A Court Missed

This time, the DC Circuit Court has erred.  The Trump administration—Health and Human Services—had allowed Arkansas, among other States, to set work requirements on its citizens as prerequisites to eligibility for the State’s Medicaid program. Folks and organizations sued over that, and the case wound up in the DC Circuit Court.  That Court held with the suers and has blocked Arkansas from proceeding with the work requirements.

Writing for the Court, Senior Circuit Judge David Sentelle held, in part, that HHS didn’t address the purpose of Medicaid in a way that suited him:

to provide health care coverage to populations that otherwise could not afford it….

Sentelle wrote further,

The means that Congress selected to achieve the objectives of Medicaid was to provide health care coverage to populations that otherwise could not afford it.
To an extent, Arkansas and the government characterize the Secretary’s approval letter [allowing Arkansas’ work requirements] as also identifying transitioning beneficiaries away from governmental benefits through financial independence or commercial coverage as an objective promoted by Arkansas Works.

Sentelle then wrote that Azar’s approval letter did not discuss this aspect of the matter, either. That, though, is because it’s so blindingly obvious that explicitly writing, in effect, “this, too,” would have been merely redundant.

Of course, HHS did properly account for the principal purpose. Requiring efforts to work or to learn work skills directly accounts for Medicaid’s principal purpose, by helping folks become able to afford health-care coverage and so no longer be part of those “populations that otherwise could not afford it.”

The ruling needs to be appealed to the Supreme Court, and the Supremes need to uphold HHS’ requirement.

The DC Circuit messed up.

 

The Court’s ruling can be read here (maybe. The Circuit’s Web page is having trouble with this. The Case is Charles Gresham v. Alex Azar, II, Docket 19-5094).

This Loss is No Loss

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.

Stakeholder Capitalism

Vivek Ramaswamy, writing in Wednesday’s Wall Street Journal, offered a brief definition:

“Stakeholder capitalism” is…the fashionable notion that companies should serve not only their shareholders, but also other interests and society at large.

Ramaswamy is right. What the virtue-signaling social justice warriorlettes (of which Ramaswamy is not one) miss, though, is that companies serve “other interests” and society at large by doing well, making money for their owners, and creating jobs for “other interests” and members of society at large—us citizens.

It ripples. Business owners, whether direct owners or shareholder owners, whose businesses prosper have more money with which to start new businesses; or invest in new, or existing businesses; or grow existing businesses; or expand R&D spending; or…pursue their own other interests and their own views of what society at large needs rather than those things the VSSJws demand they pursue.

Employees of those prospering businesses, new employees of those new and expanded businesses, all have more money with which to pursue their own other interests and their own views of what society at large needs, even start their own new businesses or invest in new or existing businesses, rather than doing what the VSSJws demand they pursue.

Telecommunications and Backdoors

It turns out that Huawei has been able to use legislatively mandated backdoors into telecommunications software—backdoors ostensibly for the sole benefit of law enforcement, and then only usable within judicially allowed limits, search warrants duly sworn, in the US, for instance—for years.

But we would never do that, says Huawei in its wide-eyed innocence.

“The use of the lawful interception interface is strictly regulated and can only be accessed by certified personnel of the network operators. No Huawei employee is allowed to access the network without an explicit approval from the network operator,” the [senior Huawei] official said.

The existence of the interface is the access pathway. The bar to its use is wholly a matter of the integrity of the humans involved. This is not a hard concept to understand; Huawei’s management is being disingenuous to pretend otherwise.

Further, PRC law requires PRC companies to cooperate with the government on the government’s demand.

Huawei “has never and will never do anything that would compromise or endanger the security of networks and data of its clients,” the company said.

Huawei’s CEO Ren has also made that preposterous claim. He and his management team insult our intelligence, assuming as they do that we would believe that Huawei would actually defy the PRC government.

Markets in Internet Domains

ISOC, which owns the .org Internet domain, wants to sell the address to a company called Ethos, which wants to go into a for-profit business managing Internet domains or Internet addresses. ICANN has to approve the sale before it can go through.

The free market competition that would result from the sale and others like it is supposed to knell the end of the Internet. The Wall Street Journal‘s Editorial Board likes the idea.

They’re both wrong, and they’re both being hysterical about it.

ICANN, and ISOC, come to that, have done a fine job of managing the domains within their purview. I’m not sure that’s a thing needing fixing, so I’m spring-loaded against the sale of any their domains to Ethos or any other organization.

Competition? Of course. Let Ethos generate its own domain or suite of domains to compete with the .org domain. Let Ethos and other private enterprises create their own domains or suites of them to compete with the existing ICANN-overseen domains like .com, .edu, .[whatevs].

Simply passing a domain from one manager to another does nothing for competition; that’s just a game of Two-Card Monte.