Affirmative action, democracy & the Supreme Court by Glenn Harlan Reynolds

https://newcriterion.com/issues/2022/10/affiramtive-action-democracy-the-supreme-court

On the consequences of racial preferences.

We live, allegedly, in a democracy of sorts. While it is not a plebiscitary democracy, in which every issue is put directly to the people, but rather a representative democracy, it is nonetheless supposed to be a system in which things that the populace wants generally get done, and in which things that the populace doesn’t want done aren’t. It has probably not escaped your notice that this is not a particularly accurate description of our society today.

In fact, one of the most striking things today is the extent to which things that are popular with the political class, but unpopular with the mass of voters, somehow become national priorities nonetheless. By large margins voters in America (and pretty much every other country) are opposed to mass immigration; elites, on the other hand, are very much in favor. Likewise, affirmative action, whether in employment, judicial appointments, or college admissions, is very unpopular, and yet it is the norm today, though sometimes thinly disguised. And, of course, the trans-rights movement, thanks to which female athletes have to compete against biological males, has been very much a top-down phenomenon, not one that arose because the masses demanded it.

Well, the masses are not always right, though I would have thought that the point of our system of government was to ensure, within constitutional limits, that they generally get what they want and are spared things they dislike. As noted, that’s not the case. But why?

In short, the source is what’s known as a principal/agent problem. In a representative democracy, governing isn’t done by the people, who in our system are the principals, but rather by their agents: presidents, members of Congress, judges, and, of course, the vast unelected bureaucracy. But these agents tend to do what they want, rather than what their principals desire.

In the field of corporate finance, this is known as the separation of ownership from control. In a sole proprietorship, the owner also controls the business. In a corporation, not so much. Shareholders own the company, but management effectively controls it. Management is supposed to act entirely and exclusively for shareholders’ benefit, not its own, but in practice managers are often more concerned with their own welfare than with increasing shareholder wealth. In theory, the board of directors, elected by shareholders, ensures that management does what it is supposed to do. In actuality, boards are more likely to be an arm of management than a fierce protector of shareholders. So you get fat salaries and limited consequences for failure, along with freedom for management to subordinate profit to posturing that gains managers social points in their own milieu.

From Affirmative Action to Andy Warhol: Buckle up for a Wild Supreme Court Term Jonathan Turley

https://jonathanturley.org/2022/10/03/from-affirmative-action-to-andy-warhol-buckle-up-for-a-wild-supreme-court-term/

Justice Ruth Bader Ginsburg once said, “It’s hard not to have a big year at the Supreme Court.” That is, of course, manifestly true for the highest court in the land.

Some years are bigger than others, however. That certainly was the case in 2021-22, with historic decisions on abortion, gun rights, climate change and other issues.

On Monday, the new term will begin with a lineup that promises another historic series of rulings — and even greater levels of rage directed at the court.

The last term showed that a stable 6-3 majority has taken hold on the  court. Even with the addition this term of Justice Ketanji Onyika Brown Jackson, and possible swing votes from Chief Justice John Roberts or others, there are five conservative justices who have brought clarity to long-contested areas characterized by 5-4 divisions. That is likely to continue this term.

Here are just two of the “matinee” cases that could have a huge impact on both precedent and politics:

Students for Fair Admissions v. President & Fellows of Harvard College

This case on the use of race in college admissions will be heard with a similar case in Students for Fair Admissions v. University of North Carolina.

Since declaring affirmative action in admissions to be unconstitutional in 1978 in Regents of the University of California v. Bakke, the court has never achieved clarity on the constitutional use of race beyond barring any preference “for no reason other than race or ethnic origin.” Then-Justice Lewis Powell declared, “This the Constitution forbids,” but the court has been unable to say with any coherence and consistency what else it forbids in a line of conflicting and vague 5-4 rulings.

Cyprus’s ‘State of Emergency’: Turkey’s ‘Weaponization’ of Illegal Mass Migration by Uzay Bulut

https://www.gatestoneinstitute.org/18909/cyprus-turkey-migration

The Cypriot government says that Turkey is orchestrating this illegal immigration crisis, as most migrants coming to Cyprus travel from Turkey. They reportedly fly from Istanbul or Ankara to the Turkish-occupied north of Cyprus, are then smuggled to the free, southern part of the Republic of Cyprus, and from there, under EU law, can apply for asylum.

On September 11 of this year, the EU recognized the instrumentalization or “weaponization” of migration by Turkey….

