Gun Control

…done right.

A disgruntled customer in a George Webb restaurant took his anger out on one of the women employees, going behind the counter to physically attack her.

He didn’t get far: a fellow employee, another woman, drew her pistol and drove the thug off.  It seems that she has a concealed carry permit to go with her weapon, and George Webb allows its employees to carry on the premises.  With good reason, it seems.

But those on the Left would rather have the good guys—and girls—unarmed, so thugs like this can have their way.  Talk about a war on women.  Geez.

Pick One

Tony James, Blackstone Executive Vice Chairman, thinks his Progressive-Democratic Party needs to become a party of growth and inclusive prosperity.

The problem is that the Party is a Progressive one and becoming a socialist one.  This is not contradictory; the two ideologies are political allies if not siblings, too, and they’re not far apart economically.  The Party’s embrace of the former is demonstrated by Barack Obama’s, Hillary Clinton’s, House Minority Leader Nancy Pelosi’s (D, CA), Senate Minority Leader Chuck Schumer’s (D, NY), Senator Elizabeth Warren’s (D, MA), Senator Kamala Harris (D, CA), newly ascendant Alexandria Ocasio-Cortez’ (D, NY), and a host of others’ loud and enthusiastic embrace of progressivism.  The Party’s embrace of the latter is demonstrated by the strength of Senator Bernie Sanders’ (I, VT) and Ocasio-Cortez’ socialism within Party circles.

But progressivism is inherently exclusionary.  Progressivism insists that ordinary Americans are morally and intellectually inadequate to serious and consistent conception of [their] responsibilities as…democrat[s], and so we must be instructed and led by our Betters.  We must be excluded from the heady responsibilities of governance and of economic independence.  More, those proud Progressives have proclaimed us ordinary Americans to be irredeemably deplorable homophobic misogynist racists, and all of us Middle Americans in flyover country are just bitter Bible-clinging gun-toters.  These proud Progressives and their acolytes on the Left openly act on this exclusionary attitude with their constant harassment of those of us who are so impertinent (if not outright dishonest) as to disagree with them, with their overt calls to bar those of us not toeing the Party’s line from public places, and with the violence with which they threaten us and often inflict against us, whom they’ve termed fascists and Nazis.

Socialism is inherently anti-growth.  These adherents demand to set all performance goals, for everyone, from the hallowed halls of government instead of a free market doing so for us as individuals and owners/operators of our private enterprises.  Their demand for equal outcomes necessarily caps growth by sapping the abilities of the best among us because others can’t—or won’t—keep up and by denying the ability of any of us to to show the best that there is in [us] and to maximize our personal prosperity, which of necessity maximizes the prosperity of all of us.  These socialists demand to raise our taxes—to take our money—and to give—give!—Medicare to all, Federally guaranteed jobs to all, thereby reducing growth capacity by taking money away from us.

The Party can have a pro-growth platform, or it can be progressive socialist; the two are mutually contradictory.

For the Progressive-Democratic Party to become an inclusive, pro-growth party, though, it must remake itself 180 degrees away from where it currently, proudly stands: it must recreate itself a party of conservatism.

That’s an impossible task for progressive socialists.

A Related Note

I wrote recently about the Court’s ruling on Janus v AFCME Council 31, which eliminated public service unions’ ability to collect “agency fees” from non union members.

The dissent by Justice Elena Kagan and joined by her three cohorts in the Court’s liberal wing is instructive, and it foreshadows the kind of government we can expect from today’s “liberals,” should they succeed in gaining control of one or both Houses of Congress and then of the White House.

Its decision will have large-scale consequences. Public employee unions will lose a secure source of financial support. State and local governments that thought fair-share provisions furthered their interests will need to find new ways of managing their workforces. Across the country, the relationships of public employees and employers will alter in both predictable and wholly unexpected ways.

Because unions are entitled to OPM for their financial support.  Because governments will be temporarily inconvenienced in their role as employers.  Because employment relationships must never be disrupted or altered.  It’s settled.

And

The majority overthrows a decision entrenched in this Nation’s law—and in its economic life—for over 40 years.

By this logic, Kagan would argue that Plessy v Ferguson, which created the racism of separate-but-equal in our schools (among other places), never should have been rejected by Brown v Board of Education of Topeka, because the latter came 60 years after Plessy had become “entrenched in this Nation’s law—and in its economic life.”

And these [citations omitted]:

And it does so by weaponizing the First Amendment, in a way that unleashes judges, now and in the future, to intervene in economic and regulatory policy.

 

Every one of them will now need to come up with new ways—elaborated in new statutes—to structure relations between government employers and their workers.

 

Still more, thousands of current contracts covering millions of workers provide for agency fees. Usually, this Court recognizes that “[c]onsiderations in favor of stare decisis are at their acme in cases involving property and contract rights.”  It prevents the parties from fulfilling other commitments they have made based on those agreements. It forces the parties—immediately—to renegotiate once-settled terms and create new tradeoffs.

