behave in the future, and what guidance it does get tends toward “use some guile and maintain plausible deniability when you stick it to Christian bigots.”

But if Colorado’s “oopsie” prompts overruling of Antonin Scalia’s nadir, his new free exercise test in Employment Division v. Smith, and restoration of the status quo ante, the Wisconsin v. Yoder free exercise test, I would be stunned and very, very happy.

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Some succinct standing advice on recurring themes.

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Toxins and antidotes

I encountered one of this quotes before and may have shared it, but now I’ve read the whole article:

When I was at Yale in the 1980s, I was given so many tools for understanding the world. By the time I graduated, I could think about things as a Utilitarian or a Kantian, as a Freudian or a behaviorist, as a computer scientist or a humanist. I was given many lenses to apply to any one situation. But nowadays, students who major in departments that prioritize social justice over the disinterested pursuit of truth are given just one lens—power—and told to apply it to all situations. Everything is about power. Every situation is to be analyzed in terms of the bad people acting to preserve their power and privilege over the good people. This is not an education. This is induction into a cult, a fundamentalist religion, a paranoid worldview that separates people from each other and sends them down the road to alienation, anxiety, and intellectual impotence.

Now that I have thoroughly depressed you, let me end with a few rays of hope and some thoughts about what can be done. I began this lecture with a discussion of the fine-tuned liberal democracy, which is the hypothesis that human beings are unsuited for life in large diverse secular democracies, unless we can get certain settings finely adjusted. I think this hypothesis is true, and I have tried to show that we have stumbled into some very bad settings. I am pessimistic about our future, but let me state clearly that I have low confidence in my pessimism. It has always been wrong to bet against America, and it is probably wrong to do so now …

[I]f you want more hope, let me tell you why I think things are going to start to improve on university campuses, beginning in the fall of 2018: because as things get worse on campus, more people are beginning to stand up, and more people are searching for solutions. Some college presidents are starting to stand up. They all know they are sitting on a powder keg, and they want to defuse it. Also, they are generally liberal scholars, deeply opposed to illiberalism …

Professors are starting to stand up, too. At Heterodox Academy, we started with 25 members two years ago; now we have over 1,400, evenly balanced between left and right. We got a big surge of members after the violence at Middlebury because that was a tipping point. Professors are overwhelmingly on the left, but they are mostly liberal Left, not illiberal. My field—social psychology—for example, is quite sane. I have been raising the alarm about political imbalance and orthodoxy since 2011, and so far nothing bad has happened to me …

And most importantly, some students are beginning to stand up. At Reed College, one of the most politically orthodox schools in the country, social-justice activists had been protesting and disrupting the first-year humanities course for more than a year. They called the course an act of white supremacy because it focused on dead white authors. They said the course was traumatizing to non-white students. They brought their signs and chants into the classroom every day, making it hard for professors to teach or for students to learn. Many Reed students and professors objected, but none dared to do so publicly, lest they be called racist themselves. Finally, this fall, several Asian students stood up, criticized the protesters, and asked them to stop interfering with their education. Once these students stood up, support for the protesters collapsed. Many people had been going along out of fear, rather than conviction.

(Jonathan Haidt) This edited transcript of Haidt’s Wriston Lecture for the Manhattan Institute, delivered on November 15 has much more of worth than I have quoted, including analysis of how we got so polarized. A hint: I left the GOP in 2005, but there was handwriting on the walls ten years earlier (which I did not notice.)

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Some succinct standing advice on recurring themes.

Where I glean stuff.

Gun Control

I began this blog many weeks ago, forgot it, but now finish in pared-down form.

I wonder to what extent the visceral anger at “thoughts and prayers” is a way of expressing fear and anger at our inability to control irruptions of evil into our ordered lives.

(Rod Dreher)

***

When a tragedy occurs — particularly one that involves gun violence, like Sunday’s mass shooting in Texas — two things are quite predictable in the aftermath: First, lots of people, including politicians, will offer their “thoughts and prayers.” And second, an increasingly large cadre of critics will react to these offerings of “thoughts and prayers” with outrage.

