Relevance

Some of you may recall that the Supreme Court is due to issue its ruling on the Obamacare case of whether the Federal government is allowed to pay health coverage plan premium subsidies to citizens who bought their health plans through ObamaMart instead of State-built and –run exchanges.

Health and Human Services Secretary Sylvia Mathews Burwell on Thursday defended the landmark 2010 US health law as sharply lowering the rate of uninsured Americans, improving health-care quality and making it more affordable.

The Wall Street Journal paraphrased her additional remarks:

Directly addressing the possibility that the US Supreme Court later this month will overturn a central provision of the law, she said such an event would mean “the number of uninsured would jump,” that “affordability goes away” and that a “death spiral” would ensue in the health insurance systems in some three dozen states.

Never mind that the law is quite explicit: it authorizes the subsidies only for those who bought their plans through exchanges established by the States and not through the Federal government’s ObamaMart. Obamacare also is completely silent about costs if the subsidies are, in fact, limited those State exchanges’ plans.

Burwell’s argument is a typical Democratic Party aargument: it’s a good idea, therefore ignore the law, do what we want.

It may be a good idea. If it is, change the law. In the meantime, do what the law says, not what you wish it to say. William Howard Taft, an earlier Chief Justice, had this to say on doing the “right” thing rather than obeying the law:

It is the high duty and function of this court…to decline to recognize or enforce seeming laws of Congress, dealing with subjects not entrusted to Congress, but left or committed by the supreme law of the land to the control of the States. We cannot avoid the duty even though it require us to refuse to give effect to legislation designed to promote the highest good. The good sought in unconstitutional legislation is an insidious feature because it leads citizens and legislators of good purpose to promote it without thought of the serious breach it will make in the ark of our covenant or the harm which will come from breaking down recognized standards.

Taft wrote that in finding a law unconstitutional, but it applies just as clearly to any regulation or procedure purported to be on the highest grounds but that contradicts a law.

I hope today’s Supremes still understand this and don’t fall for the irrelevant blandishments.

Update: An earlier iteration of this post said that Taft had found a law unconditional; in fact he had found unconstitutional.  A sharp-eyed reader caught that.

Artificial Markets

The Car Battery and battery car industries are two, and the situation hasn’t gotten any better in the three years since Mike Ramsey’s piece in The Wall Street Journal.

Since 2009, the Obama administration has awarded more than $1 billion to American companies to make advanced batteries for electric vehicles. Halfway to a six-year goal of producing one million electric and plug-in hybrid vehicles, auto makers are barely at 50,000 cars.

Two of those companies, in fact, have since gone bankrupt: Fisker Automotive and A123 Systems now are wholly owned by People’s Republic of China’s Wanxiang Group Corporation. Without repaying us American taxpayers.

The underlying problem isn’t unique to the Obama administration; his has just been the most recent and most egregious. The plain fact is that government stinks at creating industries and at creating markets. Only free markets—only people acting voluntarily and freely in accordance with their own wishes and needs—can do that. Free markets won’t always succeed at that, either, but in that case, the only ones who suffer losses are those who (voluntarily) made the bet. On the other hand, if they succeed, everyone gains to some degree.

When governments fail at this, though, everyone loses to some degree. Worse, while the same universal gain results from a government success, even neglecting greater friction losses from government involvement, there will have been no choice in the matter.

If the thing can’t survive without government intervention, it’s not ready for market. If it’s not ready for market, it’s…inappropriate…for taxpayers to be forced to prop it up with their tax money.

Government Imperative to Regulate

This time in the commercial space industry. There is a bill slowly wending its way through the House that would limit—or not—regulation of the nascent commercial space industry. This is a bill that would

…extend and update federal protection for commercial launches from some potential liability involving property damage or personal injuries and fatalities on the ground. The legislation [also would bar] the Federal Aviation Administration from closely regulating fledgling space-tourism ventures for up to 10 more years….

There’s a hint about the wrong mindset there. The hint is clarified by the bill’s supporters’ attitude. They [emphasis added]

want to extend until the end of 2025 a so-called “learning period” during which companies and regulators are supposed to analyze operational data and consider the best way to create a regulatory structure.

Based on what theory do they think the commercial space industry must, of necessity, be regulated? What, even, is their limiting principle on government regulation?

