Steven Calabresi Now Says Trump Excluded from the 14th

This is a large “Sploosh” as a Part Three to the question of Trump’s ability to be on the ballot for the 2024 election. In my Part Two  dated Sept 7th, based on a great couple readings that: “I see nothing in the 14th Amendment including the President or Vice President in the outcome. In fact, I see language excluding them.” (Also Part One is worth reading through as well.)

The guy who popularized the article noted by the #NeverTrumpers and the Left is the co-founder of The Federalist Society, Steven Calabresi. And when he came out in support of by a couple Federalist legal scholars [as well as some Leftist scholars], the Left and said #NeverTrumpers were quick to memorialize it:

THE NATIONAL PULSE nails it with this link fested post!

Steven Calabresi – the law professor who co-founded the conservative Federalist Society legal organization – has conceded that Section 3 of the 14th Amendment does not in fact bar former President Donald Trump from the presidential ballot, despite claiming in a much-hyped op-ed from August that this was the case.

The Northwestern University law professor had been an outspoken proponent of the legal theory that Trump was barred from running for office on the grounds that he incited an insurrection on January 6th, 2021 – in violation of a Civil War era constitutional provision. It’s an initially floated by law professors William Baude and Michael Stokes Paulsen, with Calabresi quickly popularizing it.

[….]

The three men were originally in agreement that “an officer of the United States” included individuals elected as either President or Vice-President. However, Calabresi now says he believes that the President and Vice-President are not, due to “a technicality in the drafting of the disqualification clause of Section 3 of the 14th Amendment”, “officers” – that term being reserved for positions appointed by the President, rather than the President himself.

Additionally he concedes the events of January 6th do not constitute an ‘insurrection’. Calabresi credits former U.S. Attorney General Michael Mukasey with changing his mind.

New Hampshire Secretary of State David Scanlan has already rejected calls to disqualify Trump, via the 14th Amendment, from the state’s ballot.

The VOLOKH CONSPIRACY notes the change of mind: “Calabresi now agrees with Tillman that the President is not an “Officer of the United States.” And YAHOO NEWS also notes that last week professor Calabresi made an about-face

  • In a letter to The Wall Street Journal, he said he had been persuaded by an opinion article in that newspaper that the provision — Section 3 of the 14th Amendment — did not apply to Trump.

So I wanted to help out the #NeverTrumpers and pre-empt their correcting themselves:

Here is the WALL STREET JOURNAL “quick clip” by Professor Calabresi:

Former U.S. Attorney General Michael Mukasey’s op-ed “Was Trump ‘an Officer of the United States’?” (Sept. 8) has caused me to change my mind about an argument that I have had with Prof. Seth Barrett Tillman for 25 years. Mr. Mukasey is right: Looked at in the context of the Disqualification Clause of the 14th Amendment, the president is neither an “officer of the United States,” nor, obviously, a “member of Congress.” That must be why the Constitution prescribes a separate oath for the president.

As a result, former President Donald Trump isn’t covered by the Disqualification Clause, and he is eligible to be on the ballot in the 2024 presidential election. I am correcting the public record on this important issue by sending you this letter.

Prof. Steven G. Calabresi

Northwestern Law School

VOLOKH continues:

  • Last week, former Attorney General Michael Mukasey wrote an op-ed in the Wall Street Journal. He contended that the President is not an “Officer of the United States.” Many of Mukasey’s arguments track a 2021 article that Seth and I wrote in the NYU Journal of Law & Liberty. Long-time readers may remember that Tillman persuaded Mukasey on this issue back in 2015. (This issue also came up with the Mar-A-Lago raid.)

Here is key point from that WALL STREET JOURNAL article:

Was Trump ‘an Officer of the United States’?

A careful look at the 14th Amendment’s Insurrection Clause shows that it doesn’t apply to him.

….A good deal of attention has focused thus far on whether the attack on the Capitol on Jan. 6, 2021, was an “insurrection or rebellion” and, if so, whether Mr. Trump “engaged” in it. Those questions, however, need not be answered until two preliminary questions of law are addressed: Is the presidency an “office . . . under the United States,” and was the presidential oath Mr. Trump swore on Jan. 20, 2016, to support the Constitution taken “as an officer of the United States”?

The latter question is easier. The use of the term “officer of the United States” in other constitutional provisions shows that it refers only to appointed officials, not to elected ones. In U.S. v. Mouat (1888), the Supreme Court ruled that “unless a person in the service of the government . . . holds his place by virtue of an appointment . . ., he is not, strictly speaking, an officer of the United States.” Chief Justice John Roberts reiterated the point in Free Enterprise Fund v. Public Company Accounting Oversight Board (2010): “The people do not vote for the ‘Officers of the United States.’ ”

Article VI of the Constitution provides that senators and representatives “and all executive and judicial Officers . . . of the United States” take an oath to support the Constitution. But the presidential oath is separately provided for at the end of Article II, Section 1, which would be superfluous if the president’s oath were required by the general language in Article VI. Mr. Trump took an oath as president pursuant to Article II, not as an officer pursuant to Article VI. Because the Insurrection Clause applies only to those who have taken an oath “as an officer of the United States,” he can’t be barred by that clause from serving in any capacity.