Why? It seems people think “thoughts and prayers” are a lazy substitute for embarking on some real political action that might help prevent such tragedies from occurring in the future …

Contrary to the enraged certainties of many anti-gun liberals, there are actually few policies we know of that could serve as easy remedies to things like gun massacres …

The urgency and vigor of those who despise the notion of “thoughts and prayers” would only be justified in their reaction if there were indeed a magic button we could push to fix the problem tomorrow. And there isn’t.

But there’s something more fundamental at play. This isn’t just about guns. It’s about how we see political action. The implicit, maybe unconscious, but clear premise of the anti-“thoughts and prayers” line is that the only proper response to bad things happening is always political action. But turning everything into a political battle ensures that every single issue will become a conflictual one, leading to the progressive fraying away of social norms and of the belief in shared American values — which is what allows for political debate to begin with.

(Pascal-Emmanuel Gobry, In defense of ‘thoughts and prayers’)

Derision of prayer and demands (tacit or explicit) for legislative magic are extensions, it seems to me, of our broadly modern notion that the public square is full of “problems” that need scientific or political “solutions.” I believe a ban on semi-automatic weapons would lower mass murder rates very slowly at best, with the interim full of demands for banning private gun ownership entirely—or so I expect gun owner suspicions run. They’d rather endure the evil of occasional mass murder than face that prospect.

No solution

Insofar as the gun control cause is “liberal,” and liberalism is most famously instantiated in the Democrat party, this seems like a very bad issue for Democrats serious about regaining some political power:

  • We have no answers, and perhaps no real concern, for the economic and social pain of you Trump voters.
  • We despise your prayers.
  • We want to take away the guns you so bitterly cling to.

Were I still a Republican, I’d be thrilled at such folly.

***

What do the perpetrators of the massacres at Sandy Hook, at Aurora, at Orlando, and at Sutherland Springs have in common? They were all men under 30 and they all used versions of the same kind of firearm, the AR-15, the semi-automatic version of the military’s M-16 and the bestselling gun in America.

It might be difficult to make this connection because as I write this, the section on the use of AR-15s in mass killings has been deleted from Wikipedia by a user called Niteshift36, who claimed that including such a section at all was inherently biased. According to his user profile, this no-doubt scrupulous and disinterested editor of the world’s most widely used work of reference is “proud to be an American,” “a native speaker of the English language,” “skeptical of anthropogenic global warming,” and “supports concealed carry laws.” He is also a veteran, a Tom Clancy and 24 fan, someone who thinks we should “say NO to political correctness,” and a self-professed “Jedi.”

With all apologies to Jedi Master Niteshift36, this is ridiculous. If the killers had all worn Mickey Mouse sunglasses or been found with Metallica tattoos, it would be considered noteworthy. It’s not biased except in the sense that reality itself is biased against childish gun enthusiasts. But whether he wins his edit war or nay, he has done a great service by reminding us what we’re dealing with whenever we try to argue. He fits a profile, of revoltingly adolescent, video game-addicted LARPers who think that their hobby of playing dress-up with murder weapons is a constitutional right.

The AR-15 is not just a gun. It is a hobby, a lifestyle, an adolescent cult …

(Matthew Walther, The adolescent cult of the AR-15)

Lest you think Walther’s mocking approach nearly as useless as prayer, be assured that this is aimed right at the source of the problem:

Lewis does not apologize for the fact that The Screwtape Letters is an entertaining and amusing read. Indeed in the opening pages he quotes Martin Luther and St. Thomas More on the need to take Lucifer lightly. Luther says, “The best way to drive out the devil, if he will not yield to texts of Scripture, is to jeer and flout him, for he cannot bear scorn.” For his part, St. Thomas More writes, “The devil…that proud spirit…cannot endure to be mocked.”

(Dwight Longnecker, Laughing at Lucifer with Lewis) Walther:

Which is why I am not optimistic about our ability to pass any kind of meaningful legislation. The Republican Party owes too much of its support to people whose economic well-being it gleefully neglects but whose ill-considered attachments to dangerous toys it has safeguarded as a kind of poisoned consolation prize. Nor do I think that if we were somehow able to ban the manufacture, sale, and possession of all such weapons and carry out a more or less successful confiscation scheme we would never see anything like what happened in Sutherland Springs again. The real causes are chthonic; AR-15s are only the accidents that have in many cases enabled them.

