Monthly Archives: February 2022

What Should our Courts Look Like?

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President Joe Biden (D) said in his speech Friday announcing his selection of DC Circuit Judge Ketanji Brown Jackson as his nominee for the Supreme Court that “it’s time our courts looked like America.”

Nothing could be less accurate or more Extreme Left.

Our Article III courts—and our State and local courts, as well—are not, and were not, designed to reflect the demographics of our nation. That’s the role of the political arms of our governments, Federal, State, and local. Those political arms are populated by men and women elected by their fellow citizens to be Representatives, Senators, President of our nation, and analogously at the State and local levels. Those are the folks who should look like the demographics of our nation and their State and district constituents. And they do—that’s what our elections achieve, however clumsily.

Our courts were set up, instead, to be independent of those political arms, independent of demographics. The judges and Justices appointed to those courts were given lifetime appointments explicitly to keep them independent of politics. Our courts were created and the judges/Justices are appointed to them for the sole purpose of applying our Constitution and any statutes before them in any particular case as they were written.

Doing that requires no particular demographic on the bench nor any pattern of demographics. It requires only that they honor our Constitution, which holds that legislation is the sole province of the Congress, and that they honor their oaths of office, which hold them to upholding and defending our Constitution and to treat all men and women before them equally under law, without favor or preference of any sort—including demographic.

Being a wise Latina woman with the richness of her experiences is irrelevant to the role of a judge or Justice. Being a black is irrelevant to the role of a judge or Justice. Being a woman is irrelevant to the role of a judge or Justice. Being an American citizen applying the text of the Constitution and the statute(s) as they are written is the role, the only role, of a judge or Justice.

Applying gender or race, or religion, is simply bigotry. Selecting a person for judge or Justice because of gender or race, or religion, is simply bigotry.

Full stop.

A Two-Edged Sword, and another Thought

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Russia is a, if not the, major exporter of energy to Europe, and that helps hold Germany especially, and Europe generally, back from fully supporting Ukraine against Russia’s invasion of that nation.

The two-edged sword is this.

If Russian gas to Europe stops flowing entirely, “this would do severe damage to Europe’s economy and also undermine global growth,” Mr [EurasiaGroup’s Director, Energy, Climate & Resources, Henning] Gloystein said.

That damage, were it to be inflicted by Russia’s President Vladimir Putin, should prod Europe, and especially Germany, decisively away from Russian gas (and oil) altogether, as it would make clear—or should make clear—just how many weapons, including economic, the men and women of Russia’s government are willing to use in order to club Europe into submission.

The disruption from such an assault on Europe would not be felt until the next fall and winter; Europe has reserves enough to finish the present winter. That should be sufficient time for Europe to find more reliable supplies of energy. It might even convince German Chancellor Olaf Scholz to reverse ex-Chancellor Angela Merkel’s panicky cancelation of the nation’s nuclear plant energy production (although, maybe not—Germany has gotten used to tacit subservience to Russia).

The additional thought flows from this remark by President Joe Biden (D) in the context of that Russian invasion, quoted in the article at the link:

I will do everything in my power to limit the pain the American people are feeling at the gas pump. This is critical to me.

This is virtue-signaling dishonesty. Biden’s “everything” consists of begging OPEC and Russia(!) to pump more oil. Biden utterly refuses to open Keystone XL; to get his Cabinet and himself out of the way of exploring, drilling, and pumping lease permits on Federal land and water; to get his Executive Orders and his Cabinet rules and regulations out of the way of our oil and natural gas production and fracking for same; to get his administration out of the way of liquid natural gas production and port development so we can export LNG; to do anything at all to support and expand our domestic oil and gas production.

Biden-Harris’ determined war on our American hydrocarbon energy production industry represents a strong impediment to Europe’s ability to wean itself off Russian energy, and his war supports the Russian invasion effort by contributing heavily to the rapidly increasing price of oil (which underlies those rising “gas pump” prices), which in turn increases revenue for Putin’s Russian economy.

 

[NB: Germany has agreed a limited SWIFT sanction against “selected” Russian banks, and it has authorized shipment of some anti-tank RPGs, stinger anti-aircraft missiles, and 10 metric tons of fuel to the Ukrainian military.]

Yes, He Can

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Since Russia President Vladimir Putin—the man then-Presidential candidate Joe Biden (D) bragged was so afraid of him—invaded Ukraine, oil prices have gone up to levels not seen since the Obama years, even beyond the inflation levels Biden-Harris’ current war on our energy industry had already driven them: $105/barrel. Biden-Harris proclaimed last Thursday,

I know this is hard and that Americans are already hurting. I will do everything in my power to limit the pain the American people are feeling at the gas pump.