As for the former question, the language disqualifying a rebel from holding “any office . . . under the United States” follows the language disqualifying the rebel from office as “Senator or Representative in Congress, or elector of President and Vice President.” If “any office . . . under the United States” is broad enough to cover the president, it is certainly broad enough to cover senators, representatives and perhaps electors. Such a reading would make reference to those specific offices superfluous.

[….]

As for the former question, the language disqualifying a rebel from holding “any office . . . under the United States” follows the language disqualifying the rebel from office as “Senator or Representative in Congress, or elector of President and Vice President.” If “any office . . . under the United States” is broad enough to cover the president, it is certainly broad enough to cover senators, representatives and perhaps electors. Such a reading would make reference to those specific offices superfluous.

Is it plausible that the authors of the 14th Amendment specified senators, representatives and electors but meant to include the presidency and vice presidency under the general term “any office . . . under the United States”? Note that the term is “any office,” not “any other office,” which implies that the positions listed before it aren’t “offices under the United States,” because they are elected not appointed.

But that conclusion is uncertain. The phrase “office under the United States” appears four other times in the body of the Constitution, at least two of which—one barring officeholders from accepting a foreign title or emolument, and one barring anyone impeached and convicted from holding such an office—may well apply to an elected official, including the president. Also, if a holder of an “office under the United States” meant the same thing as “Officer of the United States,” why weren’t the same words used to specify it?

That may be puzzling, but as applied to Mr. Trump it is irrelevant, because—again—he didn’t take and thus didn’t violate an oath as an “Officer of the United States,” and so cannot be barred by the 14th Amendment from seeking re-election.

Even a criminal conviction wouldn’t bar him from seeking and winning the presidency. The Constitution specifies only that a person seeking that office be at least 35, a natural-born citizen and a 14-year U.S. resident. If Mr. Trump is to be kept from office, it will have to be done the old-fashioned way, the way it was done in 2020—by defeating him in an election.

Mr. Mukasey served as U.S. attorney general, 2007-09, and as a U.S. district judge, 1988-2006.

How Feds ‘Skirted’ Constitution to Censor Content Online

See my previous post on this topic:

REASON-TV

These two shorter video clips are taken from a longer conversation with Stanford’s Jay Bhattacharya and New Civil Liberties Alliance senior counsel John Vechionne.

By focusing their sights on government actors instead of private companies under their boot, the Missouri v. Biden plaintiffs have chosen exactly the right target.

YouTube removed this March 2021 roundtable organized by Florida governor Ron DeSantis because of the views Bhattacharya and others expressed about masking children in school. Was this part of an illegal censorship campaign, as a lawsuit in federal court alleges?

JOHN SOLOMON

(Oct 1, 2022) “Anyone who’s concerned about free speech… this ought to scare you.” John Solomon joins Dr. Gina with his report on a private group that worked with the government to submit requests for censorship online during the 2020 election AND THEY’RE DOING IT AGAIN!

WALL STREET JOURNAL

The WALL STREET JOURNAL writes about the ruling as well:

  • 5th Circuit finds Biden White House, CDC likely violated First Amendment — The three judge panel found that contacts with tech companies by officials from the White House, the surgeon general’s office, the CDC and the FBI likely amounted to coercion

The U.S. Court of Appeals for the 5th Circuit on Friday ruled that the Biden White House, top government health officials and the FBI likely violated the First Amendment by improperly influencing tech companies’ decisions to remove or suppress posts on the coronavirus and elections.

The decision, written unanimously by three judges nominated by Republican presidents, was likely to be seen as victory for conservatives who have long argued that social media platforms’ content moderation efforts restrict their free speech rights. But some advocates also said the ruling was an improvement over a temporary injunction U.S. District Judge Terry A. Doughty issued July 4.

David Greene, an attorney with the Electronic Frontier Foundation, said the new injunction was “a thousand times better” than what Doughty, an appointee of former president Trump, had ordered originally.

Doughty’s decision had affected a wide range of government departments and agencies, and imposed 10 specific prohibitions on government officials. The appeals court threw out nine of those and modified the 10th to limit it to efforts to “coerce or significantly encourage social-media companies to remove, delete, suppress, or reduce, including through altering their algorithms, posted social-media content containing protected free speech.”
The 5th Circuit panel also limited the government institutions affected by its ruling to the White House, the surgeon general’s office, the Centers for Disease Control and Prevention and the FBI. It removed restrictions Doughty had imposed on the departments of State, Homeland Security and Health and Human Services and on agencies including the U.S. Census Bureau, the National Institute of Allergy and Infectious Diseases, and the Cybersecurity and Infrastructure Security Agency. The 5th Circuit found that those agencies had not coerced the social media companies to moderate their sites.

Read the 5th Circuit’s ruling

The judges wrote that the White House likely “coerced the platforms to make their moderation decisions by way of intimidating messages and threats of adverse consequences.” They also found the White House “significantly encouraged the platforms’ decisions by commandeering their decision-making processes, both in violation of the First Amendment.”

A White House spokesperson said in a statement that the Justice Department was “reviewing” the decision and evaluating its options.
“This Administration has promoted responsible actions to protect public health, safety, and security when confronted by challenges like a deadly pandemic and foreign attacks on our elections,” the White House official said. “Our consistent view remains that social media platforms have a critical responsibility to take account of the effects their platforms are having on the American people, but make independent choices about the information they present.”