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Some succinct standing advice on recurring themes.

Not without friction

This afternoon, Migranyan was lecturing on Putin’s speech at the 2007 Munich Conference on Security Policy, a speech that seems to be Russia’s sole post-Soviet ideological document—and key to understanding how the relationship between Russia and the U.S. reached today’s nadir. Putin, still a painfully awkward speaker at the time, was seven years into his now nearly two-decade reign. Eighteen years prior, in 1989, he had been a KGB officer stationed in Dresden, East Germany, shoveling sensitive documents into a furnace as protesters gathered outside and the Berlin Wall crumbled. Not long after that, the Soviet Union was dead and buried, and the world seemed to have come to a consensus: The Soviet approach to politics—violent, undemocratic—was wrong, even evil. The Western liberal order was a better and more moral form of government.

For a while, Putin had tried to find a role for Russia within that Western order. When Boris Yeltsin, Russia’s first post-Soviet president, named him his successor in 1999, Russia was waging war against Islamist separatists in Chechnya. On 9/11, Putin was the first foreign leader to call President George W. Bush, hoping to impress on him that they were now allies in the struggle against terrorism. He tried to be helpful in Afghanistan. But in 2003, Bush ignored his objections to the invasion of Iraq, going around the United Nations Security Council, where Russia has veto power. It was a humiliating reminder that in the eyes of the West, Russia was irrelevant, that “Russian objections carried no weight,” as Migranyan told his students. But to Putin, it was something more: Under the guise of promoting democracy and human rights, Washington had returned to its Cold War–era policy of deposing and installing foreign leaders. Even the open use of military force was now fair game.

In 2007, speaking to the representatives and defenders of the Western order, Putin officially registered his dissent. “Only two decades ago, the world was ideologically and economically split, and its security was provided by the massive strategic potential of two superpowers,” Putin declaimed sullenly. But that order had been replaced by a “unipolar world” dominated only by America. “It is the world of one master, one sovereign.”

A world order controlled by a single country “has nothing in common with democracy,” he noted pointedly. The current order was both “unacceptable” and ineffective. “Unilateral, illegitimate action” only created “new human tragedies and centers of conflict.” He was referring to Iraq, which by that point had descended into sectarian warfare. The time had come, he said, “to rethink the entire architecture of global security.”

This was the protest of a losing side that wanted to renegotiate the terms of surrender, 16 years after the fact. Nonetheless, Putin has spent the decade since that speech making sure that the United States can never again unilaterally maneuver without encountering friction—and, most important, that it can never, ever depose him.

“You should have seen the faces of [John] McCain and [Joe] Lieberman,” a delighted Migranyan told his students, who appeared to be barely listening. The hawkish American senators who attended Putin’s speech “were gobsmacked. Russia had been written off! And Putin committed a mortal sin in Munich: He told the truth.”

The year that followed, Migranyan said, “was the year of deed and action.” Russia went to war with neighboring Georgia in 2008, a move that Migranyan described as a sort of comeuppance for NATO, which had expanded to include other former Soviet republics. But Western encroachment on Russia’s periphery was not the Kremlin’s central grievance.

The U.S., Migranyan complained, had also been meddling directly in Russian politics. American consultants had engineered painful post-Soviet market reforms, enriching themselves all the while, and had helped elect the enfeebled and unpopular Yeltsin to a second term in 1996. The U.S. government directly funded both Russian and American nongovernmental organizations, such as the National Endowment for Democracy, to promote democracy and civil society in Russia. Some of those same NGOs had ties to the so-called color revolutions, which toppled governments in former Soviet republics and replaced them with democratic regimes friendly to the West.

Putin’s Munich doctrine has a corollary: Americans may think they’re promoting democracy, but they’re really spreading chaos. “Look at what happened in Egypt,” Migranyan said, beginning a litany of failed American-backed revolutions. In 2011, the Egyptian strongman Hosni Mubarak stepped down following protests the U.S. had supported, Migranyan contended. But after “radical Islamists” won power democratically, the U.S. turned a blind eye to a military coup that deposed the new leaders. Then there was Libya. “You toppled the most successful government in North Africa,” Migranyan said, looking in my direction. “In the end, we got a ruined government, a brutally murdered American ambassador, chaos, and Islamic radicals.”

