Category Archives: rights

This Loss is No Loss

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Recall the fact of the tweet that the NBA’s Houston Rockets General Manager sent in support of the Hong Kong freedom protesters.  Recall further the NBA’s abject cowardice in deeply kowtowing to the People’s Republic of China in response to the latter’s projected upset over the tweet and the NBA’s impudence.  The kowtowing was rationalized from the league on down to individual players that they all had money at risk from the GM’s tweet—as if their personal pocketbooks could compare with the sacrifices of life and limb, in addition to economic loss, of those freedom protesters as they struggled for their basic freedoms.

That cowardice was only emphasized, not mitigated, by NBA commissioner Adam Silver’s refusal to tell his teams they had to limit what they said. That came lately.

Recall further, the hoo-raw over the picayune nature of the NBA’s kowtowing and the cynically fiscally-driven rationalizing in which the NBA engaged in defending its response to the PRC government—and its institutional abandonment of those Hong Kong freedom protesters.

Now some information is coming out regarding the cost of the NBA’s behavior—the cost to those pocketbooks the NBA has been so desperate to protect.

The loss “will be in the hundreds of millions,” NBA commissioner Adam Silver said on Saturday, the first time he’d used such a number to estimate the cost to the league’s China business. The hit amounted to “probably less than $400 million,” Silver said in response to speculation that the losses could reach $1 billion….

Silver added,

We were taken off the air in China for a period of time, and it caused our many business partners in China to feel it was therefore inappropriate to have ongoing relationships with us.

The NBA is still receiving only greatly reduced coverage in the People’s Republic of China.

This isn’t a cost, or a loss. It’s the beginning (and, sadly, probably the end) of the price the NBA should pay for abandoning our American principles, and with them the good people of Hong Kong, in favor of the good opinion of an American enemy.

The Equal Rights Amendment

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The Wall Street Journal‘s Editorial Board noted in their Valentine’s Day editorial that the time limit for ratifying the ERA has long passed its expiration date and that Virginia’s lately “ratification” of the Amendment, which might have put the thing over the top for national ratification, came much too late to have effect.

On the whole, I agree with the Editors.

However, on this, I strongly disagree:

The ERA also isn’t necessary today. America in 2020 is a very different place for women than it was when the ERA was written. Laws bar discrimination against women in all walks of life, and women are CEOs, Senators, and the Speaker of the House.

Laws are nearly as easily undone or allowed to go fallow as they are enacted. Our Constitution is much harder to ignore or change–as it must be. Principles that are enacted as statute aren’t, at bottom, principles; they’re merely today’s view of things. On the other hand, principles need to be written into the Constitution if they’re to have lasting effect.

Back to the ERA: it was unnecessary when it was proposed in 1972; that it’s unnecessary today is irrelevant. Article I of the 14th Amendment does the job just fine, especially in the hands of textualist judges and Justices.

Happy Valentine’s Day, a few days after the fact.

Disappointing

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Senator Joe Manchin (D, WV) is defending his vote to convict President Donald Trump during the impeachment and trial fiasco of the last several weeks. In the course of that defense, Manchin says he wanted to see more information from Trump and his defenders. In the course of that, he tweeted [emphasis added]:

I’ve read the transcripts thoroughly & listened to the witnesses under oath. Where I come from a person accused defends themselves with witnesses and evidence. Where I come from a person accused defends themselves with witnesses and evidence.

No, Senator Manchin.  Where I come from—the United States of America—a person accused doesn’t have to do that; it’s on the accuser to prove his accusations.

Full stop.

Manchin should know better.

Gun Control

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Progressive-Democratic Party Presidential candidate Michael Bloomberg is a strong fan of gun control to the point of, ultimately, seizing all of our guns.  He’s even running a Super Bowl ad to that effect. Tim O’Brien, one of Bloomberg’s senior campaign advisors even says about the ad and its gun control subject,

This [gun question] is something that touches families. It most profoundly touches communities of color.

You bet it does. Gun control was something enormously expanded by the Democratic Party to disarm newly freed blacks so they could more easily be lynched by the Democratic Party’s KKK.

Now the Progressive-Democratic Party, and its leading politicians, want to continue that disarmament; they want to prevent blacks, and Hispanics in this 21st century, from being able to defend their families from thugs; they want to maintain gun free zones so people of any skin color or religion are unable to defend themselves.

Nothing to See Here

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Recall that in the aftermath of an initial Flynn pushback against the charges against him, the prosecutors in his case withdrew their recommendation for a lenient sentence and demanded significant jail time.  Recall further that in response to that, Army Lt Gen (ret) Michael Flynn has moved formally to withdraw his guilty plea with an excoriating list of prosecutorial and FBI transgressions as his grounds.

Among the misbehaviors listed in Flynn’s plea withdrawal motion are

  • no actual record of Flynn’s statements to FBI agents exists
  • the original handwritten FD-302 witness report from a critical FBI interview is “missing”
  • subsequent versions of that 302 have been “edited” by allegedly anti-Trump FBI officials

In response, those same prosecutors now have withdrawn their harsher sentence demand and said they’d accept probation and no jail time.

They’ve been caught persecuting Flynn rather than prosecuting him, and they don’t want to have that exposed in open court. They’re hoping they can buy off Flynn with this latest move.

Move along.