Tag Archives: regulation

False Premise

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The Biden administration had argued, in the course of its participation in a lawsuit against Tennessee’s law barring transgender-based treatments for children, that

A teenager whose sex assigned at birth is male can be prescribed testosterone to conform to a male gender identity, but a teenager assigned female at birth cannot.

The Supreme Court last week issued its ruling that the Tennessee law was, in fact, perfectly fine; the ruling was 6-3, with the three activist Justices voting in dissent. Chief Justice John Roberts wrote the Court’s opinion, and Justice Amy Coney Barrett wrote a concurrence centered on answering one of the objections in the dissent. Justice Clarence Thomas wrote a separate concurrence in which he took to task all the plaintiffs’ demand that the Court knee-jerk accede to so-called experts in the Executive Branch regarding transgenderism.

However, it would have been good if the Court had addressed one more item—the Biden administration’s false premise underlying its argument.

That erroneous premise is this: that sex is assigned at birth. This is blatantly false. Sex is assigned at the moment of conception, when the male sperm, carrying either an X chromosome or a Y, joins with the egg and its X chromosome. The subsequent union, the zygote, is then deterministically a male with an XY combination or a female with an XX combination. That male or female—boy or girl—result is carried on through subsequent development all the way through fetus development and birth. The sex determination is immutably fixed at that first moment of union; it is not “assigned” later.

Had the Court put that underlying false premise to bed, also, would have obviated a myriad arguments (legal, anyway) about the origins of an individual’s transgender situation.

Ending a Market Distortion

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The Trump administration is moving to eliminate tax credits for buying battery cars. The Left and their news writers don’t like this.

The removal of the credit, created to incentivize US consumers to purchase electrified vehicles, would likely lead to a drop in EV sales and production.

NSS. The credit was created explicitly to “encourage” purchase of battery cars. On the other hand, Lauren Fix, a co-host of Talk 2 DIY Automotive, has this:

Getting rid of this $7,500 tax credit should not impact [Tesla] sales. People buy Teslas because they like the product…. They know what their customers want, and those that like Teslas will continue to purchase that product.

And [phrase substitutions in the original, emphasis added]

Once that tax credit goes away, I’m expecting [electric vehicles] to be about 2% of sales. There will still be electric vehicle sales, Tesla will still survive, and [Elon Musk] will do well. And other brands will make what consumers want.

There’re hints there. Get rid of government-created market distortions, and the market will produce economically viable products at far less cost without our tax dollars added in. That product mix will include plenty of battery cars as soon as they become technologically and economically viable—and are what us consumers want at prices we’re willing to pay without taxpayer handouts.

Cynicism…

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…is alive and well in California. This is illustrated by the California Interscholastic Federation’s decision to increase the number of girls eligible to participate in State high school athletic tournaments while continuing to allow biological males—boys—to participate in those same girls’ tournaments.

[A]ny biological female student-athlete who would have earned the next qualifying mark for one of their Section’s automatic qualifying entries in the CIF State meet, and did not achieve the CIF State at-large mark in the finals at their Section meet, was extended an opportunity to participate in the 2025 CIF State Track and Field Championships[.]

Tl;dr translation: any girl who lost to a boy in an earlier stage of the competition will be granted the opportunity to compete and lose again to the same boy in the next stage.

The cynicism is made explicit by this remark by California’s Progressive-Democrat Gavin Newsom’s spokesperson Izzy Gardon:

CIF’s proposed pilot is a reasonable, respectful way to navigate a complex issue without compromising competitive fairness—a model worth pursuing.

No. There’s nothing respectful, reasonable, or fair in allowing boys to participate in girls’ sports.

A Two-Edged…Coin

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A baby with a rare genetic disorder that’s often fatal has been cured, probably, by a newly developed targeted gene therapy.

Thanks to decades of research, gene sequencing rapidly identified KJ’s disorder.

An overnight success that was years in the making. Then there’s this:

Doctors at the Children’s Hospital of Philadelphia and University of Pennsylvania medical school then raced to design a gene-editing therapy using CRISPR technology to correct the defective gene. …
This process ordinarily take[s] years, though doctors in collaboration with several biotech firms were able to do it within weeks. The Food and Drug Administration also rushed to approve the treatment.

Then the overnight part was itself rushed. We may be seeing the effects of rushing genetic- or RNA-centered therapies with the conflicting reports of a number of the Wuhan Virus mRNA-based vaccines. We’ll learn more about the efficacy of KJ’s gene-editing treatment over the course of his lifetime and whether other genetic-related disorders develop as he ages, particularly as his body passes through the hefty disruption of its hormonal development as it grows into adulthood.

My larger concern, though, is this. This sort of gene-editing to cure genetic diseases also can be harnessed to cure “ordinary” and “normal” genetic complements in efforts to develop “better” babies—stronger, smarter, immune to this or that, or just attempts to “improve” humans.

The disease-curing/preventing advantages of gene treatment are huge and well worth pursuing. But in parallel with that, there need to be serious and draconian controls put on the techniques in order to control (that genie is out of the molecular bottle; it won’t ever be perfectly controlled) and mitigate misuses of the technique—beginning with clear definitions of “misuses” and “better.”

Is the Question Irrelevant for Children?

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Toothpaste manufacturers put fluoride in their toothpaste and market that as good for tooth health. They also recommend, through their toothpaste labeling among other pathways, to use only “pea-sized” dabs for children under six and “rice-sized” dabs for children under three.

Associated with all of that are concerns that too much fluoride can negatively impact IQ scores. My question: are fluoride and the question of IQ impact really relevant for children?

For one thing, those tiny dabs are extremely hard to dole out in any consistent fashion, especially as children are taught to brush their own teeth (and to apply their own toothpaste to their brushes), and it’s easy to err by adding increasingly larger dabs.

For the more important thing, though, children’s teeth are impermanent and start to fall out and be replaced with adult, permanent teeth around six and a little older. Maybe the answer, at least regarding children, is to duck the question altogether and use non-flouridated toothpaste for these. At that age, the important task is to train them in tooth hygiene and regular brushing. Any toothpaste adequate to the task of cleaning teeth would serve.