Update no.1025

Update from the Sunland

No.1025

30.8.21 – 5.9.21

Blog version:  http://heartlandupdate.blogspot.com/

 

            To all,

 

At 13:30 [T] MST, Monday, 30.August.2021 {00:30 [D], 31.August.2021}, General Kenneth Franklin McKenzie, Jr., USMC [Citadel 1979], Commander, U.S. Central Command, announced the conclusion of the Non-combatant Evacuation Operation (NEO) from Afghanistan, that had formally begun on 14.August.2021. Thus ended the occupation phase of the War on Islamic Fascism in Afghanistan [0014]. Within 48-hours of the NEO order execution, the facts on the ground changed significantly. We had gone from cooperating on security with a long-time partner and ally, to initiating a pragmatic relationship with a long-time enemy. Major General Christopher Todd ‘Chris’ Donahue, USA [USMA 1992], CG 82^nd Airborne Division, ground force commander, and U.S. Chargé d’Affaires to the Islamic Republic of Afghanistan. Ross L. Wilson turned off the lights and were the last to board the last C-17 out of Hamid Karzai International Airport, Kabul, Afghanistan. The last C-17 transport aircraft took off at 15:29 [R] EDT, 23:29 [D], 30.August.2021. General McKenzie waited until the aircraft was clear of Afghan airspace to announce the conclusion of the operation. The NEO evacuated 123,000 civilians and all of the remaining Allied military personnel. According to General McKenzie, the retrograde operation  “demilitarized” equipment at the airport prior to departure; I imagine that suggests a well-placed thermite grenade in each item. Thus, Operation ENDURING FREEDOM [0014] ended and Operation FREEDOM'S SENTINEL began [1025] – the follow-on operation to remotely deal with subsequent terrorist activities in Afghanistan.

As expected in these disturbed times of rampant tribalism, and the fractious insanity of “us versus them,” a bunch of folks point their crooked accusatory fingers at President Biden, as if he killed 13 military personnel and caused the chaos. He was handed a bag of crap by his predecessor and expected to make lemonade. I give him credit for a valiant effort, and kudos go to the women and men who executed the NEO admirably despite the odds against them.

President Biden addressed the nation and the world to mark the end of the NOE and Operation ENDURING FREEDOM. One of the things I have admired about his public rhetoric is his calm measured tone, choice of words, and clear message. For reasons I know not, he chose to abandon that admirable trait. He repeated himself several times and displayed his anger over the criticism that has been leveled at him. I thought until Tuesday that he refused to take the bait of the mindless criticism he faced. He has not attacked the Press or even his critics. Last Tuesday’s address stands as a deviation from his norm. The president must regain his control and avoid deviations in the future. History shall record that President Biden did what should have been done more than a decade ago.

 

On Wednesday, 19.May.2021, Governor Gregory Wayne ‘Greg’ Abbott of Texas signed into law the Texas Heartbeat Act (Texas SB 8). The law prohibited human abortions after a fetal heartbeat could be detected (approximately six weeks gestation) without exceptions. While the denial of a woman’s freedom of choice is significant, another aspect of the SB 8 law is the state’s abdication of enforcement and delegation of that responsibility to the populace at large, i.e., the creation of vigilantes to do what the state cannot do. The law took effect on Wednesday, 1.September.2021. That same day, a 5-4 majority of the Supremes rejected a petition for injunctive relief— Whole Woman’s Health v. Jackson [594 U.S. 21A24 (2021)]. Justice Sotomayor summarized the Court’s failure precisely. “Taken together, the Act is a breathtaking act of defiance—of the Constitution, of this Court’s precedents, and of the rights of women seeking abortions throughout Texas.” The conservative majority declared the applicants were not likely to suffer injury under the law—a terribly myopic self-serving judgment.

We often read in many Supreme Court decisions over the years about their demand that any particular case must go through the whole judicial process from the district court to the Court of Appeals, and then to the Supreme Court. Further, even when a case has made its way through the judicial process, the Supremes insist upon the case being “ripe” for their judgment. Judicial ripeness exists when the facts of the case have matured into an existing substantial controversy warranting judicial intervention [Article III, Section 2, Clause 1]. The conservative majority chose not to intervene without a ripe case, allowing Texas SB 8 to take effect.

It would be so easy to sit back and say, no worries. Roe v. Wade [410 U.S. 113 (1973)][319] does not and never has affected me. I am a male, and I cannot get pregnant. What do I care? Yes, it would be quite easy. This law and this ruling would be so bloody simple to say, not my problem. Unfortunately, I have read every word of Roe, and that ruling affects me and every American citizen regardless of gender, or any other of the social factors, whether we wish to recognize it. Beyond the stimulating issue (abortion), Roe is the definitive ruling regarding every citizen’s fundamental right to privacy and freedom of choice in their private lives. While the Jackson de facto ruling affects all of us, it affects women in Texas the most. The Jackson rejection means the state can intrude upon the most private and personal of decision by women.

Texas conservatives have sent the state backward 100+ years—regression at the extreme. They have taken the state back much farther than the 48 years of Roe. I will argue that the new Texas law takes the state back more than 150 years to the Wild Wild West when vigilantism was more the norm than the exception. By their maleficence, the SCOTUS conservative majority (less Roberts) have de facto endorsed vigilantism in Texas, and taken us to Stalinist Russia, or Gestapo Germany, or even the Thought Police of Oceania. Texas SB 8 takes the state of Texas (and other fBICP states are certain to follow) back 150 years when citizens had to become vigilantes to enforce some order in their communities. Vigilante justice was not due process under the Constitution, often proved violent and indiscriminate, and leaves the Judiciary with virtually no salient for action.

