When Stalin was cautioned, in the immediate aftermath of World War II, that the Yalta Agreement contravened plans for the Soviet annexation Central Europe, he famously rejoined, “Never mind. We’ll do it our own way later.” So it is today for Vladimir Putin. Having resorbed Crimea with nothing more than a gaggle of pipe-wielding thugs, Vlad thought his quest to procure the rest of Ukraine would be best served by shooting down a commercial jetliner. The United States and European Union swiftly condemned the downing of Malaysia Airlines flight 17, while Taiwan, in an act of solidarity with Ukraine, crashed one of their own passenger aircraft. President Ma Ying-jeou told reporters his nation “well knows the fear and anxiety of being gobbled up by one’s hegemonic neighbor.”
In the grand timeline of history, it wasn’t long after Judge Greene broke up AT&T, that the TelCo giant began clawing back some of her severed parts. So while it may be understandable that Putin is trying to put the band back together, one is left to wonder, now that Russia’s westward creep is sharing the stage with the off-Broadway revival of the 1948 Palestine (Arab-Israeli) War, whether Mr. Peabody has set the Wayback Machine to the Truman Administration.
David Plouffe, President Obama’s 2008 campaign manager, thinks so. Plouffe called the Supreme Court’s decision in Hobby Lobby that employers who claim a religious objection are exempt from providing contraceptive coverage to employees “A 1950 decision in an America of 2014.” “The notion,” he expanded, ”that five older men will say that some business can dictate health choices… for millions of women… can be a huge issue.”
An issue more profound, however, is that the Court has firmly established itself as a purely political organization (I would concede to those that cite Bush v Gore – a ruling that erased its own precedent by virtue of being “limited to the present circumstances” – as the moment of conception), a body which comes to a conclusion based on pure ideology and then strains to defend itself by cobbling together incongruent case law fastened by flawed logic. The Hobby decision hinged on the notion that a private company’s religious beliefs were satisfactorily preserved when the government used the “least restrictive alternative” – e.g. the use of Form 700 by religious nonprofits to pass contraceptive coverage to insurance companies or third party administrators – to implement the law. Yet only days later, the court granted an emergency injunction to Wheaton College, allowing the evangelical school to refuse complying with the very Obamacare “workaround” used to support Hobby.
Wheaton contended that the mere affirmation of religious objection was anathema because it precipitated outside coverage of birth control. That’s like saying orthodox Jews can simply ignore don’t walk signs on the way to Sabbath services. While the wanton hypocrisy so blatantly displayed by the majority might be de rigueur in Congress, it didn’t sit well with the dissenters. Justice Sotomayor: “Those who are bound by our decisions usually believe they can take us at our word. Not so today. After expressly relying on the availability of the religious-nonprofit accommodation to hold that the contraceptive coverage requirement violates [the Religious Freedom Restoration Act] as applied to closely held for-profit corporations, the Court now, as the dissent in Hobby Lobby feared it might, retreats from that position.” Never mind all that high-minded verbiage; the logical extension of the Court’s dictum means investment banks controlled by Muslims could refuse to pay for porcine heart valves, entertainment companies run by Scientologists needn’t pay for anti-depressants, and bookstores owned by Christian Scientists would be excused from providing any medical coverage whatsoever. What is most disturbing is that life-long appointees are imposing their ideology with impunity, and that the rule of law is no longer sacrosanct. In effect, then, Messrs. Putin and Stalin have already extended their reach.