Tag Archives: rights

Backwards

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The headline and lede demonstrate the utter misunderstanding (to the point of cynically offered distortion?) of the press in the ongoing fight between the Left and the Trump administration’s efforts to streamline our bloated Federal government, bring its spending into line with necessarily lowered income tax rates, and revamp our failed immigration behaviors.

Trump Floods Supreme Court With Appeals to Push Through Agenda
A cascade of Trump administration cases is flooding the Supreme Court, putting the justices on the spot over the administration’s aggressive moves to eliminate federal programs, abolish independent agencies, and recast immigration law without congressional approval.

No. Without the Left weaponizing all of our courts with their lawsuits over every step the Trump administration takes, there would be nothing to appeal to the Supreme Court, emergency or otherwise. This Leftist obstructionism is borne solely of their disdain for, if not hatred of, all things Trump, Republican, or Conservative.

Nor is President Donald Trump (R) seeking to bypass Congress with any of his moves. He and his Cabinet Secretaries understand full well that his moves alone cannot be expected to last past the next election of a Progressive-Democrat President. He and his know full well that Congress needs to statutorily codify his moves in order for them to have any durability.

Trump also knows full well that continuing to wait through Congress’ stately political pace will mean nothing continues to get done in any of those milieus and that waiting through the court system’s drawn out judicial deliberation, suit, countersuit ad nauseum will mean not very much will get done.

The businessman simply is moving at the pace of business rather than at the dither pace of politics and judges. That’s to the good of our nation, no matter the gnashing of the Left and its Progressive-Democratic Party obstructors.

Yet Another Thought

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President Donald Trump’s (R) moves against regulations regarding our showerheads, dishwashers, stoves and ranges, and other household appliances has triggered a thought in me regarding regulation and Congressional delegation.

As we all know, Congress has delegated rule-making to the Executive Branch agencies and Departments, and many of us think Congress has over-delegated. Congressmen have shown themselves loath to wholesale claw back that delegation and write their own regulations to give concrete effect to Congress’ statutes. Here’s an easier move Congress could make regarding that delegation and rule-making.

Let the agencies and Departments conduct their rule-making in the current way, with the requirement for a comment period, the regulators required to take seriously the public’s comments during that period, and the writing of the “final” rule. The added steps are these, and they are few:

1. The agency/Department is barred from implementing the rule at any time in draft form, including via “guidance” letter, before it takes formal, legal effect
2. When the agency/Department has finalized its rule, it must submit the rule to Congress for approval
3. Each house of Congress must approve the rule via floor debate and majority vote—this is the step that gives the rule legal effect, not agency/Department finalization
4. Each house of Congress must approve the rule within 10 calendar days of its submittal to Congress
5. If both houses do not approve the rule within 10 calendar days, the rule is deemed disapproved, and it cannot take effect
6. If the rule is disapproved, whether by overt disapproval or by failure to approve within 10 days, the rule and no rule similar to it can be brought up again for six years

That last rule is especially important: it allows for the possibility of a complete turnover of the House of Representatives three times, it allows for the possibility of a complete turnover of the Senate, and it allows for the possibility of a complete turnover of the White House and, by extension, of the leadership of those agencies and Departments.

NB: I posted the gist of this to DOGE’s Regulations.gov, which is DOGE’s call for, and Web site for receiving, suggestions for rule changes and rescission by us ordinary Americans.

Because when I got to the head of the line, they were all out of humility, so I made up for it with an extra helping of hubris.

Federal and State Funding for Abortion

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There is a move afoot in Congress to remove from Medicare reimbursements for abortion, and there is a case before the Supreme Court that will impact States’ ability to remove funding for abortion from Medicaid reimbursements. The removal from Medicare, should it come to fruition, would be entirely consistent with the Court’s Dobbs v Jackson Women’s Health Organization ruling, which rescinded Roe v Wade and put the abortion question entirely in the States’ hands. Now many States are attempting to act on their newly restored authority—hence the case before the Supreme Court.

