Analytics

Friday, October 30, 2020

Post #4862 M: Stossel on Fear vs Risk; The Economics of 80s Horror

 Quote of the Day

The way of the world is to praise dead saints and persecute living ones.
Nathaniel Howe

The Economics of 80s Horror

Stossel on Fear vs Risk

Trump's Failed Corrupt Foxconn Deal

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Political Cartoon

Courtesy of Gary Varvel via Townhall

Musical Interlude: #1 Hits of 1966

Poor Side of Town/Johnny Rivers

Post #4861 Rant of the Day: Trump's Claim He Saved Thousands of Lives With His Travel Bans

 From a pro-liberty perspective,  I am suspicious of government intervention in the COVID-19 crisis. I have a somewhat nuanced position as a minarchist libertarian: I do think there's a self-defense argument in protecting communities against public health issues; this is one of those positions I share with AnCap icon Walter Block on grounds of the non-aggression principle (e.g., a vaccine mandate): you do not have the "right" to impose your disease on me. The infamous case of asymptomatic "Typhoid Mary" Mallon is particularly relevant; she was primarily a cook (for wealthy families), in a state of denial over her disease, with bad hygiene habits (not regularly washing her hands). Now outlining a libertarian approach on handling the COVID-19 crisis is beyond the scope of this essay; we generally prefer decentralization of government authority and regulatory reform to engage the private sector, robust expression of scientific and medical communications, and a more nuanced, risk-based approach to public policy (e.g., protection/isolation of at risk populations): no blanket travel bans, shutdowns, mask mandates, etc.

Now don't get me started on Trump's failed management of the crisis. Keep in mind a central theme behind this essay is that Presidents have very little constitutional or other authority or ability to do much of anything, and both Trump and Biden are utterly incapable of managing whatever limited authority they do/would have. 

Trump's scientific illiteracy and superficial, sloppy, incompetent, self-serving, impulsive analysis, judgment and decision-making are beyond dispute, and other libertarians like Tom Woods piss me off when they accept Trump's attempt to rationalize e.g., his idiotic spitballing how we should be working on drugs that handle COVID-19 as well in the body as deodorants and UV lights work on viruses outside the human body; this was as profound and original as a primary school kid asking her Dad if Clorox works so well on hard surfaces, why can't we inject it inside the human body? Trump was on the stage with career scientists trying to assert his relevance because of his massive, fragile ego, and the poor scientists are trying to figure out how to tactfully respond to an unexpected batshit-crazy question from a guy who probably last looked at biology in high school (and almost surely didn't earn an A).

After the outbreak of H1N1 (swine flu) and Ebola during the Obama Administration, why didn't voters take into account Trump's relevant idiotic tweets and foresee the possibility of his inept leadership in dealing with an even more serious pandemic? I don't know. Why did he allow Bolton to reorganize the pandemic response team in the federal top-heavy bureaucracy with the Ebola crisis still fresh in people's minds? I don't know. But it's excruciating reading a Trump tweet that said effectively, if an American medical volunteer leaves the country to battle an international health crisis, lock the door behind him. America, you got the "President" you voted for. His embarrassing tweets were a harbinger of what has transpired this year; nobody should be surprised.

The one no-brainer thing to contain the crisis was to rapidly ramp up testing to diagnose asymptomatic or mildly symptomatic individuals. Not only did the government monopoly (with its not-invented-here mentality) bungle the crucial initial rollout during the crisis on Trump's watch, but he perversely tries to verbalize that testing has distorted the crisis as more serious than it is, and he lies about international comparative statistics. Listen, dude: we have less than 5% of the global population and a MULTIPLE of that (like 4 or 5 times) the cases and/or fatalities. Now, unlike the Democrats, I don't hold Trump responsible for relevant American statistics; you might argue his travel restrictions were too little, too late, too inconsistent, but the states under our Constitution (Tenth Amendment) are responsible for health security, and Democratic governors and mayors in particular implemented Draconian policies and try to scapegoat Trump for their economic illiterate and ineffective policies.

There is some scientific evidence that early travel restrictions can help mitigate the scope of the pandemic's spread, but is Trump's snake oil claim that "When I did China, it had never been done before. I was the first one to do it...We’re the ones that gave the great response, and we’re the ones that kept China out of here. And if I didn’t do it, you’d have thousands and thousands of people died — who would’ve died — that are now living and happy," correct? No. At least 38 countries had implemented sooner or around the same time as the US. ("We did not include 12 countries, such as Japan, that took some sort of action before the United States but with measures that were not as sweeping. Japan, for instance, barred travelers from certain regions of China, not the entire country. Some other countries, such Bangladesh and Myanmar, simply suspended visas on demand for travelers from China.")

 Furthermore:

The New York Times calculated that at least 430,000 people arrived in the United States on direct flights from China since Jan. 1, including nearly 40,000 in the two months after Trump imposed restrictions. Moreover, screening proceedings of travelers from China have been uneven and inconsistent, the Times said.

And: 
The Centers for Disease Control and Prevention on Jan. 21 announced the first travel-related case of novel coronavirus in the United States. Trump unveiled his plan 10 days later, making the restrictions effective Feb. 2. (On Jan. 17, the CDC had begun health screenings of passengers on direct or connecting flights from Wuhan, China, the epicenter of the outbreak.) ... U.S. citizens and permanent residents could still travel from China but were subject to screening and possible 14-day quarantine
Among Trump's apples and oranges is the intentional exclusion of American travelers from the "ban", as if they were more equal than Chinese travelers, as if the virus cared about its victims' nationality. So Trump thunders indignation over xenophobic charges: the fact is Trump's morally indefensible double standard. We should expect the same sort of restrictions (screening, quarantines, etc.) applicable to any traveler.

Between the first official report of an outbreak in China and the announcement of U.S. travel restrictions, more than 40,000 travelers from China were estimated to have entered the United States. Scientists believe the virus likely emerged and began circulating a month or more before it was first recognized in China, which may have allowed it to spread beyond the countries where cases were initially recognized.... Until Feb. 27, no other travelers to the United States faced such travel restrictions and quarantine requirements — even if they were arriving from other nations that were reporting coronavirus cases....In the early days of the U.S. epidemic, testing was restricted to people with a travel history to China, which limited the ability to detect locally the cases and infections among travelers from other countries.
And more:
40,000 US residents were repatriated from China, with screening described as cursory or lax... It is also possible that the virus entered via nearby Vancouver, British Columbia, which is closely linked to both China and Washington State.
Heck of a job, Trumpie.

Thursday, October 29, 2020

Post #4860 M: Citizen v Government 5; McClanahan on Calhoun Scholars; Anti-Biden Cartoon

 Quote of the Day

Our obligations to our country never cease but with our lives.
John Adams  

Citizen v Government 5

McClanahan on Calhoun Scholars

Anti-Biden Cartoon

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Musical Interlude: #1 Hits of 1966

The Last Train to Clarksville/The Monkees

Wednesday, October 28, 2020

Post #4859 M: Kibbe on Socialism; "Democratic" Socialism or the Free Market?

