What To Focus On ?
I just read that the Democrats want to make the midterm elections about character and behavior! Of course they are trying to make the focus of the upcoming elections the behavior and character not of themselves, but of President Trump. They cannot afford to draw any focus onto their own behavior and character after the recent debacle in the Senate confirmation of Brett Kavanaugh.
1. The most recent numbers show the unemployment rate fell to 3.7%, the lowest rate since December, 1969. According to the Wall Street Journal unemployment rates less than 4% have been extremely rare in the 70 years of modern record keeping. In addition, Federal Reserve officials project that the jobless rate will drop to 3.5% next year and remain below 4% through 2021.
Those Cute Little Guys
One of the first cases on the docket for the Supreme Court this session involves the dusky gopher frog, which is obviously neither the plaintiff nor the defendant, but nonetheless is a prime focus in this case.
Initially, Justice Ginsburg questioned whether the company and the family that owns most of the land had yet suffered any loss that would make the case ripe for a Supreme Court decision. The Weyerhaeuser lawyer, Timothy Bishop responded that the government had estimated the land value could decline by $33 million if the government restrictions stand.
We pick it up just as it was Justice Elena Kagan’s turn to ask the questions.
Kagan: Are you familiar with the term “critical habitat? “ Bishop responded: Yes, your honor. And the law only allows the government to designate as critical habitat, lands where the species could now live.
Kagan: Yes, yes, I am aware of that. Are you implying that those cute little dusky gopher frogs do not live there now? Bishop: Yes, I am your honor. In fact they haven’t lived there since 1965.
Kagan: Yes, yes, of course, I am aware of that, but those cute little guys do live close. Bishop: Of course distance is always relative. As I am sure you are aware, the closest dusky gopher frog presently resides in Mississippi’s De Soto National Forest, about 50 miles from the property in question. I would also venture that you are aware that the U.S. Fish and Wildlife Service has already designated 11 sites, 4,900 acres, in 11 different sites in Mississippi as critical habitats for this animal.
Kagan: Yes, I am aware of all that, but fifty miles is a relatively short distance. Perhaps we should just move the cute little buggers over there tomorrow. Bishop: With all due respect your honor, just about everybody agrees that, although the land has the ponds, it does not have other physical characteristics the gopher frogs need. As I am sure you are aware, the current tree canopy and ground cover are not conducive to the frog’s survival.
At this point it appeared to some that Justice Kagan had a tear on the right side of her face, making its way out from under her sunglasses, down her cheek, and onto her desk, where she had four snapshots of the dusky gopher frogs. From the side it appeared to some that her eyes were red. Was that why she was wearing her sunglasses inside?
Hesitantly, Justice Kagan continued: What if the land could be made habitable with reasonable alterations, so that we could save those cute little guys? “To my mind, it is a counterintuitive result that the statute would prefer extinction of the species to the designation of an area which requires only certain reasonable improvements in order to support the species.”
Justice Samuel Ailto Jr.: “This is not a question of whether the frogs will become extinct.” Alito continued, “The question is, who is going to have to pay, and who should pay for the preservation of this public good?”
Then Justice Roberts chimed in: “If you permit the designation of something as critical habitat that cannot be occupied by the animal, because you think they can do something down the road that will cure the problem . . . you ought to be able to articulate what the limit is on what you require down the road.”
Deputy Solicitor General Edwin S. Kneedler, the government’s representative for the tiny dusky gopher frogs, appeared somewhat choked up when he replied that the improvements would have to be reasonable, but yet after he regained his composure, he was unable to come up with a time limit that would satisfy Roberts. Some in the room wondered why Mr. Kneedler was also wearing sunglasses.
Schadenfreude(r)
“Net Neutrality” . . . Federal or State ?
California’s version of “net neutrality” was just signed into law by Governor Jerry Brown. To be honest I do not understand the ins-and-outs of “net neutrality,” but from what I do understand, this new California law forbids internet service providers from blocking websites, intentionally slowing down a website or app or accepting payments to make online services go faster. When I first read this, I thought that it was a reasonable idea. It would protect consumers from the potentially unscrupulous internet service providers. “Three cheers for the little guy!”
