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29 May 2026

The Levite And His Concubine

The Biblical story of the Levite and his concubine, which is Chapter 19 of the of book of Judges in the Hebrew Bible, is an odd and shocking story. (It isn't, however, part of the Torah, and is instead part of the collection of stories that make up the remainder of what Christians call  the Old Testament, after its initial five books).

Why the Hebrews, hundreds of years later, chose to preserve this piece of legendary history, when they assembled the Hebrew Bible isn't entirely clear. It may be because it has strong parallels in the story of Lot in the book of Genesis, another case where a bunch of random men come to a house and demand the the householder surrender someone for them to rape and the household complies. Or, it may be intended to demonstrate how lawless the Levant was for the Jews in the age of judges, before they established their own proper kingdom there, as Judges 19:30 suggests.

The story of the Levite and his concubine is also cryptic. It belabors seemingly unimportant details at length, while omitting context that help the story make more sense and explain why these people acted the way that they did. Three thousand or so years removed from the setting of the story, we are left to fill in the blanks by inferring what we can from what it does say.

The story

A Levite and his concubine (whom he acquired in Bethlehemjudah, apparently from her father) visit his concubine's father, where they stay for four months and five days and were urged by her father to stay longer. But the Levite insisted on leaving for his home, together with his two donkeys, his servant and his concubine. Judges 19:1-10. His next stop was to "the house of the Lord" (presumably, his home as the Levites are the priestly class of the Hebrews). Judges 19:18.

The Levite and his party consider staying overnight in Jerusalem, but decide to go to the Jewish town of Gibeah that was part of the tribe of Benjamin, instead, because at this time (before there was a Jewish King in Israel) there were no Jews in Jerusalem. But the Levite can't find a place to stay in Gibeah. Judges 19:11-15. However, a local farmer they meet agrees to take the Levite and his party in for the night, provides them with a meal, and stables the Levite's donkeys for the night, so that the Levite and his party don't have to sleep on the streets that night. Judges 19:16-21.

Some men from the area come to the farmer's house saying that they want to rape the visiting Levite. But the farmer refuses because the Levite was under the farmer's hospitality and protection, and instead offers the hostile crowd of men his own virgin daughter, or the Levite's concubine, instead. Judges 19: 22-24. 

It isn't clear if they want to rape the Levite because they are craving gay sex, because the Levite is a stranger in the town, or because they have animosity towards the Hebrew people's priestly class.

The implication is that if the crowd of men wasn't placated with a girl or woman to rape, that they would have taken the Levite and raped him by force.

The men ultimately accept the Levite's concubine instead of the Levite himself and gang rape her all night until dawn, after which the Levite's concubine collapses on the farmer's doorstep. Judges 19:25-27. But the concubine was unable to speak when the Levite asked her to get ready to go (perhaps because she is unconscious and dying as a result of the brutal gang rape), so he put her on a donkey, finishes his trip, and when he arrives there, cuts her body into twelve pieces, and sends one piece to each of the twelve tribes of Israel (presumably to express his outrage at the situation and to protest the mistreatment of the Levite priesthood). Judges 19:28-30.

28 May 2026

How We Got Here, And Where We Might Go Next

Proximately, the U.S. is in a bad way because Trump and MAGA secured a federal trifecta and also control the U.S. Supreme Court, as well as the governmental apparatus of many states, because our laws do too little to discourage the concentration of economic power.

Political theory seeks to explain what factors in the complex political economy we live in led to this situation.

This post surveys some of the possible answers.

An institutionalist approach

An institutionalist approach is a social engineering outlook on why political systems work or do not work. It takes as an axiom the belief that the right rules and systems and organizations more or less directly produce good political economy outcomes, so reforming existing institutions is the path to a better political economy. 

This is closely aligned with a notion that the rule of law is the key to a good society, something that is an article of faith in "Western culture" (with its roots in Western Europe) and is widely rejected in "Eastern culture" (with its roots in China).

Fundamentally Broken Institutions

The U.S. Constitution, other key laws, and important institutions of political and civic society (like political parties and the media) are broken. There are deep design flaws with the status quo that can't right itself without decisive, and indeed, perhaps revolutionary change in our institutions.

Common reform proposals in this approach are campaign finance reform, gun control, abolition of the electoral college, expansion of the franchise, proportional representation electoral systems or ranked choice voting, better procedural rules within legislative institutions, improved methods of selecting judges and other key public officials, tweaked checks and balances (like a unicameral legislature, a conversion from a Presidential to a parliamentary system, laws prohibiting corrupt practices enforced by effective enforcement agencies, and so on.

Imperfect, But Fundamentally Sound Institutions

The U.S. Constitution, related key laws, and important institutions of political and civic society (like political parties and the media) are flawed but are not fundamentally broken. These institutions are robust enough to eventually right the ship of our political economy, even though they aren't as fool proof and rapid as we'd like.

Really bad Presidents produce electoral backlash and encourage more competent people who otherwise would pursue careers other than politics to resist bad political leaders, which puts us back on track. But this feedback mechanism can't react much sooner than every couple of years, can't prevent serious abuses and failings, and often takes decades. Lessons learned in the last crisis are forgotten until we pay the price for forgetting those lessons again. In worst case scenarios, it can take long insurgencies or wars or full on Great Depressions to trigger support for the necessary reforms.

Bad high court judges need to be threatened with court packing to overcome their biases. Legal scholars seeing legal doctrines producing bad results propose new legal theories. New political parties need to replace old ones much like the GOP replaced the Whigs. People come to realize that voting for openly corrupt liars and criminals is maybe not such a good idea.

Culture

The main counterpart to an institutionalist approach to the success of a political economy (which has strong parallels in the economic development literature), observation that laws and institutions that are identical in all material respects can produce wildly different results, when people who are culturally different utilize these institutions.

This approach concludes that the character, morals, norms, and values of the people who use the institutions profoundly influence the quality of the political economy outcomes that a society produces, while the particulars of the institutional arrangements put in place to facilitate management of the political economy aren't particularly important within a fairly finite set of combinations of big choices in institutions.

Differences between the success of parliamentary systems and Presidential systems, in this view, have more to do with the political culture of the people utilizing those systems than with the inherent, universal virtues of different reasonable sets of institutions and rules. 

There may be some sets of institutions and rules that usually led to bad outcomes, but people with a good political culture can make any remotely reasonable set of institutions produce good outcomes, while people with a political culture ill-suited to their demands of their current circumstances will find a way to break any set of institutions and rules, no matter how expertly crafted.