 Quote of the Day

I not only use all the brains that I have, but all that I can borrow.
Woodrow Wilson 

Kibbe on Socialism

"Democratic" Socialism or the Free Market?

Political Cartoon

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Musical Interlude: #1 Hits of 1966

96 Tears/? and the Mysterians

Tuesday, October 27, 2020

Post #4858 M: SOHO Debate on Fossil Fuels; Stossel: Betting on Politics; Kibbe on Nationalism

Quote of the Day

The mediocre teacher tells.
The good teacher explains. 
The superior teacher demonstrates. 
The great teacher inspires.
William Arthur Ward   

SOHO Debate on Fossil Fuels

I, of course, sided with the pro-fossil fuels' guy.

Kibbe on Nationalism

Stossel: Betting on Politics

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Political Cartoon

Courtesy of Tom Stiglich via Townhall

Musical Interlude: #1 Hits of 1966

Reach Out, I'll Be There/Four Tops

Monday, October 26, 2020

Post #4857 M: Justice Barrett; McClanahan on the Aftermath of Trump/Biden II

 Quote of the Day

I know God will not give me anything I can't handle. 
I just wish that He didn't trust me so much.
Mother Teresa  

Judge Amy Coney Barrett is Confirmed to SCOTUS

The Swearing-In of Associate Justice Barrett

McClanahan on the Aftermath of Trump/Biden II

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Political Cartoon

Courtesy of Pat Cross via Townhall

Musical Interlude: #1 Hits of 1966

Cherish/The Association

Post #4856 Rant of the Day: The 2017 Astros Sign-Stealing Kerfuffle--Again

 I was enjoying last night's World Series' game 5, when one of the idiot announcers started ranting about the Astros' cheating during their 2017 championship run. It was in terms of discussing starting pitcher Clayton Kershaw's World Series record; the Dodgers have won 3 of the last 4 NL pennants, losing the 2017 and 2018 Series. The announcer was speculating how much better Kershaw's record would have been if the Dodger had played in a fair Series with the Astros

The speculation is that the Astros stole catcher signs to the opposing pitchers using a camera planted in the outfield stands and would audibly signal to the batter which pitch is coming (the pattern was alleged trashcan banging to signal a curveball; I guess they figured the other team couldn't steal their trashcan bangs. #sarcasm). Each pitcher has a limited number of pitches, e.g., fastball, curve, slider, changeup, and/or others. Part of the duel between the  pitcher and batter is the uncertainty of pitch selection. For example, the availability of a changeup could affect a batter's timing against a  fastball specialist. 

Stealing signs is part of the history of the game. For instance, a runner on second might be able to see the catcher's signs, see the pitcher's grip on the ball, etc., and somehow tip off the batter. The general opinion is that this type of "natural" intervention is limited in scope and not the same as the unwarranted use of technology.

As a baseball fan during my high school and college years in Texas, I followed the Astros and in fact to the present, I've only attended a small number of Astros' home games in person as a paying fan, mostly when Nolan Ryan was their ace. (I'm really a Twins' fan, a story I've mentioned multiple times in the blog, which put me in an odd place when the Astros eliminated the Twins in this year's first round.) To those of us who have followed the Astros for years, while the Astros were part of the National League, the 2017 World Series win was the first in the history of the franchise, and in essence the effort to dismiss a hard-won, 7-game series on speculation over the nature, extent and/or effectiveness of alleged cheating is outrageous, and I wrote multiple tweets and posts on this topic months back.

First, let me point out roughly half of the games including the seventh game of the World Series in question were on the road, without this alleged home field advantage. The Astros had a slightly better road record than home record. I don't see any reason to conclude the alleged sign stealing improved the Astros' performance or that the home performance was inconsistent with the road performance. In fact, the Astros have been in the ALCS for 4 consecutive years, twice winning the AL pennant without any evidence of said misconduct extending beyond the first year. Houston simply has a talented roster.

Second, I read an LA Times piece that mentioned that rumors of Astros' sign-stealing had reached the Dodgers before the World Series. Now the very first thing I would do if I suspected the opposition knew my signs would be to randomly rotate/change my signs across, even within innings. The alleged cheating is only as good as the valid interpretation of the catcher's signs.  And unreliable tips from the dugout could adversely affect batting performance. 

Third, there are a lot of nuances to pitches. It's not just the type of pitch, but the speed, location, rotation, etc. I mentioned in a prior post it's one thing to know the pitcher is coming with a 100 mph fastball; it's quite another thing to hit it. Some batters have known issues with curveballs, may have issues with certain parts of the strike zone. Opposition research knows about it; the pitcher may have his own history of encounters with a batter, what works and doesn't. And pitchers make mistakes, e.g., a hanging curveball. A similar thing goes on with scouting or observing pitchers. For example, a pitcher may be having trouble getting his curveball in the strike zone today. His go-to pitch may be his fastball. Similarly, there may be a go-to pitch on a full count. 

There is no requirement for a catcher to call a game. There is no requirement to use signs. 

Finally, at least some data scientists, like Robert Arthur, have parsed the trashcan data compiled by Tony Adams who analyzed every 58 home game on video of the 2017 season by pitch and trashcan bangs. Up to a third of the alleged pitch calls were wrong, especially with runners on base, and related batting performance was significantly below average, whereas for correct calls aggregate batting average was only a few points higher without any increase of on-base percentage. Arthur concludes any benefit from purported stolen signs was negligible at best, certainly not worth the risks of getting sanctioned from the baseball commissioner who had warned clubs of consequences.

Post #4855 Rant of the Day: Biden's "Public Option" is a Bunch of Malarkey

 For the unfamiliar reader, the title of this essay is a play on words on one of Biden's favorite words for "rubbish". SNL made a drinking game of Biden's use of the term in their spoof of the final Presidential debate last week.

Biden's proposed ObamaCare expansion should be no surprise. The House Democrats in the 111th Congress fought tooth and nail for a public option. While on the surface it is a middle ground between Comrade Bernie's backdoor nationalization Medicare for all "solution" and the status quo, it is de facto interim step to nationalization, i.e., a government monopoly. On the face it maintains a façade of a mixed public/private market, so it doesn't do away with politically popular job-based healthcare insurance, but let's be clear: this isn't fair competition. If you're a private insurer, you cannot survive long-term in a low-margin business, and neither can providers, where you are competing against a monopoly with over a $26T debt and climbing, a competitor which sets/does not negotiate prices.