“If we count all the American failures, maybe it’s time you start listening to Russia?,” Migranyan said, growing increasingly agitated. “If [Syrian President Bashar al-Assad] has to go, then who comes in, in place of Assad? … Don’t destroy regimes if you don’t know what comes after!”

(Julia Ioffe, What Putin Really Wants, Atlantic)

This is a very long article, in which I was watching for what Putin really wants according to Ioffe. I have a somewhat biased eye, but this was the best I could come up with (although there are echoes of it as well):

Putin has spent the decade since that speech making sure that the United States can never again unilaterally maneuver without encountering friction—and, most important, that it can never, ever depose him.

Judge for yourself whether his fears are realistic. I’ve made my judgment.

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Some succinct standing advice on recurring themes.

Where I glean stuff.

280 x 2 > enough

Sometimes, Twitter’s 280 characters is a wonderfully capacious:

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Some succinct standing advice on recurring themes.

Where I glean stuff.

Flash! Tax cuts are popular

Wednesday afternoon, seated in a carwash waiting room, I watched Republicans abasing themselves right there on network television in a scene best summed up as Fifty Shades of Orange. They were faking the 2017 version of Rush Limbaugh’s evocative “Gorbasm,” with you-know-who in the roll of Gorbachev.

The reactions to the Republican Tax Bill seemed odd to me even before then. The Republicans seemed to be overselling the benefits, but the Democrats seemed even more to be overselling how the fallout was going to make the GOP toxic in 2018.

It won’t. Peggy Noonan explains:

[T]he bill is going to prove popular. The Democrats bet wrong on this. Almost immediately on passage, Wells Fargo and Fifth Third Bancorp announced a raise in their lowest wage to $15 an hour. AT&T said it would give about 200,000 unionized workers a $1,000 bonus and increase capital spending $1 billion. Comcast said it would give 100,000 employees bonuses and spend more than $50 billion in infrastructure improvement.

You can sit back in your sophisticated way and say, “Hmm, that looks like a curiously orchestrated public relations push.” You can say, “How nice, the malefactors of great wealth are giving their workers a little tip.” You can wonder if they’re spreading cheap good cheer to grease their mergers. But if you are working the line in Smalltown, U.S.A., and just got bumped up to $15, or you’ve been surprised by an unexpected thousand dollars at Christmastime, you will see this not as a tip but as a real and concrete break, thanks to that most unexpected of benefactors, the U.S. government.

Who cares about CEOs’ motives if they’re doing something good?

It is true the tax bill is not popular in the polls. A recent Wall Street Journal/NBC survey put support at 24% with 41% opposing it. But here’s something I’ve been meaning to mention for a while: During the Reagan era, I noticed a funny thing about public opinion and tax policy. When you run for office and promise you’ll cut taxes, the crowd cheers lustily. Then once in office you put together a tax bill and the polls show public support is lukewarm. Then you pass it and its popularity bubbles around in the polls. Then an election comes and you win and the voters tell pollsters they backed you because you cut taxes. There are a lot of reasons this might be—a campaign vow is intentional and abstract, a final bill is real and messy—but I suspect there’s something in this: Voters don’t like to tell pollsters they’re for tax cuts. They have the feeling it’s the wrong position, that it’s small-minded and if they were nicer, they’d be less self-interested.

Anyway, polling doesn’t matter right now. Down the road it matters.

(Peggy Noonan, paywalled as usual)

If the Republicans are toxic in 2018, as they may well be, it won’t be because they cut taxes for most taxpayers. Not even if taxpayers in higher brackets get cuts that put proportionately more dollars back in their pockets. Yes, Virginia, even an across-the-board cut of, say, 10% on rates benefits higher-bracket taxpayers more than lower-bracket taxpayers; a 10% cut on a 20% marginal rate is 2%, but it’s 3% on a 30% marginal rate. This is not rocket science nor does it seem sinister to me.