The optimal political culture is also not universal. In times of economic hardship and scarce resources which give rise to weak states, cultures of honor, clan based societies, cousin marriage, and systems that reward might over right may be more functional. In times of economic abundance that facilitate the rise of strong states, more atomized social structure, meritocracy, forgiveness, out marriage, and systems that reward truth over power may be more functional.

For example, one way to explain the rise of Christianity in the Greco-Roman classical era is that Christianity was a tool of cultural change that helped a society that was becoming more abundant, more urban, and more mercantile transition managed by a strong state, and away from a Greco-Roman pagan culture more suited to rural living, herding, and tradition based allocations of resources, in small and weak states. The expansion of the Islamic empire likewise involved a massive cultural change from a decadent and disorganized society without strong state management in the post-Roman era to a society with more firm and decisive, yet decentralized leadership that functioned well in the absence of Western Roman Empire type institutions.

This cultural-first approach to political theory is closely aligned with a notion that rule by good and moral leaders is the key to a good society, something that is an article of faith in "Eastern culture" (with its roots in Chinese Confucianism) and is widely rejected in "Western culture" (with its roots in Western Europe), where the "rule of man" is synonymous with authoritarianism, corruption, and arbitrary treatment of people.

Malleable culture

One version of a cultural approach to political economy sees a society's political culture as harder to change in many respects than institutional rules, but feasible with measures like widespread public education, religious conversion or deconversion, and grass roots activism through "movement politics" over decades. And, while this takes longer to accomplish than institutional rule changes, it is almost more robust and enduring.

A malleable culture theory concludes that while the relative political leanings of groups and geographic regions with different cultures are persistent over time periods measured in centuries, that societal progress is attainable over time. Yesterday's segregationists become today's advocates of a color blind society without affirmative action. Yesterday's corporal punishment advocates become today's advocates of large fines and long sentences of incarceration. 

In absolute terms, society gradually abandons specific practices and norms that are conservative or backward at the time, while the descendants of people who held those specific practices and norms come to adopt views that were liberal in the times of their ancestors and are conservative now. But the descendants of the liberal leaning ancestors in turn, become even more progressive.

Even proponents of malleable culture approaches to political economy acknowledge that the process can be two steps forward and one step back. But ultimately, technology and the accumulation of knowledge and fundamental, universal human impulses that are masked by different immediate material conditions point humanity in the same general direction in the long terms (although there are shorter and longer routes to progress), so we progress more often than we regress.

Static culture

In contrast, a view that culture at an ethnic group or geographic area scale is predominantly static, even if isolated and exceptional individuals can change their cultures, see mass movements and programs to change a society's culture intentionally as largely futile.

It isn't that this view believes that the culture of a particular geographic area can't change. But, it sees the main mechanism for a change in the culture of a particular geographic area to be replacement of people of one ethnicity or mix of ethnicities with people of another ethnicity or group of ethnicities.

In this view, some of the main mechanisms of cultural change are colonization by people of a different ethnicity, genocide (through forcible abandonment of culture, actually murder, restrictions on fertility, or economic marginalization), immigration, and differential rates of births and deaths between ethnicities, with these mechanisms being particularly strong among men, while women more easily assimilate into new cultures in which they find themselves. This is also a more zero sum worldview. Flavored with ideas about ethnic or religious or cultural superiority, this can morph into righteous missionary zeal, ethnic nationalism and/or religious nationalism.

Along the same lines, languages associated with dominant cultures tend to increase their market share of language speakers in a society, while languages associated with economically marginal ethnicities tend to decrease their market share of language speakers in a society, in both cases at a pace measured primarily in generations, rather than within the lives of individual speakers of a language.

This outlook was heavily disfavored in the 1960s and 1970s in the Western world (under the motto that pots are not people), but has enjoyed a resurgence as research into ancient DNA, historical linguistics, and physical archaeology have been synthesized in a manner that has reviewed that over time frames of centuries and millennia, that these mechanism of demic change have been far more common than culture change through intercultural contact and elite dominance. Admittedly, there have been notable exceptions to this general trend (e.g. the linguistic transition of the country now known as Hungary, or the Brahui people, or the expansion of the Islamic empire, or the rise of Christianity). But cultural transition without demic change has been the exception rather than the norm.

This outlook on political economy, for example, perceives Zionism and the formation of new West Bank settlements in Israel, or ethnically and religiously motivated raids by Sahel Muslims from traditionally herding societies in Africa on Christian/animist communities to their immediate South, from a very different worldview framework than a worldview in which institutional approaches or malleable cultural views are the norm.

More generally, a political theory bent rooted in the worldview that culture is predominantly static, particularly when fused with the concepts of economic and environmentally driven cultural change discussed below, tends to see political tactics that "civilized society" condemns most intensely, as largely inevitable and natural, even if it is not morally desirable at an individual level.

Political worldviews and theories that emphasis the static nature of culture at the group and regional level are more sanguine about the inevitability of progress than those which see culture as malleable. These worldviews tend to see cultural progress as exceptions to the general rule that require specific and rarely recurring conditions, rather than as a universal law or inevitability.

Environmentally determined culture

A premise which is widely accepted in anthropology, but less widely accepted in political theory, is that people's material conditions determine which cultures are optimal for those conditions.

While no culture is inherently better than any other in a vacuum, in any given set of circumstances, some cultures are more functional than others.

Plough based agriculture tends to favor patriarchy and patrilocal clan systems. Hoe based agriculture and hunter-gatherer societies can tend to favor matriarchal social structures, with households often led by brother-sister couples rather than households led by monogamous co-parent households. 

Affluent, urban societies, without low rates of childhood morality that rely on skilled labor that takes many years of investment in human capital tend to favor small family households; poor, rural societies, with high rates of childhood mortality that rely on unskilled labor tend to favor large family households. 

Weak states tend to favor cultures of honor, and clan based social organization. Strong states tend to favor a focus on individual autonomy, meritocracy, rule based justice, and weaker extended family ties. 

Perceptions of economic scarcity and uncertainty favor conservatism and societies where religion and/or superstition are important. Perceptions of economic abundance and security favor secular, liberal societies that rely on science rather than superstition.

Perceptions of economic decline or stagnation of an ethnicity or geographic group or social class, and societies where the economy is heavily reliant upon economic rents like land ownership or fossil fuel resources, can further fascism, far-right movements, ethnic and religious nationalist movements, and support for authoritarianism. Shared prosperity in a society where the economy depends heavily on a diffuse class of merchants, professionals, and skilled labor rather than natural resources, in contrast, tend to further democracy, an absence of corruption, respect for individual rights, and tolerance for diversity.

