Daily Archives: 8 July 2024

One More Thought

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Or maybe two….

My first concerns Corner Post, Inc v Board Of Governors of the Federal Reserve System. In this case, the Supreme Court ruled 6-3 that newly created businesses really are allowed to argue against decades-old regulations, here the Fed’s long-standing cap on credit card fees that card issuers are allowed to charge.

Justice Ketanji Brown Jackson wrote in dissent,

The tsunami of lawsuits against agencies that the Court’s holdings in this case and Loper Bright [which removed Chevron defense] have authorized has the potential to devastate the functioning of the Federal Government.

In an era of burgeoning regulatory, vice Congressional, governance of our economy, and in an era where Federal government officials routinely ignore Federal law (immigration) and Court rulings (student debt “forgiveness”) to go about doing whatever an official feels like doing whenever one of them feels like doing it, it’s hard to see the downside of limiting the functioning of the Federal Government, much less to see any “devastation.” The tsunami of lower court lawsuits is simply the dam holding back private citizens’ and our businesses’ objections to such overreach finally bursting. The flood has every chance of flushing away a large part of that overreach detritus before it abates. And abate it will, just as even tsunamis do.

My second thought concerns the worry of Kevin King, a partner with Covington & Burling, regarding the Federal government’s reduced legal ability to blow off the objections of us private citizens and our businesses to government behaviors and the resulting potential for significant differences in interpretation of statutes by courts to develop:

The risk is that you’re going to get variation over geography, a patchwork of decisions[.]

Again, I say, “Yeah, and?” King’s worry seems centered on the possibility that the federated republican democracy nature of our constitutional governance, where the several States are, in their aggregate and individually, the equal of the central government regarding domestic matters might be starting to reassert itself. Furthermore, those geographic disparities are simply the noisy nature of democracy and a reflection of the plain fact that the citizens of one State might not have the same imperatives as the citizens of other States.

There’s also that Commerce Clause in our Constitution, a clause too long dormant, that can be put to the use for which it was devised and included—to smooth over (not paper over) the larger differences among the States where those differences too much impact the separate doings of other States.

Both of these are outcomes to be welcomed, not feared. Especially are they not to be obstructed.

Finland Soft-pedals on Ukraine

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President Alexander Stubb is partially correct, as paraphrased by The Wall Street Journal:

China holds the key to ending the war in Ukraine, urging Beijing to use its sway over Moscow while also calling on the US to lower growing tensions with China.

Stubb is correct to the extent that the People’s Republic of China is a key player in Russia’s war of destruction against Ukraine, but it’s not the key player. On the other hand, US-PRC tensions are irrelevant to the barbarian’s war except to the extent PRC President Xi Jinping chooses to use the war to poke a PRC stick in our eye.

Stubb’s soft-pedaling also comes from a basic misunderstanding of the situation vis-à-vis the barbarian’s invasion, which is done with a view to erasing Ukraine as a sovereign entity and absorbing it into the fabric of Russia. Here he is, exposing the depth of that misunderstanding:

President Xi Jinping holds the keys to a peaceful solution to this conflict because he’s in such a position of power. We in the West, not even the United States, cannot do that. All we can do is to provide arms to Ukraine to make sure it doesn’t lose its war.

There can be no peaceful solution with a barbarian that deliberately butchers women and children, bombs hospitals and schools, destroys power distribution nodes with a view to freezing Ukrainians in winter, and rapes women and children in barbarian occupied cities.

It’s utterly immoral to the point of outright evil, too, for the US and Europe to limit themselves to provid[ing] arms to Ukraine to make sure it doesn’t lose its war. That just keeps Ukrainian soldiers dying or being maimed while fighting to not lose. That just keeps Ukrainian women and children exposed to and dying from continued Russian atrocities. That just keeps the dwindling populations in barbarian occupied cities exposed to privation and continued atrocities. Fighting to not lose only increases Ukrainian losses.

It’s necessary that Ukraine win its war for survival outright, and that requires—demands—that the US and Europe stop supplying only enough arms for Ukraine to “not lose.” It requires—demands—that the US and Europe supply Ukraine, promptly and in numbers, with the weapons it needs to win its war for survival.

Another Stubb misunderstanding: Ukraine has been crystalline in its terms for ending the war: the barbarian’s withdrawal from all of occupied Ukraine. The PRC’s true key role is this: stop supplying Russia with arms, ammunition, technology, and money. Buy its oil and natural gas from sources other than Russia. Anything less is a dilution of its role to the point of meaningless virtue signaling. And poking with a stick.