Tag Archives: law

The Gestating Parent Governor

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New York’s Progressive-Democratic governor, Nancy Hochul, styles herself as her State’s “mom governor.” Maybe not anymore.

Under the bill that passed in Albany last week, the word mother would be replaced by “gestating parent” and father would become “non-gestating parent.”
The bill says that proceedings to establish “parentage” (the new word for paternity) can be started by “the gestating parent or alleged non-gestating parent.” The argument made for this rewrite is that current law doesn’t reflect the diversity of family life in the 21st century, which includes same-sex couples and surrogacy arrangements.

This is the Progressive-Democratic Party—the party of misogyny, now extending to ignoring what it is that makes a woman a woman—her biology. Now it’s up to Hochul: if she signs the legislation, she’ll be insulting millions of New York’s citizens while pandering to Party’s central and left wings. If she vetoes it, she’ll likely be harassed by Party for the rest of her term. If she neither signs nor vetoes, but merely allows it to become law without her signature, she’ll be showing herself a coward, afraid to take a stand.

Trade-Through Elimination

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The SEC’s trade rule, in effect for a bit over 20 years, requires trading platforms operating in the US to execute investors’ trades at the best price available across the market, even if that means one platform must go to another platform to execute the trade. The SEC wants to rescind that rule as no longer necessary. The SEC says,

Currently, the US equity markets are highly automated and interconnected and the Commission’s concerns expressed at the time of [the rule’s] adoption in 2005 regarding the lack of mechanisms to connect markets is no longer an issue[.]

The SEC now argues that (as paraphrased by The Wall Street Journal)

stockbrokers already have a strict legal duty to execute trades with the most favorable terms for their clients, making the trade-through rule superfluous.

The exchanges’ “legal duty” is all well and good, but then there are the enforcement costs for violations of that rule. These costs are incurred by the government (i.e., us taxpayers) from enforcing compliance with a case’s outcome, incurred by individual (and institutional) investors from raising a ruckus in the first place, and incurred as opportunity costs during the time between detection of a violation and final adjudication.

Then there’s the difficulty of detecting a violation in the first place, especially for retail investors.

The SEC also argues that rule rescission would save the platforms the cost of buy[ing] expensive market data feeds linked to a bevy of exchanges.

Yet, in order to satisfy that legal duty, the platforms still would need access to some version of those data feeds, or at least to the data in them, in order, in real time (which is microseconds in today’s interconnectivity), to identify that best price available.

This is a rule that should remain in effect. The cost to the platforms is trivial: $54.2 million to $77 million annually, compared with nearly $30 billion in aggregated US platform income. Violations of the trade-through rule, importantly, are far more easily detected, including by retail investors.

A Solution to “Rigging” Elections

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California’s election process provides the canonical example of the problem. “Rigging” is in euphemism quotes (not the press’ over- and mis-used scare quotes) because the perception of rigging an election is as important as any actual rigging. The problem with California’s election procedure is this:

California sends mail-in ballots to all registered voters who have until Election Day to send them back. Many ballots don’t arrive at county election offices until days later. … The result is a large number of provisional ballots are cast that require more scrutiny. All of this prolongs vote-counting.
The state also lets third parties including unions, campaigns and political parties collect and return an unlimited number of ballots on voters’ behalf—a practice known as ballot harvesting.

And

An ID isn’t strictly required to register to vote. Those who don’t furnish one to register are supposed to present one when they vote for the first time in a federal election, though this requirement isn’t strictly enforced. The state lists a gym card, drug prescription and even a sample ballot as acceptable forms of ID. …
County election officials aren’t required to check whether a voter is a citizen or, well, even a person.

And

State regulations also allow late-arriving ballots to be counted even if they lack a post-mark as long as they include a handwritten date on the envelope.

None of that is fraudulent per se, but it sure makes fraud possible—there are no checks that assess the legitimacy of any ballot.