Cultures ill-suited to their conditions decline, due to both conversion to better suited cultures and economic and demographic decline. Cultures well-suited to their conditions thrive. Conversely, religious institutions that support threatened cultures tend to thrive, while religious institutions associated with establishment, secure, dominant cultures tend to wither despite the fact that the communities that they serve tend to have more economic resources.

The notion that culture is economically or environmentally determined is relatively agnostic about whether culture is malleable or static, with their very different mechanisms and tactics that give rise to cultural change.

Synthesis

Of course, none of these political theories is 100% true. 

Even a strong culture oriented political theorists who takes a hard look at all the data will acknowledge that institutions and rules can matter, and can shape culture. You can see this particularly clearly when looking at the divergent paths taken by North Korea and South Korea, by Taiwan and mainland China, by East Germany and West Germany prior to unification and persisting in regional culture differences in the thirty-seven years that have elapsed since unification, even though the highly distinct institutions in these places that once shared a common culture including a political culture arose only about eighty years ago or less, in these cases.

On the other hand, scholarly works like Albion's Seed, and studies of persistent regional cultural differences in Germany (that predate the formation of a unified Germany state about 150 years ago), also establish that once regional or ethnic cultures are established, they are remarkably resilient in the face of institutional change and political unification, and can persist for centuries.

If you were to guess how politicians in the late 1700s and early 1800s in newly formed U.S. states leaned politically relative to each other on major groups of political issues like being pro-war or anti-war, or on economic or social issues, based upon the current political leanings of those states, you would overwhelming be correct 250 years plus or minus a few decades later.

The Catholic-Protestant divisions of Europe have been mostly static for the entire early modern period that started with the Protestant Reformation in the 1500s that were decided based upon the decisions of late stage feudal lords to choose one side or the other of this divide in European Christianity. And, those religious divisions, as famously noted by Max Weber in the 19th century, are associated with a whole suite of larger cultural divides epitomized by what he called the "Protestant work ethic."

Persistent culture divisions whose effects predominate in places where different cultures function within the same formal political institutions, like divisions in economic prosperity and political economy between regions dominated by different ethnic groups in Nigeria, whose characteristic cultures and cultural identities pre-date the relatively recent conversion of southern Nigeria to Christianity across a wide variety of diverse ethnicities starting in the 19th century or so, are still very real (even though many formal statistics on African immigrants to the U.S. aren't so fine grained and don't make these distinctions in their record keeping mask these differences).

In India, genetic testing has confirmed the anthropologically well-documented phenomena of caste endogamy and inequalities, pin pointing the time frame, centuries ago, when endogamous caste divisions at the jati level started to harden upon which historical accounts from those time periods were inconclusive and scarce, and eighty years of Indian independence with egalitarian institutions and ideals have only modestly dented the resilient cultural juggernaut of caste divides. Genetic studies also establish the time frame of the much older origins of varna level caste/ethnic divisions within India and help establish more clearly the magnitude, timing, and nature of introgression of people from one varna into another one.

Particularly in my own personal world and my own country, I am well aware that I instinctually lean towards institutional explanations and solutions, and that I also tend to favor malleable culture worldviews over static culture worldviews, to a greater degree than that evidence available to me supports.

How We Got Here

Each of these political theories naturally lends itself to a different narrative about how we go here, and the deeper driving factors behind the proximate causes of our woes.

Environmental determinism points to technological changes and human driven climate changes as the source of structural economic changes and changes to the U.S. social structure and social class system that has shunted the benefits of economic growth to an educated upper middle class serving a thin veneer of old money and new money billionaires and big businesses, and while reducing the less educated whom the modern economy has little use for, from a broad unifying middle class that has a stake in our society to a working class and underclass. The upper middle class has small stable prosperous families, while the working class is seeing their families fall apart despite having as many or more children, and their prospects for social mobility or comfort without generational wealth and social capital fading. The upper middle class has become far more secular, while comparatively the working class has remained more religious despite its long term trend away from religion as well.

The neo-fascist MAGA movement is, in this analysis, a natural consequence of two generations of economic stagnation for the non-college educated working class.

Static cultural worldviews emphasize the fact that there is a straight line from antebellum Southern whites to the KKK and Jim Crow and segregation supporters and American Nazis prior to WWII to opponents of the civil rights movement to MAGA.

Malleable cultural worldviews emphasize the fact that far right political viewholders skew heavily towards older white men while younger generations are much more liberal on a wide variety of issues. They note that the divorce between the MAGA worldview and reality is the product of intentional propaganda by billionaire class funded conservative media outlets like Fox News, conservative think tanks, talk radio, and fundamentalist Christians and Christian clergy who are wary of reality based inquiry because it undermines their religious doctrines, and can be reversed with carefully crafted interventions to deprogram MAGA adherents.

Institutionalists who see the system as fundamentally broken see the proximate causes of our woes as more directly caused by particular flaws in our Microsoft of political systems which was state of the art in the late 1700s, but had rules that didn't benefit from the next couple of centuries of experience with democratic political institutions which addressed the inherent flaws in our own system which the Founders, not being omniscient, and with their own narrow franchise and biases could not have foreseen. The trouble is, that if indeed, our Institutions are fundamentally and deeply broken, there is no clear path to fixing them.

Institutionalists who see the system as flaws but fundamentally sound, in contrast, acknowledge that the flaws in our system have prevented our political system from preventing or more swiftly ending the MAGA scourge. But they are more optimistic and stoic. In an analog to the idea that suppressing all wildfires can make a forest more vulnerable to more devastating big wildfires, or to the hygienic hypothesis that an environment that is too sterile and devoid of threats can lead to autoimmune diseases and allergies because the immune system didn't have a chance to do its job non-pathologically, they argue that as unpleasant as it is at the time, healthy political economies need periodic threats to its values so that the people served by them remain vigilant in developing a combination of institutions and political cultures that can defeat even strong threats to their health.

People never exposed to fraud become too trusting and become easy marks (something that is a big problem in the overall high trust society of Mormon Utah). Politicians who grow too used to playing nice with their political opponents forget the tactics that their predecessors used to win when their political opponents didn't play fair. 

A near miss constitutional crisis of our political economy with fascism and authoritarianism, with an scary dose of corruption and lies, may be what it takes to build broad enough support to fix the most important institutional flaws in the status quo, much like the U.S. did in the New Deal, and again in the 1960s and 1970s.

