Category Archives: politics

Briefly

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President Trump has promised to roll back the regulatory state, but he’ll need the help of a judiciary that has for decades deferred too eagerly to executive agencies.

Indeed.  As the WSJ op-ed at the link says, that’ll require the judiciary to recognize its role in the Federal government and, in particular, its position in the hierarchy.

The proximate matter here is a DC Circuit ruling in US Telecom Association v Federal Communications Commission which used the Chevron Deference doctrine (which holds that the Court should be spring-loaded to uphold an Executive Branch agency rule rather than considering its constitutionality—its legitimacy—de novo on its merits) to find for the FCC.  Judge Brett Kavanaugh dissented, and he based his dissent in large part on decrying that deference doctrine.  The WSJ asked

Perhaps the High Court will accept his invitation to revisit a doctrine [Chevron Deference] that has long been abused.

But the existence of the doctrine is the abuse, not that the doctrine gets abused. The Constitution made the judiciary a coequal branch of the Federal government, not a deferential one.

Full stop.

This is Why

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…we can’t have nice schools.

Students at the University of New Hampshire [boycotted] final exams after a student uploaded a picture of another white student in what appears to be a bedtime facial mask, implying it’s “blackface.”

The university caved in to the students’ demands, and postponed the exams.

The right answer would have been to hold the finals as scheduled, let the pupils who skipped them—for whatever reason—receive failing grades on the exams, with attendant consequences for their course grade for the semester and for their graduation.

This should have been a teaching opportunity.  It isn’t civil disobedience unless the disobeyers suffer the consequences of the disobedience; that’s the only way civil disobedience can point up the absurdity of the thing being protested.  Absent those consequences, all that occurs is a toddler’s temper tantrum.  Or a riot.

But University of New Hampshire management (they don’t deserve to be called leadership) was too timid to do the right thing.  Instead, they’ve surrendered the university to the rabble.  In consequence, all this moment taught was that cry-baby temper tantrums get rewarded.

On top of this, the “outrage” was carefully manufactured.

Twenty-one-year-old Eric Buchwald, whose picture was posted without his permission, claims he didn’t depict blackface and it was just a picture of a clay facial mask he’s been using for the last few weeks.
…
A woman who owns the Instagram account that caused the scandal confirmed to NH1 News that Buchwald wasn’t aware his picture was being used; she said it was taken months ago.

A wasted major teaching opportunity combined with the overt racism of manufacturing a racist beef where it’s obvious none exists—a school doesn’t get much more useless than this.

Senate Democrat Obstructionism, More of

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Present Donald Trump, as many of you are aware, has nominated 10 conservative persons to judgeships in a number of Federal districts and Federal appellate courts.  Senate Progressive-Democrats are, of course, objecting.  One of those nominees (David Stras) is a Minnesota judge nominated to the 8th Circuit.  Senator Al Franken (D, MN) is…concerned…because nobody consulted him on the matter, and he’s threatening to block Stras.  There’s no petty, precious arrogance there.  Mm, mm.  Not a bit.

Senator Dick Durbin (D, IL) is more broadly “concerned.”

[A]s long as we have the [blue-slip] authority, we’ll use it if necessary.

“Blue slip authority” is the courtesy the Senate extends to Senators of the State from which a nominee hales: either of those Senators can issue a “blue slip” that withdraws the nominee from consideration until the slip issuer is satisfied regarding whatever concern led him to issue the slip.

However, the blue slip authority isn’t an authority.  It has no locus in law or Senate rules; it’s merely custom. It’s time for Republicans to move ahead on nominations regardless of any blue slips that might be launched like kites in the winds blowing from the Left.

It’s time to start ignoring the Progressive-Democrats’ knee-jerk #NeverTrumpNoWay attitude and ride over it.

A Thought on Tax Reform

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The Wall Street Journal‘s piece by Laurence Kotlikoff, a Boston University economist, on tax reform had this subhead [emphasis added]:

The House proposal beats Trump’s plan, which is more regressive and would induce huge tax avoidance.

There are a number of questions considered in the article, but the prior question, it seems to me is that tax avoidance bit.  The question of tax avoidance is an interesting non sequitur.  Kotlikoff (or the WSJ‘s headline writer), like too many others, is tacitly assuming Government is entitled [sic] to our money; he is giving not the least particle of thought to the need to establish, first, that Government even needs the money before there can be any tax to be avoided.

While us individual citizens must obey the law as it exists, our representatives in Congress must consider that premise, and we must inveigh our representatives to do so.

Expanding their Empire?

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The SEC—the Securities and Exchange Commission—doesn’t have enough power; it wants to convince more private companies, over which it has no jurisdiction, to go public so it can regulate them, too?

To spur more companies to go public, the new head of the Securities and Exchange Commission has turned to a veteran Silicon Valley lawyer whose career has involved some of the biggest deals in history.

SEC Commissioner Jay Clayton seems to be sincere in this effort, but he won’t be around forever, and his predecessor had different regulatory ideas, and so likely will his successors.

Then there’s this:

“The real question is do small-growth companies have access to capital, and they do,” said Robin Graham, Managing Director and Head of Technology, Media and Communications at Oppenheimer & Co Inc. “It’s just in the private markets.”

There’s a hint there.