Jason Furman, one of ex-President Barack Obama’s (D) economic minions, claims—and he’s actually serious—

This is a world price and the president is largely powerless to do much[.]

Both men are being cynically disingenuous; Biden-Harris’ dissembling, though, given his position in our current government and on the world’s stage, is especially pernicious.

Our President actually could do quite a bit about oil prices for our nation and for our friends and allies; he could do quite a bit about energy prices generally, were he not in thrall to the “green” extreme Left.

He could, for instance, reopen the Keystone XL pipeline and work to get Canada to reopen oil flows from its end.

He could get out of the way of drilling leases on Federal land.

He could get out of the way of fracking for domestic oil and natural gas.

He could get out of the way of American exports of oil and liquid natural gas to Europe.

He could rescind the myriad anti-hydrocarbon regulations he enacted via Executive Order or that he had his several Cabinets enact through rules.

The list is really quite extensive.

Biden-Harris has moved to release oil from our strategic reserve, but that’s merely insulting in its puniness and in its use to distract from energy price inflation.

Instead, Biden-Harris is allowing energy prices, especially those for oil and natural gas, to rise rapidly, and that benefits no one more than it benefits Russia, which needs high oil prices to support its budget—especially during its assault on Ukraine.

An Accurate Read of the Emasculated West

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This time, it’s not Russian President Vladimir Putin or People’s Republic of China President Xi Jinping. It’s Ukraine President Volodymyr Zelenskyy in his very early Friday morning (our time) statement.

This morning we are defending our state alone. Like yesterday, the world’s most powerful forces are watching from afar[.]

Indeed. Safe and comfortable in their seats high in the coliseum as they watch the mayhem down on the sand.

And:

Did yesterday’s sanctions convince Russia? We hear in our sky and see on our earth that this was not enough.

And this:

Today, I have asked 27 European leaders whether Ukraine will be in NATO. I have asked directly—everyone is afraid, no one answers.

Finally,

But we are not afraid. We are not afraid of anything. We are not afraid to defend our country, we are not afraid of Russia, we are not afraid to talk to Russia, we are not afraid to talk about anything, about security guarantees for our country, we are not afraid of talking about neutrality, we are not NATO members at the moment. But what guarantees will we get? And most importantly which countries will give us those guarantees?

What will Ukraine get in the way of guarantees? What would be the value of those guarantees, were any to come? The Budapest Memorandum was a guarantee by the US, Great Britain, and Russia of Ukraine’s political, economic, and territorial integrity if they gave up their nuclear weapons. Those three signatories betrayed Ukraine when they welched on the Memorandum. The first Minsk accords? They were another early betrayal of Ukraine and codified the Budapest “guarantee’s” destruction, a betrayal perpetrated by those same three signers. Minsk II? Again, betrayal. These are the countries that will give new “guarantees.” And now Putin invades.

“No one answers.” The “sanctions” levied by Biden-Harris and his timorous fellows in Europe are insulting in their weakness. The ex-comedian who leads a nation under attack has far more courage and deserves—as does his nation—far more aid, concrete aid, than he’s getting. Aid far more constructive than cheers for his nation and tongue-clucks for Russia, safely delivered from those high up seats.

Sadly, disgustingly, I have to share Zelenskyy’s contempt for these Western…persons…but most especially for Biden-Harris; he, and they, are not leaders. Merely cheerleaders in the stands.

I-Bonds

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For a partial solution to our nation’s high and growing inflation rate, Joshua Rauh and Kevin Warsh propose increasing the existing cap on I-Bonds that Treasury issues. Under the present cap, Americans are barred from buying more than $10,000 of I-Bonds per year plus committing up to $5,000 of a year’s tax refund to such purchases. Rauh and Warsh want to raise those caps.

However, the connection between this and inflation mitigation is at best tenuous. Selling more I-Bonds only gives the Federal government more money to spend, which is inflationary; it increases the interest payments that must be made annually, which is government spending and so inflationary; and it increases the national debt, which is future inflation.

It’s no solution at all.

Furthermore, given the Biden-Harris administration’s penchant for ever more, and acceleratingly more spending—and that of their cronies, the Progressive-Democratic Party in control of both the House and Senate—it’s not clear to me how raising, or even eliminating, the cap on I-Bond purchases by us citiens would have any material inflation-mitigating outcome.

On a larger matter regarding I-Bonds; TIPS; and other Treasury Bonds, and Bills, and Notes in general—I’m not sure why anyone would want to lend any money at all to a Biden-Harris-led US government. Maybe we should stop lending, and stop rolling existing loans. Collect on the bonds instead, and invest the proceeds in productive endeavors, like, say, the private economy where us average Americans conduct our commerce through our mom-and-pop enterprises and our businesses, small, medium, and large.