The solution is straightforward, even if politically difficult with timid Republicans and self-interested Progressive-Democrats rife in each house of Congress. Nevertheless, Article I, Section 4, of our Constitution

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations….

allows this solution. Congress can easily specify a nation-wide election rule that mandates these criteria:

  • only American citizens can vote in a Federal election
  • proof of citizenship must be provided at registration
  • mail-in ballots are available only when a voter requests one
  • the only voters eligible to request one are military personnel stationed outside their voting precinct or business persons on business travel outside their precinct on Election Day
  • mail-in ballots must be received by the end of Election Day in order to be counted. Ballots received after then cannot be counted
  • early voting cannot start before the second weekend before Election Day and can run through the Monday immediately preceding Election Day
  • there can be no third-party collection of ballots; each must be cast in person during early voting or on Election Day; mail-in ballots must be put into a mail receptacle for delivery. Unpostmarked ballots cannot be counted

Keeping the voting process universal across American citizens and simple not only is eminently possible, it would vastly reduce both election fraud and the perception of election fraud.

Irrelevant

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In the ongoing struggle between Progressive-Democrat-run States and the Federal government, the Attorneys General of New York, Connecticut, Maine, Massachusetts, New Jersey, Rhode Island, and Vermont have filed suit in the DC District Court in an attempt to undo an administration deal with TotalEnergies that has the latter ceasing its US-centered offshore wind projects and instead starting work on developing US oil and natural gas projects.

The Progressive-Democrat AGs’ argument centered on this:

We are fighting back to stop this illegal agreement that threatens to erase over a thousand union jobs and cheat millions of New Yorkers out of clean, affordable energy[.]

The “illegal agreement” bit is nakedly conclusory and has no merit in any guise. Stipulate the other factors are accurately presented. They are, though, purely business decisions made within a political and economic framework that is solely within the purview of the political branches—i.e., those two which are elected by We the People—and regarding which, the courts have nothing legitimate to say.

The AGs’ argument is wholly irrelevant and without merit in court. It is worthy of debate in the Congress and the White House only.

The role of judges. and of Justices who are a subset of that group and sit at the group’s top, under our form of government is to check the political branches from excess. Their means of doing so are at once powerful and limited. Judges must apply our Constitution as it is written, and must assess the constitutionality of any statute before them in a particular case. If the judges determine the statute to be constitutional, they must apply it as it is written. If they find the statute unconstitutional, they must strike it.

In particular, judges may not alter or disregard any part of our Constitution in favor of their own view of what it ought to be in order to achieve their own view of societal needs or of justice. Nor are they permitted to alter in any way the statute before them to suit those personal views of societal needs or of justice; they must strike it or apply it.

The deal between the administration and TotalEnergies is entirely legitimate from a legal standpoint, and it should be upheld in the district court, the DC Circuit, and at the Supreme Court.

Misbehavior of a Federal District Judge

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A short while ago as such things are measured, a Federal district judge was given a private reprimand for having sex in her chambers with a local police department senior-level cop. Many folks, experts as well as my august self, consider that wholly inadequate.

The judge has since been identified as Northern District of Georgia judge Eleanor Louise Ross, and the (still individually unidentified) senior-level cop as a member of the Atlanta Police Department. Furthermore, her relationship with the cop has been identified as an extramarital one, lasting for two, or so, years, and the relationship included repeated sexual encounters in her judicial chambers, generally within earshot of her clerks and other staff.

That private reprimand, though, is all she got, because she’s sorry, and she apologized, so it’s all good.

Pfft.

The article outlined a number of more serious outcomes for her misbehaviors, leading off with impeachment. That, though, would take a majority of the House voting to impeach and a two-thirds majority of the Senate to convict in order to get her off the bench. The article acknowledged the unlikeliness of that outcome, but without suggesting why. I claim the reason is this: even were impeachment a serious possibility, there aren’t enough Progressive-Democrats in the Senate willing to convict one of their own, the Obama appointee who is Ross.

The article also outlined a number of alternative consequences, but while potentially financially expensive in terms of opportunity cost, they would leave her on the bench. The worst realized outcome of all these would be this:

Recusal motions are the sharpest instrument available. …
The Justice Department has already moved to disqualify Ross from a high-profile voter-roll case, citing both the misconduct findings and her attendance at Fani Willis’s 2024 primary victory party. If that pattern continues, she could find herself a judge in title only.

Judge in title only. That actually is nice work for anyone who can get it. Ross’ pay in 2025, just for being a Federal judge, was nearly a quarter of a million dollars. That puts her income higher than 96% of the rest of us working stiffs.  Nice work, indeed, especially for someone whose word—professional or personal—is worthless.