Institutionalists who see the "bones" of U.S. political institutions as fundamentally sound will note that the U.S. system has been good enough to last 250 years including multiple comparably bad or worse political crises, like those leading up to, during, and following the U.S. Civil War. And, they see the gridlock and shifting political coalitions that have predominated in the time frame from the 1980s to the present, as a feature rather than a bug, by preventing thin majorities from making big and bold political changes in the absence of widespread, bipartisan, cross-ethnic, cross-regional support. Our federal system funnels paths to innovations to the states and refrains from making big changes until with the passage of time, some approaches are widely understood to be desirable, and other approaches are seen as failures. And, like the seventy year plus era of doctrinaire communism in Eastern Europe, China, and Southeast Asia, on one side, and mixed capitalism in the "West" and some Western leaning East Asian nations, this deadlock can seem completely intractable and static, until sudden it collapses, with Eastern European communism collapsing in just a few years, and Asian communism more resiliently adopting market-style reforms to the point where it has become communism in name only with billionaire capitalists holding all positions of power in these one party states.

We saw something similar leading up to the abolition of slavery in the United States. This issue divided the new republic for eight-five years from its inception right up until 1861, only for slavery to be formally abolished four years later all at once, in turn followed after a brief reconstruction interlude, with another eight-five years of so of Jim Crow, only for that institution to in turn collapse over the course of about a decade when it had seemed in 1950 that Jim Crown might persist eternally. Sixty years after the Civil Rights movement had achieved most of its major objectives, MAGA is trying its best to undo the reforms of the civil rights era in a last dying eruption of a movement that know that democracy will mean its death as socially and economically regressive Baby Boomers, some of whom were born in the era of segregated water fountains, bathrooms, and schools, die and reduce their share of the electorate only to be replaced by liberal Generations Z and Alpha in the electorate for whom racial diversity is second nature and is their generation's reality.

Trump has been a racist all of his life, just like his Nazi father. Joe Biden came around later in his political career, but got started in Congress on a platform of opposition to school desegregation in Delaware. Many of the leaders in Congress, and especially in the U.S. Senate, are from that same generation and still wear ideological and worldview boots of clay developed in their politically formative years.

Eventually, however, cancer, cardiovascular diseases, dementia, COVID, geriatric falls, and the like will do the job of replacing them with the next generation of politicians, that Baby Boomers have prevented from happening in the ordinary course as it should have a couple of decades ago.

The midterms in 2026 could end the GOP's trifecta control of the federal government and reducing the bleeding that our national institutions and esteem on the global stage have been suffering. Ideally, its defeat could be crippling enough to lead to the GOP's replacement with some new center-right opposition party that starts over after MAGA has burned all of the GOP's bridges and poisoned the well with several younger generations. Democrats could take the Presidency in 2028 with majorities not seen in recent memory and a commitment to play hardball after the horrors of Trump 2.0, and make enough major reforms to put the U.S.A. on track again with wide consensus backing, even though it may take decades to undo the damage done by Trump already that is not irreparable. And, if that happens, the Institutionalists who believe that flawed as it is, that the U.S. political system is not broken beyond all repair, will be vindicated. The fact that the U.S. has weathered past crises makes this a far from unlikely scenario, and the optimist in my wants to hope that they are right. Polling leading up to the midterms that are barely more than five months away, suggest that they might be right. 

While MAGA stayed loyal during Trump 1.0, his more radical Trump 2.0 term has finally seen Trump's steadfast support start to erode and has seen some prominent GOP/MAGA leaders, like Marjorie Taylor Green, break ranks with him.

What Happens If We Don't Escape And End Up In A Deeper Circle of Hell?

I want to believe that they are right, because the alternatives are very dark indeed. If Democrats can't do this over the next three years or so, because its institutions are too badly broken to return the nation to a positive path, all of the paths before us are nightmares.

One need look no further than North Korea, Cuba, Albania until the fall of communism, Saudi Arabia, Kuwait, Iraq, Afghanistan, East Germany, the Soviet Union, post-Soviet Russia, the Ottoman Empire, and the slave states of the U.S. prior to the U.S. Civil War, to observe that the fact that a regime is authoritarian, undemocratic, and performs dismally economically in its non-natural resource sector, and faces significant sustained pressure from  the international community to reform, does not mean that these regimes are fragile or vulnerable to prompt collapse. Eventually, many of these regimes did collapse. But it took an entire lifetime or so to do fall, and more often than not it took an international military intervention (or at least a costly cold war interspersed with periodic hot proxy wars) to make it happen.

The U.S. is to big and militarily powerful for a turn for the worse to be cured with a foreign military invasion of the U.S. to liberate us any time soon. 

If one of the darker scenarios has developed in the U.S. by 2028 or 2030, it is entirely possible that the U.S. will degenerate into a full fledged malevolent dictatorship and remain in that state until sometime in the early twenty-second century. 

This dark era for the U.S. could possibly punctuated by an ugly and deadly military insurgency, and waves of assassinations, asymmetric warfare, sabotage, and non-violent resistance that persists as long as Afghanistan has been in a state of near continual war since the 1970s, that may only end or at least subside when it is put down with brutal ruthless efficiency that scars our nation with horrors we have yet to imagine like the annihilation of every soul in a whole liberal leaning rebellious metropolitan area like Minneapolis, rather than a mere attempted ICE and National Guard driven show of force. The Handmaid's Tale was meant to be a warning and not a prophecy, but there is no certainty that it won't turn out to be one.

There are happier paths that one could imagine, like a bloodless coup that is followed by a new covenant that replaces our existing political and economic institutions, if the existing ones don't solve the problem in the next three year or so, that reboot our nation in some manner or another, or a wave of blue state successions, that leaves unsubsidized red state America in a state of total economic collapse, and followed by reform or reunification.

One could also imagine something like the experience of the Romans, who first transformed from a genuine Republic, to a more flawed Republic, to a truly non-democratic empire, stuttering from crisis to crisis, with bandaid temporary political fixes that don't last, punctuated with emperors like Nero and Caligula, who are still remembered about two thousand years later for their perfidy and insanity. Trump could end up being a model for future corrupt, authoritarian, delusional demagogues who are equally bad, but even less restrained by the democratic actions of the electorate or the courts or federalism or military independence, than Trump 2.0 which is actually exploring every avenue to end these constraints upon it.

Some of these nightmares seem almost unthinkable now, after the imperfect and slow mechanisms and institutions for slowing down Trump and MAGA's destruction of the federal government and everything good in the United States of America finally started to kick in. But the United States doesn't get three strikes. If the midterms to provide a decisive and effective check on Trump 2.0 in what has so far been a Congress that has ceded its responsibilities, we'll be lucky to get a federal election at all in 2028, and if there is one then, it will probably be less free and less fair (despite the fact that Republicans are pulling out all stops to undermine the regularity of the 2026 elections and to persecute Trump's enemies with no regard to the law or any notion of anything greater than Trump's momentary whims).