I’m not an enthusiastic supporter of the Bill, which almost certainly is not a major simplification, but I agree with Noonan that the Democrats are whistling in the dark.

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Some succinct standing advice on recurring themes.

Where I glean stuff.

Integrity

                                                    But to behave like a cogwheel
When one knows one is no such thing,
Merely to add to a crowd with one’s passionate body
Is not a virtue.

(First Shepherd, The Vision of the Shepherds, part of the “Christmas Oratorio” For the Time Being, by W.H. Auden)

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Some succinct standing advice on recurring themes.

Where I glean stuff.

Revival isn’t inevitable

It brought to mind a conversation I had last night, out with friends. We were talking about the degeneration of stable ideas of family, sex, and gender. One of my friends, a lawyer, cited Stein’s Law: “Whatever can’t go on, won’t.” His point is that the gender ideology madness is bound to burn itself out, because it is incompatible with reality, and therefore unsustainable, in the same sense that communism was unsustainable. I suspect he’s right about that, but it’s going to take a long time for that to happen, because gender ideology fits so perfectly with the basic ideology of our time: autonomous individualism, which is to say, Anthonykennedyism: The belief that one is entitled to define one’s own concept of existence, of meaning, or the universe, and of the mystery of human life.

In response to this, I pointed out that Stein’s Law has not predicted social conditions for the black underclass in America. Since midcentury, the black unmarried birth rate has soared. When the Moynihan Report came out in the 1960s, 25 percent of black births were to unmarried women — far higher than the white rate. Now the black rate, as I said, is over 70 percent, and the white rate is higher than the black rate in the 1960s.

The bad social outcomes of this phenomenon have not retarded its growth for any demographic group. As out-of-wedlock childbearing becomes intergenerational, so does poverty …

It’s straight out of Charles Murray’s worst nightmare …

These are the people middle class and upper middle class folks don’t see. They don’t come into this world ineducable or doomed to dysfunction. They are crippled mostly by culture. The mystery is why these cultural habits persist, even though the outcomes for the children raised in it are so poor. According to the theory, people should recognize that living in this particular way means suffering and misery, so they will change their views and their way of life to live in a more sensible way. But that clearly does not happen often, or at least not often enough. Why?

The point I’m trying to make is that the belief that cultural revival is inevitable, because people will inevitably turn away from destructive ideas and behavior, strikes me as insupportably optimistic. People are not reliably rational actors. Civilization is a far more fragile thing than we suppose ….

(Rod Dreher)

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Some succinct standing advice on recurring themes.

Where I glean stuff.

Our inhumane space fixation

This obsession with space is ridiculously adolescent. It is also vicious and inhumane, and founded upon a universally shared misapprehension.

Which is that there aren’t already aliens everywhere. We have all had close encounters of the first and second kinds and, occasionally, the third. As I write this thousands of them are shivering in doorways or under scaffolding in Manhattan and San Francisco, mumbling and screaming because they have spent years of their lives being silently urged to participate in the fiction of their own non-existence, and hundreds of thousands more are wearing MAGA hats and collapsing into ambulances in Ohio and Rhode Island and New Hampshire. I remember one from middle school, though I never once spoke to her, who smelled and wore bad clothes and had no friends; boys teased her for carrying around a Cabbage Patch doll. When she disappeared one day, no one noticed; later we learned that every afternoon after being either bullied or ignored at school she went home, where her uncle raped her.

The vastness of space is a meaningless void. The world we already have, of all things visible and invisible, is strange and mysterious and shot through with more beauty and majesty and brokenness and pain than we know how to account for, much less take care of. Let’s stop ignoring it.

(Matthew Walther, America’s alien freakout)

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Some succinct standing advice on recurring themes.

Where I glean stuff.

We have always been at war with Eastasia

I have alluded from time to time to America’s unclean hands in tensions with Russia and/or Vladimir Putin, and specifically to our expansion of NATO right up to Russian borders.

Wednesday, I learned that it’s worse than that. We weren’t acting obliviously. The first Bush administration specifically argued that it was in Russia’s interests that the reunited German be in the NATO orbit, but that NATO would expand no further:

When Gorbachev signaled that unlike his predecessors he had no intention of using force to maintain the Soviet Empire, it almost immediately disintegrated. With that, momentum for German reunification became all but irresistible.