A key issue is hospital costs. About two-thirds of hospitals lose money on government-program patients; overall, Medicare/Medicaid payments cover only about 87 percent  of patient costs, while private insurance plans pay up to 145%, making up the difference. With many (especially rural) hospitals being pressed by dwindling private sector patients, any shift of patients to below-cost government reimbursements could lead to significant hospital closures; a smaller supply of hospitals has obvious implications on competitive pricing and exacerbate the unsustainable price spirals in the private sector. It's increasingly difficult to find doctors willing to take on government program patients with excessive paperwork, regulations and lower, delayed reimbursements. Biden's plan would also reportedly allow lower-income workers to opt into a likely lower-cost public option premium, co-pays, deductibles, etc. (unlike ObamaCare, which may not provide subsidies to employees with healthcare insurance options at work). Obviously a lower number of insured policyholders undermines the insurer's scale in negotiating with providers. In the long run, employers may simply decide to capitulate to exploding benefit costs and point employees towards the public option plan.

That is why Biden's public option "reform" is a slippery slope to nationalization with its inevitable rationing, lower quality and availability tradeoffs, less innovation, and an indifferent, rigid, unresponsive centralized bureaucracy.

Sunday, October 25, 2020

Post #4854 M: SNL on Trump/Biden II; Woods on Leftists Opposing COVID-19 Policy Orthdoxy

 Quote of the Day

Knowing others is intelligence; 
knowing yourself is true wisdom. 
Mastering others is strength, 
mastering yourself is true power.
Lao-Tzu

SNL on Trump/Biden II

Woods on Leftists Opposing COVID-19 Policy Orthodoxy

Click here to sign the Miller petition.

Rand Paul on the Link between Nazism and Socialism

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Political Cartoon


Courtesy of Steve Kelley via Townhall

Musical Interlude: #1 Hits of 1966

You Can't Hurry Love/The Supremes

Saturday, October 24, 2020

Post #4853 M: Cryptography vs Big Brother; On the Evil of Court Packing

 Quote of the Day

I love those who yearn for the impossible.
Johann Wolfgang von Goethe

Cryptography vs Big Brother

On the Evil of Court Packing

As the constitutional attorney explains, the confirmation of Judge Barrett is not packing/unpacking. At most, it's politically opportunistic from RBG's passing. The GOP did not add or subtract the number of justices to manipulate SCOTUS for political reasons. That is precisely what the Dems are proposing to protect their pet legislation from judicial review, e.g., ObamaCare. This undermines the credibility and integrity of SCOTUS.

Political Cartoon

Choose Life

Musical Interlude: #1 Hits of 1966

Sunshine Superman/Donovan

Post #4852 Social Media Digest

 Facebook


Twitter

I was puzzled by why all of a sudden Twitter's "hot trends" for me were predominantly Czech. I eventually realized my new Twitter account was defaulting to my (remotely assigned) VPN IP location, and I had to toggle off a setting or two. I did have my first "viral" (>1K impression) tweet in weeks (the Tillerson tweet) for the first time in weeks, but my statistics remain in an extended slump.

Friday, October 23, 2020

Post #4851 M: Voting is Overrated; Woods on the Trump/Biden II Debate, Non-Hysterics Just Asserted Themselves

 Quote of the Day

We didn’t build the Mac for anybody else. 
We built it for ourselves. 
We were the group of people who were going to judge whether it was great or not. 
We weren’t going to go out and do market research. 
We just wanted to build the best thing we could build. 
When you’re a carpenter making a beautiful chest of drawers, 
  you’re not going to use a piece of plywood on the back, 
  even though it faces the wall and nobody will ever see it. 
You’ll know it’s there, 
  so you’re going to use a beautiful piece of wood on the back. 
For you to sleep well at night, the aesthetic, the quality, 
  has to be carried all the way through.
Steve Jobs  

Voting is Overrated

Woods on the Trump/Biden II Debate

Woods on the Non-Hysterics Just Asserted Themselves

As in the case of the first Trump/Biden debate podcast, where the eventual posting to Youtube lagged, at the time of this post, the podcast is not on Woods' Youtube channel, so I'm posting an audio player clip

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Political Cartoon

Courtesy of Gary Varvel via Townhall

Musical Interlude: #1 Hits of 1966

Summer in the City/The Lovin' Spoonful

Post #4850 Trump/Biden Debate 2: My Review

 My prior posts on the 2020 general election debates: Trump/Biden 1 and Pence/Harris.

A brief summary: this was a much improved debate, in terms of topics, professional demeanor, quality and performance by the participants. I think the preannounced mute buttons probably helped, and the moderator (Kristen Welker) did a better job than Chris Wallace did in controlling the debate. This was easily the best debate performance I've seen from Trump (the 2016 GOP primary debates and this year's;  I still have not reviewed the Trump/Clinton debates). He seemed much more disciplined, muted, and better prepared. I did think the questioning in general tended to favor Biden (climate change, minority neighborhoods near polluting businesses, systemic racism, and an emphasis on the COVID-19 pandemic and recession economy).

Let me repeat that I would have preferred to see Jo Jorgensen in the debate. That being said, I evaluated the debate in terms of strategy and in terms of points

From the standpoint of strategy, Trump, who is behind in the polls, really needed a knockout punch or Biden having a meltdown, something that might catch the attention of voters on the fence, maybe even sway soft support from Biden. He didn't get that, and I think his own campaign's attempts to portray Biden as all but senile, gaffe-prone, etc. left Biden with a low hurdle to clear, with Biden easily turning in a reasonably competent, engaged performance. Clearly Trump hoped to provoke Biden with accusations of corruption, especially with respect to his son Hunter. But Biden was prepared and largely shrugged off the expected attacks. I do think Biden missed an opportunity to turn the tables on Trump, his illegal hold on Ukraine aid to force a politically motivated investigation. On Trump's part, he came close but didn't quite reference the ethical issues involved in a conflict of interest posed by Hunter Biden's involvement with Burisma. (Among other things, the US was investigating the oligarch (Mykola Zlochevsky) who owned Burisma. You don't want the perception that the oligarch was buying favors from the US government by hiring Hunter Biden, particularly given VP Joe Biden's role in Ukraine relations. I believe that there were those in the State Department who raised concerns.)

On points, I hate to say this because I almost completely disagree with Biden on policy, but I felt Biden was generally more articulate, specific and detailed in his responses, while Trump was more predictable and resorted to his usual bluster and braggadocio. To give an example off the top of my head, Trump repeated that he has done more for blacks than anyone since Lincoln. Seriously, dude? Like landmark Civil Rights legislation in the 1960's which outlawed segregation in public places and discrimination in hiring, plus related voting reforms, which among other things opened the way to more black lawmakers in the South and eliminated race-oriented public policy restrictions in voting? He also claimed that he had done more for blacks than the Obama/Biden Administration in terms of the justice system (commutations, etc.) Biden was prepared for this and returned Trump's serve  for a winner, rattling off commutation numbers that dwarfed Trump's purported efforts. I did think other parts of Biden's defense were more hypocritical like blaming the opposition Congress for lack of progress. The fact is that Obama had a supermajority 111th session of Congress, which Trump never had, and control of the Senate for his first 6 years. Trump lost the House in his mid-terms and so the same excuse could be used by him (and was in his discussion concerning Speaker Pelosi).

