Category Archives: ethics

Add some Teeth to It

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Congressman Andy Biggs (R, AZ) is proposing legislation that would modify the DC Home Rule Act. The piece of interest to me is his Make DC Safe Again Act. Biggs’ proposal would lengthen from 30 days to 180 days the emergency period in which the president can take control of DC police.

I’d like some teeth added to that. Specifically, require DC to pay the costs of the Feds assuming control of the local police unless the DC governing body requests Federal intervention. I’d also like to see legislation that would apply that principle nationwide. Portland of 2020 (especially, but also extending into today) and Los Angeles of the current summer stand as firm examples of that necessity.

Vast Rightwing Conspiracy?

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Nah. Just a vast force out there. That’s the view of some venture capitalists who are launching PACs to support political candidates who favor as little AI regulation as possible and to oppose candidates who want strong regulation of AI and of AI development regimes. Josh Vlasto and Zac Moffatt, for instance:

There is a vast force out there that’s looking to slow down AI deployment, prevent the American worker from benefiting from the US leading in global innovation and job creation and erect a patchwork of regulation[.]

The polemics from the other side are just as extreme: AI will be the death of society, even the death of us all.

It’s certainly true that AI—like all sharply new technologies—carries risks for the current order of things in our economy, as well as benefits for us all on the other side of the disruption, but the extremes from either side and both sides’ ignoring those benefits do none of us any good.

There does need to be serious discussion and debate regarding the appropriate level of regulation of AI and of AI development, and serious discussion and debate regarding how that regulatory setup should itself evolve as AI and AI development evolve.

Notice that word “serious,” though. That takes the discussion and debate, or should, out of the realm of politics and into the realm of tech experts and, critically, us citizens who must live with the outcomes of regulatory decisions. Especially, us citizens must have the final decision regarding these (and all other, come to that) regulations.

A Justice…Misunderstands

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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.

Circularly Self-Serving

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Or self-servingly circular. You decide.

The IRS, this time at President Donald Trump’s (R) behest, is moving to block the trial of a couple of IRS whistleblowers who are suing the agency over its non-payment of whistleblower rewards they believe are owed them over their exposure of alleged tax irregularities inside Bill and Hillary Clinton’s foundation.

“In this case, the Whistleblower Office denied petitioners’ claims because the petitioners’ claims were never considered in an IRS action. Here, the Whistleblower Office forwarded petitioners’ claims to a classifier,” the IRS motion to dismiss argued last week. “Following the classifiers’ preliminary review, the Classifier declined to forward petitioners’ claims to exam and recommended that it be forwarded to the CI [criminal investigation] division.
“The IRS did not proceed with any potential action when it investigated petitioners’ claims,” the IRS added.

The IRS’ claim is this: we didn’t do anything about the beef, therefore, there is no beef about which to sue us.

This is one more example of an agency’s adjudicative facility being judge, jury, and executioner at the direct expense of justice for the individual(s)—or justice for the people if a proper Article III court were to find for the agency.

12 Million Don’t Use The Health Insurance They Have

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The lede lays out the background.

ObamaCare really is a gift that keeps on giving—for insurers. The law forces Americans to buy pricey plans with benefits they don’t need. And now the Paragon Institute reports that taxpayers are subsidizing insurance for nearly 12 million people who never use their coverage.

As the WSJ puts it, here’s the wild part:

More than a third of all enrollees generated no medical claims last year, according to Paragon’s analysis. That includes 40% of those in plans that are fully subsidized. Between 2021 and 2024, the number of enrollees who didn’t use their health coverage more than tripled to 11.7 million from 3.5 million.

There are a couple of reasons for this. One is that being forced to buy something that isn’t needed or wanted bit. The other is that “purchasers,” after paying those enormously high premiums, or having the government pay those premiums with OPM, still would have to pay out of their own pockets for any health care throughout the year because of the enormously high deductibles those ObamaCare plans hide behind.

Forgive us for being old-fashioned, but why should taxpayers subsidize insurance for healthy people who don’t need or use it?

Indeed.