Category Archives: regulation

An Activist Judge Gets It Wrong

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DC District Senior Judge Amy Berman Jackson has ruled that

the Trump administration is legally required to secure funding for the US Consumer Financial Protection Bureau (CFPB), and that failing to do so would violate a prior court order barring the government from dismantling or shutting down the agency[.]

However.

Leave aside the fact that the question of the Trump administration funding of the Consumer Financial Protection Bureau and the question of the Trump administration dismantling or shutting down the agency are distinctly separate questions.

The fact of interest here is Jackson’s mistaken ruling that Trump must fund the CFPB. He cannot. By the statute that created the CFPB, that agency is funded solely by the penalties it exacts via its enforcement actions (pay no attention to the conflict of interest behind the curtain) and from the Federal Reserve Bank, the latter which the CFPB draws from according to CFPB-determined needs (pay no attention to the doings behind this curtain, either).

The Trump administration has no control over and no capacity to produce CFPB funding. This is the sort of shenanigan in which activist judges engage, causing increased cost and delay in cleaning up prior messes.

In the “Go Figure” Category

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New Jersey is one of several States that do not require a photo ID to vote. It’s also one of a number of States that offer reduced fare to some groups—senior citizens, military personnel, the infirm, for instance—on their mass transit systems.

Go figure:

Per Rutherford’s Shore News Network, as quoted by Fox News,

Starting January 1 [last Thursday], photo ID required for NJ Transit reduced fares but not for voting[.]

Hmm….

Who’s In Charge?

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State Financial Officers Foundation CEO OJ Oleka noted in his Wall Street Journal op-ed the foolishness of Minnesota’s decision to eliminate its State Treasurer position with effect ‘way back in 2003. Supporters insisted that the position was purely clerical and so not worth the million dollars a year cost. Instead, the position’s responsibilities were scattered around to other State agencies. Oleka added

When no statewide official is clearly responsible for safeguarding public money, taxpayers pay the price.

Like with the multi-billion dollar Medicaid fraud that’s being uncovered in Minnesota. Only it’s not just the citizens of Minnesota who are paying that price; it’s all of us citizens all across these United States.

Oleka also pointed out the value of having someone in charge of watchdogging a State’s public money.

Across the states, financial officers are proving that vigilance works. Kentucky Auditor Allison Ball uncovered $800 million in wrongful Medicaid payments. North Carolina Treasurer Brad Briner found $170 million in unspent funds, while Iowa’s Roby Smith delivered a record $469 million return on investments that help fund state services.

There’s another factor here, though. Every one of those officials are Republicans.

Hmm….

Drug Mistake

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President Donald Trump (R) signed an Executive Order that reclassified marijuana from a Schedule 1 drug (highly dangerous and tightly controlled) to a Schedule 3 drug (not so dangerous, not so tightly controlled, but still illegal at the Federal level.

This is a mistake.

Leave aside all the dangers of modern-day marijuana or its unproven medical uses (multiple studies conflict with each other on the effectivity of a variety of constituent chemicals).

If the purpose really was to improve access for research (to, among other things, address those medical uses and those dangers), there was a simpler way to do that. Schedule 1 drugs are, in fact, deucedly difficult to obtain, even for researchers. However, that could have been addressed by setting up a licensing facility that would ease access to marijuana by approved laboratories and approved researchers working in those laboratories specifically on marijuana research.

It still can be. Trump’s EO can be rescinded, and that licensing facility still can be stood up.

Nanny State Strikes Again

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The lede has it.

California regulators have given Tesla 90 days to meet compliance after an administrative law judge found the company deceived consumers by falsely implying its cars could drive on their own.

The article got specific down the page.

California’s DMV first brought the case against Tesla in 2022, arguing the automaker’s use of product names “Autopilot” and “Full-Self Driving Capability” amounted to false advertising. The regulator said Tesla’s use of this language implied to drivers that its cars could function as autonomous vehicles.

Ninety days to stop calling an autopilot an autopilot and to stop calling a full-self driving capability a full-self-driving capability. Never mind that Tesla’s instructions also instruct drivers to remain alert and to keep at least one hand on the steering wheel.

Because California’s government officials think California citizens are grindingly stupid and cannot think for themselves.