In my more specific discussion below on topics, I may do like in my VP debate spin off separate pro-liberty takes in inset red-type paragraphs.

Leadership in the COVID-19 Crisis

I believe, like in the case of race relations, the moderator didn't really break new ground here. I think the intent was to get the candidates to be specific about what they would do to lead in the crisis starting with the next inauguration given the assumption we are still battling the pandemic in January.

Trump basically argued more of the same, that his strategy is working; he points out that some models had projected millions of deaths, he argues his travel bans, e.g., from China, lowered the severity of the pandemic, that they had turned the corner on, e.g., the production of ventilators, which were in shortage at the beginning of the crisis and we are near the corner on producing and distributing a vaccine. He once again tried to scapegoat China for the pandemic, argued that government experts like Fauci have vacillated on practical issues like face masks. He pointed out high casualties in blue states like NY. He once again tries to argue that testing has distorted statistics. Some personal shots, like Biden riding out the pandemic in his basement, and Trump argues that Biden has been inconsistent on travel bans and said that Biden argued the restrictions were xenophobic policy.

Biden basically argued that Trump is not providing states and businesses with the funding they need to safely reopen (e.g., to put up plastic barriers between workers/students, etc.), that he didn't react quickly enough to news of the pandemic, has impulsively and prematurely pushed for reopening, as early as Easter. He dubiously suggests a national face mask mandate and responds to Trump blue state attack by pointing out red states (like the Dakotas) are spiking in the ongoing third wave. He says that Trump's approach isn't working, that we're back to over 1000 deaths and over 50,000 or so cases daily.

A few points to make here. First of all, in our federal system, health regulation is primarily the responsibility of states. A President's role is fairly limited constitutionally. I expected, but Biden did not argue that reorganization of the pandemic response unit occurred on Trump's watch, that the FDA and CDC botched initial testing rollout, and earlier testing could have helped contain the pandemic. The spread of the virus had more to do with returning American tourists who obviously were not properly quarantined. According to experts, travel bans may temporarily slow but not stop the spread of the disease. Second, Biden's suggestion of throwing money at the problem is not only fiscally irresponsible but ineffective, sets false expectations and is morally hazardous. Schools are a state/local, not federal responsibility. I would have liked to see the debaters look at how federal regulators and government monopolies impede the private sector from responding, e.g., in testing, like South Korea managed to do. The shutdown policies at the state/local level were too broad, e.g., job sites may not be hotspots for infection. Biden's willingness to consider another shutdown and to implement an unconstitutional face mask policy are worrisome.

Foreign Relations/Interference in Elections/North Korea/China

Given foreign relations are a key Presidential responsibility in terms of trade and diplomatic relations, I welcomed this segment but found the moderator's discussion fairly superficial and politically motivated (do we need yet another discussion of Democratic talking points on "Russian election interference"?). So in this segment, I will merge my pro-liberty perspective in discussion.

On trade, both Trump and Biden are protectionist and economically illiterate. For some reason, Biden never pointed out TTIP or TPP, which were pursued under Obama and trashed by Trump; TPP doesn't even include China in the region, so the US departure is arguably counterproductive to our influence in the region. Biden asserted China must play by the rules, wasn't clear how he would deal with China vs. Trump on specific policy differences; he didn't really address the fallout or blowback from "Tariff Man"'s policies. Trump falsely claims "China"  (not American citizens) paid his tariffs and claims credit for paying farmers relief from tariff proceeds, not pointing out that this was retaliation for his unilateral tariffs on China. Trump's tariffs were not only counterproductive but at the expense of American consumers paying higher prices. Biden responded that the trade deficit has expanded during Trump's tenure; neither Trump nor Biden understand the concept of a trade deficit.

We saw a brief skirmish on Biden's criticism of Trump's undiplomatic relations with traditional allies, while Trump takes credit for higher defense spending by the same. As a libertarian, I have concerns about a bloated defense budget and foreign entanglements.

No discussion of the fact we still have troops exposed in the Gulf Region, including Afghanistan.

On the election interference talking point, no discussion of the hypocrisy and fact of US involvement in foreign elections. Biden basically complained Trump has been AWOL on the alleged domestic vulnerability issue (Russia, China, Iran, etc.)  Trump responds that he has been very tough on Russian sanction and counterattacks Biden has taken foreign money. Biden argues that effectively Trump has a pay to play scheme, e.g., do business with Trump hotel properties. Trump brings up Hunter Biden.

There is some discussion of whether Trump's relationship with the North Korean dictator has been productive given North Korea's ongoing missile program; Trump sees his approach as an improvement over Obama/Biden's.

Bottom line: both Trump and Biden oppose free trade, support economic sanctions and are military interventionists with nuanced differences.

SCOTUS/ObamaCare/COVID-19 Relief

We already know Biden believes the RBG replacement should be decided by the election winner and Trump's position is that it is his and the current Senate's responsibility to fill the vacancy. So the question was more like what's to become of ObamaCare, say if SCOTUS with a prospective Justice Barrett strikes down ObamaCare? What about coverage for those with preexisting health concerns? And complicating things further, what about COVID-19 exposure which may ultimately become a long-term health issue?

Biden thinks that the GOP is trying to sabotage when they repeatedly failed to do in Congress, repeal and replace. He points out Trump still hasn't fleshed out his own healthcare proposal; he may talk covering preexisting conditions but where's his plan? He proposes a "public option", wants to enable Medicare to negotiate prescription drug prices.

Trump takes credit for eliminating the unpopular individual mandate and dismisses Biden's proposals as socialized medicine. 

Biden faults Trump and the Senate GOP for bottlenecking COVID relief. Trump takes credit for signing into law prior COVID relief while blaming Pelosi for the Congressional stalemate. He doesn't want to bail out Dem-controlled cities and states. There's a related squabble over minimum wage; Trump sees it as a state issue  and notes that raising the cost of labor is counterproductive in a recession. Trump also tries to link blue state fiscal issues to the costs of supporting unauthorized aliens.

Both Biden and Trump favor federal involvement in healthcare, and there are all sorts of issues with prior COVID-relief, including in many cases people making more money in unemployment than at their regular jobs.  Biden's public option is a de facto interim step to nationalized healthcare. Seriously, what company can compete against a government which operates $28T in the red?

Immigration

Biden condemns the Trump Administration policies on unauthorized migrants, including the cruel family separation policy, not to mention the targeting of Dreamers (unauthorized foreign-born residents who entered the country as children). Trump accuses Biden of hypocrisy, arguing the Obama Administration  were the ones who built the camps in question and also separated some families. 

Biden has the better argument. Trump's family separation policy was unprecedented in nature or extent, although some separations did occur under Obama. But the fact is Obama did not prioritize immigration reform in the 111th Congress; the Dems only moved on Dreamers after they lost the first midterm, and Obama's Dreamer executive action was unconstitutional, not originating in Congress. The Dems have generally opposed immigration reform based on constituent labor union protectionism.