By the end of 1989, the issue facing policymakers on both sides of the rapidly vanishing Iron Curtain was not whether reunification should occur, but where a reunited Germany would fit in a radically transformed political landscape … No one—including German Chancellor Helmut Kohl—thought it a good idea to allow this new Germany to become a free-floater, situated in the center of Europe but untethered from the sort of restraints that the Cold War had imposed.

For Washington, London, and Paris, the solution was obvious: keep the Germans in a warm but firm embrace. Ensuring that a united Germany remained part of NATO would reduce the likelihood of it choosing at some future date to strike an independent course.

The challenge facing the Western allies was to persuade Gorbachev to see the wisdom of this proposition …

To make that prospect palatable, the Bush administration assured the Soviets that they had nothing to fear from a Western alliance that included a united Germany. NATO no longer viewed the USSR as an adversary. Apart from incorporating the territory of the former East Germany, the alliance was going to stay put. Washington was sensitive to and would respect Russia’s own security interests. So at least U.S. officials claimed.

Thanks to newly declassified documents published by the National Security Archive, we now have a clearer appreciation of just how explicit those assurances were. Among the documents is the transcript of an especially revealing conversation between Gorbachev and Secretary of State James Baker in Moscow on February 9, 1990.

… [T]here was no need for Gorbachev to trouble himself about NATO …

“We understand,” Baker continued, “that not only for the Soviet Union but for other European countries as well it is important to have guarantees that if the United States keeps its presence in Germany within the framework of NATO, not an inch of NATO’s present military jurisdiction will spread in an eastern direction [emphasis added].” …

Gorbachev replied, remarking only that “it goes without saying that a broadening of the NATO zone is not acceptable.”

To which Baker responded: “We agree with that.

Later that very year German reunification became an accomplished fact. By the end of the following year, Gorbachev was out of a job and the Soviet Union had become defunct. Before another 12 months had passed, Baker’s boss lost his bid for a second term as Americans elected their first post-Cold War president. By this time, countries of the former Warsaw Pact were already clamoring to join NATO. The administration of Bill Clinton proved more than receptive to such appeals. As a consequence, the assurances given to Gorbachev were rendered inoperative.

NATO’s eastward march commenced, with the alliance eventually incorporating not only former Soviet satellites but even former Soviet republics … apparently assuming that Kremlin leaders had no recourse but to concede.

… Clinton’s successors even toyed with the idea of inviting Georgia and Ukraine to join NATO …

At that point, a Kremlin leader less trusting of the West than Gorbachev had been decided that enough was enough. Vladimir Putin, a very nasty piece of work but also arguably a Russian patriot, made it clear that NATO’s eastward expansion had ended. Putin’s 2008 armed intervention in Georgia, annexation of the Crimea in 2014, and multiple incursions into Ukraine beginning that same year elicited howls of protest from the Washington commentariat. Putin, they charged, was trampling on the “norms” of international conduct that were supposed to govern behavior in the post-Cold War world.

But Putin was not wrong to observe that the United States routinely exempted itself from any such norms when it perceived its own vital interests to be at stake

Today’s NATO consists of 29 nations, nearly double what its membership was when Secretary Baker promised Gorbachev that the alliance would not advance a single inch eastward …

In today’s Washington, where Russophobia runs rampant, it has become fashionable to speak of a New Cold War, provoked by Putin’s aggressive actions. Yet if we are indeed embarking upon a new age of brinksmanship, we can trace its origins to 1990 when Putin was merely a disgruntled KGB colonel and we were playing the Soviets for suckers.

In his meeting with Gorbachev, Baker expressed regret about the victorious allies mismanaging the opportunity for peace created by the end of World War II. A similar judgment applies to the opportunity for peace created by the end of the Cold War. Upon reflection, the United States might have been better served had it honored its 1990 commitment to Gorbachev.

(Andrew J. Bacevich, emphasis added)

But we have always been at war with Eastasia, haven’t we?

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Some succinct standing advice on recurring themes.

Where I glean stuff.