The decision, by Judges Edith Brown Clement, Don R. Willett and Jennifer Walker Elrod, is likely to have a wide-ranging impact on how the federal government communicates with the public and the social media companies about key public health issues and the 2024 election.

The case is the most successful salvo to date in a growing conservative legal and political effort to limit coordination between the federal government and tech platforms. This case and recent probes in the Republican-controlled House of Representatives have accused government officials of actively colluding with platforms to influence public discourse, in an evolution of long-running allegations that liberal employees inside tech companies favor Democrats when making decisions about what posts are removed or limited online.

The appeals court judges found that pressure from the White House and the CDC affected how social media platforms handled posts about covid-19 in 2021, as the Biden administration sought to encourage the public to obtain vaccinations.

The judges detail multiple emails and statements from White House officials that they say show escalating threats and pressure on the social media companies to address covid misinformation. The judges say that the officials “were not shy in their requests,” calling for posts to be removed “ASAP” and appearing “persistent and angry.” The judges detailed a particularly contentious period in July of 2021, which reached a boiling point when President Biden accused Facebook of “killing people.”

“We find, like the district court, that the officials’ communications — reading them in ‘context, not in isolation’ — were on-the-whole intimidating,” the judges wrote.
The judges also zeroed in on the FBI’s communications with tech platforms in the run-up to the 2020 elections, which included regular meetings with the tech companies. The judges wrote that the FBI’s activities were “not limited to purely foreign threats,” citing instances where the law enforcement agency “targeted” posts that originated inside the United States, including some that stated incorrect poll hours or mail-in voting procedures.

The judges said in their rulings that the platforms changed their policies based on the FBI briefings, citing updates to their terms of service about handling of hacked materials, following warnings of state-sponsored “hack and dump” operations.

[….]

The 5th Circuit ruling reversed Doughty’s order specifically enjoining the actions of leaders at DHS, HHS and other agencies, saying many of those individuals “were permissibly exercising government speech.”

“That distinction is important because the state-action doctrine is vitally important to our Nation’s operation — by distinguishing between the state and the People, it promotes ‘a robust sphere of individual liberty,’” the 5th Circuit judges wrote.

Yet Friday’s order still applies to a wide range of individuals working across the government, specifically naming 14 White House officials, including five who are no longer in office. The order specifically names Surgeon General Vivek H. Murthy and another member of his office, three CDC staffers and two FBI officials, including the head of the foreign influence task force and the lead agent of its cyber investigative task force in San Francisco.

White House press secretary Karine Jean-Pierre is among the White House officials named.

Stanford Law School professor Daphne Keller said the 5th Circuit’s ruling appeared to allow “a lot of normal communications as long as they are not threatening or taking over control of platforms’ content decisions.”

“But it also says they can’t ‘significantly encourage’ platforms to remove lawful content, so the real question is what that means,” she said.

Friday’s decision came in response to a lawsuit brought by Republican attorneys general in Louisiana and Missouri who allege that government officials violated the First Amendment in their efforts to encourage social media companies to address posts that they worried could contribute to vaccine hesitancy during the pandemic or upend elections.

Missouri Attorney General Andrew Bailey celebrated the decision as a victory in a statement.

“The first brick was laid in the wall of separation between tech and state on July 4,” he said. “Today’s ruling is yet another brick.”

ACLJ: WILL END UP IN FRONT OF THE SUPES

ACLJ make the point that it will end up in front of SCOTUS.

We’re celebrating a massive free speech victory as the Fifth Circuit Court of Appeals upheld the ruling that President Joe Biden cannot censor conservatives on social media. We also give an update on our newest legal battle on behalf of Charlie Kirk and Turning Point USA against digital censorship. We must not allow the Biden Administration to interfere in future elections as it did with President Donald Trump in the 2020 presidential election by censoring the Hunter Biden laptop story. 

“Ukraine’s Asymmetric War” (WSJ | Armstrong n Getty)

Armstrong and Getty read from the Wall Street Journal about Ukraine’s success in fighting a more tech-savvy war. Pretty interesting.

Here is the WSJ article, but unlocked:

Ukraine’s Asymmetric War — Moscow has more firepower, but Kyiv is using digital technology better.

Reports from Ukraine are filled with stories of Javelin antitank missiles and Turkish Bayraktar TB2 unmanned aerial vehicles taking out Russian tanks and armored vehicles. The Biden administration has announced $800 million in defensive weapons for Ukraine, including Javelins, Stinger antiaircraft weapons and Switchblade drones. More amazing is what Ukraine has also been doing on the cheap. And I don’t mean Molotov cocktails.

Wars are increasingly asymmetric—the lesser-armed side can put up a strong fight. The U.S. learned this in Iraq with insurgent use of improvised explosive devices, basically roadside bombs triggered with cellphones. Similarly, Ukraine has been deploying inexpensive, almost homemade weapons and using technology to its advantage.

The Times of London reports that Ukraine is using $2,000 commercial octocopter drones, modified with thermal imagers and antitank grenades, to find and attack Russian tanks hiding between homes in villages at night. Ukraine’s Aerorozvidka, its aerial reconnaissance team, has 50 squads of drone pilots who need solid internet connections to operate.

