Another Thought on SEC “Courts”

The SEC runs its own courts as it looks to punish those it has decided have engaged in civilly, if not criminally, wrong doings. As I’ve written before, the SEC brings its cases, appoints and pays the judges who’ll adjudicate the cases, and it has first say on any appeals.

In just such a case, an accused person facing a flipped witness (one to whom the SEC has made certain blandishments regarding is own misbehaviors in return for his testimony against a fellow misbehaver) is worried about the effects of those blandishments over the course of his trial.

Critics…worry that key safeguards on the use of cooperators in criminal cases are lacking in the SEC’s administrative courts, where the agency…[has] the power to decide what to fine the cooperator after he or she testifies.

The agency’s multiple roles strike at the “fundamental fairness” of its hearings, violating the checks and balances required by the constitution, [accused’s’] lawyers said in a court filing.

Because the SEC is in an even better position—its in-house position—to effectively “encourage” proper testimony from its “cooperating” witnesses than are prosecutors in actual State or Federal trial courts.

Naturally, the presiding SEC administrative judge demurs.

The SEC in-house judge overseeing the case rejected this argument, saying it was an “attack on the administrative framework” of the SEC’s internal tribunal.

Well, NSS. It’s a valid attack, too, against a tribunal sorely lacking in fairness, much less due process.

“Gig” Economy Workers

These unfortunates are exploited by evil startup companies. Or so say unions, plaintiffs’ lawyers, and Democrats looking to maintain the dependency of others on them in government.

In the last year such companies as Uber, Lyft, HandyBook, Instacart, Postmates and Try Caviar have been slapped with lawsuits arguing that they have misclassified workers as “independent contractors,” which aren’t covered by most federal and state labor regulations.

Another startup, Homejoy Inc, has shut down because it couldn’t raise its next round of capital due to such suits.

The nuisance suits also demand such union froo-froo as

…backpay for overtime, workers compensation, unemployment insurance, unpaid meal breaks and business expenses. Homejoy was accused of not providing 30-minute meal breaks every five hours.

All of these things, all of the gig economy businesses, give initial or additional income to the folks doing the work. The business model also threatens the viability of unions and Democrats while representing money-making opportunities for the plaintiff’s lawyers, so it’s open season on these companies.

Never mind that the income these folks earn is more than the zero income they’ll earn after they’re priced out of jobs by unions; the startups that gave them their gigs have been closed down by plaintiffs’ lawyers looking for a fee, eliminating those gigs, and Democrats’ labor rules have made it the more difficult for startups to start.

None of that matters. All that matters is union and Democrat power and those fees.

Some Duplicity in Obamacare

Recall that a while ago, in 2014, the GAO ran some tests of Obamacare: they set up 12 fake persons with invalid Social Security numbers, fake citizenship, and/or false income claims. Eleven of these got coverage, several of them got subsidies, many of them got renewed for this year, and some of the renewals got increased subsidies.

…officials running Obamacare told the GAO they possess “limited ability to respond to attempts at fraud….”

Worse, these guys added in wide-eyed innocence

that measures to ensure program integrity would undermine “consumers’ ability to ‘effectively and efficiently’ select Marketplace [Obamacare] coverage.”

It’s like voter ID: if we protect the sanctity of an American’s vote, the Democrats’ favorite demographic—the frauds—won’t be able to vote Democratic.

School Choice and Unions

There’s a contradiction in terms.

In January parents filed a petition to convert Palm Lane Elementary in Anaheim into a charter under California’s 2010 parent-trigger law, which allows a majority of parents in any failing school to force changes.

Naturally, the school’s district officials and teachers union demurred. Never mind that

Palm Lane had made the state Department of Education’s list of underperforming schools since 2003. Fewer than 40% of students scored proficient in English in 2013. About 85% are Hispanic, and most are low-income.

(Where is the Obama DoJ and disparate impact? Oh, wait…).

The officials and the unions went so far as to disregard California law as they dragged their feet and openly obstructed the conversion—and loss of union jobs and of income for the district officials’ use.

[U]nion even complained that signature gatherers were bribing parents with free iPads, a false allegation that the district superintendent repeated in a cautionary letter to parents.

Though more than 60% of parents signed the petition, the district threw out dozens of signatures that could not be “verified.” That is, the parents could not be reached between the hours of 8:30 am and 4:30 pm to confirm that they signed the petition. Maybe that’s because they were working.

Fortunately, and once again, a judge got one right.

Last Thursday Orange County Superior Court Judge Andrew Banks ruled in favor of the parents on all counts and rebuked the district’s conduct as “unreasonable, arbitrary, capricious and unfair.” He also scored district officials for violating their obligation under the trigger law to work in good faith with parents….

Judge Banks has ordered the district to accept the petition and allow parents to immediately begin soliciting charter school proposals.

Been all right, too, if the Judge also had ordered the district officials and the union to compensate the petitioners for their time wasted fighting these frivolous delays. Such an order might have given these officials pause as they plan their inevitable, time-wasting, delaying tactic of appeals.

Still, it’s a good ruling.

Democrats and Regulation

Uber is successful in competing with the established taxi industry, and New York City Mayer Bill de Blasio (D) is all upset about it. He wants to freeze Uber’s (and other ad hoc rides-for-hire companies’) growth until he can figure out how to regulate them:

[W]e support a short pause in the rapid increase of for-hire vehicles to make sure that the future growth of this industry lives up to the policies and principles we set out as a city.

“Short pause.” Sure. He supported his argument in that piece by citing other jurisdictions where Uber had resisted…being over-regulated.

Hillary Clinton is his BFF on this:

while the “gig economy” may be “exciting” and “unleashing innovation,” “it is also raising hard questions about workplace protections and what a good job will look like in the future.”

Because. Just because. It exists; it has to be regulated.

Democrats abhor anything that’s not under their regulation, not under their control. Americans just are too stupid to see to their own affairs without Know Betters instructing us. And our Know Betters are the only ones qualified to define “what a good job will look like in the future.”

Update: de Blasio seems to have recognized the error of his ways. For now.  Clinton has not.