Author Archives: eehines

An Irrelevant Argument

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Or it should be.

Recall that the Homeland Security Secretary Kristi Noem has canceled Harvard University’s authorization to enroll foreign students over that school’s decision to not bother in any serious way to protect the safety and free speech rights of Jewish students and to keep enrolling “students” who then engage in anti-American and pro-terrorist riots, building seizures, and vandalism, along with its refusal to expel and bring charges against those “students” already enrolled who’ve engaged in those behaviors. These school administration decisions could rise to the level of civil rights law violations, similar as they are, to Columbia University’s decisions which has resuled in that school being charged by HHS with civil rights law violations.

Harvard’s situation:

Harvard enrolls about 7,000 international students—more than 25% of the student body—and like many US universities it relies on their tuition payments, which are often full-fee.

As Noem noted,

It is a privilege, not a right, for universities to enroll foreign students and benefit from their higher tuition payments to help pad their multibillion-dollar endowments[.]

This echoes SecState Marco Rubio’s acknowledgment that even getting a visa (student or otherwise) in the first place is a privilege and not a right. Both acknowledgments also carry the flip side that our government has no obligation to grant visas and no obligation to authorize colleges or universities to enroll foreign students.

Still, Harvard has filed an appeal to Noem’s decision and is seeking an injunction, trying to get a judge to once again dictate from the awesome heights of a district court knoll top what a coequal branch of our government can do regarding foreign policy. In his letter “to the community,” Harvard President Alan Garber wrote that the cancelation,

imperils the future of thousands of students and scholars across Harvard and serves as a warning to countless others at colleges and universities throughout the country who have come to America to pursue their education and fulfill their dreams[.]

This is both cynically specious and wholly irrelevant. That Harvard has designed its business model to be so dependent on foreign student enrollment in no way obligates our government to allow such enrollment. Further, in no way do future “thousands of students” or “scholars” have any intrinsic right to a student visa, or any other form of visa.

The DHS decision here certainly should serve as a warning to others at colleges and universities, and at any other institution or enterprise, that coming into our nation for any purpose is a privilege and not a right, and that granting such a privilege incurs an obligation on the grantee to obey all of our laws, including the free speech rights of others and the sanctity of property, whether privately held or government held.

There is no part of Harvard’s argument that is relevant to the case. What matters—all that matters—is what does the law say? Is this cutoff permissible under existing law?

If the cutoff is permissible, then a non-activist judge who obeys our Constitution and his oath of office, must deny the injunction request. Harvard should have two basic choices: shape up and stop coddling rioters and vandals, or work to change the law.

Unfortunately, the case went before just such an activist judge. Federal District Judge Allison Burroughs has issued Harvard’s requested injunction staying the DHS cancelation.

Memorial Day Celebrations

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I first posted this in 2012.  It bears repeating.

Enjoy this holiday.  Take the time to kick back, relax from the hard work you’ve been doing, and just goof off for a bit.

While you’re doing that, though, do something else, also.  Invite that veteran in your neighborhood, who came back from his service wounded or maimed, and his or her family, to your celebration.  Invite the family in your neighborhood whose veteran was killed in his or her service to your celebration.  They need the break and the relaxation and the support, also.  And they’ve earned your respect and remembrance.

To which I add this, excerpted from Alex Horton’s remarks on the significance of the day to him and his:

I hope civilians find more solace in Memorial Day than I do.  Many seem to forget why it exists in the first place, and spend the time looking for good sales or drinking beers on the back porch.  It’s a long weekend, not a period of personal reflection.  At the same time, many incorrectly thank Vets or active duty folks for their service.  While appreciated, it’s misdirected.  That’s what Veterans Day is for.  Instead, they should take some time and remember the spirit of the country and the dedication of those men and women who chose to pick up arms.  They never came home to be thanked, and only their memory remains.

 

h/t Spirit of America

Serious Judicial Error

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Federal District Judge Myong Joun (District of Massachusetts) has issued a preliminary injunction requiring the Trump administration to desist from its moves to dismantle the Department of Education. Fair enough; the Department was created by Congress, the administration can jawbone for its elimination, but only Congress can do so.

Unfortunately, the judge didn’t stop there. He also ordered DoEd to rehire those employees who’d been RIFed as excess to the Department’s needs.

Not only is there no evidence that defendants are pursuing a “legislative goal” or otherwise working with Congress to reach a resolution, but there is also no evidence that the [reduction in force] has actually made the Department more efficient[.]