In 1974, Turkey invaded the Republic of Cyprus and forcibly displaced the indigenous Greek Cypriots from the north in a violent ethnic cleansing campaign, accompanied by murders, rapes, forced disappearances and other atrocities.

Since then, Turkey has implemented policies meant to erase the Hellenic identity and civilization of occupied northern Cyprus.

More financial support or migrant housing centers are not the solution to the illegal immigration crisis in Cyprus. The unending number of illegal migrants are apparently intended to outnumber and replace the indigenous Cypriots. Cyprus suffers from both illegal Turkish occupation and the mass illegal migration.

“This year… We had 4,250 births so far, as opposed to 12,000 migrant arrivals. This is not happening anywhere else in the European Union.” — Costas Constantinou, director general of Cypriot Interior Ministry, Cyprus Mail, July 5, 2022.

What the Republic of Cyprus appears to need is an end to the illegal Turkish military occupation and an end to the EU’s appeasement of Turkey.

“Turkey, which illegally occupies one third of our country, is exploiting immigration to change the demography of the island for political purposes…. Many argue that the time has come when the Cypriot government should follow the example of Denmark, Poland, Greece or Hungary to stop this ongoing nightmare.” — Savvas Iacovides, veteran Cypriot journalist, to Gatestone, September 2022.

The Republic of Cyprus, 36% of which is illegally occupied by Turkey, is increasingly struggling with a massive wave of illegal migration from Turkey, the Middle East and Africa.

Cyprus now has the highest number of asylum applications per capita of any EU country. Nearly 5% of the island population, according to the country’s officials, is now made up of asylum seekers.

Needed: A New Monroe Doctrine to Confront China’s Aggression by Lawrence Kadish

https://www.gatestoneinstitute.org/18961/china-monroe-doctrine

The Chinese have proved in word and deed their intent to dominate the rest of the 21st Century.

Unlike like the gruesome tactics of Vladimir Putin, the Chinese apparently seek to the acquire that global position without the need to fire a shot. Nuclear weapons in their arsenal? No question. A strong military? Yes, with a navy that has a significant ability to challenge our Pacific fleet. Space exploration? They are already there. Digital dominance? Well on their way, with the ability to monitor the thoughts, comments, and opinions of over one billion citizens.

But is their economy with which they seek to relegate the United States to a second-rate world power — with their knowledge that it was a bankrupt economy that ultimately dismantled the Soviet Union.

The latest insight into their strategy for unassailable global dominance comes from the sea and it has little to do with their new aircraft carrier or deep diving submarines. Rather, it has to do with fish.

The New York Times has published an exhaustive study of China’s fishing industry, describing it as “a global fishing operation unmatched by any other country.” The intensity, scope, and proximity of their fishing fleets to the waters off the Americas prompted the Times to observe, “The scale has raised alarms about the harm to the local economies and the environment, as well as the commercial sustainability of tuna, squid and other species.”

A New Tall Tale for the Winter: ‘Europe Is a Victim of the Americans’ by Drieu Godefridi

https://www.gatestoneinstitute.org/18952/europe-energy-victim

In this thesis [by Andrew Korybko, a ‘Moscow-based analyst’ financed by Russia’s autocratic government], which charges Europe with being the victim of an American plot, everything is false.

The truth is that Europe is a victim only of itself.

It was not the Americans who destroyed the German, French or Belgian nuclear capabilities.

It was not the Americans who banned the exploitation of shale gas in Europe.

The truth is that Europe has destroyed much of its ability to supply itself with natural gas.

Is it not high time for Europeans finally to face up to their responsibilities?

A common line of argument between Russian state propaganda and American conspiracy circles is proliferating these days, namely: the war in Ukraine was allegedly fomented by the Americans to destroy Europe.

For example, the American conspiracy website Revolver News easily refers to the geostrategic considerations of a leading expert on the war in Ukraine, Andrew Korybko. Incidentally, Korybko is also a ‘Moscow-based analyst’ financed by Russia’s autocratic government: a mere detail.

In this thesis, which charges Europe with being the victim of an American plot, everything is false. It is a childish and disempowering falsehood — which makes it attractive to unquestioning minds.

The truth is that Europe is a victim only of itself.

It was not the Americans who destroyed the German, French or Belgian nuclear capabilities.