If Americans, collectively, fail to decisively interrupt its current course in either 2026 or 2028, we're pretty much done. Democracy and democratic values and the rule of law and civil liberties will be no more, and there will be no way back within the confined of legal political action or even civil disobedience. The U.S. is too big, and too culturally divided to secure the final turnabout that ousted a far right authoritarian regime in Hungary earlier this year.

Those who can will become political refugees, much like the scientists who fled Germany when the Nazis came to power, and fled the Soviet Union as it grew ever more oppressive. Those who can't will suffer, or sell their souls for petty subordinate power at the whim of some unsteady dictator (probably not Trump for long, given his ill-health and age, but possibly some successor who is equally evil but more competent).

18 May 2026

U.S. Marriage Trends

In the African-American community in the U.S., these kinds of factors have led to fewer marriages, lots of female headed households, and lots of half-siblings. Working class whites and Hispanics in the U.S. have started to follow the same patterns.
Over the past half-century, U.S. four-year colleges have shifted from enrolling mostly men to enrolling mostly women, while the economic position of non-college men has weakened markedly. We examine how these changes correspond with the evolving structure of marriage markets across cohorts and places. 
As college men have become increasingly scarce, college women have maintained stable marriage rates by marrying high-earning non-college men. This shift—combined with the broader economic decline of non-college men—has sharply reduced the pool of economically stable partners available to non-college women: the share of non-college men who earn above the national median and are not married to college women has fallen by more than 50%. Cross-area evidence shows that education gaps in marriage are smaller where non-college men face lower rates of joblessness and incarceration. Taken together, the evidence suggests that deteriorating outcomes for men have primarily undermined the marriage prospects of non-college women.
from a new NBER working paper by Clara Chambers, Benjamin Goldman & Joseph Winkelmann.

When Will Cherry Creek Flood?

Until the Cherry Creek and Chatfield Reservoirs were built, Cherry Creek and the South Platte Rivers, respectively seriously flooded about once every thirty years and often at the same time.

From my days as a journalist, I learned that the Cherry Creek dam was not built to the engineer ordered specifications. It has nonetheless held for decades, so it isn't too bad, but it would probably fail under conditions less extreme than those it was designed to withstand.

We get more extreme weather events now than anyone expected when it was built. We will probably have what until recently was considered at 500 year weather event at least every 50 years now.

The Cherry Creek basin is mostly designed to address this risk, with green spaces and parking garages along most of its extent.

But, there is one place along its edges, where the basin has steep constraining walls, and critical infrastructure is just a few feet above the narrow walled Cherry Creek bike path. That is the Denver Health Emergency Room, Denver proper's only Level One Trauma Center.

I worry about this risk now and then, and we really should build a flood wall to protect it now, before the Cherry Creek dam fails is a "freak not freak" weather event.

15 May 2026

To Do

Some topics I'd like to write about in the indefinite, maybe next future:

* Law examined as a magical/religious ritual system.

* A law review article on the prospects for expanding the U.S. Constitution's takings clause as a foundation for a better approach to civil rights.

* A military technology post going beyond the first order issues, like surface combatants and tanks being obsolescence waiting to be made manifest, to a way of thinking that fits drones and robots and guided missiles and AI and other sensor technology into a synthesized vision for the future.

* Musings on how to insulate our political system of incompetents, narcissists, criminals, corruption, psychopaths, and hate without unduly compromising democracy and other positive political values.

* Musings on institutions and technologies that would facilitate political and economic development in a leapfrog manner in undeveloped countries, particularly in Africa.

* An end game for the Israeli-Palestinian conflict and the larger problems of Ottoman Empire succession that have been playing out since its collapse after World War I.

* A well-researched piece shedding light on prospects for political, social, and religious progress in the Islamic world.

* Musings on whether the population decline in the developed world flowing from the near universal phenomena of demographic transition could be a good thing, and how Mormonism that seems to have defied demographic transition fits into this worldview.

* Thoughts about what a post-religious, post-ethnic cosmopolitan society's life scripts which we are unwittingly or consciously rewriting will look like.

* Analysis of how we will live in a post-climate change world, as it seems that this is not an existential threat to the human race's survival, and will eventually cease to continue after it is too late to massively change life on Earth.

* Brainstorming on what people will do for a living and the economics more generally of a world that is more automated than our existing post-industrial world, and how this will impact social and economic structure of our society.

* Musings on the prospects for de-Nazification of our society from MAGA, racists, Christian Nationalist foundations. The younger generation seems far less afflicted with this so it could happen.

* Consideration of what kind of international institutions could come to replace troubled ones like NATO and the UN in an increasingly small world.

* Strategies for movement politics that would change hearts and minds in a way that would make progressive political ambitions achievable politically, something that a lack of majorities in existing political systems prevents now.

* Examining the most problematic threads of the progressive movement, the non-progressive left, and the far-right can be most channeled, and how circumstances fueling the far-right can be channeled and addressed in less destructive ways.

* What a dystopia in which the modern agents of barbarism gain the upper hand might look like and whether that dystopia can be prevented.

* How to save academia from administrative bloat, or in the alternative, why this administrative component of higher education is necessary.

* Prospects of massive, good quality, automated educational classes.

* Considering the pros and cons of the balkanization of popular culture.

* Agricultural technologies and developments as interfaced with climate change and dealing with inevitable rural community impacts that is would drive.

* Thinking through second order consequences of advancing medical technologies.

14 May 2026

Mental Energy Levels

Some activities take more mental energy, alertness, and attention than others. From low to high:

* Sleeping

* Staring blankly while sitting or lounging

* Sipping a drink alcoholic or otherwise

* Cuddling

* Taking a bath

* Listening to music

* Driving in ordinary conditions

* Interacting with a pet

* Watching spectator sports

* Looking at art in a gallery or museum

* Browsing statistics (e.g. in an almanac or government publication) or maps

* Washing dishes or dealing with trash/recycling/compost

* Facebook

* Grocery shopping

* Making journal entries

* Reading the newspaper or its online equivalent

* Scanning academic journal abstracts

* Researching a non-legal topic

* Watching TV or a streaming video

* Watching a full length movie or opera or ballet or play

* Choosing presents for particular occasions

* Applying math or physics rules that I already know

* Gardening or landscaping work

* Making a music playlist

* Cooking

* Reading fiction for pleasure

* World building in anticipation of writing fiction

* Leading a meeting

* Blogging 

* Rehearing for a music or drama performance

* Participating in most team sports at my mediocre level

* Typical legal work outside of a trial or hearing

* Teaching a continuing education class or college class

* Tutoring

* Reading non-fiction (or a fiction classic for a class)

* Learning how to use a new appliance

* Figuring out why a computer or app thing isn't working properly, or learning a new computer or phone skill

* Social chit chat or being at a party

* Filing papers (i.e. into categories and files)

* Writing fiction

* Planning an event or trip

* The design phase of a remodeling or landscaping project

* Hiking or going on a walk in an unfamiliar place

* Handling the return of a purchased product

* Learning new math or physics topics independently

* Driving in extreme conditions (e.g. an intense snowstorm)

* Acting as a lawyer in a trial or hearing or high pressure emergency situation

* Doing business management/accounting work

* Ice skating

* Trying to learn a foreign language

Colorado's State Bivens Law

Colorado's General Assembly has enacted a state law authorizing suits for money damages against federal, state, and local officials violating federal constitutional rights in connection with civil immigration enforcement, because the U.S. Supreme Court has declined to extend Bivens (a U.S. Supreme Court case which created a federal common law remedy in the form of a private civil action for damages for certain violations of federal constitutional rights by federal officials) to do so. The bill has not yet been signed by the Governor, but he has not publicly threatened to veto the bill either.