It’s true enough that it’s a fraught decision for the mother to bring an unwanted pregnancy to term, but my concern here is for the life of the baby. From this, I see two boundary cases that are especially difficult.

One is where the health of the mother is at risk if the pregnancy continues. In this case, the mother’s health must be weighed extremely carefully against the life of the baby. This weighing may need to occur—must occur?—in open court, with competent, well-trained lawyers speaking for the baby.

The other is a mother’s pregnancy as a result of incest or rape. Carrying the baby to term here is an especially terrible choice for the mother—the pregnant child incest or rape victim may be too physically young to carry her baby to term, in which case, see above. Even where the victim mother can safely do so, it remains an especially terrible choice to carry inside her body a constant reminder of the monster who did this to her. Carrying the baby to term isn’t a matter of the mother’s inconvenience for nine months as some extremists on the right claim—the emotional damage to the mother from that is real, extreme, and often irrepairable.

Conventional wisdom is to permit abortion in the these narrowly defined, and not so often occurring compared to “ordinary” unwanted pregnancies, cases of incest or rape. Conventional wisdom here is not a completely bad bit of wisdom, but I remain concerned: why should the baby have to pay with its life for the crime of another? The baby needs competent, well-trained lawyers speaking for him or her in these cases, also.

It’s also true enough that, while Republicans are attempting to do more to provide fiscal support for those mothers during their pregnancies, in the period surrounding birth, and in the early years after birth (here including adoption options), they need to do better at specifically identifying those needs and then providing for them—and to do so publicly. That shortfall, though, shouldn’t be allowed to impact whether the baby is allowed to live at all.

Excellent but Insufficient

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Kristin Shapiro, of the Independent Women’s Forum, has an excellent idea for checking up on colleges’ and universities’ admissions criteria and seeing whether they’re still using race and gender in their admissions decisions, even though those plainly racist and sexist criteria are illegal.

[R]equire colleges and universities to report the average standardized test scores and grade-point averages of admitted and enrolled students by race.

This can be improved on, however. In addition to publicly reporting those averages for admitted and enrolled students, the institutions should be required to post the averages’ standard deviations, which measure the degree of dispersal of those scores around their averages, and they should be required to post as well the median scores of those distributions. Medians tend to be less heavily influenced by extreme outliers. In addition, the institutions should be required to do that for the populations of students whose applications were rejected.

Better still, would be to require the institutions to make publicly available and searchable their databases of raw scores and GPAs, redacted only of student-identifying data while leaving in the identifications of the high schools and transferred-from colleges and universities of admitted students and of students whose applications the institutions rejected.

Let independent analysts conduct their own investigations rather than requiring the public to rely on the claims of institutions whose integrity already is questionable.

Whose Property Is It?

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“Wall Street” is all in a tizzy over an entirely private deal made by the owner of all two of companies involved in the deal [emphasis added].

The valuation was surprising and so was how the companies got there. Only one set of advisers worked for both sides, when a deal of this size would normally take armies. In short, the unusual process resulted in a megadeal few public companies could get away with.

The news writers willy-nilly assume that all deals must have “armies” of advisers, just because. Why would an owner of two private enterprises need more than his own teams—or himself—to assess whether or how to merge his privately owned companies? Other than spreading fees out among a plethora of Wall Street investment advisor firms, I mean.

The news writers spent a whole section of their piece on the matter of The advisers worked both sides.

This proceeds, cynically, I claim, from a false premise: both private companies are/were owned by the same man. What “both sides?” There was only the single owner’s side.

And whence the question, in the first place? These are private enterprises, beholden to no one in the public sphere, especially the denizens of The Street. Even were the two private enterprises owned by two separate private individuals, no one on The Street has anything legitimate to say about the matter. Maybe this sort of interference-wannabe is part of the motivation for not going public and for taking public companies private.

No, the question implied, but never asked out loud, by these Wall Street Wonders is who owns the two companies—Elon Musk or “Wall Street?” The two news writers address this for themselves, but never put it to the wonders they claim to cite.