A Judicial Miss

Recall the Marquette University case wherein a graduate-student instructor, Cheryl Abbate, shut down debate on the subject of gay marriage, arguing that views that didn’t accept such things were “homophobic and unwelcome in her classroom.”  Tenured Political Science Professor John McAdams objected, in blunt terms, to the evident bigotry demonstrated by Abbate in a personal post on his personal blog.  Marquette disciplined him for disagreeing—that’s a violation of Marquette “speech” policy.  McAdams demurred and took Marquette to court.

Milwaukee County Circuit judge sided with the university. The judge, David Hansher, wrote that academic freedom “does not mean that a faculty member can harass, threaten, intimidate, ridicule, or impose his or her views on students.”

And yet, that’s exactly what the graduate-student instructor was doing. Hansher needed to pay actual attention to the facts of the matter.

Irony Meter

Mine has been getting a workout lately.  It’s pegged again.

Russian lawmakers visited Syrian President Bashar al-Assad in the aftermath of the US-UK-French strikes on the center of al-Assad’s chemical weapons production facilities and before the Organization for the Prohibition of Chemical Weapons “inspects” the site of al-Assad’s chemical attack on women and children that prompted the allied response.  Among other things,

[t]he Syrian president also reportedly accepted an invitation to visit Siberia….

I recall an earlier time of invitations to visit Siberia.

Two Birds

I’ve often argued against government spending on matters unrelated to the Constitutionally mandated payment of government debt, providing for the national defense, and seeing to the general Welfare (as defined by the clauses of Article I, Section 8).  I’ve also argued for privatizing the major social welfare programs of Social Security and Medicare.

Now Oklahoma illustrates the failure to limit the one and do the other at the State level, with Medicaid standing in for Medicare.

Following the nationwide trend, Medicaid has taken a growing toll on Oklahoma’s budget. In 2017 the health-care program that is supposedly for the poor consumed nearly 25% of the state’s general fund, up from 14% in 2008, as nearly 200,000 more people enrolled. Lawmakers are left with less money for everything else, not least education.

Which also means crowding out spending on voucher and charter schools, which means crowding out school choice and competition-improved schools—including public schools.

All that spending on Medicaid, too, instead of the State privatizing that—to an extent; this program, after all, is intended to help the poor, so their contributions can’t cover all their medical costs—means Oklahoma’s citizens have less money to spend on their own needs and wants, which depresses economic activity, which reduces revenues to the State, which reduces monies available for programs like Medicaid….  And this chain doesn’t even address the addition of those 200,000 folks since 2008.  That was the year the Panic began, and it may be that most of those added to the Medicaid rolls then truly should have been—but do all of them need to be on the rolls today, or is it time to re-tighten the eligibility criteria?

Equal Protection Under Law

Harmeet Dhillon, a trial lawyer and California Republican National Committeewoman, has a tweet up regarding equal protection, San Jose, CA, style:

From the 9th Circuit argument Monday morning in Hernandez v. San Jose—City attorney says SJPD should not be held responsible for forcing Trump supporters to walk through a violent mob, because attending a Trump rally is an inherently dangerous act! Did they ask for it?

Play the video, and listen especially to the exchange between the San Jose lawyer and the judge (you may have to crank up the volume to hear the judge).  San Jose is utterly disingenuous in this case.  Equal protection applies, in SJ, only to SJ-approved groups of people.

State Taxation of Internet Businesses

The Supreme Court is hearing a case, South Dakota v Wayfair Inc, that seeks to overturn an older precedent that prevents States from taxing businesses doing business in the State that don’t have a physical presence there.  South Dakota is claiming that

…the 1992 precedent harms state treasuries and disadvantages taxpaying home-grown businesses.

That argument might hold water if the States were powerless. They’re not. There’s nothing at all preventing them from lowering the tax rates they impose on the brick-and-mortar and home-grown businesses resident in those States so they can compete. There’s nothing at all preventing the States from lowering their spending rates and thereby protecting their treasuries.

There’s nothing at all preventing the States from taking advantage of the increased economic activity that would result.