But That’s The Point

Bill Baer, Assistant Attorney General for the United States Department of Justice Antitrust Division, on the proposed mergers between Anthem Inc and Cigna Corp and between Aetna Inc and Humana Inc, called them “game-changers” and added that it was necessary for Government to interfere with the mergers

to make sure we aren’t making a mistake in which shareholders benefit and the consumers pay the cost.

It’s certainly true that consumers should be protected from fraudulent behaviors and from price gouging.  However, it is those consumers who, as customers, pay for the goods and services companies provide—which ultimately pays those shareholders, too—else the companies don’t survive, and the consumer/customer has no good or service available to buy.

And that’s true whether consumers operate in a free market or in a corporate fascist or any other socialist market.  Consumers either pay directly, based on their own choice (including their choice not to buy at all), or every consumer pays (with no choice at all) for the one, in the form of taxes which government uses to prop up the companies it’s found suitable to exist.

In a free market, too, the company’s owners should be the ones who benefit; indeed, our laws recognize that: a company’s managers owe their fiduciary duty to their employers—those shareholders.

But with this administration, Government Knows Better.

Some More Thoughts on Climate

…via Watts Up With That?

On the matter of Earth suffering the fate of Venus [boldface emphasis in the original, italics emphasis added]:

  • Venus is closer to the Sun. Venus is aprox 0.72 AU distant from the sun (72% of Earth’s), with a total solar irradiance (TSI) almost 2x that of Earth.
  • Venus has a denser atmosphere. The pressure on Venus is 93x that of Earth, the equivalent of almost 1 kilometer under the ocean. This is probably the largest factor causing its high temperature.
  • The clouds of Venus are mostly sulphuric acid (not water vapor)—a powerful greenhouse agent.
  • The atmosphere of Venus has nearly 3000x more CO2 than Earth’s atmosphere. Venus is 96.5% CO2 by volume vs 380 [parts] per million for Earth (0.038%). Goldblatt el al say that with CO2 at 30,000 ppm Earth would have “no stable temperate climate.” That would require burning 10x more than Earth’s estimated fossil fuel resources.

On the matter of Earth’s own history.  From our Eocene period (56 million to 34 million years ago, the age when mammals began taking over from the dinosaurs):

  • With the solar constant 1% less than today and a few thousand ppmv CO2, the mean temperature was 10oK (roughly 20oF) warmer than today. With CO2 and temperature both higher then than we expect in the foreseeable future, this implies that an anthropogenic runaway greenhouse is unlikely.
  • We expect a runaway greenhouse on Earth 1.5 billion years hence if water is the only greenhouse gas, or sooner if there are others.

That last, especially, would seem to be a period beyond the useful timeframe of even the most hubristic climatista’s policy demands.

Another Judicial Misbehavior

The Fifth Circuit, in a 9-6 ruling, has said that Texas’ Voter ID law violates the Federal Voting Rights Act and returned it to the trial court to…fix…it.

[The appellate court] instructed a lower court to come up with an “interim remedy” before the November election.

Therein lies a major part of the problem.  Regardless of what one might think of the particular law, any alteration to it is a political matter, to be done by the people and their elected representatives.  The courts have no authority whatsoever to write law or to rewrite an extant one; indeed, our Constitution explicitly bars the courts from such things.

There’s more.  Writing for the majority, Judge Catharina Haynes wrote this, having already acknowledged that there is no direct evidence of discriminatory intent.

In this day and age we rarely have legislators announcing an intent to discriminate based upon race, whether in public speeches or private correspondence. To require direct evidence of intent would essentially give legislatures free reign to racially discriminate so long as they do not overtly state discrimination as their purpose and so long as they proffer a seemingly neutral reason for their actions.  This approach would ignore the reality that neutral reasons can and do mask racial intent….

In other words, whenever legislators disagree with judges, judges must proceed from a presumption of dishonesty on the part of the legislators.  Direct evidence be damned.

[C]ourts may consider both circumstantial and direct evidence of intent as may be available.