Common Sense and the Lesser of Two Evils
Over the years I have been critical of California’s Jerry Brown on multiple occasions. As most of you are aware, the legislature in California is far-left, and today I find myself being thankful that Governor Brown is not far-left, but only left of center (the lesser of two evils!). The California Legislature had recently finished its term and sent multiple bills to the Governor’s desk for signing. In my estimation he seemed to display some common sense when deliberating whether or not to sign bills into law.
He did sign a number of bills restricting gun ownership, and I actually agreed with him on these restrictions. He restricted rifle ownership to those less than twenty-one years of age, exempting members of the military, law enforcement, and hunters. (Handgun ownership for those less than twenty-one is already restricted in California). In addition he signed bills that restricted gun ownership by those with certain psychiatric issues as well as those with a history of domestic violence. Sounds like common sense to me.
He vetoed a bill that would have mandated later start times for high school throughout the state, saying that the local school districts should manage their own start times. Sounds like common sense to me.
In a similar vein he also vetoed a bill that would have allowed “medical marijuana” on school campuses! Whew!! Who is this guy?
He also vetoed a bill that would have let bars in certain cities serve alcohol till 4a.m., saying, “there already is enough mischief from midnight till 2a.m. without adding two more hours of mayhem.” Sounds like common sense to me.
Brown vetoed SB-174, which would have made California the first state in the country to allow non-citizens, both legal residents and those in the country illegally, to serve on local and state boards and commissions that now require citizenship. In his veto message Brown said, “This bill would open up all boards and commissions to non-citizens. I believe existing law – which requires citizenship for these forms of public service – is the better path,” Again, sounds like common sense to me. This veto is similar to one in 2013, in which he vetoed a bill that would have allowed non-citizens who are legal residents to serve on juries. Brown said at the time: “Jury service, like voting, is quintessentially a prerogative and responsibility of citizenship.” Another common sense line of reasoning.
He also vetoed a bill which sought to prohibit immigration authorities from making arrests inside courthouses — a key point of contention between California officials and the Trump administration. Brown wrote in his veto message that he supports the intent of the bill but worries it may have unintended consequences. He did not elaborate, but said he wants to wait until the state attorney general publishes model policies limiting assistance with immigration enforcement in courthouses, which is required under legislation Brown signed last year. This veto sounded like a “pass the buck down the road” hedge.
However, to demonstrate some solidarity with immigrants, Brown signed another bill that decriminalized sidewalk vending, a business popular with many immigrants. I have no problem with this one.
However, Governor Brown is being termed out, and there is a high likelihood that far-left Gavin Newsome will be the next governor of California. I bet that unlike Jerry Brown, Governor Newsome will be rubber stamp for the next set of the still far-left legislature’s cockamamie ideas. OMG!
In retrospect, Governor Brown may turn out to be the lesser of two evils.
“The Mission Hills Problem” . . . For Dummies
Earlier this week there was a forum in the Mission Hills area of San Diego. This forum was held because of an increasing problem with homeless in that area. For those of you not familiar with San Diego, Mission Hills is an upper middle class neighborhood just north of San Diego Bay. The approximately 150 people that packed the meeting hall were both angry and scared, as not only had the numbers of homeless significantly increased in their neighborhood, but they were also becoming more aggressive, harassing individuals, going through trash cans, and urinating and defecating in public. Life has changed in Mission Hills as parents are now afraid to let their children play in the local park, and older residents are afraid to walk their dogs at night. The San Diego Police Department spokesman at the meeting thought that this increasing problem was the result of Proposition 47, which “has led to more homeless drug addicts and fewer people going into treatment.”
A Decent Democratic Senator . . . An Oxymoron
The Memory Games
For the past week I have refrained from commenting on the accusations by Christine Blasey Ford against Judge Brett Kavanaugh. Whether her allegations are true, mostly true, mostly false, or completely fabricated is something that no one will ever know for sure. While I am not implying that Ms. Ford could be intentionally lying, no reasonable person can argue that one’s memory is 100% accurate after a long period of time, and the alleged incident that Ms. Ford is describing supposedly occurred thirty-six years ago!
Practical Value
The other day someone that I know pretty well told me that one of her elective college courses this year was “Geology.” She added that it was boring. I felt like saying, “What did you expect? It’s about rocks and dirt!” It suppose that it could actually be interesting, but of any practical value? . . . not likely! As everyone knows, college is not cheap. Why waste a semester on something that has little, if any, potential to be of any practical value?