Category Archives: law

State Problem, not Federal

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Amid the moves related to canceling, or not, $160 million in Federal funding if California misses its 5 January deadline for canceling some 17,000 Commercial Driver Licenses illegally issued to illegal aliens, comes this Federal lawsuit objection by the Asian Law Caucus and the Sikh Coalition, along with the law firm Weil, Gotshal & Manges LLP:

the cancellations would “result in mass work stoppages” immediately upon the deadline.

Say that’s true, and it likely is. Their beef is with California’s State government for its decision to act illegally and so broadly so, not with the Federal government for enforcing the law. Suing the Feds to stop their enforcement of law should be a nonstarter.

In the “Go Figure” Category

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New Jersey is one of several States that do not require a photo ID to vote. It’s also one of a number of States that offer reduced fare to some groups—senior citizens, military personnel, the infirm, for instance—on their mass transit systems.

Go figure:

Per Rutherford’s Shore News Network, as quoted by Fox News,

Starting January 1 [last Thursday], photo ID required for NJ Transit reduced fares but not for voting[.]

Hmm….

Activist Investor Lawsuits

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Comerica, a regional commercial bank, has agreed to be acquired by Fifth Third Bank, a bank holding company, and HoldCo Asset Management, a serial “agitator” and a minority shareholder of Comerica, doesn’t like that decision and has gone into court to stop it.

It turns out HoldCo Asset Management didn’t like that particular deal [Comerica being acquired by Fifth Third Bancorp], arguing it undervalued Comerica. Its battle with the bank has since turned into an all-out war. The firm urged shareholders to vote against Fifth Third Bancorp’s acquisition of Comerica and sued the banks, saying it wasn’t the best option for shareholders.

The lawsuit strikes me as being entirely frivolous and motivated even more by HoldCo’s arrogance than by its greed. The value of any good or service, here the value of Comerica, is not for any third party to dictate to the participants of any exchange, here the acquisition of Comerica by Fifth Third Bank. The value of the exchange is solely what the participants, the shareholders of each of the two banks, say it is.

The two banks’ boards have agreed the deal and are recommending it to their respective shareholders (read: owners and bosses); although, the haven’t yet voted on it. It’s true enough that HoldCo is one of those shareholders, but the shareholders in their aggregate will assign with their votes the value they deem appropriate.

Minority shareholders should not be allowed to impose their minority position on the majority of a company’s shareholders. If they lose the debate over a company’s acquisition or over any other move made or proposed by the company—if the majority of shareholders at each of the two banks vote for the deal—then HoldCo’s only two legitimate recourses are to accept the outcome or sell their shares.

It’s a matter of property rights, here the rights of shareholders in their property of the shares they own of a company.

Lawsuits centered on a minority’s dislike of a company decision or proposed decision should be dismissed for lack of standing or lack of concrete harm.

Full stop.

Tension?

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The Supreme Court has taken up the question of whether Louisiana’s redistricting effort for its Federal Congressional representation is legitimate, or not. The Just the News‘ news writer, the unusually (for JtN) anonymous “Just the News Contributor,” posed the central question before the Supreme Court:

In Louisiana v Callais, the Supreme Court is confronted with a direct tension between two legal commands: the VRA’s mandate to protect minority voting rights and the Constitution’s limits on race-based decision-making by the state.

There is—or should be—no tension here. Our Constitution says this in Art VI:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land….

In Marbury v Madison, the Supreme Court made clear that conflicts between statute and Constitution must be resolved strictly and solely in favor of what our Constitution says, and every Supreme Court decision since has hewed to the ultimate supremacy of our Constitution. Any tension can exist only in the minds of activists and activist judges and Justices.

Nor can there be any half-measure wherein some level of race-based discrimination is OK. Any race-based discrimination or “preference” in political gerrymandering is too much and a violation of our Constitution. Here’s the 14th Amendment on the matter:

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

The clause does not say No State shall…deny to any person within its jurisdiction the equal protection of the laws, except when it’s convenient to do otherwise.

Full stop.

“Multicultural”

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A news writer for The New York Times, Peter Baker, in typical journalism guild, misstated American culture in an interview with the left-wing network PBS‘ Washington Week With the Atlantic, as excerpted by The Wall Street Journal.

One of the things that they’ve [the Trump administration] been very successful at, and I would expect to see more of, is their war on DEI, on the notion of diversity, equity and inclusion, the notion that diversity is an admirable goal, even if you don’t necessarily want quotas. They have managed in just a very short amount of time to create a new culture in the country—not just in the government, across the board—where private employers feel the need to retreat from DEI. And you’re going to see, I think, an acceleration of that in the second year…. I think the question, though, is in a multicultural country, at some point does that begin to go too far for people and by the midterms?

Leave aside Baker’s blithe assumption that there’s nothing intrinsically racist or sexist in DEI, which favors approved races and the approved gender at the direct, deliberate expense of disapproved races and the disapproved gender. Those favoring criteria, however far down the selection tree they might be, are explicitly and by design racist and sexist.

More than that, the United States is not a mix of race, of old-world cultures, of religions, or of whathaveyous. The Unites States is a nation of a single culture, one unified by a common belief in a basic system of intrinsic rights: to life, to liberty, and to the pursuit of happiness and of a limited government granted to which by our nation’s sovereign citizens only enough power and authority to protect those intrinsic and basic rights.

Baker’s bald claim that the United States is a multicultural country is as cynical as it is wrong.

Even that queen of European identity politics, Germany’s ex-Chancellor Angela Merkel, ultimately recognized that multiculturalism is an abject failure. And that’s something that Americans have known since our inception, if unevenly put or kept in effect.