When the internet was cut in Syria in 2013, enterprising techies set up point-to-point Wi-Fi connections to bring internet access from across the border in Turkey. You can do this with Pringles potato-chip cans and $50 off-the-shelf Wi-Fi routers. Ukraine may be spared this ad hoc setup as

Elon Musk and his firm Starlink have donated thousands of satellite internet-access terminals to Ukraine, including to the Aerorozvidka squads, which come with warnings to camouflage the antennas. They typically cost $499 each and $99 a month for service.

Ukraine also effectively jammed Russia’s long-in-the-tooth wireless military-communication technology, which apparently uses a single-frequency channel to operate. Former Central Intelligence Agency Director

David Petraeus told CNN that Russians were then forced to use cellphones to communicate until Ukraine blocked the +7 country code for Russia and eventually took down 3G services that Russia uses for secure connections. Russian soldiers were forced to steal Ukrainian cellphones to communicate with one another. That’s no way to fight a war.

Ukraine also has taken advantage of crowdsourcing. The Journal told the story of Russian tanks that would fire on the city of Voznesensk and then back up a few hundred yards to avoid return fire. Civilians and Territorial Defense volunteers would then message the tanks’ new coordinates via the Viber social-messaging app.

The propaganda war is also being fought on the cheap, from President Volodymyr Zelensky’s Zoom call with the U.S. Congress to Ukraine’s work spreading news inside Russia. The Russians have blocked Facebook and Twitter, independent media has been shut down, and on Russian television no one is allowed to say “invasion” or “war.” But no country can completely filter and firewall real news. The Telegram and WhatsApp messaging apps encrypt their communications. Ukraine has begun using facial recognition to identify killed and captured Russian soldiers, even contacting their families and posting their photos on Telegram channels. Twitter now is using a service to disguise its origin and restore service to Russian users.

Most surprisingly, after much hype and many warnings, Russian cyberwarfare has been deemed fairly ineffective. Hours before the invasion, someone, presumably the Russians, launched a Trojan.Killdisk attack, disk-wiping malware that hit Ukrainian government and financial system computers and took down Parliament’s website. Cyberattack tracking firm Netscout called the attack “modest.” A Ukrainian newspaper then released a file with details on 120,000 Russian soldiers, including names, addresses, phone and passport numbers. Where the information came from is unknown.

But we have a hint. Ukraine is filled with smart coders, and the government set up an “IT Army of Ukraine” Telegram channel to coordinate digital attacks on Russian military digital systems. As many as 400,000 have volunteered so far. An officer of the Ukraine State Service of Special Communications said they were engaged in “cyber-resistance.” This digital flash mob has taken down Russian websites, though I doubt we will ever fully know the damage it may have inflicted. This is definitely a social-network-influenced conflict.

In the fog of war, stories and disinformation swirl. Most are impossible to verify. I’ve heard of foreign volunteers swarming to Ukraine who then post photos on Instagram. Both Facebook and Instagram strip GPS location coordinates from smartphone photos, but they allow these volunteers to tag nearby locations, potentially giving away refugees’ hiding places. These could be targeted by Russian missiles and may have been the reason the Mariupol theater was destroyed.

New technology for use in commerce often emerges after the smoke of battle clears. World War I produced tanks, field radios and improved airplanes. World War II brought radar, penicillin, nuclear power, synthetic rubber, Jeeps and even duct tape. What we are seeing in Ukraine is the asymmetric power of pervasive inexpensive commercial technology, especially citizen-empowering social networks and crowdsourcing. So far these tools have been altering the war’s outcome. Welcome to 21st-century warfare.

As Russian invasion continues, Makariv may be small in size, but it has big strategic value as it blocks Russia’s armed forces from encircling Kyiv. Ukrainian volunteer fighters use drones in the area for reconnaissance that can be used by Ukrainian artillery units to strike back.

Footage out of Ukraine shows the impressive accuracy and timing of an air-to-ground anti personnel operation by means of a quadcopter dropping a small point-detonating explosive.

Delusions of Gender | Matt Walsh (WSJ Article Added)

There’s no doubt about it, the Left has transformed gender from a biological fact into an ideological opinion, but how did we get to this point? Why is everything the Left tells you about gender wrong?

Daily Wire’s Matt Walsh dispels the Left’s delusions of gender during a special event from The University of Texas at Austin. This event is part of Young America’s Foundation’s Robert and Patricia Herbold Lecture Series.

YAF makes every effort to host in-person campus events. Unfortunately, administrators at the University of Texas at Austin limited attendance to only 99 for this event.

Here is an excellent WALL STREET JOURNAL article (via TOP TECH SOLUTIONS):

‘What are your pronouns?” is a seemingly innocuous question that has become increasingly common. Pronouns are now frequently displayed prominently in social-media bios, email signatures and conference name tags. Vice President

Kamala Harris

features “she/her” pronouns in her

Twitter

bio, and Transportation Secretary

Pete Buttigieg

includes “he/him” in his. Then there are the singular “they/them” pronouns used by “nonbinary” people who identify as neither male nor female, as well as a growing list of bespoke “neopronouns” such as “ze/zir” or “fae/faer,” and the even stranger “noun-self” neopronouns like “bun/bunself” which, according to the

New York Times,

are identities that can encompass animals and fantasy characters.

