Daily Archives: 30 April 2020

A Supreme Court Error

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No, I’m not talking about the Court’s cowardice on gun rights. This one concerns the Court’s nearly unanimous decision regarding any Congress’ ability to undo what a prior Congress has done and the Executive Branch’s obligation to spend money that hasn’t been appropriated.

The Court upheld health coverage providers’ demand, under Maine Community Health Options v US for

payments to health insurers for so-called risk corridors in ObamaCare’s first three years[.]

Never mind that the 112th Congress, in 2010, undid what the prior 111th Congress had done and both refused to appropriate funds for those “risk corridors” and explicitly forbade the Executive Branch from making any risk corridor payments from other funds.

Never mind that money must actually be appropriated before it can be spent. Article I, Section 9 of our Constitution makes that clear.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law….

At least it used to be clear.

Now none of that matters. In addition to the “implied rights” that the Supremes are wont to manufacture, now it has manufactured out of whole cloth an implied obligation.  The health coverage providers are owed the money because a prior, overridden, Congress wanted the money paid out.

And We the People are the ones who’ll be left paying for this egregious error of the Court. Pay up, suckas.

A Taxing Error

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The European Union is making one. Again.

Of the EU-27, France, Poland, and Denmark have so far proposed barring companies that are based, or have subsidiaries, in tax havens from receiving coronavirus-linked bailouts. Italy may soon join them after Foreign Minister Luigi Di Maio added his voice to calls to tackle tax havens.
Meanwhile, the European Commission confirmed on April 24 that its existing rules allow individual EU countries to block coronavirus aid from going to companies based in tax havens.

Whether such companies should be eligible for Wuhan Virus-related bailouts is a separate question. Whether there should be Wuhan Virus-related bailouts at all is yet another separate question.

What’s of particular interest to me is this claim by so-called “tax experts:”

[S]uch national measures could help boost transparency and moves toward a level playing field in global corporate taxation.

It’s inconceivable to these folks that another way to achieve a level playing field in global corporate taxation is for high-tax nations to lower their tax rates rather than trying to compel low-tax nations—those putative tax havens—to raise their own tax rates.

After all, these personages, seem to insist, competition is all well and good, except when it’s inconvenient to Government. The convenience, the outright benefits, to the citizenry of competitive outcomes—lower prices, better quality products, a broader array of them—is immaterial to these personages. As is leaving more money in the hands of those unwashed citizens by inflicting lower tax rates on them.