Racism: The Talk

The moderator is referencing that black parents have to explain to their children that they can be victims of racial profiling by authorities and what protocols to follow to ensure their safety if addressed by a policeman. 

Trump argues that he's done a lot for minorities, including criminal justice reform, opportunity zones, the lowest unemployment numbers in recorded history, etc. He accuses Biden of all talk, no action, whose 1994 crime bill threw a lot of blacks into prison.

Biden talks about incentivizing states to abandon minimum sentencing and not incarcerating heavy drug users but getting them treatment.

I would have liked to hear more discussion about qualified immunity, civil asset forfeiture, occupational licensing reform, etc. Prosecution of victimless crimes is abominable, and imprisoning a disproportionate number of Americans (and blacks making up a disproportionate number of those) is morally unacceptable.

Climate Change

Trump argues that the Paris reforms created an economic disadvantage relative to China, India, and developing markets who were exempt for several years. He argues that fracking and cheap natural gas have led much lower American carbon emissions.

Biden is once again selling Obama's industrial policy of trying to generate jobs and wealth through "investments" in green technology.

Trump clearly has the better argument here. I'm surprised that he didn't challenge economically illiterate Biden on clean nuclear power or the various scandals like Solyndra under Obama.

Thursday, October 22, 2020

Post #4849 M: PJ O'Rourke on the End of Classical Liberalism; Woods vs. Academia

 Quote of the Day

An author is a fool who, 
not content with boring those he lives with, 
insists on boring future generations.
Charles de Montesquieu  

PJ O'Rourke on the End of Classical Liberalism

Woods vs. Academia

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Political Cartoon

Musical Interlude: #1 Hits of 1966

Wild Thing/The Troggs

Post #4848 J : Shutdown Diary; the Upcoming Election; Entertainment Notes

COVID-19 Shutdown Diary

Slow but steady transition back to normalcy at work. Technically I work at a government facility but have been working remotely and technically haven't been in the on-site work location. I live fairly close to one gate, but no in-traffic during the COVID-19 crisis. Only a few weeks back they allowed outflow for the evening rush hour. So there is another local (main) gate but basically I need to drive a horseshoe shaped route through downtown which adds several miles and maybe another 15 minutes to my commute.

[It sort of reminds me of high school in south Texas. I lived at family housing at the local AFB. The high school (and nearby junior high down the road) were about a mile west from the base entry. But the intervening land was owned by a local rancher. The rumor was the government wanted to build a road directly to the school, but the rancher wouldn't negotiate an acceptable price for the easement, so the buses had to do a multi-mile horseshoe workaround through  the local city. Sometimes we had to wait for buses to drop off kids from a first pass in the afternoon. A few of us used to hike through the ranch, rather than wait the 20-30 minutes for another bus; I think the first time I joined one or 2 others, but mostly in the dozen or so times I did this, I was by myself. The ranch was like a Texas stereotype, full of cacti, an occasional skull, and the ominous rattles of rattlesnakes. (I'm not sure what I would have done if bitten. But I think we as young people felt invincible.)]

It looks like they'll finally open up the more convenient gate for inbound traffic next week for the first time in months. Plus, my own workgroup, which has been working remotely, will start transitioning back to work on-site within a few days, at first the same one workday per week. So our team lead circulated a cubicle plan that alternated cubicles, presumably for social distancing. Now part of the point of bringing up these specifics is because of the relevant group discussion. The local protocol is to wear masks, at least when walking outside one's own cubicle. But one colleague seemed desperately worried about the prospects of catching COVID-19 from the rest of us. Dude! Even with 8.2 M cases (and keep in mind at least some of the initial cases were inferred without testing), that's less than 3% of the US citizens. Now, granted, many more people could have been infected and don't realize it with mild or no clear symptoms--and they can spread the disease during their two-week or so . It might be there are unusual circumstances behind the colleague's worry: maybe his household has a member with high-risk factors, say an elderly parent or a child with a fragile immune system. 

The latest from Washpo: it does seem we are in an uptrend, not yet what I consider a surge per se, but most days over the past week are 57K or above; what makes things worrisome is we are heading towards flu season (yes, I've already taken my shot) which may also be a contributing factor to hospital utilization rates

In the past week in the U.S....
New daily reported cases rose 9.1% 
New daily reported deaths rose 1.7% 
Covid-related hospitalizations rose 8.4% 
Among reported tests, the positivity rate was 5.6%.

Political Potpourri

One of the annoying things this election season is somehow the GOP has discovered my cellphone number, and I've been getting unsolicited texts from WV, SC, and AZ. I last cast a vote as a Republican in the 2016 SC primary, intending to support Rand Paul, who had already withdrawn from the race.  I then voted for Cruz, mostly as a protest vote against Trump. I officially left the GOP when Trump clinched the GOP nomination. I don't think SC recognized the Libertarian Party, but Arizona did. And I left Arizona over 3 years ago. The WV ad was something like "Tell Manchin to vote for Judge Barrett's confirmation." I'm like, "Dude, I haven't voted in WV since 2014." I mentioned in a prior post that a Congressional candidate in my old SC district (or maybe her staff) had contacted me to do some campaign work (putting up signs, etc); I thought she was running for my Maryland district. But far the most prolific and annoying was been McSally, the incumbent running against Kelly, husband to Gabby Giffords, former Congresswoman, victim of gun violence. There are all these personal attack ads on Kelly; let's be clear: if I were still living in AZ, I would not be voting for Kelly. But let me be clear: McSally has been a little too Trumpkin for my tastes, and I really don't like personal attack ads. But, for God knows what reasons, I've gotten many texts from Democrats trying to register me in Arizona. I have no idea why they think I must be registered in AZ, but I have gotten flyers from AZ sent to my current MD address. (Maybe they think I'm in the military?) As for Democrats trying to recruit me, isn't that cute? Not a chance. Of course, I can always block them if they get too annoying. 

I did publish a recent tweet saying basically Trump is done. Multiple negative events, including his disastrously unprofessional first debate, his getting infected with COVID-19 along with his unpopular handling of the crisis and his irrational decision to pull out of the second debate; he's behind in virtually every national poll by an average of over 7 points. He needed those last two debates more than Biden, but he refused to do a remote for the second debate, even while he was still infected. (I think he didn't like the fact they could cut his feed if he continued interrupting Biden.) 

Now Biden had stretched his lead to almost 10 points, but almost everyone expected the race tightening a bit. I've been some polls showing a tie or leads within the margin of error in Iowa, Florida, Georgia and North Carolina.  RCP had Trump taking back Ohio after earlier polls, but in the no-tossup scenario Biden is still swamping Trump with about 350 electoral votes. Trump isn't competitive in any Clinton state, so Biden is starting out with almost 230 votes and needs 270. Just to give an example, Texas has 38 votes and a recent poll there has Trump and Biden in a tie. If Biden wins Texas, he just needs one more Trump state, and not only does Biden lead in Michigan and Pennsylvania with statistically significant leads but RCP has AZ, FL, NC, IA, and WI leaning Biden, and Biden has clear shots to upset in TX, GA, and OH. So now Trump is having to play defense; maybe he can stave off a Biden landslide with a run of close races in the South. In the meanwhile, Biden has a huge campaign chest to take the fight to Trump in Trump's own 2016 states. But remember Trump's 304 electoral votes in 2016 were a 35 vote margin (over 269). This means if Trump lost Texas alone, he wouldn't have won the Presidency.

