Category Archives: regulation

The Fifth Circuit Issued a Ruling

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Some time ago, recall, Department of Education Secretary Miguel Cardona, with the full and enthusiastic support of Progressive-Democrat President Joe Biden, put into effect a Rule (referred to as Guidance Documents in the court’s ruling) that sought to rewrite Title IX to claim that a child’s, or near-adult college student’s, claim of “self-identified” gender was sufficient to allow a boy or a near-adult male access to girls’ bathrooms, locker rooms, and athletic endeavors as “teammates.”

Texas demurred, and the Fifth Appellate Circuit Court agreed.

Among other things, the court wrote [citations included, emphasis added]:

The Guidance Documents build on previously enjoined guidance issued under President Barack Obama. See Questions and Answers on Title IX and Sexual Violence B-2, 89 Fed. Reg. 33,474 (Apr. 29, 2014) (“Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity.”); see also 2016 Dear Colleague Letter on Title IX and Transgender Students 2, US Dep’ts of Educ & Justice (May 13, 2016) (informing educational institutions about the new “Title IX obligations regarding transgender students”). This Court enjoined implementation of these prior guidance documents as contrary to law because “the plain meaning of the term sex as used in § 106.33 when it was enacted by [the Department] following passage of Title IX meant the biological and anatomical differences between male and female students as determined at their birth.” Texas v United States, 201 F. Supp. 3d 810, 832–33 (N.D. Tex. 2016) (O’Connor, J.).

And [citation included]

…Defendants maintain that their actions will only be final when they apply these interpretations to particular factual circumstances via enforcement. But a substantive interpretation that will eventually result in investigative and enforcement activities constitutes final agency action even if an application to specific individual cases has yet to occur. Cf. MPP, 597 U.S. at 809 n.7 (noting agreement between the majority and dissenting opinions that final agency action exists when the action results in a final determination of rights or obligations regardless of some contingent future event).

And:

Regarding the first vacatur-versus-remand factor, the Department will not be able to justify its decision to create law that Congress did not pass and that the Supreme Court did not allow.
…
Not only are the Guidance Documents contrary to law and in excess of the Department’s authority, but the Department will also not be able to substantiate its decision on remand because there is no possibility that it could correct the fundamental substantive and procedural errors.

Thus, the matter won’t even be sent back to the DoEd for correction: there is no deficiency here that the department is capable of correcting.

And, as bluntly as court rulings get:

Thus, the Court applies this default remedy and VACATES the Guidance Documents on the grounds that the Department enacted a substantive rule that is contrary to law, did so in a manner beyond the scope of its legitimate statutory authority to promulgate it in the first place….

In fine, as the court emphasized at the outset of its ruling,

Having considered the briefing and applicable law, the Court concludes that Defendants cannot regulate state educational institutions in this way without violating federal law.

However, in the end, the ruling applies Texas-wide only; it does not apply to the whole of the 5th Circuit’s jurisdiction. The other States in the circuit—Louisiana and Mississippi—will have to go to the expense of bringing their own suits.

The court’s ruling can be read here.

 

h/t Texas Attorney General, Ken Paxton.

Idiotic

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Only Progressive-Democrats could come up with such an idiotic idea, and then demand to spend taxpayer—average American—money on it.

California Assembly Bill 2586 has been passed by the State’s Progressive-Democrat-run Assembly, and it would

mandate[] that illegal immigrants with no US work authorization should be given access to apply for and take jobs provided through taxpayer-funded universities run by the state government.

It now sits in the State’s Progressive-Democrat-run Senate.

This is yet another example of Progressive-Democratic Party politicians’ utter contempt for us average Americans.

Minimum Wage Law Consequence

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Recall that California has enacted one of the highest minimum wage laws in the nation, a $20/hr minimum wage inflicted on fast food restaurants operating in the State.

Now come the consequences, which any schoolboy limited to an allowance could have predicted.

