Category Archives: Law

Who The People?

Thoughts on the duty of the courts to enforce the Constitution and the law, from Glenn Reynolds. It’s based on new book by Randy Barnett.

[Late-morning update]

Actually, Neil Gorsuch is for the little guy:

It’s hard to see what Hirono, Senate Democratic leader Charles Schumer and all the other Democrats are talking about when they say Gorsuch doesn’t stick up for the little guy. But if you look more closely at his cases and the Democrats’ charges, you realize what the Democrats mean.

First, in Yellowbear, Little Sisters, Makkar, Carloss and the burping case, Gorsuch was ruling against government overreach. In Kelo, he praised the ruling against the government. And there’s the issue. When Democrats talk about being for the little guy, they often mean being for government power. The two concepts are inseparable in the liberal mind-set.

And when they conflict, they go for the government power every time. That’s why they shouldn’t be called “liberals.”

Trump’s Climate EO

Ths hysteria on this from the Left has been some combination of frightening and hilarious.

But in fact, as Roy Spencer points out, the (illegal) “Clean Power Plan” was literally going to increase poverty and kill people, while almost certainly having no discernible effect on climate.

For Deluded Warmists

A handy primer:

CO2 levels were steady during these wild swings and throughout the Holocene at roughly 280 parts per million (ppm) until 130 years ago when a stuttering increase to 400 ppm today began. In other words, Holocene temperature changes, and the wild variations that preceded them, were not linked to CO2 changes. This prompts the question: if CO2 changes did not drive these temperature shifts, why all the fuss about CO2 emissions?

The answer owes much to the complexity of the climate system and the wish for simple explanations to explain its variability and with which to make predictions. But climate is not simple. There are many interacting parts that make it a ‘coupled non-linear chaotic system’ in which small variations of any part can create big, unpredictable changes. In the search for something simple to blame, like increasing CO2 levels, this ‘coupled non-linear, chaotic’ nature of climate is often played-down, overlooked or ignored. Things like solar variations, ocean heat transfers, cloud cover and the like – things that may well be the main drivers of climate – seldom get the respect they deserve.

The effect of the sun, the sea and clouds on climate is known and accepted – the Gulf Stream being a well known example – but more precise knowledge suitable for computer models is a different thing altogether. But what can be said for sure, is that the sun, the sea and the clouds are all very important and CO2 is only one player in a big game, not the control knob on the Earth’s thermostat. It is true that CO2 contributes to the greenhouse effect, but its heating effect is small (when compared with water vapour, the main contributor) and drops off logarithmically as its concentration increases. The more there is, the less additional heating effect it has.

It’s almost as though there’s some sort of political agenda that has nothing to do with science or reality.

[Update a while later]

This is interesting: Pruitt doesn’t want to attempt to overturn the endangerment finding:

Pruitt, with the backing of several White House aides, argued in closed-door meetings that the legal hurdles to overturning the finding were massive, and the administration would be setting itself up for a lengthy court battle.

A cadre of conservative climate skeptics are fuming about the decision — expressing their concern to Trump administration officials and arguing Pruitt is setting himself up to run for governor or the Senate. They hope the White House, perhaps senior adviser Stephen Bannon, will intervene and encourage the president to overturn the endangerment finding.

Trump administration officials have not totally ruled out eventually targeting the endangerment finding. Conservative groups have petitioned the EPA to look at reopening it, one source said, and the agency may eventually be compelled to respond to the petition. Axios first reported the news of the petition.

“Getting rid of the Clean Power Plan is just not enough,” said Myron Ebell, the director of the Center for Energy and Environment at the Competitive Enterprise Institute and the former leader of Trump’s EPA transition team.

I agree. It was based on junk science. In fact, they should be trying to get a rehearing of Massachusetts versus EPA when they get Gorsuch on the court.

Fine, Investigate Trump

…but also investigate Obama:

Whether Barack Obama ordered the surveillance of Donald Trump during the transition is not the question. He would never have had to. In fact, he would have been highly unlikely to have done so for obvious legal and practical/political reasons. Instead, supporters of the then president in a position to authorize or activate such surveillance would normally know or assume his wishes anyway without having to be told and could act accordingly.

That is the way of the world since there was a world.

Yup. I noted the same thing in the IRS situation (though it wouldn’t surprise me at all if there were exchanges between the White House and Lerner that we’ve never seen because they destroyed the emails).

Persecuting The Heretics

It’s crazy that a bill like this should even be necessary:

Lockman, however, wants to protect all people with opinions on global warming and prevent a Republican attorney general from conducting a similar investigation.

“I don’t want to see a Republican state attorney general issuing subpoenas for the records of progressive or liberal think tanks or public policy groups to chill their free speech,” Lockman told AP.

“It’s about Citizens United and the government abridging speech,” Lockman said. “It’s not about climate science. It’s about climate policy.”

Maine Democrats and environmentalists oppose Lockman’s bill, so it doesn’t have much hope of passing. Some environmentalists apparently want state prosecutors to be able to investigate “climate deniers.”

“Clearly an attempt to provide cover for climate deniers,” Dylan Voorhees, with the Natural Resources Council of Maine, told AP. “I see a trickle down from the Trump administration that has emboldened some folks to make climate denial statements.”

Calling skeptics “deniers” is slanderous, unscientific, and trivializes the Holocaust.

A Coup Is In Progress

But I beg to differ with Mr. Hinderaker; it’s not a “liberal” coup, but a leftist one.

[Update a few minutes later]

Could someone inform the federal judiciary that Jihadis are Muslims?

Like Charles Cooke, I don’t agree with the policy, but this ruling was lawless.

[Update a couple minutes later]

The courts in Hawaii and the 9th circuit have essentially stripped the president of his powers. It will take SCOTUS to restore. And funny how these people never mind the tyrannical and actually lawless behavior of Barack Obama.

[Update a while later]

Grandstanding judicial supremacy must end. Basically, the ruling was based on mind reading, and feelings.

If You Lose Your Health Insurance

Are you really worse off?

The word “insurance” has lost all meaning when it comes to health care, and the continual confusion and conflation of the two lies at the root of much of the problem. Crazy idea: I want a health savings account to deal with normal medical expenses, and insurance for catastrophes. You know, the way insurance used to be until it got screwed up by wage controls during the war and union negotiators.