Misguided

In light of whose DoJ it’s been doing this most recently, it’s easy to say it was nefarious.  But the whole thing could be eliminated with either of a couple of steps and a change in underlying procedure.

What is “it?”  It’s a secret (or merely secretive) slush fund fed by settlement proceeds from DoJ civil suits against large banks.

When big banks are sued by the government for discrimination or mortgage abuse, they can settle the cases by donating to third-party non-victims. The settlements do not specify how these third-party groups could use the windfall.

So far, investigators have accounted for $3 billion paid to “non-victim entities.”

Those third-party non-victims, under the Obama administration, were grassroots activist organizations favored by the Obama crowd.  These organizations consisted of the National Council of La Raza, the National Community Reinvestment Coalition, the National Urban League, and the like.

That arouses suspicion.  As Ted Frank, Competitive Enterprise Institute’s Director of the Center for Class Action Fairness, put it,

The underlying problem with the slush funds is we don’t know exactly where the money is going. Using enforcement authority to go after corporate defendants, DoJ bureaucrats are taking billions away from taxpayers to fund their pet projects overriding congressional preferences.

It’s bad enough that the money is going to those favored groups—directly to them and not going through DoJ or Treasury enroute—but as Frank noted, it’s taxpayer monies once the banks have paid the settlements, whether these were legitimate settlements or coerced ones.

It also turns out that much of the funding of the slush funds are “voluntary” extra payments, “encouraged” by DoJ.  Except that when DoJ is holding a lawsuit over the banks’ heads, there’s very little voluntary about acceding to “encouragement.”

The better solution is one of two: pay the money exclusively to the Treasury Department for the use of the Federal government.  That, though, leaves in place incentives for DoJ to browbeat the banks rather than seek justice for those the banks have been alleged to be cheating.  The better alternative, then, is for the banks to pay the money directly to the alleged victims.

The change in underlying procedure—the best solution—is for DoJ to stop being spring-loaded to settling.  If they have a case, bring it to court, and push the pace on it (the banks should do this, too; neither side should be allowed to stall the other).  If DoJ isn’t ready to bring the case, it should drop it altogether.  The settlements, even well-intended ones, just look like lawfare extortion.

Hysteria or Hypocrisy?

You pick ’em.  The latest example of irrationality (which is a superset of both hysteria and hypocrisy) comes via V the K at GayPatriot.

Recall that the Progressive-Democratic Party that runs Philadelphia passed a massive sugar tax to be levied against soft drinks sold in the city.  Recall, too, the high school economics teaching that if you raise the price of something, demand for that something falls off.  Finally, recall that applying a tax to that something is the same as raising its price.

The [soda] tax is huge, amounting to a 45% to 100% increase in the final consumer cost of typically affected beverage products.

Last week the other shoe dropped.

Two months into the city’s sweetened-beverage tax, supermarkets and distributors are reporting a 30% to 50% drop in beverage sales and are planning for layoffs.

And

One of the city’s largest distributors says it will cut 20% of its workforce in March, and an owner of six ShopRite stores in Philadelphia says he expects to shed 300 workers this spring.

“People are seeing sales decline larger than anything they’ve seen up to this point in the city,” said Alex Baloga, vice president of external relations at the Pennsylvania Food Merchants Association.

And

Sources with Teamsters Local 830 say that layoffs are “imminent” and that some workers have seen their take-home pay drop by 50 to 75% because they’re moving less product.

Restaurants are feeling the pinch, too. Josh Kim, owner of Spot Gourmet Burger, says sugary drink sales at his shop have gone down about 10 to 15%.

Naturally, the Progressive-Democrats, unable to confess to their economic illiteracy (I don’t think they’re economically illiterate, either; these are the party of Know Betters; economics is one of the things they Know Better than us petty commoners), are calling the supermarket and distributor management greedy liars.

We have no way of knowing if their sales figures and predicted job losses are anything more than fear-mongering to prevent this from happening in other cities,” said city spokesman Mike Dunn.

“I didn’t think it was possible for the soda industry to be any greedier,” [Philadelphia Mayor Jim] Kenney said in an emailed statement. “… They are so committed to stopping this tax from spreading to other cities, that they are not only passing the tax they should be paying onto their customer, they are actually willing to threaten working men and women’s jobs rather than marginally reduce their seven figure bonuses.”

Go figure.

Call Them on Their Obstructionism

Heather Higgins, CEO of Independent Women’s Voice, says go big or go home regarding Obamacare.  Republicans in Congress should quit dithering, should not play reconciliation games, and should simply put an Obamacare repeal and replace package up for vote.  This would force the Democrat obstructionists—especially those #NeverTrumpNoHow and #NeverRepublicanNotEver Progressive-Democrats in the Senate on the record as by-name blocking reform of the Obama program that is in its death spiral, the endpoint of which will leave millions of Americans without health coverage and without even coverage providers to which to appeal.  Especially put those 10 Progressive-Democrats pretending to moderacy in order to protect their precarious reelection chances in 2018 on the spot.

