Irrelevant

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In the ongoing struggle between Progressive-Democrat-run States and the Federal government, the Attorneys General of New York, Connecticut, Maine, Massachusetts, New Jersey, Rhode Island, and Vermont have filed suit in the DC District Court in an attempt to undo an administration deal with TotalEnergies that has the latter ceasing its US-centered offshore wind projects and instead starting work on developing US oil and natural gas projects.

The Progressive-Democrat AGs’ argument centered on this:

We are fighting back to stop this illegal agreement that threatens to erase over a thousand union jobs and cheat millions of New Yorkers out of clean, affordable energy[.]

The “illegal agreement” bit is nakedly conclusory and has no merit in any guise. Stipulate the other factors are accurately presented. They are, though, purely business decisions made within a political and economic framework that is solely within the purview of the political branches—i.e., those two which are elected by We the People—and regarding which, the courts have nothing legitimate to say.

The AGs’ argument is wholly irrelevant and without merit in court. It is worthy of debate in the Congress and the White House only.

The role of judges. and of Justices who are a subset of that group and sit at the group’s top, under our form of government is to check the political branches from excess. Their means of doing so are at once powerful and limited. Judges must apply our Constitution as it is written, and must assess the constitutionality of any statute before them in a particular case. If the judges determine the statute to be constitutional, they must apply it as it is written. If they find the statute unconstitutional, they must strike it.

In particular, judges may not alter or disregard any part of our Constitution in favor of their own view of what it ought to be in order to achieve their own view of societal needs or of justice. Nor are they permitted to alter in any way the statute before them to suit those personal views of societal needs or of justice; they must strike it or apply it.

The deal between the administration and TotalEnergies is entirely legitimate from a legal standpoint, and it should be upheld in the district court, the DC Circuit, and at the Supreme Court.

The Cost of Ethanol-laced Gasoline

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A number of corn State Senators, Chuck Grassley (R, IA), Joni Ernst (R, IA), Deb Fischer (R, NE), Pete Ricketts (R, NE) and Roger Marshall (R, KS), have written about the financial benefits of ethanol in our gasoline.

Expanding E15 availability lowers gas prices by 20 to 40 cents per gallon on average.

Compared to what, though? See below.

And

E15 is a net positive. We know E15 will lower prices at the pump….

Again, compared to what?

I won’t go into the production costs of cars whose fuel-related seals must be designed to handle the corrosive nature of ethanol, nor will I address the maintenance costs of cars burning ethanol-laced fuels, even with those corrosion-resistant (but only resistant) seals, nor why the percentage of ethanol in gasoline tops out at 15% before ethanol’s corrosive nature overwhelms even these toughened up seals.

I won’t mention, either, the increase in the cost of food, including meat, from the diversion of corn away from the grocery store or the production of animal feed toward the production of ethanol. I’m only going to mention the immediate fiscal costs to the consumer of ethanol-laced gasoline, taking corn-based ethanol, corn being the primary source today for ethanol production, as my illustration.

It costs $1.74 in 2001 currencyto produce a gallon of ethanol from corn, and it costs 95 cents to produce a gallon of gasoline.

A gallon of E15 gasoline consists of 85% gasoline, and 15% ethanol. According to my 3rd grade arithmetic, the costs embodied in that gallon are 85% of $0.95 plus 15% of $1.74, or a skosh under $0.81 plus a skosh over $0.26. That’s $1.07 per gallon of the hybrid fuel. Using my 3rd grade arithmetic again, that’s $0.12 per gallon more than for unadulterated, and much easier on the car, gasoline.

That’s not cheaper fuel for our cars; it’s much more expensive. Those Senators bragged that

Expanding E15 availability lowers gas prices by 20 to 40 cents per gallon on average. That could mean around $400 per year in savings for a US household—precious dollars that could be spent on other needs.

The irony in that isn’t lost on me, even if it seems lost on those Senators. Instead of those 30 cents per gallon (to take the middle of their range) in ethanol-laced gasoline, not having to spend that baseline of 12 cents extra per gallon at all, all year long, would save roughly $160 per US household—precious dollars that could be spent on other needs, like food, including meat, made cheaper by no longer diverting corn to making alcohol. (OK, a little mention.)