Ideally, it wouldn't have been limited to civil immigration enforcement, which may be the provision of the law which makes it most vulnerable to being held unconstitutional, as immigration law is a purely federal function, but it isn't at all clear that narrowing this law beyond its maximum constitutional scope invalidates it, and there is quite a bit of law (outlined in Section 1 of the bill) which supports the conclusion that this mostly unused check on misconduct by federal official is constitutional.

The limitation of the law to civil immigration enforcement, however, does limit room to complain that the waiver of various immunities would do serious mischief to the ordinary actions of law enforcement in the state at the state and local level.

The bill's full and final text is below:

Senate Bill 26-05:

Be it enacted by the General Assembly of the State of Colorado: 

SECTION 1.  Legislative declaration. 

(1)  The general assembly finds and declares that: 

(a)  Since the earliest days of the nation, the United States supreme court has held, in cases such as Little v. Barreme, 6 U.S. 170 (1804), and Murray v. The Charming Betsey, 6 U.S. 64 (1804), that federal officials may be liable in damages for violations of federal laws; 

(b)  In later 19th century cases as well, the United States supreme court held that federal officials could be liable for damages even for reasons relating to but beyond the lawful scope of federal duties, Mitchell v. Harmony, 54 U.S. 115 (1851), and in particular that state courts possessed jurisdiction to consider such damages claims, Teal v. Felton, 53 U.S. 284 (1852); 

(c)  The United States supreme court has long held that federal employees are not inherently beyond the reach of state laws simply because they are federal employees. For example, in Johnson v. Maryland, 254 U.S. 51 (1920), the court noted, "[A]n employee of the United States does not secure a general immunity from state law while acting in the course of his employment", and in Colorado v. Symes, 286 U.S. 510 (1932), the court stated, "Federal officers and employees are not, merely because they are such, granted immunity from prosecution in state courts for crimes against state law". 

(d)  Decades later, the United States supreme court continued to recognize the role of state law in holding federal officials accountable for legal violations, noting in Wheeldin v. Wheeler, 373 U.S. 647 (1963), "[w]hen it comes to suits for damages for abuse of power, federal officials are usually governed by local law"; 

(e)  When the United States supreme court recognized a federal law cause of action for violation of certain constitutional rights in Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), that cause of action was in addition to, rather than instead of, traditional state law remedies. Even one of the dissenting justices in Bivens noted the ongoing role of state courts, writing, "The task of evaluating the pros and cons of creating judicial remedies for particular wrongs is a matter for Congress and the legislatures of the States". 

(f)  More recently, congress has made federal statutory law the exclusive remedy for certain claims sounding in tort, but this exclusivity specifically "does not extend or apply to a civil action against an employee of the Government [. . .] which is brought for a violation of the Constitution of the United States", 28 U.S.C. sec. 2679. The prime sponsor of legislation amending the federal "Tort Claims Act" to provide for limited exclusivity took pains to clarify, "We make special provisions here to make clear that the more controversial issue of constitutional torts is not covered by this bill. If you are accused of having violated someone's constitutional rights, this bill does not affect it", 134 Cong. Rec. 15963 (1988). 

(g)  In 2022, in declining to extend the scope of the Bivens action in Egbert v. Boule, 596 U.S. 482 (2022), the United States supreme court observed that legislatures, not courts, are the better branches of government to fashion damages remedies; 

(h)  In its most recently completed term, the United States supreme court declined, in Martin v. United States, 145 S. Ct. 1689 (2025), to extend the doctrine of supremacy clause immunity beyond its traditional criminal law context; 

(i)  Violating the federal constitutional rights of residents of the United States has never been and can never be "necessary and proper" to the execution of the laws and powers of the United States within the meaning of article I, section 8, clause 18 of the United States constitution; and 

(j)  In enacting this act, the Colorado general assembly affirms its longstanding and rightful role as a sovereign state in providing forum in its courts for adjudication of claims of federal constitutional violations. 

SECTION 2.  In Colorado Revised Statutes add 13-20-1302 as follows: 

13-20-1302.  Civil action for violation of constitutional rights during immigration enforcement - relief - attorney fees - time limit to commence action - definition. 

(1)  A PERSON WHO HAS THEIR RIGHTS THAT ARE GUARANTEED BY THE UNITED STATES CONSTITUTION VIOLATED BY ANOTHER PERSON WHO, ACTING UNDER COLOR OF ANY FEDERAL, STATE, OR LOCAL LAW, IS PARTICIPATING IN CIVIL IMMIGRATION ENFORCEMENT, MAY BRING A CIVIL ACTION AGAINST ANOTHER PERSON WHOSE CONDUCT WAS THE PROXIMATE CAUSE OF THE VIOLATION. A PERSON FOUND TO HAVE VIOLATED THE UNITED STATES CONSTITUTION WHILE PARTICIPATING IN CIVIL  IMMIGRATION ENFORCEMENT IS LIABLE TO THE PERSON WHOSE RIGHTS ARE VIOLATED FOR LEGAL OR EQUITABLE RELIEF OR ANY OTHER APPROPRIATE RELIEF. 

(2) (a)  IN AN ACTION BROUGHT PURSUANT TO THIS SECTION, A COURT SHALL AWARD REASONABLE ATTORNEY FEES AND COSTS TO A PREVAILING PLAINTIFF. IN ACTIONS FOR INJUNCTIVE RELIEF, A COURT SHALL DEEM A PLAINTIFF TO HAVE PREVAILED IF THE PLAINTIFF'S SUIT WAS A SUBSTANTIAL FACTOR OR SIGNIFICANT CATALYST IN OBTAINING THE RESULTS SOUGHT BY THE LITIGATION. 