Now that insurers are acknowledging the death spiral, there’s an opportunity for bolder action. The House could use regular order, not reconciliation, to pass a bill that not only fully repeals ObamaCare—returning control of the private market to the states—but simultaneously puts into effect at least the core components of reform while including grandfathering and other provisions to smooth the transition to lower-priced options on the free market.

Such a bill could easily pass the House, putting pressure on the Senate. Would Minority Leader Chuck Schumer allow proper consideration of much-needed health-care reform? And with all the evidence that ObamaCare has been a disaster and—untouched by Republicans—is quickly unraveling, would Democrats, 25 of whom are up for re-election next year, vote to defend the status quo?

And

There would be two Senate filibuster points—the first, to allow consideration; the second, to allow a vote. Thinking through what would happen, the American public and Trump administration would be well served by this exercise of transparent democracy.

If Democrats blocked consideration of the bill, they would do President Trump a favor by showing the public the parliamentary shenanigans of the anti-deliberation filibuster—call it the “Senatorial Full Employment Through Avoiding Tough Votes” maneuver.

And

If Democrats refuse to allow debate, Republicans should kill the filibuster against deliberation (as distinct from the filibuster to end debate and hold a vote). They can do so by simple majority vote, as Harry Reid showed when he ended the filibuster against most nominations in 2013. Either way, the Senate can actually have a vote on repealing the Affordable Care Act and reforming health care.

Republicans should heed this advice, and go for it.  If it fails, Republicans can always go the reconciliation route.

Of Course He Does

California has an infrastructure failure problem that involves everything from its roads to its dams and other water control facilities.  Governor Jerry Brown (D) says it will cost $187 billion to fix its infrastructure, and he wants $12 billion per year of Federal funding to help with that.  In actuality, Brown doesn’t want Federal funding, he wants what Federal funding consists of: money taxed by the Federal government from the good citizens of financial straitened New York to help pay for his needs, he wants money taxed by the Federal government from the good citizens of nearly bankrupt Illinois to help pay for his needs, he wants money taxed by the Federal government from the good citizens of fiscally responsible and so flush Texas and Utah to help pay for his needs.

He doesn’t care that his State’s infrastructure is in such poor shape because he and prior administrations of both parties deferred maintenance they knew at the time was promptly needed.

When asked why California hadn’t spent more on infrastructure before, Mr Brown said it wasn’t seen as a priority before. “This is the way the world works,” he said. “The immediate takes precedence over the more fundamental.”

Leadership wouldn’t acquiesce so meekly to the immediate, though.  Leadership would push the matter and get his bosses, the citizens of California in the present case, behind the more fundamental.

Oh, and there is the “green” lobby, too.  Amid all the current plenty of water, all that’s happening is flooding (those badly maintained dams are part of this problem, to be sure), denial of that plentiful water to farmers, and routing of plentiful water that isn’t flooding straight to the sea.  For instance,

the Central Valley Project Improvement Act[] diverted 1.5 million acre-feet of water—roughly a fifth of the total water delivery—annually to wildlife and green hobbyhorses. That ultimately means flushing it out into the ocean. “Basically, they’ve now legislated a permanent drought in the San Joaquin Valley,” Mark Borba, a cotton farmer….

That’s still going on.  And this:

The San Joaquin River Restoration Program, the result of a 2006 settlement in a lawsuit over fish habitat, took away another some 225,000 acre-feet of water annually.

Progressive-Democrats are willing only to spend OPM; fiscal responsibility, discipline in spending their own money is an alien concept.

It’s certainly true that in a republican democracy all of the States are in the nation together, and all of the States need to, are bound to, support each other, as Brown and others have also claimed.  But a major part of that mutual support is each State not creating itself a burden on any of the other 49 through its own wanton profligacy.

Domestic Protectionism

Illinois State Congressman Michael Zalewski (D), after consulting heavily with General Motors, wants car makers to be able to operate self-driving taxis—which, of course, those same car makers would make.

However.

His bill, introduced February 8, would limit access to the business to companies that make their own vehicles. That means GM would be eligible, but not tech companies like Uber Technologies Inc that are developing their own self-driving cars and don’t make their own vehicles.

Nor would Google be allowed in.  Or Lyft, were they to want to get into the business.  Or an IBM, should it want to build a Watsonmobile.  Or….

After falling behind in self-driving cars, GM has unleashed its powerful lobbying team to cultivate relationships with statehouses. The largest US vehicle maker by sales has a long history of backing legislation to preserve its interests, including a bill in Indiana last year that would stop electric-vehicle maker Tesla Inc from operating its own stores there.

What a surprise.

Of course, GM is denying ulterior motives, but this is just internal protectionism—anti-competitive and monopolistic.  Rather than competition pushing car companies to produce better cars, including self-driving ones, the fearful ones like GM are pushing to squelch competition.

It’s no wonder that a bare nine years ago GM was facing bankruptcy up close and personal.