Judges don’t get to dictate the purpose of agency/Department heads’ firings of employees. RIFs have as their purpose the removal of unneeded employees—the essence of making any government agency more efficient.

Joun gave the lie to his employment ruling by his decision to not say how the RIFs reduced Department efficiency. He simply wholesale-ly accepted the plaintiffs’ (a group of states, school districts, non-profit organizations, and labor unions) claims regarding efficiency and coupled that with his blithe, unsubstantiated rejection of the government’s position.

It gets worse. Joun wrote in his opening

Defendants do acknowledge, as they must, that the Department cannot be shut down without Congress’s approval, yet they simultaneously claim that their legislative goals (obtaining Congressional approval to shut down the Department) are distinct from their administrative goals (improving efficiency). There is nothing in the record to support these contradictory positions.

Even logic doesn’t seem to matter. There’s nothing contradictory in DoEd Secretary Linda McMahon both working with Congress to eliminate the Department while simultaneously working to make the Department more efficient—which she must do while the Department remains in existence.

Beyond that, judges do not get to dictate to a coequal and separate branch what that branch’s employment practices must be. The judge’s role in the present case, his sole legitimate role under our Constitution and his oath of office, is to adjudicate whether these firings comport themselves with statute and with our Constitution.

Activist judges, judges who go beyond that limit, are violating their oaths of office; from that they are not hold[ing] their Offices during good Behavior. That is an impeachable offense.

This one would have been fine, if on disagreeable ground, had he stopped with his order to stop dismantling DoEd. His meddling in Executive Branch employment decisions has gone too far.

Full stop.

Joun’s injunction can be read here.

Not the Right Answer

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Nvdia’s honcho, Jensen Huang, thinks the administration’s export controls on chips is a failure. He claims all the controls have done is to galvanize[] Beijing to push ahead faster with its own artificial-intelligence technologies.

The local companies are very talented and very determined, and the export controls give them the spirit, energy and the government support to accelerate their development[.]

No doubt. That’s not the whole story, though. Forcing the PRC to spend its own resources on those developments rather than importing the latest and greatest, and then reverse engineering them, copying them, skipping development steps—freeloading off our expenditures—is good for us.

Aside from that, ever since the beginning of the Industrial Age, Western political, economic, and intellectual freedoms have powered Western innovation far ahead of anything dictatorships have been able to achieve, from Russia, the USSR, mainland China, pre-WWII Japan. That’s why they were at such pains to copy Western developments rather than developing their own. The copying was, for a long time, a major component of post-WWII Japan, too.

Rather than giving up on chip export control, we need to tighten them further to the point of cutting off chip exports to the PRC altogether, and we need to get Europe to do the same. There’s no reason to doubt the fundamental innovative superiority of the West so long as we preserve those political, economic, and intellectual freedoms and expand them by getting our governments out of the regulatory way. Free markets always will do better at enhancing our innovative prowess than centrally planned markets in the long run, and in the intermediate run, as well.

A Two-Edged…Coin

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A baby with a rare genetic disorder that’s often fatal has been cured, probably, by a newly developed targeted gene therapy.

Thanks to decades of research, gene sequencing rapidly identified KJ’s disorder.

An overnight success that was years in the making. Then there’s this:

Doctors at the Children’s Hospital of Philadelphia and University of Pennsylvania medical school then raced to design a gene-editing therapy using CRISPR technology to correct the defective gene. …
This process ordinarily take[s] years, though doctors in collaboration with several biotech firms were able to do it within weeks. The Food and Drug Administration also rushed to approve the treatment.

Then the overnight part was itself rushed. We may be seeing the effects of rushing genetic- or RNA-centered therapies with the conflicting reports of a number of the Wuhan Virus mRNA-based vaccines. We’ll learn more about the efficacy of KJ’s gene-editing treatment over the course of his lifetime and whether other genetic-related disorders develop as he ages, particularly as his body passes through the hefty disruption of its hormonal development as it grows into adulthood.

My larger concern, though, is this. This sort of gene-editing to cure genetic diseases also can be harnessed to cure “ordinary” and “normal” genetic complements in efforts to develop “better” babies—stronger, smarter, immune to this or that, or just attempts to “improve” humans.

The disease-curing/preventing advantages of gene treatment are huge and well worth pursuing. But in parallel with that, there need to be serious and draconian controls put on the techniques in order to control (that genie is out of the molecular bottle; it won’t ever be perfectly controlled) and mitigate misuses of the technique—beginning with clear definitions of “misuses” and “better.”