(b)  WHEN A JUDGMENT IS ENTERED IN FAVOR OF A DEFENDANT, THE COURT MAY AWARD REASONABLE COSTS AND ATTORNEY FEES TO THE DEFENDANT FOR DEFENDING ANY CLAIMS THE COURT FINDS FRIVOLOUS. 

(3)  TO THE MAXIMUM EXTENT PERMISSIBLE UNDER THE UNITED STATES CONSTITUTION AND 42 U.S.C. SEC. 1983, A GRANT OF IMMUNITY TO A DEFENDANT, INCLUDING, BUT NOT LIMITED TO, SOVEREIGN IMMUNITY; OFFICIAL IMMUNITY; INTERGOVERNMENTAL IMMUNITY; QUALIFIED IMMUNITY; SUPREMACY CLAUSE IMMUNITY; STATUTORY IMMUNITY, INCLUDING THE "COLORADO GOVERNMENTAL IMMUNITY ACT", ARTICLE 10 OF TITLE 24; OR COMMON LAW IMMUNITY, DOES NOT APPLY IN AN ACTION BROUGHT PURSUANT TO THIS SECTION. 

(4)  AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES, "CIVIL IMMIGRATION ENFORCEMENT" MEANS AN ACTION TO INVESTIGATE, QUESTION, DETAIN, TRANSFER, OR ARREST A PERSON FOR THE PURPOSE OF ENFORCING FEDERAL CIVIL IMMIGRATION LAW. "CIVIL IMMIGRATION ENFORCEMENT" DOES NOT INCLUDE AN ACTION COMMITTED BY A PEACE OFFICER WHO IS ACTING WITHIN THE SCOPE OF THE PEACE OFFICER'S DUTIES CONSISTENT WITH STATE LAW. 

(5)  PURSUANT TO SECTION 13-80-102, A CIVIL ACTION DESCRIBED IN THIS SECTION MUST BE COMMENCED WITHIN TWO YEARS AFTER THE CAUSE OF ACTION ACCRUES. 

SECTION 3.  In Colorado Revised Statutes, 13-80-102, amend (1)(k); and add (1)(l) as follows: 13-80-102.  General limitation of actions - two years.  The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, must be commenced within two years after the cause of action accrues, and not thereafter: 

(k)  All actions brought under AND PURSUANT TO section 13-21-109(2) [ed. the bad check statute]; 

(l)  AN ACTION ALLEGING A VIOLATION OF CONSTITUTIONAL RIGHTS DURING CIVIL IMMIGRATION ENFORCEMENT BROUGHT PURSUANT TO SECTION 13-20-1302. 

SECTION 4.  Severability. If any provision of this act or the application of this act to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. 

SECTION 5.  Appropriation. (1)  For the 2026-27 state fiscal year, $125,604 is appropriated to the department of law. This appropriation is from the legal services cash fund created in section 24-31-108 (4), C.R.S., from revenue received from the department of personnel that is continuously appropriated to the department of personnel from the risk management fund created in section 24-30-1510 (1)(a), C.R.S. The appropriation to the department of law is based on an assumption that the department of law will require an additional 0.5 FTE. To implement this act, the department of law may use this appropriation to provide legal services for the department of personnel.

SECTION 6. Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.

11 May 2026

The Collateral Source Rule

One of the more subtle but key underpinnings of the tort law system for compensating people for accidents is the collateral source rule. 

While it is somewhat more involved, the basic idea is that when your own insurance covers you for an injury, for example, for medical bills, or to replace your damaged car or house, or paying you disability payments when you lose income for a period of time, that you can sue for the full amount of the harm without deducting insurance covered losses.

Closely related are the doctrines that say that medical providers have a lien against what you recover in a lawsuit to recover damages that they paid for, and the right of an insurer to bring a lawsuit, called a subrogation claim, against someone whose tortious actions gave rise to the insurance claim to get back what it paid to the insured for that loss, if the insured doesn't sue.

As a practical matter, subrogation claims are uncommon and the lawyers who usually defend insureds who are sued hate bringing them, because the dollar amounts are often modest and they are loss motivated to bring them (and have less of the relevant information in many cases) than an insured who actually suffered the loss.

In substance, a very large share of personal injury and property damage tort cases are cases where the defense lawyers and defense judgment are paid for by one insurance company, and where the medical expenses and property damage claims were mostly paid by another another insurance company or credit extending medical provider with a lien on what was paid for those damages, and where a large share of the non-economic damages awarded go towards paying a contingent fee of the Plaintiff's attorney.

The system provides rough justice, but the benefits of this convoluted system that arises from the collateral source rule, over the system that would evolve without it, are dubious. 

A variety of reforms have been proposed and tried to rework this arrangement, but they're beyond the scope of this post.

02 May 2026

Opera And Ballet

Opera and ballet are skeletal stories, told live in extremely intense ways, with maximum pomp and circumstance.

Madam Butterfly, for example, a gilded age classic written by Puccini that debuted in 1904, has only about 11,000 words (with considerable repetition), less than a novella, although more than a typical short story, which is fitting as it can't quite decide if it is a two act opera or a three act opera.

Pop songs are typically two to four minutes and have 300 to 700 words (often with considerable repetition), but are often recorded and are often presented with less pomp. Even a whole album of pop songs, to the extent that people make them anymore, typically has fewer words than a typical short story.

The intense focus these culture genres place on an elemental basic idea or story is part of what makes these works primal and emotionally powerful.

In contrast, a typical single volume novel has 70,000 to 100,000 words, often is made up of several volumes, and tells a much more fleshed out story with multiple intertwined parallel plot lines. It too is powerful storytelling, but in a more cerebral way.

Planetary Defense Is Worth It

I will always be a strong supporter of a strong planetary defense against comets and asteroids. These "Black Swan" events are rare, but the consequences of even one of them striking Earth and doing great damage would be immense.

If they are headed towards Earth's surface and too large for our atmosphere to provide an adequate defense against, they are always the "bad guy."

There are estimated to be about 45 undiscovered mass extinction class near Earth asteroids, about about 13,750 undiscovered "city killer" sized near Earth asteroids (that would destroy everything in a whole metro area of a major city, if it hit one, killing millions of people), and about 214,000 Hiroshima blast sized near Earth asteroids out there. These asteroids could strike us with short notice. The asteroids wouldn't create the radiation blast and contamination of a nuclear bomb (or highly toxic chemical weapon), but would have comparable kinetic impact to a nuclear bomb.

