Bigotry and the Left

Nicole Wallace, of MSNBC, says there isn’t any on the Left.  She insists, regarding Congressman Steve King’s (R, IA) remarks, there is no analogue on the Left.

…this does not have a parallel on the left. It doesn’t. There isn’t. There isn’t a strain of racism on the left.

Never mind that the identity politics of the Left, especially with the segregationist bent inherent in it, is fundamentally racist.

Never mind the overt racism of the Left’s heroine Tamika Mallory and her praise of the anti-Semitic bigot Louis Farrakhan.

Never mind the Left’s routine labeling conservative Blacks as Uncle Toms.

Never mind the Left’s routine vilification of conservative women as voting the way their husbands tell them to, or of being worthy targets of rape.

Never mind the Left’s labeling any who disagree with them irredeemably deplorable.

Never mind the Left’s slur of Tea Partiers as tea baggers.

No, none of that is racist, or sexist, or anti-Semitic, or general, casual bigotry.

Russian Acquisitiveness

Russian Foreign Minister Sergei Lavrov is insisting that Japan accept the outcome of WWII as a necessary pre-condition to a peace agreement between Japan and Russia and “improved relations,” including trade, between the two.

That outcome includes Russian occupation of Japan’s Northern Territories, islands in the Kurile chain immediately north of the main body of Japan.  Russia, which joined the war against Japan only in the waning months after Japan’s war effort was in full collapse, seized those islands and now claims them as “rightful spoils.”

Lavrov has already warned the Japanese not to engage in “unilateral rhetoric.” Those islands are Russia’s; it stole them fair and square and has occupied them ever since.

Japan should accept the ceding of its Northern Territories to conquering Russia and be quiet.

Right.  Sort of like Russia is demanding in Europe.

A Magistrate Judge Gets One Right

Of course, the Magistrate Judge Kandis Westmore’s ruling can be overturned on appeal by a District judge in the Northern District of California in which she operates, or on appeal on the ruling’s way up the appellate chain.  Nevertheless, her ruling stands, for now.

In its essence Westmore ruled that, even with an otherwise valid search warrant, a person cannot be compelled to unlock a digital device like a cell phone with that person’s biometrics—a fingerprint, a face, or an iris, for example.

There was a technicality that itself would have invalidated the warrant: it was overbroad.  It requested authority to unlock and search any device found inside the otherwise legally searched premises, including those owned or controlled by anyone happening to be present at the time of the search, and Westmore found that request to be neither limited to a particular person nor a particular device as the 4th Amendment requires.  That’s a 4th Amendment failure of the warrant.

The larger principle, though, flows from a 5th Amendment bar against forced self-incrimination violation. Westmore ruled that biometrics, when used in the context of a search—vis., to unlock a personal digital device—is no different from a personal passcode, and personal passcodes have already been ruled inaccessible to the government, even with a search warrant.  That would be forced testimony against oneself.  The owner of the device must voluntarily give up the passcode, and he cannot be “compelled” to volunteer [citations omitted].

The Court finds that utilizing a biometric feature to unlock an electronic device is not akin to submitting to fingerprinting or a DNA swab, because it differs in two fundamental ways. …the Government concedes that a finger, thumb, or other biometric feature may be used to unlock a device in lieu of a passcode. In this context, biometric features serve the same purpose of a passcode, which is to secure the owner’s content, pragmatically rendering them functionally equivalent.

It follows…that if a person cannot be compelled to provide a passcode because it is a testimonial communication, a person cannot be compelled to provide one’s finger, thumb, iris, face, or other biometric feature to unlock that same device.

And especially this, as I’ve argued elsewhere.

That the Government may never be able to access the complete contents of a digital device, does not affect the analysis.

Government convenience must never be allowed to override the individual liberty of an American.

In the end,

The Government may not compel or otherwise utilize fingers, thumbs, facial recognition, optical/iris, or any other biometric feature to unlock electronic devices.

It matters when, and why, biometrics are used.  The outcome here, should it survive appeal, is a stout blow in favor of individual privacy and a firm limit on Government’s authority to invade an American’s person[], houses, papers, and effects.

The magistrate judge’s ruling can be read here.

California Has Banned Insurance for Car Drivers

As everyone (apparently except the California Insurance Commission members) knows, insurance is the transfer of risk and fiscal responsibility for its realization from one party to another for an agreed fee that’s commensurate with the risk and expected cost being transferred.  The California Insurance Commission has eliminated that for California drivers, mandating that driving coverage be provided independently of the risk transferred.

California has banned auto insurance companies from considering gender when setting insurance rates for private passenger cars.
The Gender Non-Discrimination in Automobile Insurance Rating Regulation went into effect on Jan 1, 2019.

Never mind that men and women drive differently and represent different risks while driving.  This move makes differing risk irrelevant, and so it cancels the risk aspect of coverage for events occurring while driving.

Commissioner Dave Jones claims that the move will

ensure that auto insurance rates are based on factors within a driver’s control, rather than personal characteristics over which drivers have no control.

He’s being disingenuous or ignorant.  Again: what was being insured was actual driving performance, not gender.  That that performance is measurably different between women and men has been actuarially understood for decades.

One outcome of the Commission’s move will be to drive up coverage rates for women—who had enjoyed lower rates because they are lower risks, safer drivers.

Arrogance of the Left

This is made blatantly, nakedly clear by New York City’s mayor, Bill de Blasio.  In his State of the City speech last week, he laid bare the premier goal of the Progressive-Democratic Party, even above doing away with ICE and with our borders generally.  He said—and he meant every word of it:

Here’s the truth. Brothers and sisters, there’s plenty of money in the world. There’s plenty of money in this city. It’s just in the wrong hands.

His first sister is Alexandria Ocasio-Cortez (D, NY) who wants to raise taxes on those wrong hands to 70%—or more; she, like her fellow Party apparatchiks, have articulated no limiting principle to such raisings, they’ve carefully declined to say how much is one’s “fair share.”

After that, de Blasio’s brothers and sisters of the Party want free education and free, single-payer medical care for all, including illegal aliens (remember their open border demand).

How to pay for all of this Party largesse?  The first goal: by taking all that money that’s in the wrong hands and giving to the correct, deserving holders of the money.

Mind you, who are the correct holders, who are the deserving holders, will be defined by those members of the Progressive-Democratic Party.  They’re the ones who Know Better than those with the money, those who’ve earned the money, how that money should be used.

It isn’t their money, anyway.  It’s the Party’s money.  Party generously will let us have some of it for a period of time, though.