News for July 3 — Why Gender-Affirming Care Bans Fail

Why gender-affirming care bans fail in federal court: https://www.msn.com/en-us/news/us/us-judges-across-country-block-healthcare-bans-for-trans-youngsters/ar-AA1dnjAe?ocid=hpmsn&cvid=caa291cdaac0466abde0df9817b6dc84&ei=16 . While we have regularly reported on this litigation, the summary given here is cogent as to why gender-affirming care bans fail. Specifically, (1) they violate the Equal Protection Clause of the 14th Amendment; (2) they are based on animus, not science; and (3) they serve no state interest. Also, the facts completely undermine this GOP base-pandering legislation.

WSJ: Personal cooling technology: https://www.wsj.com/articles/personal-cooling-technology-1641d754 .

China restricts export of chip manufacturing material: WSJ: https://www.wsj.com/articles/china-restricts-exports-of-two-metals-used-in-high-performance-chips-a649402b . The journey of the global economy to “two axes” accelerates. Leverage gained in this manner will be temporary. More on the “two axes”: US looks to restrict China’s access to cloud computing: https://www.wsj.com/articles/crypto-giant-binance-struggles-in-europe-82154b13 .

WSJ: Binance struggles in Europe: https://www.wsj.com/articles/crypto-giant-binance-struggles-in-europe-82154b13 .

WSJ: The richcession: https://www.wsj.com/articles/the-richcession-keeps-rolling-9a2ba848 . Um, an article like this could only appear in the Journal … high-wage earners generally have more employment opportunities than the lower-paid when they are laid off. They might also be claiming unemployment for a while just to take some extended time off, with partial pay.

Why is the Ukraine counteroffensive moving so slowly?: https://www.cnn.com/2023/07/04/europe/ukraine-counteroffensive-slow-progress-intl/index.html . As readers know, this newsletter pointed out the extensive minefield problem 4 days ago.

AOC: Supreme Court on a power trip: https://www.aol.com/news/student-loan-decision-aoc-says-142459653.html . I agree that the Court is acting as if it is Congress. The American system was based in a set of checks and balances so that no individual, or group of individuals, could control the operation of the government. The 20th Century demonstrated the need for executive action, which led to a more powerful presidency. But the public voted in the president, limited to 2 terms. The unelected 9 justices of the Supreme Court hold life terms. Thus they must act with utmost integrity, or the system is threatened.

Except for their appointment to the Supreme Court, no one would have any interest in the opinions of Justices Alito or Thomas. No one would follow their advice, because they do not command respect. And they certainly have not earned respect, based on their words and actions. Their positions on the Court are basically the Peter Principle on heroin.

Does it matter if the alleged request in the website case did not occur?: https://www.nbcnews.com/politics/supreme-court/sham-customer-likely-didnt-affect-supreme-court-ruling-sex-weddings-ex-rcna92366 . I stand by the analysis provided yesterday. When Gorsuch said no parties challenge standing, he was trying to smooth over a gap in the record that turns out to be an actual gap. That is a problem, and as I noted yesterday, a party’s mistake does not confer jurisdiction on the Court that the Constitution says it does not have. And of course, Neil Katyal, former US Solicitor General, is an expert on the Constitution whereas the lawyers cited in this article clearly are not. UPDATE: And the same goes for Laurence Tribe: https://www.rawstory.com/lorie-smith/ .

FURTHER UPDATE: Others are furious about the “Case or Controversy” problem: https://www.newsweek.com/how-attorneys-supreme-court-lgbtq-case-disbarred-1810520 . And more: https://www.salon.com/2023/07/03/legal-scholars-scotus-cant-be-forced-to-reconsider-made-up-case–but-lawyers-can-be-punished/ . Well, I agree that the Court can’t be “forced” to reconsider this ruling, but it is shameful if they do not.

The main beneficiaries of affirmative action are white women: https://www.aol.com/white-women-benefit-most-affirmative-231042471.html . This is an important point. If you consider that the power holders are predominantly white males, and white women are the only “minority” that outnumbers white men, it becomes clearer why white women have been the primary beneficiaries. We remain a long way away from treating every person equally.

Lawsuit challenges Harvard’s legacy admissions: https://www.cnn.com/2023/07/03/us/harvard-college-legacy-admissions-lawsuit/index.html . Of course these programs primarily benefit the children of white alumni and donors. In this sense they are inherently racially discriminatory. Most colleges and universities have these types of preferences – for one thing, it can be a substantial inducement to donations. However, suppose the elimination of these preferences significantly reduces contributions to the university, raising tuition expense for everyone. How does that figure into the litigation?

Apple’s valuation reaches $3 trillion: https://abcnews.go.com/Business/wireStory/apple-close-becoming-public-company-valued-3-trillion-100548246 . Apple was founded on April 1, 1976 (really, April Fool’s Day), but flirted with bankruptcy in 1997 (21 years in), so it has rebounded to be worth $3 trillion 26 years later. This is primarily due to the iPhone, which contributes over half of its $400 billion in annual sales and debuted in 2007.

While Steve Jobs presided over the company’s major innovations, Tin Cook has presided over the stock valuation explosion, which was $350 billion when he took over from Jobs in 2011. Other reports note that $3 trillion is more than the GDP of France (around $2.9 billion at the end of 2022), the world’s seventh largest economy. While this is apples to oranges (valuation versus production), it is worth noting that France’s population is 68 million, while Apple has 164,000 employees worldwide (tangerines to oranges).

WSJ: Autocracies evolve to center on personalities: https://www.wsj.com/articles/what-makes-putin-and-the-worlds-autocrats-so-resilient-b89c19de . Great danger lies in the current direction of the GOP.

WSJ: US gamble to accelerate green energy: https://www.wsj.com/articles/green-energy-climate-loans-49fda73b .

George Soros’ foundation realigns, will reduce headcount 40%: WSJ: https://www.wsj.com/articles/soros-foundation-to-cut-staff-by-40-2947451a .

WSJ: A personal history of Carlos Santana: https://www.wsj.com/articles/for-carlos-santana-a-passion-for-rock-began-as-a-walk-in-the-park-ef1a49cd . If you ever have the chance to see Santana in person, take it. And get up close. I was in the eighth row at his Portland concert (pre-pandemic). Seeing the details of how the band plays and their facial expressions added a great deal.