Now are there "shy Trump voters" misleading pollsters? Perhaps but unlikely. And of course it depends where Biden's votes are coming from: Biden doesn't need 60% of the votes in California, New York or Massachusetts to win those states. But the problem is that Trump has serious issues with women voters and has had almost consistently poor job approval numbers (I can only remember one week all term where Gallup had a net approval rating). Biden is roughly at parity favorability rating while Trump is more like 11% under. But I don't think that Trump will improve over the GOP's loss of the House in 2018. His highest winning issue has been the economy and we're still in a bad COVID-19 recession. And nothing demonstrates Trump's ineptitude in managing the COVID crisis like catching the disease himself.

Maybe some day, once Trump is safely out of office, I might explain how I would have handled the cards he's been dealt, but it's utterly absurd that his has ZERO plans for a mandate agenda, other than getting him for 4 more years. He's still trying to make Biden the issue. That ship has sailed.

Really, Trump's last gasp is tonight's debate. Trump is so shallow and incompetent he'll predictably try to go after Biden personally. All Biden needs to do is to keep his cool and let Trump burn his own bridges.

RCP also sees the Dems narrowly winning control of the Senate.

Entertainment Notes

  •  My signature blog now has the second highest annual accumulated posts in the history of the blog. A new record should be set by Thanksgiving.
  • I snapped a long drought in 1K impression tweets this week. 
  • WWE continues to perplex me. They put a long awaited (PPV-worthy) match between one-time close buddies Sasha Banks and Bailey on Smackdown for Bailey's title. Predictably, Bailey got herself disqualified. I do like Roman Reign's new heel persona. I'm still not liking Drew McIntyre's reign, and his Orton program is boring. To me, newly drafted AJ Styles should be McIntyre's next feud opponent. I'm glad they finally ended the RAW Underground segment which seemed to be inspired by flicks like Fight Club. The Mysterio/Rollins program is stale. The Retribution rogue invasion is unbelievably bad. I'm still awaiting a decent challenger to RAW female champ Asuka, maybe Shayna or a rumored returning Rousey. I still don't know what they are doing with novelty act Otis' guaranteed championship; I seriously doubt that they'll have Reigns drop his title to Otis.
  • Is it just me or  do the holidays seem to come earlier each year? Walmart already has Thanksgiving turkeys out there. I've seen Christmas wreath promos out from Sam's Club. So Hallmark Channel and its sister channel HMM start their annual Christmas cable movie marathon tomorrow (HC 6 AM) and tonight (HMM, 10 PM) and its competition Lifetime does the same. (Well, marathon may be too strong a word. Hallmark does have a daily show it continues around midday on weekdays.)

Wednesday, October 21, 2020

Post #4847 M: Woods on the Lockdown Crimes Against Humanity; Virus and Leviathan; Encryption as Free Speech

Quote of the Day

The first characteristic that people look for in a leader is honesty.
Don A. Sanders  

Woods  on the Lockdown Crimes Against Humanity

Virus and Leviathan 

Encryption as Free Speech

Choose Life

Political Cartoon

Courtesy of Al Goodwyn via Townhall

Musical Interlude: #1 Hits of 1966

Tommy James & the Shondells, "Hanky Panky"

Tuesday, October 20, 2020

Post #4846 M: Reason Mocks the Barrett Hearings; Woods on the COVID Crisis and Restrictions; Stossel and the Full Jo Jorgensen Interview

 Quote of the Day

To lead others, embody their ideals!
Leonid S. Sukhorukov

Reason Mocks the Barrett Hearings

Woods on the COVID Crisis and Restrictions

Stossel and the Full Jo Jorgensen Interview

Choose Life

Political Cartoon

Courtesy of Tom Stiglich via Townhall

Musical Interlude: #1 Hits of 1966 

Paperback Writer/The Beatles 

Post #4845 Rant of the Day: The Judge Barrett SCOTUS First Day Hearing

 I realize this is coming a full week after the hearing in question; in part, I decided to expand my discussion beyond what I originally intended.

Familiar readers know that the trigger that led me to leave the Democratic Party as conservative young man was the sabotage of the Bork nomination. The disgraceful personal attacks on Clarence Thomas and Brett Kavanaugh (after I left the GOP) validated that decision.

"Hell is paved with good intentions." We libertarians tend to read something with a different twist into the idiom: legislation with well-intentioned goals and/or even a politically contrived gimmicky name: who can object to "fair employment" or "affordable healthcare"? Surely only heartless, amoral, corrupt, selfish monsters would oppose an "I love mommies and puppy dogs act" (this is how I characterize these typically progressive legislative bills).

I eventually migrated to more of a conservative skeptic of government, as I saw LBJ's war on poverty ultimately stagnate and fail, creating a permanent underclass of entitled government dependents, a dysfunctional war on drugs (also note stupid foreign entanglements, public education deteriorating in our urban centers, and 101 other things). I started looking at legislation in more detail and questioning the need for government intervention in markets; what were the unintended consequences, moral hazards? Regulations and mandates as well as taxes increased costs in the private sector; quite often these have disparate effects on smaller companies and have the effect of reducing market competition, innovation and/or availability of goods and services. Various "temporary" fixes, like taxes and tolls, tend to become permanent and create dysfunctional self-serving inflexible bureaucracies. 

The ObamaCare Kerfuffle and Preexisting Conditions

Government intervention in healthcare has been extensive and beyond the scope of this post, and I want to suggest that the issue leftists are using to promote ObamaCare, the principal ideological weapon being the hyped "pre-existing condition" coverage, which I'll discuss shortly; but to a large extent, this is an artifact of government policy. In a free market. buyers and sellers engage in voluntary exchanges. Sellers of healthcare services, unlike the federal government. cannot run at a loss in the long run. But public policies like community rating (i.e., you cannot charge more costly policyholders higher premiums) undermine availability. However, pre-ACA, you could buy insurance for the risk of developing a preexisting condition (at a fraction of the cost of typical insurance). Tying healthcare to jobs, a direct result of government policy, exacerbates the uninsured problem since even temporary COBRA coverage is more costly at a time when the household has less disposable income. 

So let me give an example from personal experience. Other than for my weight, I've enjoyed good health most of my adult life. I've had jobs (all providing coverage) where I never saw a doctor and never even chose a personal physician available to my plan the entire duration of my job up to a few years long. During the Great Recession, I remember getting sticker shock at what COBRA would charge--almost the amount of my monthly rent. So health insurance is different than rent. You get the use of your apartment every day of the month. But I might see a doctor every few months and the a la carte cost of a doctor visit might be, say, $150 (vs a $750/month premium). 