Not “Back to Other Agencies”

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The Wall Street Journal‘s editors are dismayed that an intel naif like Bill Pulte has been designated the Acting Director of National Intelligence. They go farther and want the whole office of the DNI eliminated altogether. I’ll not go into Pulte’s qualifications, or lack, for the position; my disagreement with the disposition of the office.

Its first director, John Negroponte, quickly hired hundreds of people who duplicated the job of the analytical side of the CIA. It’s now a vast political bureaucracy.

The editors are correct in this criticism.

However.

From the editors’ penultimate paragraph:

In a better world, Congress would use Mr. Pulte’s appointment to eliminate the DNI and send its staff back to other agencies.

No, if that staff really is redundant (and the vast bulk of them are), that better world would see the large excess returned to the private sector, rather than reallocated elsewhere in the government, inflicting their unneeded employment on other agencies.

Better yet would be for Congress to amend the legislation creating the Office of DNI: cap the total number of employees, volunteers, staff on loan to the DNI, and political appointees, Senate confirmable or not, at some low number like 100 and no more. In conjunction with this, explicitly limit the ODNI DOC to coordination among the other intelligence agencies, facilitating communications among them, and the like. Explicitly bar ODNI from doing its own intelligence gathering or fact checking of other agencies’ data, and the like. Give the DNI some teeth: his instruction for an agency to share these data, unredacted, in toto, and immediately, with that (or those) other agency(s) should be directive, not suggestive, with bureaucrats stalling, slow-walking, or outright refusing, being a fireable offence on the DNI’s authority, with the President strongly encouraged to fire the obstructing political appointees.

But as the editors alluded with their own proposal, that’s in an ideal world. We live in a Congressional world, instead.

At It Again

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Section 702 of FISA is up for renewal, and President Donald Trump (R) has nominated Federal Housing Finance Agency Director Bill Pulte for DNI after the incumbent Tulsi Gabbard announced her resignation to be with her husband, who’s been diagnosed with cancer.

Progressive-Democrats, obstructionist Never Trump-No To Republicans to the core, are saying they’ll block Pulte’s confirmation unless they get what they want in FISA’s renewal legislation.

Regardless of what we might think about FISA and its Star Chamber court or of Pulte’s fitness for DNI, it’s time for Republicans to locate their spine, recovery a measure of unity, and use their majority to simply ignore these Progressive-Democratic Party politicians and move ahead. Who will become DNI has nothing to do with whether FISA should be renewed. This is just Party attempting to extort their way into control.

How Dare They?

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The Supreme Court overruled a district court three judge panel and allowed Alabama to proceed with a prior Congressional district map that’s skewed 6-1 toward Republican House representatives instead of that lower court’s mandated newly created map that skewed 5-2 for Republicans. This ruling came in the aftermath of the Court’s prior Callais ruling that held that racial gerrymandering was no longer allowed.

Progressive-Democrats are in their usual uproar.

Liberal Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, dissented.

“Before the Court are two paths. Down one lies an orderly election. … Down the other lies a chaotic election, held under a never-before-used congressional map that intentionally discriminates against Black Alabamians.”
The President Barack Obama-appointed justice also wrote that the high-court’s conservative majority “chooses the second path and disregards both democratic values and the rule of law.”

And

In a public statement, [Progressive-Democrat Congresswoman Terri Sewell (AL)] called it a decision allowing Alabama to use its “racist congressional map” for the midterms, expressing frustration over the reversal of prior efforts to create additional majority-minority districts.

My irony meter is pegged, and my hypocrisy warning light is flashing. There’s nothing more racist than demanding some Americans be segregated into a separate voting district, explicitly as Sotomayor, et al., and Sewell are demanding for the protection of those singled-out Americans. How hypocritical that the politician is objecting to the possibility of losing a Congressional seat that belongs to her.

How dare those impudent Justices insist on acting on what our Constitution and the Voting Rights Act actually say instead of what those Progressive-Democrats and their subordinate activist Justices want them to say?