A recent survey of 40,000 “lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) youth” in the U.S. found that a full 25% use pronouns other than she/her and he/him exclusively. The Human Rights Campaign, which claims to be the “nation’s largest LGBTQ+ civil rights organization,” recently tweeted that we should all begin conversations with “Hi, my pronouns are __________. What are yours?” We are told that asking for, sharing and respecting pronouns is “inclusive” to trans and nonbinary people, and that failing to do so may even constitute violence and oppression.

If this all sounds confusing and makes you uncomfortable for reasons you find difficult to articulate, you’re not alone. While being subjected to constant rituals of pronoun exchanges may seem silly or annoying at best and exhausting at worst, in reality participating in this ostensibly benign practice helps to normalize a regressive ideology that is inflicting enormous harm on society. To understand why, you’ll need to familiarize yourself with its core tenets.

Proponents of gender ideology have completely decoupled the terms “man,” “woman,” “boy” and “girl” from biological sex. Gender ideology teaches that the terms “man/boy” and “woman/girl”—and their corresponding “he/his” and “she/her” pronouns—refer to a person’s gender identity, while “male” and “female” refer to biological sex. While you may define a woman as a female human adult, gender ideology contends that a “woman” is an adult of either sex who simply “identifies” as a woman.

But what does it mean to “identify” as a man or woman?

Gender activists believe that being a man or a woman requires embracing stereotypes of masculinity or femininity, respectively, or the different social roles and expectations society imposes on people because of their sex. Planned Parenthood explicitly states that gender identity is “how you feel inside,” defines “gender” as a “a social and legal status, a set of expectations from society, about behaviors, characteristics, and thoughts,” and asserts that “it’s more about how you’re expected to act, because of your sex.”

A recent New York Times piece refers to “men, women and gender nonconforming people,” as though gender nonconformity were incompatible with being a man or a woman. According to the Genderbread Person, a popular educational tool for teaching young children about gender identity, the properties of “man-ness” and “woman-ness” include certain stereotypical “personality traits, jobs, hobbies, likes, dislikes, roles, [and] expectations.”

The clear message of gender ideology is that, if you’re a female who doesn’t “identify with” the social roles and stereotypes of femininity, then you’re not a woman; if you’re a male who similarly rejects the social roles and stereotypes of masculinity, then you’re not a man. Instead, you’re considered either transgender or nonbinary, and Planned Parenthood assures you that “there are medical treatments you can use to help your body better reflect who you are.” According to this line of thinking, certain personalities, behaviors and preferences are incompatible with certain types of anatomy.

So when someone asks for your pronouns, and you respond with “she/her,” even though you may be communicating the simple fact that you’re female, a gender ideologue would interpret this as an admission that you embrace femininity and the social roles and expectations associated with being female. While women’s-rights movements fought for decades to decouple womanhood from rigid stereotypes and social roles, modern gender ideology has melded them back together.

Coercing people into publicly stating their pronouns in the name of “inclusion” is a Trojan horse that empowers gender ideology and expands its reach. It is the thin end of the gender activists’ wedge designed to normalize their worldview. Participating in pronoun rituals makes you complicit in gender ideology’s regressive belief system, thereby legitimizing it. Far from an innocuous act signaling support for inclusion, it serves as an implicit endorsement of gender ideology and all of its radical tenets.

Let me offer an analogy. Consider the Human Rights Campaign urging people to begin conversations with “Hi, my pronouns are ________. What are yours?” Now imagine a similar request from the American Federation of Astrologers encouraging everyone to begin conversations with, “Hi, I’m a Sagittarius. What’s your sign?” To respond with your own star sign would be to operate within and signal your tacit agreement with the belief system of astrology. If you reject astrology and respond to the question with “I don’t have a sign,” the reply might be “Of course you do! When were you born?” But that’s a completely different question.

Similarly, if you reject gender ideology’s claim that men and women are defined by their willful adherence to masculine and feminine roles and stereotypes, and so refuse to answer a request for pronouns, your interlocutor might say, “We all have pronouns! Do you identify as a man or a woman?” But because that concept of man and woman is nothing like yours, stating pronouns will only further normalize the ritual and validate a radical worldview.

The redefining of “man,” “woman,” “boy” and “girl” around sex-related stereotypes has serious real-world implications. The rejection of these stereotypes is now commonly viewed as a medical condition (gender dysphoria) to be treated with puberty blockers (for children), cross-sex hormones and surgeries that result in permanent sterility and consign patients to a lifetime of medical bills. The redefinition is also threatening the safety of women in prisons, as well as compromising the safety, fairness and dignity of women and girls in sports, as males who simply “identify” as girls or women are allowed access to these protected spaces.

The effort to resist gender ideology is reality’s last stand. We simply can’t ignore fundamental realities of our biology and expect positive outcomes for society. Pronoun rituals are extremely effective at normalizing and institutionalizing the abolition of biological sex in favor of gender identity. These rituals take advantage of people’s confusion and compassion to achieve compliance. But the time for politeness has long passed. The only proper response to the question “What are your pronouns?” is to reject the premise and refuse to answer.

Mr. Wright, an evolutionary biologist, is managing editor of Quillette.

 

 

Coercion Made the Pandemic Worse (WSJ + AIER)

I wanted to make sure this WALL STREET JOURNAL article was saved in my feed (Hat-tip to Todd A):

Freedom is the central component of the best problem-solving system ever devised.

