The Hound of the Hall
Happy Vernal Equinox! Subjective Spring started weeks ago here, but today we reach the real event. As you can see, at least one of us is celebrating.
The officer who handcuffed them is recorded on camera warning members of the media that their First Amendment rights could be terminated. "Your First Amendment rights can be terminated if you're creating a scene or whatever," the officer said. When asked how they were creating a scene, the officer said, "Your presence is creating a scene."From the District of Columbia:
HR 347 was recently signed into law by President Obama. This statute had wide support amongst both parties of Congress. In essence, it criminalizes disruptive behavior upon government grounds, at specially designated national events (Super Bowl, nominating conventions, etc.) and anywhere that Secret Service is protecting “any” person.Since all of the presidential candidates are now receiving Secret Service protection, that means no "disruptive behavior" anywhere near anywhere that anyone running for president might be speaking.
The issue is so clearly one of violating the First Amendment that I am unable to find any common ground with anyone who doesn’t see that. We have nothing to say to each other on this topic. And their belief either that this does not violate the First Amendment or that violating the First Amendment is acceptable is so inexplicable that we don’t really have anything to say to each other about anything else related to the Constitution or governance in general.
Furthermore, it doesn’t matter how this situation comes out. Even if the Administration backs off completely on the contraception mandate for all employers, it’s too late. Even if the Supreme Court rules that the mandate is unconstitutional, it’s too late. That a President of the United States believes it is acceptable to simply ignore the First Amendment is a sea change in our form of government. Perhaps if the Administration had established this mandate and every single person and institution other than President Obama and Secretary Sebelius had screamed bloody murder, I could believe that we had, in a moment of national inattention, elected as President one of the only two people in the United States who consider the Bill of Rights irrelevant. But that wasn’t the case; Obama and Sebelius’ attitude toward the Constitution is clearly so widespread that there is no going back.
I believe everyone has the right to marry, regardless of sexual preference. For some people being alone is what feels most natural. Shouldn't they too be entitled to tax breaks?Sure, why not? And this way no one will ever interfere with their right to visit their spouse in the hospital.


Here are some I admire.Information saturation means attention, not information, becomes a scarce resource.
Power flows to credible messengers.
Asymmetrical credibility matters.The first point is independent; the second two are related. Attention is the scarce resource: thus, the speaker who can command attention is the minter of the coin of the realm.
• A prison-cell upgrade: $90 a night. In Santa Ana, California, and some other cities, nonviolent offenders can pay for a clean, quiet jail cell, without any non-paying prisoners to disturb them.Why not other things?
...
• The right to immigrate to the United States: $500,000. Foreigners who invest $500,000 and create at least 10 full-time jobs in an area of high unemployment are eligible for a green card that entitles them to permanent residency.
When we decide that certain goods may be bought and sold, we decide, at least implicitly, that it is appropriate to treat them as commodities, as instruments of profit and use. But not all goods are properly valued in this way. The most obvious example is human beings. Slavery was appalling because it treated human beings as a commodity, to be bought and sold at auction. Such treatment fails to value human beings as persons, worthy of dignity and respect; it sees them as instruments of gain and objects of use.There are some weak points in the overall argument, and some examples that don't strike me as being a strong as the author suggests. However, his summation seems quite right to me.
In hopes of avoiding sectarian strife, we often insist that citizens leave their moral and spiritual convictions behind when they enter the public square. But the reluctance to admit arguments about the good life into politics has had an unanticipated consequence.... [Market reasoning] empties public life of moral argument. Part of the appeal of markets is that they don’t pass judgment on the preferences they satisfy...
This nonjudgmental stance toward values lies at the heart of market reasoning, and explains much of its appeal. But our reluctance to engage in moral and spiritual argument, together with our embrace of markets, has exacted a heavy price: it has drained public discourse of moral and civic energy, and contributed to the technocratic, managerial politics afflicting many societies today.
A debate about the moral limits of markets would enable us to decide, as a society, where markets serve the public good and where they do not belong.This could be seen as anti-conservative, insofar as support for market-based models is a core feature of current conservative thinking. Or, it could be seen as profoundly conservative, insofar as support for traditional and religious insight into deeper issues of the human condition is a bedrock feature of conservatism.
For centuries, my predecessors and I have been inculcated with what has come to be called the “Hippocratic Ethic.” This tradition holds that I am ethically required to use the best of my knowledge to recommend to my patient what I consider to be in my patient’s best interests—without regard to the interests of the third-party payer, or the government, or anyone else.
But gradually the medical profession has been forced to give up this approach for what I like to call a “veterinary ethic,” one that places the interests of the payer (or owner) ahead of the patient. For example, when a pet owner is told by a veterinarian that the pet has a very serious medical condition requiring extremely costly surgery or other therapy, the veterinarian presents the pet’s owner with one or more options—from attempt at cure, to palliation, to euthanasia—with the associated costs, and then follows the wishes of the owner.
The Department of Health and Human Services this month issued a final rule regarding the exchanges required under the Patient Protection and Affordable Care Act (PPACA). The rule provides for taxpayer funding of insurance coverage that includes elective abortion through a direct abortion subsidy.
To comply with the accounting requirement, plans will collect a separate $1 abortion surcharge from each premium payer. As described in the rule, the surcharge can only be disclosed to the enrollee at the time of enrollment, and insurance plans may only advertise the total cost of the premiums without disclosing the abortion surcharge.H/t D29, who also links the actual rule. My favorite part of it is the part where HHS asked for public comments:
A large number of commenters offered feedback on proposed §156.280... We considered the comments received on this section, and are finalizing the provisions of proposed §156.280 without modification....Well, naturally.
On Jan. 31 of this year, DOJ granted the industry's call for a clarification: But it was not the answer they wanted. All 300,000 public pools in the United States must install a permanent fixed lift. The deadline for compliance is tomorrow, March 15....
There is no way all 300,000 pools can install permanent lifts by Thursday. There simply are not enough lifts in existence or enough people who know how to install them, according to industry spokesmen. Plus, each lift costs between $3,000 and $10,000 and installation can add $5,000 to $10,000 to the total.
So what happens tomorrow when a disabled individual checks into a Holiday Inn and finds no lift at the pool? The Obama DOJ has said it will not be enforcing the new guidelines right away. That means no fines from the government, for now.
But the ADA also empowered citizens to sue businesses that are not in compliance with DOJ guidelines. The result will be a huge payday for enterprising trial lawyers everywhere.Officially, the Constitution empowers Congress to issue letters of marque and reprisal. Maybe we're now issuing them to trial lawyers, for use against American citizens.

