A Justice…Misunderstands

Justice Ketanji Br own Jackson dissented strenuously with a Supreme Court ruling that, in part, upheld the Trump Administration’s request for an emergency stay of a lower court’s blocking of NIH from canceling $783 million worth of grants.

The money part of the woman’s (dare I use that term on a person who doesn’t know what a woman is?) dissent:

the high court’s way of preserving the “mirage of judicial review while eliminating its purpose: to remedy harms.”

No. Not at all. The purpose of judicial review is critically—and solely—to ensure that the action before it, along with the statute(s) involved, follow the text of our Constitution and the text of those statutes. Nothing more and nothing less.

But the woman wasn’t done with shredding (to use the in-vogue term) “judicial review” [emphasis added]:

It would have been much simpler for the Court to just announce that, regardless of the plain text of the APA or what Congress intended to authorize, we no longer accept that the Government’s grant-termination decisions are subject to arbitrary-and-capricious review or that vacatur of an arbitrary grant-termination decision is an available remedy.

The greatest harm that is in play here is ruling on the basis of a particular judge’s or Justice’s personal definition of “harm.” Yet, this is exactly what Jackson presumes to attempt with her setting aside the petty text of a statute from which her august self demurs.

The Supreme Court’s ruling, including Jackson’s dissent can be read here.

An Alternative

Or two. The Trump administration is kicking around the idea of taking a stake in companies that receive Federal funds pursuant to the 2022 Chips Act (formally the Chips and Science Act), 10% in Intel being one of the ideas in play. I have an alternative, although it likely would require a legislative modification to the Chips Act: structure the funding as a loan, the [10%] stake as collateral, and dissolve the stake when the loan is repaid.

Another alternative, also likely necessitating modification to the Chips Act, would be to structure the funding as a grant, with the stake dissolved after a [five] year period on satisfactory performance under the grant—suitably boosted domestic research and manufacturing.

Either of these alternatives would mitigate the risk of government-run “capitalism” by getting government back out of these enterprises once performance has been confirmed durably established. They’re similar, too, to the government bailout program of the Panic of 2008, with the critical addendum of a hard withdrawal of government on clearly measurable achievement of tightly defined milestone.

False Comparison

In their letter to the Tuesday Wall Street Journal Letters section, Professors Amy Finkelstein, of MIT, and Matthew Notowidigdo, of the University of Chicago, argued for the necessity of Obamacare.

…because millions of Americans “don’t use” their subsidized insurance, they therefore “don’t need” it. Yet as we teach our students every year, this misunderstands the purpose of insurance. Not filing a claim doesn’t mean you didn’t need insurance. We’ve never had to use our oxygen masks during decades of flying, but that hardly means they’re not essential.

The professors, as educated as they seem to be, should know better than to make such a false comparison. Folks die if they don’t have access to those oxygen masks in the realization of the once-in-a-lifetime likelihood of needing one. Folks without insurance always can get at least life saving care, and usually more than that for a variety of non-life threatening ills, in any hospital ER.

The professors also cynically conflate “need” with “useful.” Having insurance against this or that outcome usually is a useful backstop to have, IFF the accumulated premiums paid are worth the Expected [sic] cost of a realized outcome. Underlying the distinction between “need” and “useful” is the individual’s own assessment of those risks and that value. With Obamacare, though, folks are required to buy the insurance, however bad it is, and to do so wholly independently of any cost/benefit tradeoff that actually exists and equally independent of the individual’s assessment of his risk, or of his need. Risk assessment has been taken out of the individual’s hands altogether.

Mail-in Ballots

The Just the News headline lays out the error.

Trump’s push for ending mail-in ballots and voting machines means process likely to fall on states

This is what Art I, Sect 4, of our Constitution says about elections:

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Place of Chusing Senators.

Whether Congress chooses to tailor a ban on mail-in ballots (other than, I say, for military personnel stationed outside their voting precincts and businessmen on extended business-related travel outside their precincts) and electronic voting machines to each of the 50 States or enact a nationwide ban, such a move would be entirely constitutional.

I Have a Suggestion

Alexander Ward, Alex Leary, and Matthew Luxmoore are rightly skeptical about any agreements Russian President Vladimir Putin might make vis-à-vis Ukraine that would be short of his outright conquering Ukraine or include NATO troops on Ukrainian soil as guarantor of an agreement, even were those troops nationally provided rather than as a NATO contingent.

One of the lesser questions requiring an answer is the location of any meeting among Ukrainian President Volodymyr Zelenskyy and Putin, the principals, and President Donald Trump (R), currently the primary broker of any deal. On this, I have a suggestion, stipulating that the negotiations would proceed in two phases.

The first phase negotiations should be held in the Ukrainian city of Bucha (not the village Bucha, which is a bit south of the city.) The second phase should take place in the Ukrainian city of Makariv, about 20 miles west of Bucha.

These locations, even three years after the fact, would let both Putin and Trump see the results of the desolation and butchery Putin’s barbarian hordes inflicted on Ukrainian civilians in those early days of the barbarian invasion.