I looked at the individual market, which offered lower-costing policies than COBRA, when my job prospects in the short term seemed marginal at best and I had no unemployment or other income. And the main motivation I had was to control the risks for developing catastrophic, high-cost conditions like cancer. But as soon as I entered my height and weight, I was immediately rejected (and the premium was much more than than a doctor visit per month). I would later find out my BMI was higher than their cutoff. They sent me a follow-up explanation, suggesting I consider the MD assigned risk pool program. (I never did that, although I recall the risk pool premium, more than double the individual plan premium, was at least $100-150/month cheaper than my most recent COBRA offer would have been. I would have been willing to pay more than the individual policy premium I had applied for.) So, to stretch my savings, I did without coverage, and paid my assessed ObamaCare penalty/"tax" under the Obama Administration. By the time the Trump Administration  waived the mandate coverage after 2017 tax reform, I have had continuous coverage, either job or COBRA.

The relevant point of my story was the availability of an assigned risk pool, basically a state program, had the practical effect of limiting my private sector options. And we see similar types of things happening after ObamaCare went into effect, with some studies showing the largest providers reducing charity care allocations on average going down by up to 20% or more with surging revenues. Michael Cannon has pointed out tradeoffs in quality for high-cost insured (e.g., restrictive network and prescription coverage, limited enrollment period) under ACA, never mind sky-rocketing deductibles, premiums, and less competition in the federal "marketplace": so much  for "affordable healthcare". Unnecessary high-cost mandates (including "free" services) and regulatory overreach have had perverse effects on cost-effectiveness. 

And, to an extent, you can understand the position of the insurance companies, especially in a rigged ACA marketplace: no one wants to be the preferred vendor of money-losing policyholders. The basic assigned risk pool concept is to separate and subsidize coverage for high-cost patients, funded by say a surcharge on policies overall, and so the costs are spread more evenly and do not depend on a company's underwriting proficiency. 

I'm not going to do a comprehensive history on the federal government's failed intervention in the healthcare sector over the past but just a brief summary of points I've posted earlier in the blog:

  • the government has artificially limited the number of physicians and other providers, limiting competition.
  • the economically illiterate FDR administration had imposed wage and price controls as the labor supply was constrained by deployed warfighters during WWII. FDR accommodated employer pleas by allowing them to offer untaxed benefits as part of compensation while wage controls continued. The untaxed benefit stretched health care dollars and proved too unpopular to expire after the war. Unions and workers had every incentive to maximize the tax-free side of compensation, and insurance morphed into a variation of bundled health services, not real insurance; in the real world of insurance, ordinary expenses (say, in the context of auto insurance, things like gasoline purchases, oil changes, tire and battery replacement are different from covering your potentially significant liability for auto damage to other people and/or property) somehow melded into the construct of sharing the risks/costs of rare health issues. (The ultimate absurdity was during the corrupt development of ObamaCare, which Speaker Pelosi hyped with "free" physicals, breast exams and/or birth control .)
  • The LBJ Administration introduced federal monopoly Medicare and Medicaid; along with social security, these entitlement programs account for nearly 70% of federal spending; nearly 40% of Americans are enrolled with them. Go figure. The feds don't have people spend food stamps in government supermarkets.
Ron Paul often mentions the elderly weren't dying in the streets from health issues before Medicare, that many providers provided discounts or even donated care. (He has said that he won't even file reimbursement paperwork for his services for government healthcare.)  And Medicare is not "free"; there are premiums, co-pays and/or deductibles.

Now let's talk about a little about preexisting conditions. CMS argues that 19% are/were uninsurable with preexisting conditions.(I don't find a date of the report, but their latest citation was 2011, and they make reference to ObamaCare being passed in the prior session of Congress, which implies it was published in 2011-2012.). The 19 state high risk pools automatically qualified people with the following conditions:
alcohol and drug abuse, chemical dependency, acquired immune deficiency syndrome (AIDS),  Alzheimer’s disease, angina pectoris, anorexia nervosa, aortic aneurysm, aplastic anemia, arteriosclerosis, artificial heart valve or heart valve replacement, ascites, brain tumor,  cancer (excluding skin), cancer (metastatic), cardiomyopathy/primary cardiomyopathy, cerebral palsy/palsy, chronic obstructive pulmonary disease (COPD), chronic pancreatitis, cirrhosis of the liver, congestive heart failure, coronary artery disease, coronary insufficiency, coronary occlusion, Crohn’s disease, cystic fibrosis, dermatomyositis, diabetes, emphysema/pulmonary emphysema, Friedreichs’s disease/ataxia, hemophilia, active and chronic hepatitis, HIV positive, Hodgkin’s disease, hydrocephalus, intermittent claudication, kidney failure, kidney disease, and kidney disease with dialysis, lead poisoning with cerebral involvement,  leukemia,  Lou Gehrig’s Disease/amyotophic lateral sclerosis (ALS), lupus erythematosus, disseminate,  and lupus, malignant tumors, major organ transplant, motor or sensory aphasia, multiple or disseminated sclerosis, muscular atrophy or dystrophy, myasthenia gravis,  myocardial infarction, myotonia, paraplegia or quadriplegia,  Parkinson’s disease, peripheral arteriosclerosis,  polyarteritis, polycystic kidney, postero-lateral sclerosis, psychotic disorders, silicosis, splenic anemia, True Banti’s syndrome, Banti’s disease, rheumatoid arthritis, sickle cell anemia and disease, Stills disease, stroke, syringomyelia (spina bifida or myelomeningocele), tabes dorsailis, thalassemia (Cooley’s or Mediterranean anemia), ulcerative colitis and Wilson’s disease.
In addition:
Individuals with five common conditions – arthritis, asthma, high cholesterol, hypertension, and obesity (BMI > 35) – were included in the second [insurers'] measure, as were individuals who had “ever been” diagnosed with arthritis, asthma, high cholesterol, or hypertension.  These conditions were found to result in a denial, an exclusion of coverage for that condition, or a higher premium for individuals in all but one of the seven underwriting guidelines we examined.
[The broader category would raise the uninsured rate by about half.] Who were the people getting insured? Primarily they were in group coverages by job (including dependents and/or through marriage to a working spouse, and to a lesser degree through federal and/or state programs like Medicare and Medicaid). 

We conservatives and/or libertarians tended to focus on any combination of a few alternative reforms to the abomination of ObamaCare, basically a bottom-up versus centralized approach (with its delusions of economies of scale and self-serving bureaucracies). Note this list isn't necessarily comprehensive:
  • catastrophic health insurance
  • enable cross-state/regional risk pools
  • expand eligibility for self-insured options (e.g., like for large companies)
  • let insurers regulated under any state to compete in other states
  • reinsure against significant losses due to providing coverage to high risk individuals
  • incentivize, shore up and expand high risk pools in states/regions
  • end the double standard of tax benefits for employer-based health insurance vs. other types, including the individual policy market.
Now I do agree the idea of Republicans, in post-ACA legislation, promising "repeal and replace" were in the wrong place, especially with respect to the second goal. The latter validates the legitimacy of Statist public policy vs. spontaneous order, an example of what Hayek famously called the "fatal deceit".

