Category Archives: ethics

A Misunderstanding

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This one, a Wall Street Journal editorial centered on a coerced unionization of ride share companies Uber and Lyft. The editors got their misunderstanding in early, via their lede:

California Governor Gavin Newsom on Friday announced a “deal” with ride-share companies Uber and Lyft that they couldn’t refuse. Democrats in Sacramento will reduce auto insurance coverage mandates that are driving runaway litigation in return for the companies letting drivers collectively bargain.

Yes, they could have refused the deal. The California government foisted onto them a supremely ugly choice, but it was no less a freely taken choice for all its ugliness. The companies’ managers were just too timid to resist, too timid to leave the State altogether, as their own powerful alternative to Sacramento’s demand.

There’s no reason for any business, not just Uber and Lyft, to suffer the politically imposed costs of operating in California. Nothing is stopping businesses from leaving other than the timidity of their managers.

I alluded to it just above: the cost of doing business in California isn’t just fiscal. It’s political, too, reducing as that cost does, a company’s ability to manage its own business affairs in accordance with its own free market imperatives.

Regulation vs Regulation

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In an article centered on a so-called balancing act by Big Oil in an environment in which the Trump Administration is rolling back a broad swath of climate regulations, the news writers had this:

The industry’s biggest trade groups have said they support effective and reasonable regulations. Nixing the programs, the lobbyists said, would create an impossible choice for the industry—ask the administration to reinstate some rules, or walk back its previous support for some regulations.

This is timidity writ large. If the trade groups and the managers of the groups’ constituent companies really think this, that, or those rules are good ideas, then they should self-regulate along those lines. There’s nothing to stop them; there’s nothing forcing them to render themselves dependent on government diktats.

Lobbyists have signaled to the EPA that creating a regulatory vacuum could invite new lawsuits.

The proper response to those lawsuits is to stop being so desperate to settle and to stop hiding behind Government apron strings. With the climate regulation roll back, there are fewer grounds on which to base a lawsuit, and the proper response to those remaining that are brought is to refuse to settle, push the pace on the trials, and burn the suers to the ground in open court. That’ll be expensive in the early stages, especially as they’re forced by activist district judges to go through the appeals process, but it will reduce long-term legal costs far more by obviating a large number of lawsuits in the aftermath of those early ones.

It’s past time for business managers, especially including those running energy producing businesses, to recall the nature of their management roles.

The central imperative of a management position in the United States is to manage a company in a way that satisfies the company’s owners. There is nothing in that imperative that requires a manager to manage his company in a way that satisfies the demands of Government beyond simply following law. Those managers who are that timid that they need to be told what to do by Government need to be replaced; they’re unfit for their management positions.

This is America. Business managers are free to act on their own initiative; they are not required to wait on Government.

A Random Question

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I have one, triggered by a settlement between the Federal DoJ and Kentucky regarding the latter’s granting of in-state college/university tuition rates to illegal aliens living in the State. The settlement has Kentucky rescinding that grant.

Thus:

The first clause of the first article of the 14th Amendment says this:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

The second sentence of that clause says this in pertinent part:

No State shall…deny to any person within its jurisdiction the equal protection of the laws.

What does this suggest about a State’s colleges’ and universities’ use of resident—citizen of the State and of these United States—vs non-resident—but still citizen of these United States—tuition?

Correct Move

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A DoJ paralegal flipped off a National Guard soldier while the paralegal was enroute to her office work. Then she bragged about it to a DoJ security guard on her way into the building. When word got to Attorney General Pam Bondi, her response was prompt and direct. Bondi’s memo to the paralegal said, in part:

Based on your inappropriate conduct towards National Guard service members, your employment with the Department of Justice is hereby terminated, and you are removed from federal service effective immediately[.]

This has two correct moves in the same sentence. The first is the prompt termination of the misbehaving paralegal. The second is especially important: the paralegal is not going to be reassigned somewhere else in the Federal government; she’s barred from Federal employment altogether.

The woman might have gotten away with her reprehensible behavior, even though she would have deserved to be fired, had she not bragged about it. The lack of judgment she showed by bragging about her misbehavior, though, conclusively demonstrates she’s unfit for Federal employment regardless of any specific act of misbehavior.

Bondi’s memo can be read here.

Bureaucrats Leaving

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This time from the CDC. Following Susan Monarez’ removal as CDC Director (which she was contesting as I wrote this, but my point remains the same), several top CDC officials resigned. This isn’t the chaotic mess that some pundits want us to believe, though.

Monarez is on her way out, one way or another, because she repeatedly

clashed with Health and Human Services Secretary Robert F Kennedy, Jr, and members of his staff….

Kennedy is her boss, and her insubordination was actively cheered by the Progressive-Democrats in Congress. Senator Patty Murray (D, WA):

I had serious doubts about CDC Director Monarez’s willingness to stand up against RFK Jr’s personal mission to destroy public health in America—I’m glad that I was wrong[.]

I’ll elide comment on the Progressive-Democrat’s cynically conclusory characterization of Kennedy’s “mission.” There are a couple of reasons why government bureaucrats these days leave beside wanting to move on after having been in such high pressure jobs for some time. One is that they’re disgruntled that they’re no longer in control of government policy (viz., Fiona Hill’s infamous “quite cross” testimony during Trump I’s first impeachment) and are instead relegated to their proper role of carrying out the directives of their bosses and of their bosses’ boss, the President. In frustration, they quit or are fired.

Another reason is that they disagree with those policies and they believe that they cannot in good conscience support them, so they resign. Of the latter two departure reasons, this is the honorable one.

In either case, the disagreements are good things to argue during the discussions at the heart of any decision process. Those discussions should necessarily be private, and once the boss has made his decision, the only honest thing to do is to carry them out, the bureaucrats’ disagreements no longer being relevant, or to resign. Continuing to resist, especially leaking their disagreements to the press, exposes such individuals for what they are: self-important bureaucrats who happen to have, in the present cases, medical or science degrees. They are, on net, no loss when they go.

In the end, a net benefit: the President—whomever he might be from administration to administration—gets a crop of bureaucrats who are on board with his policies rather than being saddled with self-important Know Betters believing themselves the government’s policy makers.

And then We the People can then make a more informed decision about whom to hire into the White House, more confident—or at least less unconfident—in the premise that the policies we’re voting up or down have been his and not those of that crop of bureaucrats.