By David R. Henderson and Charles L. Hooper

The online Merriam-Webster dictionary defines “anti-vaxxer” as “a person who opposes the use of vaccines or regulations mandating vaccination.” Where does that leave us? We both strongly favor vaccination against Covid-19; one of us (Mr. Hooper) has spent years working and consulting for vaccine manufacturers. But we strongly oppose government vaccine mandates. If you’re crazy about Hondas but don’t think the government should force everyone to buy a Honda, are you “anti-Honda”?

The people at Merriam-Webster are blurring the distinction between choice and coercion, and that’s not merely semantics. If we accept that the difference between choice and coercion is insignificant, we will be led easily to advocate policies that require a large amount of coercion. Coercive solutions deprive us of freedom and the responsibility that goes with it. Freedom is intrinsically valuable; it is also the central component of the best problem-solving system ever devised.

Free choice relies on persuasion. It recognizes that you are an important participant with key information, problem-solving abilities and rights. Any solution that is adopted, therefore, must be designed to help you and others. Coercion is used when persuasion has failed or is teetering in that direction—or when you are raw material for someone else’s grand plans, however ill-conceived.

Authoritarian governmental approaches hamper problem-solving abilities. They typically involve one-size-fits-all solutions like travel bans and mask mandates. Once governments adopt coercive policies, power-hungry bureaucrats often spout an official party line and suppress dissent, no matter the evidence, and impose further sanctions to punish those who don’t fall in line. Once coercion is set in motion, it’s hard to backtrack.

Consider Australia, until recently a relatively free country. Its Northern Territory has a Covid quarantine camp in Howard Springs where law-abiding citizens can be forcibly sent if they have been exposed to a SARS-CoV-2-positive person or have traveled internationally or between states, even without evidence of exposure. A 26-year-old Australian citizen, Hayley Hodgson, was detained at the camp after she was exposed to someone later found to be positive. Despite three negative tests and no positive ones, she was held in a small enclosed area for 14 days and fed once a day. Even the U.S. Centers for Disease Control and Prevention says quarantine can end after seven days with negative tests. Why didn’t the government let her quarantine at home? And why doesn’t it exempt or treat differently people who can prove prior vaccination or natural infection?

Although U.S. authorities haven’t gone nearly that far, early in the pandemic the Food and Drug Administration used its coercive power to discourage the development of diagnostic tests for Covid-19. The FDA required private labs wanting to develop tests to submit special paperwork to get approval that it had never required for other diagnostic tests. That, in combination with the CDC’s claims that it had enough testing capacity, meant that testing necessitated the use of a CDC test later determined to be so defective that it found the coronavirus in laboratory-grade water.

With voluntary approaches, we get the benefit of millions of people around the world actively trying to solve problems and make our lives better. We get high-quality vaccines from BioNTech/ Pfizer, Johnson & Johnson and Moderna, instead of the suspect vaccines from the governments of Cuba and Russia. We get good diagnostic tests from Thermo Fisher Scientific instead of the defective CDC one. We get promising therapeutics such as Pfizer’s Paxlovid and Merck’s molnupiravir.

With authoritarian approaches, we get solutions that meet the requirements of those in power, regardless of how we benefit. Consider this hypothetical example:

Policy A ends with 1,000 Covid-19 cases, 5,000 people who have completely lost their liberty for two weeks, 1,000 lost jobs, and 300 missed key family events, such as the funeral of a loved one.

Policy B ends with 1,020 Covid-19 cases, 4,000 who have lost some of their liberty for one week, 1,000 who have completely lost their liberty for two weeks, 300 lost jobs, and 100 missed family events.

The government may prefer Policy A because it is focused on one aspect of the problem. You might prefer Policy B because many aspects of life matter to you—not only coronavirus cases—and B is much better on the other dimensions. But your preferences don’t count.

With coercive solutions, you’ll often deal with an official who will absolve himself of responsibility by pinning the rule on those giving the orders. With voluntary solutions, if it doesn’t make sense, we usually don’t do it. And therein lies one of the greatest protections we have to ensure that the solution isn’t worse than the problem.

The supposed trump card of those who favor coercion is externalities: One person’s behavior can put another at risk. But that’s only half the story. The other half is that we choose how much risk we accept. If some customers at a store exhibit risky behavior, then we can vaccinate, wear masks, keep our distance, shop at quieter times, or avoid the store.

Economists understand how one person can impose a cost on another. But it takes two to tango, and it’s generally more efficient if the person who can change his behavior with the lower cost changes how he behaves. In other words, to perform a proper evaluation of policies to deal with externalities, we must consider the responses available to both parties. Many people, including economists, ignore this insight.

By what principle do we throw out the playbook of the more successful country, ours, and adopt one from less successful, more authoritarian countries? The authoritarian playbook has serious built-in weaknesses, while solutions based on free choice have obvious and not-so-obvious strengths. Freedom is beneficial in good times; it’s even more crucial in challenging times.


Mr. Henderson is a research fellow with the Hoover Institution at Stanford University. He was senior health economist with President Reagan’s Council of Economic Advisers. Mr. Hooper is author of “Should the FDA Reject Itself?” and president of Objective Insights, whose clients include pharmaceutical companies.