Because circumstantial evidence, especially in the absence of direct evidence, can be interpreted in any way convenient to the judge’s predisposition—or to a litigant’s narrative.  That’s why circumstantial evidence is so sketchy in the first place.

The dissent, written by Judge Edith Jones, makes the majority’s shameful behavior plain.

No one doubts our unwavering duty to enforce antidiscrimination law. But in this media-driven and hyperbolic era, the discharge of that duty requires the courage to distinguish between invidious motivation and shadows. The ill-conceived, misguided, and unsupported majority opinion shuns discernment. Because of definitive Supreme Court authority, no comparable federal court precedent in over forty years has found a state legislative act motivated by purposeful racial discrimination.

All of that represents a very serious bit of judicial misbehavior, and it puts a premium on getting this 2016 election right.  A Progressive-Democrat in the White House, together with a Democrat-owned [sic] Senate, will have damaging effects far beyond the Supreme Court damage I’ve been on about in other articles: they’ll have their impact on lower courts, too, and throughout our judicial system.

The ruling can be seen here.

At Least He’s Consistent

Recall that President Barack Obama (D) touts his Stimulus Bill, with its explosion in national debt (which is still growing these 7+ years later), as good for our economy.  That it’s an economy still mired, these 7+ years later, in a pseudo-recovery that’s the slowest since WWII and that has a smaller per centage of Americans in the labor force than at any time since the Jimmie Carter (D) years is lost on, or ignored by, him.

Now he’s making the same claim about our nation’s exploding student debt, a pile of markers reaching $1.3 trillion, a pile that has doubled in total size, and a pile that has seen a doubling of per-graduated student debt, all over these same 7+ years of Obama and his administration.  This growing pile is good for our economy, he says.

Maybe not.  That growing debt represents a number of drags on our economy beyond the broader national debt.

It drives up the cost of borrowing for the rest of us by competing for the supply of loanable funds, whether from government or from banks.

That’s fairly minor.  More importantly, money spent on debt repayment is money not spent on

  • consumption or on saving for the borrower’s emergency money needs (at least one such emergency is virtually inevitable over the course of a lifetime)
  • future retirement (which results in an increased reliance on a bankrupt, or nearly so, Social Security and Medicare public retirement system)
  • big ticket items like housing and cars (certainly these are routinely borrowed for, but added debt?)

And there’s this: money not spent on student debt repayment because the student (now adult) borrower has defaulted on his debt represents two more drags on our economy: increased general borrowing costs in order to cover the lenders’ costs of absorbing those bad loans, and increased taxes (which, among other drags, is money withdrawn from the private economy) to cover government-guaranteed privately extended student loans.

All of those drags represent reduced overall private demand and so lower business prosperity and so fewer jobs.  All those drags also represent higher taxes tomorrow or increased (yet again) borrowing tomorrow—and so higher taxes the day after tomorrow.

This is the level of understanding of basic economics held by Obama and the Democratic Party.

Welcome to the Bigs

…and to the way the People’s Republic of China treats its foes, Mr President,

Recall that the PRC was resoundingly crushed in a case brought by the Philippines concerning the PRC’s violations of Philippine waters in the South China Sea, the Permanent Court of Arbitration in The Hague having ruled, sharply, in favor of the Philippines on all but the most trivial of the charges.

Recall, also, that newly elected Philippine President Rodrigo Duterte had said—repeatedly—that he wanted bilateral talks with the PRC regarding the South China Sea and the items in dispute.

At a cabinet meeting in progress when word of the ruling arrived, one of Duterte’s Ministers said he’d had dinner the night before with the PRC’s ambassador, and that ambassador—before the ruling had been announced—had provided a list of things the PRC required Duterte to say and not say in any press release he might release about the then-forthcoming ruling.  Earlier that same day of the dinner, too, Duterte had met with that same ambassador to assure him that no embarrassing remarks would be forthcoming.  Duterte’s response to that list?

 Didn’t he trust what I told him?

Welcome, indeed, to the contempt with which the Center of Heaven views its foes.