If the fBICP is so intent upon relegating all female citizens to being state-controlled human incubators and removing the freedom of choice of every female citizen, then they must create the structure and establish permanent funding to raise those children produced from such control to adulthood. The state has now become the parent.

For the record, as I have written for decades, I think abortion is a terrible, nauseating medical procedure that I truly wish never ever had to be utilized. Conversely, I think every citizen, including all women, are endowed by their creator with certain unalienable Rights that include a fundamental right to privacy and freedom of choice. I also believe the Court got it right in Roe. A key milestone in this question is extra-uterine viability (approximately 26 weeks at the time of Roe; now, more like 20 weeks). When deny those unalienable rights to anyone, we diminish those rights to all of us. We prove on a daily if not on an instantaneous basis that freedom is often ugly, disgusting, irritating, frustrating, and even revolting; but freedom is freedom. Either we have it, or we do not.

 

Then, in stark contrast with the Supreme’s failure, Presiding Judge Maya Guerra Gamble of the 459^th District Court of Texas (Travis County, Texas) issued a Temporary Restraining Order (TRO) against Texas Right to Life in the case of Planned Parenthood of Greater Texas Surgical Health Services v. Texas Right to Life [Cause No. D-1-GN-21-004632 (2021)]. Judge Gamble found that “S.B. 8 creates a probable, irreparable, and imminent injury in the interim for which Plaintiffs and their physicians, staff, and patients throughout Texas have no adequate remedy at law if Plaintiffs, their physicians, and staff are subjected to private enforcement lawsuits against them under S.B. 8.” With the TRO, Judge Gamble set a preliminary hearing for 13.September.2021, and concurrently, also set an expiration of the TRO on 17.September.2021. At least one lone state district court judge is trying to bring order from the chaos created by Texas conservatives and the conservative Supremes.

 

            Comments and contributions from Update no.1024:

Comment to the Blog:

“I've seen an estimate this morning that 300 American civilians remain in Afghanistan. The pressure from the public will result in some effort to extract them.

“The weapons and equipment we have abandoned in Afghanistan will be used against us one way or another.

“‘Protecting the Homeland’ is about 70% mythology, based on cognitive bias against the ‘other.’ 

“The end of the eviction moratorium is grossly aggravated by state and local governments' failure to distribute housing funds provided by Congress during the virus crisis. I suppose the Federal government could put pressure on those governments, but the Democratic Party wants unused stimulus funds to help pay for their proposed budgets.”

My response to the Blog:

Who knows? The USG should have created a highly classified and secure registry for citizens, green card holders, Special Immigrant Visa (SIV) holders, allies, and other persons of interest years ago, like 10+ years ago, that would have enabled us to know exactly how many and where everyone is. We do not know the stories of the remaining people. Some of them may have refused to leave for myriad reasons. Who knows? President Biden was handed a bag of crap. From my perspective, he did what had to be done and did what presidents should do—decided the objective, issued the orders, and got out of the way. Most of what President Biden is being condemned for was decided and done years ago. Huge kudos must go to the military and diplomats who executed the final withdrawal. It’s done and in the history books now. Yes, we will be working to get more people out in the days, weeks, months and years ahead. Things did not happen as they had hoped and planned, but they did their best. That phase is done; the next phase continues.

I like the term General McKenzie used; they “demilitarized” our equipment remaining at Kabul Airport. Back in my day, it would have been a well-placed thermite grenade; I do not know what they use today. What was not rendered useless had been transferred to the Afghan military years ago. Yes, we may well face some of that abandoned material again, but it will only work so long without parts and maintenance.

Your view of protecting the Homeland seems rather cynical to me. Prima facie, I cannot agree. There is nothing mythical about the need to protect the Homeland. Xenophobia has been an unfortunate reality since long before the founding of this once grand republic. It is still with us to this day. Hell, racism still exists all these years later.

Yes, the USG did its part, but the states failed to distribute the recovery funds. I think that is one of many reasons the Biden administration chose to use a 77yo law in an attempt to at least offer some relief to those most in need. I guess this is one of those instances validating the adage: you can lead a horse to water, but you can’t make him drink. If the states are not going to use the provided funding for the designated purpose, then I say withdraw the money and apply it to something more productive.

 . . . follow-up comment:

“The only piece of this I'll disagree with is what to do with the crisis housing funds. I'm not for withdrawing them; they're still dramatically needed. I'd either put pressure downstream to get those funds to tenants and landlords or set up some Federal mechanism to send that money directly.”

 . . . my follow-up response:

I have no idea why states are not distributing relief funds provided by the federal government. My point, the people who will pay the price for this dysfunction are the people least able to pay. I suspect, even if the USG tried to distribute directly, there would be more than a few states that would file suit seeking to block such action as unconstitutional overreach. Nonetheless, I am with you. The Executive tried to do something constructive, but SCOTUS wagged its finger—ah, ah.

 

            My very best wishes to all.  Take care of yourselves and each other.

Cheers,

Cap                  :-)