AIER Bonus


A Perfect Storm of Incentives

It is not yet clear whether history will remember the 2020s more for an outbreak of a deadly virus, or for an outbreak of mass psychosis. No doubt, both were at play, the former because the virus was novel and deadly, the latter because we had no idea how much so. In March of 2020, the World Health Organization estimated Covid’s case fatality rate to be over 3 percent. Some outlets reported case fatality rates above 10 percent. By comparison, the case fatality rate for the common flu is a mere fraction of a percent.

But the early information ranged from sketchy to biased. In the early days, the number of Covid tests was limited, so physicians only tested those who were sick enough to show up at hospitals. This skewed the early data toward showing Covid as being deadlier than it actually was. With no randomized testing, the actual lethality was impossible to know. 

This bias interacted with the media and politicians’ incentives to create a perfect storm of incentives. The media had an incentive to repeat the worst fatality projections and to play down the bias behind the projections because bad news attracts viewers, and viewers attract advertising dollars. Heavy media coverage of the worst Covid projections alarmed voters, and that forced politicians to respond. But the politicians’ incentives were skewed toward a heavy-handed response.

[….]

By late 2020, it became clear that early case fatality rates were overstated, but it was too late for politicians to change course. A feedback loop had ensued wherein the media sold advertising by spotlighting the Covid danger. This made people fearful, and the people pushed politicians to act. Politicians acted and then hid the potential error of unnecessary lockdowns by emphasizing the danger of Covid. This gave the media more material to spotlight and more advertising to sell. Social media then jumped into the fray by anointing itself the arbiter of what was and wasn’t “misinformation.” But social media was as motivated as the mainstream media to attract eyeballs and sell advertising, and so anything that contradicted the official line on Covid was deemed “misinformation.”

The result was mass psychosis in which people’s behaviors toward the real threat of Covid became inconsistent with their behaviors toward other real threats. 

[….]

As with all things, lockdowns do not come without tradeoffs. Some people died of cancer, kidney disease, and other non-Covid causes because they were afraid to go to hospitals out of fear of contracting Covid. In Canada, cancer screening was suspended so that hospital resources could be devoted to Covid care. Early estimates show up to a 10 percent increase in cancer deaths as a consequence. In the US in the early days of Covid, there was a 30 percent decline in the number of people seeking initial treatment for kidney disease.

At the start of the pandemic, calls to suicide hotlines spiked across the country, as did instances of domestic violence. The Centers for Disease Control estimates that the total number of deaths in the US was 450,000 larger than it should have been in 2020. That 360,000 of those were directly due to Covid means that the remaining 90,000 were due to Covid only indirectly or due to the lockdowns themselves.

In addition to the lockdowns costing lives, we expended unprecedented resources maintaining them. These came initially in the form of unemployment and business closures, and later in the form of supply chain problems and inflation and higher taxes to pay for massive stimulus spending. In late 2020, economists estimated that, provided it ended by the fall of 2021, the pandemic will cost the United States around $16 trillion over the next decade. That’s around $40 million for every life saved. 

But how many more lives might we have saved had we done something different with those resources? Around 660,000 people die each year of heart disease in the US. The National Institutes of Health spends around $5 billion each year researching cures for cardiovascular diseases. Americans spend another $330 billion each year for hospitalization, home health care, medication, and lost productivity associated with cardiovascular diseases.

Suppose that, over the next decade, it turns out that the 2020-21 lockdown saved a total of 1.1 million US lives (including people who may have contracted Covid in 2020-21 but died over the subsequent decade from lingering complications). This is three times the 370,000 the lockdown appears to have saved in 2020 alone. We will have spent $16 trillion in direct costs and lost productivity to save those 1.1 million people. But, over the same decade, 6.6 million people will have died of cardiovascular diseases. To save them, we will have spent $3.3 trillion. We are dedicating one-fifth the resources to fighting a disease that kills six times the number of people. That makes no sense.

Of course, Covid and cardiovascular diseases are very different in that heart disease isn’t contagious. And yet, that criticism cuts both ways: because heart disease isn’t contagious, we can’t develop a herd immunity, and so heart disease will remain with us for generations whereas Covid will not.

[….]

As Omicron looms, and as surely as Pi, Rho, and Sigma will follow, voters should meet their fears with reason, view the media with a skeptical eye, and demand that politicians discuss tradeoffs openly and honestly.


Antony Davies is the Milton Friedman Distinguished Fellow at the Foundation for Economic Education, and associate professor of economics at Duquesne University. He has authored Principles of Microeconomics (Cognella), Understanding Statistics (Cato Institute), and Cooperation and Coercion (ISI Books). He has written hundreds of op-eds appearing in, among others, the Wall Street Journal, Los Angeles Times, USA Today, New York Post, Washington Post, New York Daily News, Newsday, US News, and the Houston Chronicle.

The Effectiveness of Ivermectin via The Wall Street Journal

If Ivermectin is effective against Covid and all indications suggest that it is, why aren’t we making it more accessible? Why does the medical establishment dismiss it and even suggest that it’s harmful? Dennis Prager discusses two articles in his monologue. One from The Wall Street Journal, the other from Slate:

  • Why Is the FDA Attacking a Safe, Effective Drug? (WSJ)
  • The Noble Lies of COVID-19 (SLATE)

The Slate article deals more with masks.

Via THE WALL STREET JOURNAL’s article, Why Is the FDA Attacking a Safe, Effective Drug?(via The Burning Platform)

Ivermectin is a promising Covid treatment and prophylaxis, but the agency is denigrating it.