It was not the Americans who banned the exploitation of shale gas in Europe. The founder and president of Center for Industrial Progress, Alex Epstein, explains:

Iranian Mullahs Target Women, the West; Palestinians Target Jews by Bassam Tawil

https://www.gatestoneinstitute.org/18951/palestinians-iran-target-women-jews

This latest wave of terrorism is the direct result of the massive campaign of incitement against Israel and Jews by many Palestinians, including those belonging to the Palestinian Authority headed by President Mahmoud Abbas.

Palestinians have already made it clear that their true goal is to replace Israel, not live alongside it. The plan is to replace Israel with a fundamentalist Islamist state, controlled by the mullahs in Iran, who have no compunctions about beating an Iranian woman to death for not covering her hair.

If Iran’s mullahs are committing such atrocities against their own people, it is not hard to imagine what they will do to their much-hated enemies… Iranian missiles, eventually with nuclear warheads, are clearly being developed not just for Israel.

Consider the “new Axis of Evil,” Russia and Iran, complete with Iranian drones now being used by Russia against Ukraine. Imagine if those drones were, instead, nuclear-tipped ballistic missiles from Iran — especially as Russia will reportedly be in charge of Iran’s “compliance” and “excess” enriched uranium. An Iran with nuclear weapons would doubtless be a most welcome addition to Russia’s proxy arsenal.

The Biden administration would be doing a great service to Jews and Arabs alike by calling out the Palestinians for their continued campaign of incitement to violence against Jews.

In the past few years, the Palestinians have made it a habit to step up their manufactured incitement against Israel and Jews on the eve of Jewish holidays. This year has not been an exception.

In the days preceding the Jewish New Year holiday, celebrated in mid-September, Palestinian leaders, spokesmen and factions went on a frenzied campaign of threats, lies and misinformation that triggered a wave of violence and terrorism against Jews.

Air Force Academy Woes Highlight Collapse of Military Values Under Diversity Mania By Fletch Daniels

https://www.americanthinker.com/articles/2022/10/air_force_academy_woes_highlight_collapse_of_military_values_under_diversity_mania.html

Other than a well-fought win over rival Navy, the United States Air Force Academy had a terrible, horrible, no good, very bad week. 

First, came the story that the Academy gave diversity training to cadets encouraging them to stop using such patently offensive words as mom and dad.  This was followed up closely by a story that the Academy was promoting a fellowship that was open to just about everyone, but straight white men need not apply.  Finally, the school that used to be underpinned by its notable lack of tolerance for lying, cheating or stealing was put on two-years probation by the NCAA, complete with a rather long list of punishments, for apparently cheating at recruiting.

What ties these three stories together is the complete breakdown of values at the school, which are reflective of the breakdown in values across the military.

Both my wife and I graduated from USAFA in the 1990s.  At the time, the school’s values were integrity, service, and excellence.  Cadets were encouraged to put their classmates and country ahead of themselves.  Even the smallest lie or anything that could be construed as cheating, to include poorly documented homework, was a one-way ticket home.   

Those values have been turned upside down in the school’s commitment to the military’s new value system of diversity above all.  For the Air Force-Navy game, the Falcons wore their new uniforms honoring the Space Force. Semper Supra, which means always above, was displayed prominently where names are normally shown.  The motto is somewhat ironic since in today’s military, that’s where diversity and inclusion rank in the priority list, always above and eclipsing everything else.  All other values are subservient to it. 

While the element of the diversity training that suggested cadets should refrain from using words like mom and dad got most of the attention, the bigger problem is the overall philosophy that pits people into tribes and places the individual over the group.  We are now suggesting that we should be conscious of color and “value people for their uniqueness.” 

Biden Administration’s Manipulated Energy Policy Demonstrates Ignorance of History We could end up being heavily dependent on China, which of course, like Russia, would absolutely use energy policy for leverage.By Ned Ryun

https://amgreatness.com/2022/10/03/biden-administrations-manipulated-energy-policy-demonstrates-ignorance-of-history/

Consumed, as they have been, with the work of pushing revisionist woke ideology in the schools, it seems the Left missed the lesson that those who don’t know history are doomed to repeat it. They’ve learned nothing from the past, not even the recent past. 

Yet here we are, looking at the possibility we could repeat the same mistakes Europe made in the late 90s and early 2000s when they failed to realize the real motivations behind the green energy propaganda they were being spoon fed as truth.  

Back in the early 2000s, Russia did a phenomenal job with a disinformation campaign pushing anti-fracking in Europe. We know this because NATO admitted that this “green energy” advocacy was funded by the very people who stood to gain from the enacted policies: Anders Fogh Rasmussen, secretary-general of the North American Treaty Organization (NATO) announced in 2014 that “I have met with allies who can report that Russia, as part of their sophisticated information and disinformation operations, engaged actively with so-called non-government organizations—environmental organizations working against shale gas—to maintain European dependence on imported Russian [natural] gas.”

