Category Archives: ethics

Speculative Lawsuits

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A collection of Leftist State Attorneys General led by New York’s Letitia James has filed an amicus brief in an existing suit against the Federal government over President Donald Trump’s (R) move to defund the Consumer Financial Protection Bureau. That might leave American banks without a government watchdog, they claim in their brief.

Furthermore, [t]he AGs didn’t accuse any banks of wrongdoing. These AGs further claim

The absence of a functioning CFPB…creates a regulatory vacuum even greater than what existed before the Great Recession. The very large financial institutions that compete with state-chartered banks will have carte blanche to loosen their regulatory compliance and profit accordingly.

Further, as cited by The Wall Street Journal,

The AGs argued that the administration is creating a regulatory gap that will encourage the largest banks to game the system by taking a more lax approach, while smaller state-chartered banks will still be subject to state supervision.

Might. Will have. And those two possibles in the latter: “will encourage” and “will still be.” These are purely speculative, with no harm being alleged. No actual wrong doing, in so many words, is being alleged. Basing a law suit, or even an amicus, on speculation about an unknown future—however likely plaintiffs might claim that future to be—is anathema in the American legal system. The requirement to allege—credibly—actual harm already done prevents a potful of frivolous, of politically motivated, of purely fee-seeking lawsuits where no harm exists, even where no harm is likely to exist in some nebulous future.

The Leftist AGs’ move is typical of the Left’s and their Progressive-Democratic Party politicians’ lawfare business.

This is yet another reason why it’s so difficult for us average Americans to have nice things in our nation. It’s time to start requiring plaintiffs to pay the defendants for the costs of lawsuits which plaintiffs bring and lose, and to require those providing amicus briefs on the side of plaintiffs to share in paying those costs.

Presidential Authority

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President Donald Trump (R) is moving to reassert a President’s authority over the Executive Branch of our Federal government, lately signing an Executive Order that imposes new White House supervision over so-called independent agencies.

The editors of the WSJ center their support for this on

Article II’s command that the President “take Care that the Laws be faithfully executed.” If Congress has charged such agencies with enforcing laws, then the President should be able to supervise how they do their job.

They’re right as far as they go, but the matter is far more basic than that. The first sentence of Section 1 of our Constitution’s Article II lays out the foundational nature of an American Presidency:

The executive Power shall be vested in a President of the United States of America.

Our Executive Branch is run by a single executive officer, not by a committee of board members, especially not by an executive and a number of other executives operating independently of him and of each other.

This is the unitary executive, as some legal scholars term it. It’s long past time it got restored. Trump is entirely correct in this matter.

Chlorinated Water and Cancer Risk

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The New York Post‘s headline screams

Chemical found in US drinking water is linked to 15% higher risk of colorectal cancer, 33% for bladder cancer

The chemical in question is a collection of trihalomethanes (THM)—chloroform, bromodichloromethane, dibromochloromethane, and bromoform—that can form when chlorine reacts with water. Chlorine is routinely added to our nation’s potable water by water producers in order to eliminate bacteria and viruses from our drinking water. Chlorine is very effective at that.

The second paragraph in the Post‘s article lays out the…fear:

A new analysis out of Sweden reports that disinfecting water with chlorine creates chemical byproducts that can increase the risk of bladder cancer by 33% and colorectal cancer by 15%.

What’s the baseline rate of those cancers in the US, though? How big an increase are those 15% and 33% bumps? Those bits of context, critical to understanding the true nature of these risks, are elided by the news outlet.

Here are some data with which to fill in those gaps. According to the American Cancer Society,

[T]he lifetime risk of developing colorectal cancer is about 1 in 24 for men and 1 in 26 for women.

According to the National Cancer Institute,

Approximately 2.2% of men and women will be diagnosed with bladder cancer at some point during their lifetime

Applying the increased risk values to these really quite low baseline probabilities, we get

• likelihood of men getting colorectal cancer rises from 4.2% to 4.8%
• likelihood of women getting colorectal cancer rises from 3.8% to 4.4%
• likelihood of men or women getting bladder cancer rises from 2.2% to 4.2%

Keep in mind the lifetime nature of those risks, which is nicely matched by the lifetime practice we have of drinking chlorinated tap water. Thus, it’s certainly true that these increases are worth watching, especially the bladder cancer risk increase, but these already very low baseline risks remain quite low even with chlorinated water.

Further balancing those risk increases are the enormously reduced risk of infection by serious and debilitating water-borne disease.

Lazy Congress

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This chart, via DOGE, shows the number of regulations that have been written for each law passed by Congress, just since 2010. (Right click on the image and from the drop-down menu choose “Open Image in New Tab” to get a bigger image.)

Go to the link, and mouse over the bars in the graph to get amplifying data beyond the appalling data visible in the image.

This shows how non-specific Congress’ bills are, and yet the President signs them into law. This laziness by Congress and the too-laissez faire attitude of Presidents are unconscionable. Congress needs to write laws to be complete and specific, rather than outsourcing specifity to Executive Branch entities, and Presidents need to veto these too-vague bills.

Europe’s Role in Europe

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In a Wall Street Journal article centered on the EU’s dismay over being dismissed from peace talks among Ukraine, Russia, and the US, there was this bit near the end:

Ukraine’s army today is larger and more capable than the German, French, Italian, and British armies combined. Alongside Russia’s, it is also the only military in the world with a wealth of experience in large-scale modern warfare against a near-peer enemy.

That’s how worthless NATO has become, particularly including those western European nation members. Sure, those nations are nattering on about increasing defense spending. French European Affairs Minister Benjamin Haddad:

The message is clear: it’s time to take our responsibilities, to safeguard our own security.

Well, NSS.

However.

Germany, not atypically, has made those commitments before, and then welched on them. And even those western European nations who did consent to send weapons and money to Ukraine held back on them until the US first sent weapons and money to Ukraine, so timid they have been to act on their own initiative.

It’s time for the US to stand up a separate mutual defense arrangement centered on the eastern European Three Seas Initiative nations—nations which directly front Russia and still remember the devastation caused by the barbarian’s jackboots on their necks. Those nations, too, already are at the European forefront in material and financial support, on a per-GDP basis, for Ukraine’s fight for its existence. And then for us to walk away from NATO, which has been shown to be three years, at least, past its Use By date.