The answers to these questions are, respectively, none and none. There is no need to regulate something just because someone wants to do it. Americans are not so stupid that our every action needs a rule to permit or prohibit it or to guide it. The lack of limiting principle is demonstrated empirically by the steady growth (and explosive recently, as that growth has reached the sharp bend in a typical growth J-curve) in the size of our government and the amount of regulation it’s committing on us.

What these guys don’t get is that a free market is a very fine regulator, and one that is both fast acting and flexible in all of its controls. A space company shows itself too dangerous? It goes out of business for lack of customers. It has no customer service worthy of the name? It goes out of business for lack of customers. Customers are reluctant to fly from concerns about recompense? Sounds like a market niche for insurers. Some other problem or reluctance? The market will fill the void, and quickly; it’s what competition does.

All government regulation does is protect the regulated companies from that competition, a function which achieves far more efficient regulation far more efficiently and without need of taxpayer-paid bureaucrats adding to the cost of the service.

The Congressional mindset is another argument for limited government. If it’s small enough, it can better be forced to keep its hands to itself.

What’s in Your Food?

It’s not PC to ask or to know, according to the World Trade Organization.

The World Trade Organization (WTO) just ruled that America’s popular country-of-origin labeling law (COOL) enacted in 2008 violates global trade standards because it erects a trade barrier to US meat imports from countries like Canada and Mexico.

Japanese customers don’t get to know that the beef they’re thinking about buying came from the US. Nor do PRC diners. Nor do American customers get to know that their beef is coming from Canada.

Such knowledge constitutes a trade barrier, don’t you know.

What’s next? WTO ruling that food labeling generally is illegal? After all, if the food is known to be not halal or kosher, Jews and Muslims might not buy the food. Trade barrier.

Market Disruption

…is what happens in a free market, and one result is wealth redistribution, not by inefficient, politically motivated government mandate, but morally and efficiently by voluntary exchange among market participants—folks like you and me. One example of this is the price of taxi medallions.

…leading cabbies and fleet owners throughout the USA worried that their industry will be decimated if local and state government doesn’t intervene.
…
In Chicago, which has the country’s second biggest fleet with roughly 7,000 taxis, the median sale price for a medallion hovered around $70,000 in 2007 before reaching a median sales peak of $357,000 in late 2013.

Since reaching that high point more than a year ago, the value of medallions in the Windy City have sharply declined and sales have ground to a near halt—with the city recording only seven medallion transfers in the first quarter of 2015….

(Aside: can you see the bubble in that?)

Now cabbies and fleet owners are worried about the prices of their medallions and want government to “intervene.”

Cabbies around the country complain that drivers for services like Uber, which use a smartphone app to connect riders with freelancers using their own vehicles, are disrupting the market and playing with an unfair advantage.

Not so much of an unfair advantage. Nothing is stopping the “official” cabbies from using the same sort of smartphone application to achieve the same thing: on demand, low cost rides for the customer. It’s certainly true that the price of a medallion is tanking (but really: 70 large for a license to drive a car for hire? What supports that sort of pricing other than a government protected monopoly?)

Let’s look at the wealth redistribution of a medallion-for-sale monopoly and an Uber or a Lyft, in which anyone can play for as long or as briefly as they wish.

With the medallions—especially with their cost—cab fleets charge high prices per fraction of a mile on the trip, with government-mandated price floors (in addition to the monopoly aspect, a need presumably driven by the necessity of recovering the cost of the license to operate represented by that medallion). Wealth is transferred from the customer to the cab fleet owner, and the customer gets a ride to his destination. When the cabbie can, or is willing to, get to the customer’s location.

With an Uber-like operation, a customer can make his wish known via his smartphone, and a ride-share participant arrives promptly (because there are a lot more of these than there are formally licensed cabbies), and the customer gets his ride, at a rate commensurate with the area and the demand for rides in the area, but at a significantly lower price than the medallioned cabbie. The wealth redistribution is at that lower rate—competition, you know—and the money transferred goes directly to the driver (minus some Uber overhead, which isn’t much compared to that medallion, just for starters).

The fact of that lower price, and the ubiquitousness of what are essentially part-time and wholly voluntary drivers (who are driving as an additional thing, not as their day job) demonstrates that the fleet cab pricing is excessive relative to the industry needs: the alternative to the formal fleets simply have a much lower cost structure.

That’s a thing to be celebrated, however disruptive it may be to the establishment. Medallion cabbies and buggy whips….

Lots of folks are getting a service they want at a lower price than heretofore, and lots of folks are getting some extra money—lots more folks than the special few who drive medallion-permitted cabs.