Tag Archives: regulation

Why Not Both?

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Emma Waters and Dr Marguerite Duane, in  their WSJ Letters letter, propose invest[ing] in restorative reproductive medicine as an alternative to in vitro fertilization mandates.

First, a correction to their distortion of Leonard Lopoo’s op-ed regarding IVF as a means of addressing our nation’s baby deficit. Waters and Duane accuse Lopoo of pushing for IVF funding mandates. This is textbook gaslighting. Lopoo was very much in favor of subsidies, not mandates. He did mention one mandate—one State’s requirement that insurance cover IVF—in passing at the end of his piece, but merely as one example of how financial support for IVF can lead to increases in live baby birth rates.

Given that—financial support to allay the high cost of IVF—why do Waters and Duane insist that there must be a choice between the two? Even given IVF mandates, why must there be a choice between the two?

The short answer is that there need not. Support for IVF and research into the causes and mitigations of reproduction-related medical problems actually go hand-in-hand. One treats precursor conditions, and the other treats realized after-the-fact conditions, with considerable overlap in that second set of conditions.

Beyond all that, why not these two together with a host of other means that also encourage having babies, along with other, non-medical means of achieving population growth—legal immigration, for instance, color/ethnicity-blind free markets, lower income tax rates?

More than that

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President Donald Trump (R) fired Progressive-Democrat EEOC commissioner Jocelyn Samuels over her refusal to follow Trump’s instructions and EOs, among other things, rescinding the Biden administration’s EEOC rules requiring employers to pay for, or to pay insurance coverage for, employee hormone and surgical treatments to resemble the opposite sex, in violation of their [employers’] religious beliefs.

Naturally, Samuels is suing over the effrontery of firing her. Her lawyers are making this argument in court:

Because the Commissioners perform predominantly quasi-judicial and quasi-legislative functions, these restrictions on the president’s removal authority are constitutional[.]

On the contrary. Because Commissioners perform predominantly quasi-judicial and quasi-legislative functions from inside the Executive Branch, they’re violating bedrock Constitutional separation of powers requirements. Those requirements are articulated in so many words in our Constitution’s Article I, Section 1, which mandates legislative functions can occur only within the Legislative Branch, and again in so many words by our Constitution’s Article III, Section 1, which mandates that judicial functions can occur only within the Judicial Branch.

It really is that straightforward. Those broad authorities claimed by the EEOC are themselves wholly unconstitutional.

A Good Start

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President Donald Trump (R) has signed an Executive Order that sets up a mechanism for the US to mine and harvest minerals and metals from the ocean floor under international waters. It’s for more than just international waters, but this is the part of importance to me.

Environmentalists and legalists don’t like it, the former because they don’t want the pristine sea floors disturbed at all. It seems unimportant to them that the metals and minerals are critical to our nation’s economy and our defense establishment and that without them, we’d be unable to provide any sort of environment within which environmentalists could environmental.

The latter don’t like it because there’s no international law that regulates or even permits such mining. It’s apparently lost on these that the lack of regulation or permission means that the mining and harvesting is entirely legitimate to do.

At least one mining enterprise, The Metals Co, a Canadian firm that’s still interested in doing business with the US, has said that given the EO and a 40-ish year old American law, the Deep Sea Hard Mineral Resources Act, it can start mining in a year or so.

Given that, the first mines should be set up in the Gulf of America, and done so promptly. The second mines should be set up in the South China Sea, and done so just as promptly.

Another Blow against the Bigotry of the Civil Rights Act of 1964

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President Donald Trump issued an Executive Order last Wednesday, news of which the press is busily trying to spike. Titled RESTORING EQUALITY OF OPPORTUNITY AND MERITOCRACY, the EO gets right to the heart of the matter.

Section 1. Purpose. A bedrock principle of the United States is that all citizens are treated equally under the law. This principle guarantees equality of opportunity, not equal outcomes. It promises that people are treated as individuals, not components of a particular race or group. It encourages meritocracy and a colorblind society, not race- or sex-based favoritism. Adherence to this principle is essential to creating opportunity, encouraging achievement, and sustaining the American Dream.
But a pernicious movement endangers this foundational principle, seeking to transform America’s promise of equal opportunity into a divisive pursuit of results preordained by irrelevant immutable characteristics, regardless of individual strengths, effort, or achievement. A key tool of this movement is disparate-impact liability, which holds that a near insurmountable presumption of unlawful discrimination exists where there are any differences in outcomes in certain circumstances among different races, sexes, or similar groups, even if there is no facially discriminatory policy or practice or discriminatory intent involved, and even if everyone has an equal opportunity to succeed. Disparate-impact liability all but requires individuals and businesses to consider race and engage in racial balancing to avoid potentially crippling legal liability. It not only undermines our national values, but also runs contrary to equal protection under the law and, therefore, violates our Constitution.
… As the Supreme Court put it, “[t]he way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”
Disparate-impact liability is wholly inconsistent with the Constitution and threatens the commitment to merit and equality of opportunity that forms the foundation of the American Dream. Under my Administration, citizens will be treated equally before the law and as individuals, not consigned to a certain fate based on their immutable characteristics.
Sec. 2. Policy. It is the policy of the United States to eliminate the use of disparate-impact liability in all contexts to the maximum degree possible to avoid violating the Constitution, Federal civil rights laws, and basic American ideals.

The EO proceeds from there, including removal of the LBJ administration’s approval of regulations implementing “disparate impact” and direction to the Attorney General to begin removal of related regulations implementing—Trump generously calls them pernicious, I say openly racist—Civil Rights Act of 1966 Title VI. Additionally, the EO instructs the EEOC, HUD, CFPB, FTC, and “other agencies” to take actions necessary to end the use of disparate impact in enforcement actions both ongoing and contemplated.

The EO can be read in its entirety here.

Finally

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HHS Secretary Robert Kennedy, Jr, is moving to remove the Wuhan Virus vaccines from the CDC’s list of vaccines recommended for children.

Finally. Regardless of what anyone—expert or not—thinks of the efficacy of the vaccines or of their side effects, the simple fact is that children, 16 years old, or so, and younger, almost never got infected by this virus, and that number drew even closer to zero as the age dropped.

There never was a need for the vaccine for children, and injecting anything into kids who don’t need it is monumentally stupid, to say nothing about the dangers involved.