Equal Protection Under Law

Harmeet Dhillon, a trial lawyer and California Republican National Committeewoman, has a tweet up regarding equal protection, San Jose, CA, style:

From the 9th Circuit argument Monday morning in Hernandez v. San Jose—City attorney says SJPD should not be held responsible for forcing Trump supporters to walk through a violent mob, because attending a Trump rally is an inherently dangerous act! Did they ask for it?

Play the video, and listen especially to the exchange between the San Jose lawyer and the judge (you may have to crank up the volume to hear the judge).  San Jose is utterly disingenuous in this case.  Equal protection applies, in SJ, only to SJ-approved groups of people.

State Taxation of Internet Businesses

The Supreme Court is hearing a case, South Dakota v Wayfair Inc, that seeks to overturn an older precedent that prevents States from taxing businesses doing business in the State that don’t have a physical presence there.  South Dakota is claiming that

…the 1992 precedent harms state treasuries and disadvantages taxpaying home-grown businesses.

That argument might hold water if the States were powerless. They’re not. There’s nothing at all preventing them from lowering the tax rates they impose on the brick-and-mortar and home-grown businesses resident in those States so they can compete. There’s nothing at all preventing the States from lowering their spending rates and thereby protecting their treasuries.

There’s nothing at all preventing the States from taking advantage of the increased economic activity that would result.