But the notion that ACA somehow is "the optimal" approach for handling high-cost individuals is purely partisan, indulgent rubbish. It makes more sense to spread the cost across the population vs. a small group of policyholders. All the latter does is to incentive healthier policyholders to leave a plan and find one more consistent with market pricing for their health status/lower cost or self-insure. The leftists argue without ACA, people with preexisting conditions will die in the streets (to reference Alan Grayson's infamous attack on more market-oriented Republicans). No, the vast majority will still find coverage like CMS found above. More decentralized risk pooling would be vastly more effective than the centralized approach and the ludicrous bribery of voters by promising "free" benefits like annual physicals, breast exams, and birth control. The whole idea of the individual mandate is to force healthier people to pay above-health status premiums to subsidize sicker beneficiaries, de facto transferism/mini-socialism. The latter may be a political goal but not an actuarial one.

Why Judge Barrett Is Being Attacked Over ObamaCare

"In December of 2017 the Tax Cuts and Jobs Act was passed, reducing the corporate tax rate and repealing the ACA individual mandate." One of the corrupt bargains struck between the Democrats in the 111th session of Congress and Big Health Insurance was one over the individual mandate. Basically the Big Insurers argued that if they were forced to carry new policyholders at a loss, this would undermine their viable business model. They needed some concessions, e.g., some subsidies from the government and/or government sending more business (e.g., of more profitable young, healthier policyholders) their way, i.e., an insurance mandate. [To some extent, government did some of its share of the market by expanding Medicaid, whose costs have traditionally been split between the federal and state government. I don't think the government wanted Big Insurance to cherry-pick the healthiest risks and leave them with the most costly ones. That's part of the rationale for Statists pushing nationalized heath care.]

The mandate has been unpopular for obvious reasons. In terms of my own example above, I was willing to purchase stripped-down insurance for sharing the risk of major medical expenses. But health insurance had morphed into bundled heath care services, including costly benefits not even relevant. I was in effect paying almost as much for (largely unused) insurance as for rent. In a real free market, I would be able to pick and choose relevant coverage. But paternalist Statists have rules on what types of health insurance qualify for the market. So even though I was covering my own health expenses, because it wasn't going through an approved insurance company's plan, the government was penalizing me. To many of us pro-liberty folks, that is an unconstitutional direct tax which defies the construct of a federal government with enumerated powers. Health insurance appears nowhere in the Constitution (in fact, its origins seem to have emerged in the 1920's (according to Google). I would also add generally speaking healthcare has traditionally been regulated by the states under the Tenth Amendment.

What does all this have to do with Judge Barrett? Well, even though the bill and Obama himself referred to it as a penalty, not a tax, the Administration on the appeal to SCOTUS sought a strategy of defending it under Congress' broad tax authority. Chief Justice Roberts, the swing vote, basically agreed. This is patently absurd on its face. The purpose of a tax is to generate revenue for government. The purpose of a penalty is compel compliance, i.e., ideally no government revenue. There is no relevant transaction, e.g., the purchase of something, an income event, etc. Instead, what's being taxed is a non-event, and there're an infinite number of non-events.

So here's what I think has got the pro-ACA Dems in revolt in a commentary on libertarian legal expert Randy Barnett's Our Republican Constitution (I am in much agreement with Barnett's views, particularly in opposition to judicial restraint on tyranny of the majority):

In NFIB v. Sebelius, the inspiration for Barnett’s book, Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute. He construed the penalty imposed on those without health insurance as a tax, which permitted him to sustain the statute as a valid exercise of the taxing power; had he treated the payment as the statute did—as a penalty—he would have had to invalidate the statute as lying beyond Congress’s commerce power....
Barnett is surely right that deference to a democratic majority should not supersede a judge’s duty to apply clear text...a judge who adopts an interpretation inconsistent with the text fails to enforce the statute that commanded majority support. If the majority did not enact a “tax,” interpreting the statute to impose a tax lacks democratic legitimacy.
So Barrett here is criticizing Chief Justice Roberts for calling a penalty a tax despite plain text in the bill. SCOTUS has focused on the Commerce Clause on applying to commercial activity, not inactivity. And so, in essence, the 2017 tax reform included a Trojan horse that killed the "tax" Chief Justice Roberts protected in upholding its constitutionality. The State of Texas filed suit challenging ObamaCare and succeeded at the district and court of appeals; SCOTUS hears this case about a week after the election next month, and the Dems are furious over the prospect of a Justice Barrett being confirmed before the case is heard.

Democrats Grandstanding at Judge Barrett's Expense

Now I haven't read much of Judge Barrett's scholarship (beyond the above excerpt), but if you read her full essay, you will find her views more nuanced, detailed and articulate that her opposition would lead you to believe. I believe she would have issues with parts of ObamaCare, but maybe not the whole law.

Nobody disagrees with the goal of availability of health care options for preexisting condition individuals. We differ on the approach; for example, I've hinted you could take a Medicaid type approach where the feds and the states split the costs for high risk pools and the states administer the program. I would like to see regulatory reform enabling new, alternative plans.

I heard the Senate Judiciary Dems basically harping on three points: ObamaCare, abortion, and Trump. They produced numerous moving anecdotal stories how high-cost individuals/families found previously unavailable or cost-prohibitive coverage but available through ObamaCare. They fear-monger on an unlikely reversal of Roe v Wade because Barrett is a pro-life Catholic mother of 7 (never mind the fact that 5 current Justices are Catholic and Roe v Wade survives). Never mind the fact that many practicing Catholic members of Congress as well as Joe Biden have supported abortion access despite reporting being personally opposed to it. Trump has been quoted as say he would never select a jurist who did not support XYZ. Well, Trump is very good at hype, and he knows his judicial nominees are highly popular among his conservative base. But once confirmed, the justice is independent of the President and has a lifetime appointment; take into account, for example, both Gorsuch and Kavanaugh voted against Trump's position on his personal taxes and financial records.

As a teaching fellow and professor, I gave a number of students I didn't necessarily like a good grade; I ended up failing a student at UTEP who was supportive of me. (In the latter case, he failed to turn in computer assignments that were part of his grade; if he needed help, I would have given it to him. But he didn't give me a choice. I didn't fail many students; they usually would drop out early.) But I had a strict code of professional behavior.

Judge Barrett is a highly intelligent, capable, principled jurist who will judge cases on their merit, and the outcomes may not be consistent with his or her personal preferences. Democrats see judges as super-legislators for whom the progressive end justifies the means. The means are subject to the Constitution and its relevant enumerated powers of the Congress. For Judge Barrett, the means are everything; she must be confirmed.