Daily Archives: 21 February 2022

The Judge is Mistaken

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Federal Judge Lee Rudofsky, of the Eastern District of Arkansas says he’ll toss an ACLU suit against that State’s new voter redistricting law unless Biden-Harris’ DoJ joins the suit.

His rationale is this:

After a thorough analysis of the text and structure of the Voting Rights Act, and a painstaking journey through relevant caselaw, the Court has concluded that this case may be brought only by the Attorney General of the United States[.]

Rudofsky is sort of correct to make his threat—the suit should be dismissed. There is no advantage or disadvantage to any race in the new voter map, only to this or that political party. All voters, after all, look alike under law, including voter law.

However, the judge has made a number of errors in this. First, there’s no need to delay a dismissal of the case. DoJ has already communicated its decision to not be a party through its current non-participation.

Second, State districting for Federal elections is an internal State matter per Art I, Sect 4:

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Place of Chusing Senators.

DoJ is not Congress, and Congress has not asked—nor is it likely to—DoJ to make a case. It’s more basic than that, though. Congress can intervene in a State’s voting law only to make changes to existing law; it cannot rewrite State law, or originate State law for that State.

That and maybe Something Else

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Fracking-based energy production is not expanding at anything like a useful rate, even as oil approaches $100/barrel, which only benefits Russia while harming us American consumers.

America’s largest frackers are reporting huge profits but plan to keep oil production in low gear this year, adhering to an agreement with Wall Street, even as prices approach the $100-a-barrel mark for the first time since 2014.

That “agreement” consists of

commitments they made to limit production and return more cash to shareholders, an effort to win back investors who fled the industry after years of poor returns.

That’s certainly a factor. However, even as President Joe Biden (D) claims he wants these producers to produce more in the face of those rising costs, he’s also spending far more energy begging OPEC—and Russia!—to produce more.

There’s another factor that may be strongly informing these producers’ decisions, though.

Maybe these producers just don’t trust Biden, given his openly declared war on our hydrocarbon energy industry—on the frackers—and Biden’s refusal to undo all—any—of his anti-carbon regulations and his other bars aimed explicitly at limiting oil, natural gas, and coal production.

Maybe they think Biden would only resume his war against them once the present energy and resulting inflation crises pass.

They wouldn’t be far wrong.