This is an especially dangerous principle of the Left: that the convenience of Government is more important, and should have precedence over, individual liberty.  That forced static-ness is better than the freewheeling interactions of free men and women dealing with each other (and their employers from time to time) according to their own imperatives rather than Government diktat.  (Aside: Kagan also cynically overstated the immediacy of renegotiations.  No such thing is mandated; those contracts will expire on their own and can be renegotiated at that time—as has been the case in Wisconsin.)

And: that it’s somehow wrong that judges should be “unleashed” to uphold our basic, inherent in our very existence, liberties.  It’s not the Conservative wing of the Court that has sought to weaponize the 1st Amendment by insisting that free speech and free association are what Government says they are.

The ruling, with Kagan’s dissent, can be seen here.

The Supremes Get One Right

Resoundingly so.  Janus v AFCME Council 31 is a case originating in Illinois concerning a public service union’s ability to collect a per centage of ordinary union dues—agency fees—from non-union members who work alongside the union’s bargaining unit in for a government agency.  A 40-year-old Supreme Court precedent, Abood v Detroit Board of Education, upheld this ability.

The Court’s opinion (a 5-4 majority) is summarized in the syllabus:

The State’s extraction of agency fees from nonconsenting public-sector employees violates the First Amendment. Abood erred in concluding otherwise, and stare decisis cannot support it. Abood is therefore overruled.

What Alito actually wrote is even more direct, and he wrote it at the outset of his opinion.

Under Illinois law, public employees are forced to subsidize a union, even if they choose not to join and strongly object to the positions the union takes in collective bargaining and related activities. We conclude that this arrangement violates the free speech rights of nonmembers by compelling them to subsidize private speech on matters of substantial public concern.

We upheld a similar law in Abood v Detroit Bd. of Ed….and we recognize the importance of following precedent unless there are strong reasons for not doing so. But there are very strong reasons in this case. Fundamental free speech rights are at stake. Abood was poorly reasoned.  …  Abood is therefore overruled.

Alito concluded his opinion even more forcefully.

This procedure [collecting an “agency fee”] violates the First Amendment and cannot continue. Neither an agency fee nor any other payment to the union may be deducted from a nonmember’s wages, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay. By agreeing to pay, nonmembers are waiving their First Amendment rights, and such a waiver cannot be presumed.

The sad part of this resounding victory for individual liberty is that 5-4 vote; it should have been unanimous.  However, the liberal wing of the Court remained buried in its ideology that Government must be the solution.  Here, those four Justices held that an individual’s fundamental rights of free speech and free association must be held subordinate to the union’s government-created right to collect dues and “agency fees” from everyone whom it purports to represent in an employment unit.

The free speech problem arises when those agency fees are collected as a condition of employment by a government agency.  It isn’t possible for an inherently political entity to not engage in political speech, and so it isn’t possible for any negotiation—including over employment parameters—with that entity to not be inherently political in nature and so consisting of political speech.  Thus, forcing payment of an “agency fee” to the “representing” union is forced speech by the individual from whom the “agency fee” is collected.

The free association problem arises from the existence of any forced “agency fee” payment.  Such a mandate creates a forced association between the individual from whom the “agency fee” is collected and the union for and by which the money is collected.  This association occurs, tautologically, whether or not the individual might otherwise consent to, or actively seek, the association.  The forced nature of the association is maximally emphasized by the individual’s demonstrated objection to the association through his conscious decision to not join the union and further by his objection to paying the fee.

It’s unfortunate that the liberal wing does not see any of this.

The ruling can be seen here.

The Supremes Get Another One Right

Sort of.  Mostly.

A deeply divided Supreme Court upheld President Donald Trump’s latest ban on travel to the US by people from several Muslim-majority countries, in a ruling Tuesday that hands the White House a victory on one of its most central—and controversial—initiatives.

Small point, and it’s on The Wall Street Journal, not the Supreme Court: it’s not a ban on travel, it’s a moratorium.  The moratorium will be lifted on each of those countries when it becomes possible to accurately vet travelers from those countries.  A ban is broad and permanent.

A failure of the Court came from the liberal wing.  Justice Sonya Sotomayor wrote, for instance,

A reasonable observer would conclude that the [ban] was motivated by anti-Muslim animus….

And

The majority…turn[s] a blind eye to the pain and suffering the [ban] inflicts upon countless families and individuals, many of whom are United States citizens.

This is rank, deliberate emotionalism at the expense of rational thought and objective analysis.  Sotomayor chose not to demonstrate where the animus exists in the Executive Order, choosing instead to bring in outside material not part of the case or of the EO in question.  Campaign rhetoric, which she chose to consider instead of the text in the present case, ceased to have relevance to anything once the election was completed.  Even more, bringing in outside material, evaluating a case on things other than the text of the EO, the law, the Constitution is a violation of the Justices’ oath of office: they’re sworn to uphold the law, the Constitution (and EOs executed in accordance with the Constitution), not to uphold other things convenient to them.

Sotomayor also chose to ignore the “pain and suffering” unvetted entry of terrorists and violent criminals “inflict upon countless families and individuals, many of whom are United States citizens.”

The larger failure is that this should have been a unanimous decision.  The liberal wing of the Court, though, remained mired in their ideology that the text of an Executive Order (or of a law or of the Constitution) is not the only thing before them in any case: extraneous material convenient to their predetermined opinion also must be brought in for support.