Tag Archives: responsibilities

A Justice…Misunderstands

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Justice Ketanji Br own Jackson dissented strenuously with a Supreme Court ruling that, in part, upheld the Trump Administration’s request for an emergency stay of a lower court’s blocking of NIH from canceling $783 million worth of grants.

The money part of the woman’s (dare I use that term on a person who doesn’t know what a woman is?) dissent:

the high court’s way of preserving the “mirage of judicial review while eliminating its purpose: to remedy harms.”

No. Not at all. The purpose of judicial review is critically—and solely—to ensure that the action before it, along with the statute(s) involved, follow the text of our Constitution and the text of those statutes. Nothing more and nothing less.

But the woman wasn’t done with shredding (to use the in-vogue term) “judicial review” [emphasis added]:

It would have been much simpler for the Court to just announce that, regardless of the plain text of the APA or what Congress intended to authorize, we no longer accept that the Government’s grant-termination decisions are subject to arbitrary-and-capricious review or that vacatur of an arbitrary grant-termination decision is an available remedy.

The greatest harm that is in play here is ruling on the basis of a particular judge’s or Justice’s personal definition of “harm.” Yet, this is exactly what Jackson presumes to attempt with her setting aside the petty text of a statute from which her august self demurs.

The Supreme Court’s ruling, including Jackson’s dissent can be read here.

Homicide Rates

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These data are from USAFacts, and they’re at the county level, since that’s the maximum data fineness that the Centers for Disease Control and Prevention, USAFacts‘ source, publishes.

The top 10 homicide rates—homicides per 100,000 population—were in these counties as of 2023 (the latest data available from CDC):

The closest major city is for context; the rates are for the indicated county.

Every single one of these counties is run by Progressive-Democratic Party politicians.

The 10 counties with the largest increase in homicide rates, 2023 over 2018, are these:

Again, the closest major city is for context; the rates are for the indicated county. All of these counties are Party run, also. Given the overlap between high rates and rising rates, it shouldn’t be surprising that at least most of these are Party run.

One item of note here, while acknowledging that these data are a year and a half-ish old, is DC. That county had the third highest homicide rate and the ninth highest rate of increase in its homicide rate. It seems true that DC’s homicide rate is lower today than in 2023, but it’s still among the highest in the nation.

No less a light than PBS cited a Rochester Institute of Technology report that indicated that DC’s homicide rate per 100,000 had fallen in 2024 to 27.3. What those “fact checkers” chose to ignore was that even in the RIT report, DC’s rate was the fourth highest of the 24 cities that RIT looked at, and it’s still higher than that 2018 starting figure by 33%. That last, though, is my calculation from comparing RIT‘s 2024 value with the starting value in the second figure above. The RIT report did not look at rates of increase of homicide rates.

Yet this is the poor performance of DC’s governance that Party is so desperate to defend as they zealously oppose President Donald Trump’s (R) concerted effort to clean the place up.

No, It’s Not

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On the matter of an organization’s cybersecurity responsibilities, Kurt Knutsson opened with this in a Fox News article:

When a hospital or nonprofit falls victim to a cyberattack, it’s hard to place blame. Cybersecurity isn’t their strength, and many lack the budget for a dedicated security team, let alone a chief technology officer.

It’s completely straightforward to fix blame in such a case, as in all other cases. Knutsson identified the culprits even while denying the difficulty of identifying them. The lack of sufficient budget and (not or) the lack of security-capable IT personnel is directly the fault of the hospital or nonprofit’s management team, who refused to provide the budget necessary to have proper security against cyberattacks.

Especially for hospitals, which maintain so much personal and personally identifying medical data, such conscious decisions to not perform are inexcusable. Cybersecurity needn’t be an organization’s strength, but cybersecurity—and the personnel and resources needed to achieve and maintain it—most assuredly need to be a serious undertaking.

“Security” and “Guarantee”

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US Special Envoy Steve Witkoff says that in return for an end to the Russian invasion of Ukraine Russia would accept a US-led security guarantee.

Witkoff suggested the guarantees could be modeled on NATO’s principle of collective defense, which is codified in Article 5 of the NATO treaty, which says that an enemy attack against one member would be viewed as an attack against all.

But then the question becomes, what is the response to this attack against all? This is the text of that Article 5 [emphasis added]:

The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all and consequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual or collective self-defence recognized by Article 51 of the Charter of the United Nations, will assist the Party or Parties so attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area.
Any such armed attack and all measures taken as a result thereof shall immediately be reported to the Security Council. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security.

Such action does not mandate use of armed force; it easily could be simply firm finger-wagging, stern speeches, and strong letters. All while the barbarian rolls on.

Keep in mind, too, that in the present invasion, the invader sits on the UN’s Security Council and so can block entirely any meaningful UN (leaving aside the contradiction internal to that phrase) response.

This is a guarantee without teeth. It seems Russian President Vladimir Putin has a better understanding of Article 5 than anyone in the West. That’s a mismatch as dangerous as the mismatch of wills between the barbarian and the West.

Disingenuous

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The Canadian government has ordered binding arbitration in the dispute between Air Canada and its flight attendants union, the latter which struck the airline a week ago last Saturday. The union is crying foul over not having gotten its way, accusing the airline, in typical union fashion, of sandbagging (the union’s term) the negotiations.

On the other hand, there’s this, also, from the union regarding those negotiations.

The airline said it offered its flight attendants a 38% increase in total compensation over a four-year period. The proposal also offered a 12% to 16% rise in hourly pay in the first year. The union said the pay offers failed to help its members recover after historically-high inflation this decade.

Leave aside the minor fact that the airline didn’t cause the inflation, the Canadian government’s response to economic factors did, so the union’s beef regarding the effects of inflation is properly between it and the government.

What the union is choosing to ignore in its inflation beef is that the airline suffers just as much from that historically-high inflation and must also deal with the resulting price increases and current elevated price levels.