Rubio’s Coastal Grill, a California Mexican restaurant chain, announced the closure of 48 restaurants in the Golden State amid rising business costs.

That’s one-third of the chain’s total operational restaurants in the Southwest, including a few left in California.

Earlier, in anticipation of the labor cost explosion, Red Lobster auctioned off—moved out of—5 California locations, albeit these were among a total of 50 nationwide of which the chain was divesting itself.

In other moves to cut labor costs, Pizza Hut franchises, especially Southern California Pizza Co, has discontinued most delivery services from its California-based restaurants, laying off nearly a thousand drivers.

Can Progressive-Democrats anywhere understand that a high minimum wage requirement—or a requirement at any level—prices unskilled job holders and unskilled job seekers out of those jobs? Can they understand that a wage at any level is vastly superior to no wage at all?

Or is it that Progressive-Democrats are cynical enough to seek to transfer unskilled workers out of jobs where they can gain experience, skills, second incomes, and upward economic mobility and into dependency on Government welfare—where they would represent votes to keep the handouts coming?

There’s a Hint There

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The farm bill just passed out of the House Agriculture Committee contains a provision barring the Secretary of Agriculture from increasing, on his own alleged authority, SNAP spending above the amounts provided for in the legislation:

[c]orrects egregious Executive branch overreach and disallows future unelected bureaucrats from arbitrarily increasing or decimating SNAP benefits.

Austin Scott (R, GA):

The Farm Bill includes protective language that prevents extreme changes to SNAP benefits without Congressional input and continues the cost-neutral status that the TFP [Thrifty Food Plan] has maintained for over 40 years.

The Progressive-Democrat Ag Secretary Tom Vilsack claimed, though, that

the proposal would amount to a roughly $27 billion cut to SNAP[.]

This is the AgSec’s confession that he fully intended to spend—on his own and without any Congressional spending authority to do so—at least those $27 billion above his authorized level. He’s not alone in this. Congresswoman Yadira Caraveo (D, CO):

…it is necessary that we go back to the negotiating table and remove this provision[.]

Senator Debbie Stabenow (D, MI):

It…does not have the votes to pass on the House floor. And certainly not in the Senate[.]

This is the budgeting and spending paradigm of the Progressive-Democratic Party: Congressional appropriations and allocations are mere suggestions, and they are to be disregarded whenever inconvenient to Party. After all, it’s only your and my money they’re spending.

There’s an election coming up. Maybe us average Americans should vote our tax dollars.

“Should AI Have Access to Your Medical Records? What if It Can Save Many Lives?”

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The Wall Street Journal asked that question last week. And their subheadline:

We asked readers: Is it worth giving up some potential privacy if the public benefit could be great?

A good many of the published answers centered on Yes, with oversight by, among others, medical professionals.

This reader (unpublished in the WSJ) says, resoundingly, No. Not now, and not for the foreseeable future, say I. Personal data aggregators, whether government or private enterprise, have shown no ability to protect our personal data, whether from hackers or from organizational carelessness, incompetence, or ignorance. With our medical data especially, very good protection, even six sigma-level protection, isn’t good enough. This is one of the few areas where perfection must be the standard. Since that’s an unachievable standard, AIs must not be permitted any access to our personal data, including our personal medical data.

There are additional reasons for saying no. One is the inherent bias programmers build into AIs. Alphabet’s overtly bigoted Gemini is an extreme example, but the programmers build their biases into AIs through the data sets they use and have their AIs use in training.

There’s also the just as overt bigotry too many medical training institutions apply through their emphasis on diversity, equity, inclusion claptrap at the expense of training actual medicine. Those institutions are producing the doctors that would the second generation of “medical” professionals doing the oversight.

In the current state of affairs, and for that foreseeable future, it’s not feasible to let AIs into any aspect of our personal lives. The blithely assumed public benefit is vastly overwhelmed by the threat to our individual privacy—the “public,” after all, is all of us individuals aggregated.