In Which a Judge Gets It (Mostly) Right

Judge Reed O’Connor of the US District Court for the Northern District of Texas ruled at the end of the summer that the Obamacare requirement that health coverage providers must provide coverage for particular aspects of health care—and do so at no cost to the individual being covered—was unconstitutional. He’s currently considering whether to make his ruling permanent and if so, whether to make his ruling applicable only to the litigants in the particular case or to make it nationwide. (As an aside, I have trouble seeing how a ruling of unconstitutionality can have any range less than national.)

Michael Cannon, Cato Institute’s Director of Health Policy Studies, testified as an expert witness in the case that

People have a right to choose whether and what kind of health insurance they need and want. The government shouldn’t be requiring people to buy coverage of any service, whether preventive or otherwise.

O’Connor’s ruling to that extent would be partially correct. However, Government also shouldn’t be dictating to private companies what they must or must not produce. That’s textbook fascism.

There’s also no authority in our Constitution for government to determine what private companies can and cannot produce.

They Should Take Him Up on His Offer

Many California local jurisdiction officials dispute with California Governor Gavin Newsom (D) over which has the larger responsibility for the homelessness rampant in those jurisdictions and what action should be taken to mitigate the problem. As a result of the dispute,

Mr Newsom recently put a temporary freeze on $1 billion of state grants for city and county homelessness programs. He also rejected a slate of proposals from local officials outlining how they would spend the money, saying the measures would have reduced homelessness statewide by 2% between 2020 and 2024, which he deemed inadequate.

In response,

Mayors and county officials, meanwhile, have said they need the Newsom administration to provide reliable, recurring revenue streams and a cohesive statewide framework to address the issue.

No, they don’t. City and county officials need to reassess their own spending priorities and their own ordinances regarding housing, employment, and homelessness and make their own adjustments. Nor should they be holding out for a Statewide “framework” for the problem: each local area has its own unique set of homeless problems, even if there might be considerable overlap among the areas.

Then these city and county officials need to accept Newsom’s generous offer to step back from interfering in city and county governance; they should accept his withholding from them of State funding.

The less State funding a city or county takes from the State government, the less hold on the city or county the State has and the weaker the ability of the State to dictate behaviors to the city or county government. This would be a relative increase in city and county power relative to the State and a net gain for the individual liberties of the local residents and the State citizens resident in there.

What’s not to like?