We need both better asteroid detection technologies (which NASA's new NEO Surveyor mission which is scheduled to launch in Septemer of 2027, twenty-one years after it was proposed, will profoundly improve) and better asteroid interception technologies that can respond to incoming asteroids and comets on short notice (i.e. many hours to several days), which is not currently in place, although rudimentary and ad hoc ICBM responses could be devised that could mitigate the harm if done right (but could make things worse if it diverts a large fragment or cluster of fragments from an uninhabited area towards a city).

Image via Wikipedia.

The NEO Surveyor mission is projected to:

  • Find 2⁄3 of Asteroids Larger than 140 Meters in Diameter
  • Assess the Overall Threat Posed by Potential Earth Impactors
  • Assess the Impact Threat Posed by Comets
  • Determine Orbits and Physical Characteristics of Specific Discovered Objects
140 meters in diameter is a commonly used threshold for a "city killer" asteroid and would have an explosive energy twenty-times that of the Hiroshima A-bomb, and more in line with a never used H-bombs in the U.S. and Russian nuclear arsenal. 

If two-thirds of the 140 meter or larger near Earth asteroids were found, that would be about 5,000 of the estimated 13,750 undiscovered asteroids of that size in the first five years of the mission which is planned to run for twelve years.

It will also probably find at least a significant number of undiscovered global distinction sized asteroids of the estimated 45 that remain undiscovered, and a significant percentage of the estimated 214,000 undiscovered Hiroshima bomb impact class asteroids (of which only an estimated 7% of which are now discovered), although probably far less than two-thirds of them.

NEO Surveyor will also refine our estimates of how many large asteroids remain undiscovered despite this mission, and of the risk that these undiscovered asteroids could strike inhabited places on Earth. With more accurate estimates of known asteroid trajectories, more known asteroids which come close to Earth but are not on track to impact it could be ruled out as threats allowing surveillance of potential threats to be narrowed to those objects that really are something to worry about.

We are sufficiently technologically advanced at this point to build adequate planetary defenses, but organizing the planet to fund and deploy them is another matter. The NEO Surveyor mission cost $500 million to $600 million, which is less than a single major U.S. warship or Air Force long range bomber, or several start of the art U.S. Air Force fighter jets. Military missile defense technologies (like the "Golden Dome" plan for the U.S.) can be adapted for planetary defense purposes, to some extent, but aren't optimized for this task.

The good news is that the many millions or more smaller asteroids and space junk objects mostly burn up in the atmosphere before hitting Earth with enough damage to be much more dangerous than a random and rare lightning strike. So, we harm from not tracking or intercepting them is modest.

Also, a huge share of the Earth's surface is made up of oceans, large lakes, uninhabited ice scapes, thinly inhabited mountains and deserts, and thinly inhabited rural areas or wilderness. A "city killer" or smaller asteroid has a quite localized danger zone and isn't radioactive or toxic for the most part. 

So, while it might kill or injure a small number of people in the immediate vicinity of the impact, and might trigger a significant tsunami or landslide (urban areas are disproportionately coastal), about 71% of Earth's surface is water, about 28% of Earth's surface is nearly uninhabited or rural, and only about 1% of Earth's surface is urban. So, most "city killer" or smaller extraterrestrial impacts would lead to fairly modest casualties. But the risk of mass casualties from an extraterrestrial impact is much greater now than it was for most of human history, because the world's population has grown so much and is concentrated in cities.

This analysis assumes that all locations on Earth are equally at risk, which isn't strictly speaking true, but is a close enough approximation of the reality to be a useful starting point.

While there have been only a handful of attested really big extraterrestrial impacts in human history, and only a few more than we have clear evidence of in the last 300,000 years or so when the human species came into being, there have probably been hundreds, if not several thousand that went unnoticed because they landed in uninhabited areas, or left no survivors in thinly populated areas and didn't leave any traces clear enough to attested to their impacts geologically before their impacts were eroded away.

More than half of the “city killer” asteroids that might threaten Earth remain undiscovered. With an infrared eye, NASA’s NEO Surveyor aims to find them.


Image from the linked article in Science magazine.

Russia Has Lost 30% Of Its Black Sea Fleet

Ukraine has done a remarkable job to degrading Russia's Black Sea naval fleet for a country without a navy of its own.

Russia’s Black Sea Fleet was once a dominant regional naval force. But the fleet has been severely weakened, resulting in a shift from an offensive force to a defensive “fleet-in-being.” What’s notable about the fleet’s degradation is that Ukraine didn’t need a traditional navy to inflict it; rather, it used drones, missiles, and targeting to strip the Black Sea Fleet of its ability to operate, offering another example of asymmetric, cheap measures crippling traditional, expensive military platforms.

Russia is believed to have lost 30 percent of its Black Sea Fleet, either to damage or outright destruction. That’s 24–29 vessels lost. Key losses include the flagship vessel, the Moskva cruiser, and multiple landing ships.

The remaining strike force consists of seven offensive warships, including two frigates, three corvettes, and two submarines. So the fleet still exists, but its offensive capabilities have collapsed. . . .
The primary weapon in the fleet’s arsenal is the Kalibr cruise missile. Before the Russo-Ukrainian War, the fleet had the capability to launch large missile salvos. But now the Kalibr can be launched from just five surface ships and two submarines, limiting the fleet’s ability to launch its pre-war missile salvos. . . .

Loss of Bases 

Ukraine has also targeted Russian naval bases. Sevastopol, the primary naval hub, has been repeatedly struck, forcing the fleet to relocate. But the new base, Novorossiysk, has also been under attack.
The result has been that Russia no longer has a secure naval base in the Black Sea, which has obviously degraded its ability to maintain a meaningful presence there. And now, with the fleet concentrated in Novorossiysk, Ukraine has a base under constant drone threat, limiting the fleet’s ability to maneuver.

As a defensive measure, the ships rarely leave port, and the submarines hide near the bases. So the existing fleet is effectively contained—still present but operationally inactive.
Missile Capability Degradation
Maintenance Collapse

The fleet has suffered from a maintenance collapse. The core issue is that there is no dry dock, and the Bosporus Strait has been closed. The result is that no major repairs have been made, and overall readiness has been severely degraded.

Damaged ships have been forced to simply remain damaged, meaning that even ships that survive are slowly losing their effectiveness. . . .

Strategic Implications

The destruction of Russia’s Black Sea Fleet suggests that large ships are now vulnerable to cheap and effective drones that adversaries can deploy in swarms.

Sea control has been redefined; Ukraine does not have a traditional navy, yet it still managed to deny Russia’s ability to use a traditional navy to control the seas.

The global lesson here is that fleets can be neutralized without a fleet-on-fleet battle. The Black Sea may offer a glimpse into the future of naval warfare, where distributed, low-cost systems are effective counters to legacy systems.

From National Security Journal.