The result was many European nations, like Germany, buying environmental propaganda—hook, line, and sinker—and committing to a fool’s errand of net zero and renewables. Since 2000, Germany will have spent several decades and almost $600 billion on what they have termed Energiewende, which is a complete and utter failure on every front.

Now the Germans, and other Europeans, are heavily dependent on Russian fossil fuels that are being used as a weapon against them. With winter quickly approaching, it’s guaranteed they’re not laughing anymore at Trump’s warnings about being dependent on Russian energy. They are, in fact, staring at the horrifying results of being played by Putin when they could have been energy independent if only they had made the right decisions just a few decades ago. But they didn’t and here they are being hit upside the head by the 2×4 of reality.

Kamala’s Pernicious Plan for Hurricane Relief Distribute relief based on race and class, not solely on the basis of need by Joseph Klein

http://www.ruthfullyyours.com/wp-admin/post-new.php

Hurricane Ian caused untold damage to Floridians. It destroyed virtually everything in its path after coming ashore in the Fort Meyers area as a Category 4 hurricane. Lives were lost. Homes were destroyed. Hundreds of thousands of people are still without electricity. The hurricane did not discriminate by race, ethnicity, or gender. Everyone in its path was affected.

Nevertheless, Vice President Kamala Harris proclaimed, in the name of “equity,” that “communities of color” and low-income communities should be given priority in receiving hurricane relief.

“I know we are all thinking about the families in Florida and Puerto Rico with [Hurricane] Fiona and what we need to do to help them in terms of an immediate response and aid,” Vice President Harris said at the Democratic National Committee’s Women’s Leadership Forum on September 30th. “We have to address this in a way that is about giving resources based on equity, understanding that we fight for equality, but we also need to fight for equity. Understanding not everyone starts out at the same place, and if we want people to be in an equal place, sometimes we have to take into account those disparities.”

Sadanand Dhume, a senior fellow at the American Enterprise Institute, delivered this derisive retort: “If a hurricane hits a state, we should expect the government to help all those affected: black, brown white, purple, green. And there’s no such thing as ‘communities of color.’ Real people don’t talk like this.”

The Biden administration talks just like this. Indeed, Vice President Harris’s referral to “equity” as the guiding policy directing hurricane relief assistance follows President Biden’s Executive Order 13985 that he issued on his first day in office, entitled “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.”

Never Let a Devastating Natural Disaster Go To Waste The exploitation will never stop. by David Harsanyi

https://www.frontpagemag.com/never-let-a-devastating-natural-disaster-go-to-waste/

Be prepared for Democrats to exploit the devastation of Hurricane Ian to peddle de-modernization. And because there is no conclusive way for anyone to prove that global warming isn’t triggering every natural disaster — and because nature offers a continuous flow of these terrifying events and always will — the exploitation will never stop.

The effort began in earnest after 2005’s Hurricane Katrina, a Category 3 hurricane that devastated an unprepared New Orleans. There was Al Gore, with his grade-school “science” charts and cartoonish satellite images (water, the color of fire!), emotionally manipulating audiences with images of destruction and suffering. The problem was that “An Inconvenient Truth” suggested — among numerous other dire predictions that would never come to pass — that climate change had not only caused Katrina, despite negligible warming, but that it portended the dawn of an age of shocking and intense hurricanes.

After 2005, Florida didn’t get hit with another hurricane until 2016 and Louisiana didn’t see a major one until 2020 (also the fault of climate change.) It is debatable that storms that do make landfall do so with more intensity or that Category 3-plus hurricanes are increasing. Overall, the frequency of hurricanes has slightly declined since 1900. From 1851-1860, 19 hurricanes made landfall in the United States. From 2011-2020, 19 hurricanes made landfall in the United States. The average per decade between 1860-2011 is about 18. In the decade of 1941-1950, 10 major hurricanes hit the United States.

“Hurricane Ian gets nasty quickly, turbocharged by warm water,” explains the Associated Press, which has been true since the first hurricane formed. More “climate havoc,” says The New York Times, as Ian threatens to hit the same exact places that storms have always hit. Today’s media simply can’t report on any flood or tornado or hurricane or brain-eating amoeba without making it about their favorite policy hobby horse. It just feels like things are worse, you know?