The Food and Drug Administration claims to follow the science. So why is it attacking ivermectin, a medication it certified in 1996?

Earlier this year the agency put out a special warning that “you should not use ivermectin to treat or prevent COVID-19.” The FDA’s statement included words and phrases such as “serious harm,” “hospitalized,” “dangerous,” “very dangerous,” “seizures,” “coma and even death” and “highly toxic.” Any reader would think the FDA was warning against poison pills. In fact, the drug is FDA-approved as a safe and effective antiparasitic.

Ivermectin was developed and marketed by Merck & Co. while one of us (Mr. Hooper) worked there years ago. William C. Campbell and Satoshi Omura won the 2015 Nobel Prize for Physiology or Medicine for discovering and developing avermectin, which Mr. Campbell and associates modified to create ivermectin.

Ivermectin is on the World Health Organization’s List of Essential Medicines. Merck has donated four billion doses to prevent river blindness and other diseases in Africa and other places where parasites are common. A group of 10 doctors who call themselves the Front Line Covid-19 Critical Care Alliance have said ivermectin is “one of the safest, low-cost, and widely available drugs in the history of medicine.”

Ivermectin fights 21 viruses, including SARS-CoV-2, the cause of Covid-19. A single dose reduced the viral load of SARS-CoV-2 in cells by 99.8% in 24 hours and 99.98% in 48 hours, according to a June 2020 study published in the journal Antiviral Research.

Some 70 clinical trials are evaluating the use of ivermectin for treating Covid-19. The statistically significant evidence suggests that it is safe and works for both treating and preventing the disease.

In 115 patients with Covid-19 who received a single dose of ivermectin, none developed pneumonia or cardiovascular complications, while 11.4% of those in the control group did. Fewer ivermectin patients developed respiratory distress (2.6% vs. 15.8%); fewer required oxygen (9.6% vs. 45.9%); fewer required antibiotics (15.7% vs. 60.2%); and fewer entered intensive care (0.1% vs. 8.3%). Ivermectin-treated patients tested negative faster, in four days instead of 15, and stayed in the hospital nine days on average instead of 15. Ivermectin patients experienced 13.3% mortality compared with 24.5% in the control group.

Moreover, the drug can help prevent Covid-19. One 2020 article in Biochemical and Biophysical Research Communications looked at what happened after the drug was given to family members of confirmed Covid-19 patients. Less than 8% became infected, versus 58.4% of those untreated. Among 200 healthcare workers and others at high risk of exposure, only 2% of those given ivermectin developed Covid-19. But 10% of the control group did.

Despite the FDA’s claims, ivermectin is safe at approved doses. Out of four billion doses administered since 1998, there have been only 28 cases of serious neurological adverse events, according to an article published this year in the American Journal of Therapeutics. The same study found that ivermectin has been used safely in pregnant women, children and infants.

If the FDA were driven by science and evidence, it would give an emergency-use authorization for ivermectin for Covid-19. Instead, the FDA asserts without evidence that ivermectin is dangerous.

At the bottom of the FDA’s warning against ivermectin is this statement: “Meanwhile, effective ways to limit the spread of COVID-19 continue to be to wear your mask, stay at least 6 feet from others who don’t live with you, wash hands frequently, and avoid crowds.” Is this based on the kinds of double-blind studies that the FDA requires for drug approvals? No.

Mr. Henderson, a research fellow with the Hoover Institution at Stanford University, was senior health economist with President Reagan’s Council of Economic Advisers. Mr. Hooper is president of Objective Insights, a firm that consults with pharmaceutical clients.

Most important in this post is this, WHERE CAN I GET Hydroxychloroquine and Ivermectin? AMERICA’S FRONTLINE DOCTORS has a consultation sign up HERE! See also FLCCC ALLIANCE (Click Pic)

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Ben Shapiro Discusses Vaccines and Kids

Some Covid Fodder (Reason) via Ben Shapiro

This comes by way of THE WALL STREET JOURNAL:

The Flimsy Evidence Behind the CDC’s Push to Vaccinate Children | The agency overcounts Covid hospitalizations and deaths and won’t consider if one shot is sufficient.

A tremendous number of government and private policies affecting kids are based on one number: 335. That is how many children under 18 have died with a Covid diagnosis code in their record, according to the Centers for Disease Control and Prevention. Yet the CDC, which has 21,000 employees, hasn’t researched each death to find out whether Covid caused it or if it involved a pre-existing medical condition.

Without these data, the CDC Advisory Committee on Immunization Practices decided in May that the benefits of two-dose vaccination outweigh the risks for all kids 12 to 15. I’ve written hundreds of peer-reviewed medical studies, and I can think of no journal editor who would accept the claim that 335 deaths resulted from a virus without data to indicate if the virus was incidental or causal, and without an analysis of relevant risk factors such as obesity.

My research team at Johns Hopkins worked with the nonprofit FAIR Health to analyze approximately 48,000 children under 18 diagnosed with Covid in health-insurance data from April to August 2020. Our report found a mortality rate of zero among children without a pre-existing medical condition such as leukemia. If that trend holds, it has significant implications for healthy kids and whether they need two vaccine doses. The National Education Association has been debating whether to urge schools to require vaccination before returning to school in person. How can they or anyone debate the issue without the right data?

Meanwhile, we’ve already seen inflated Covid death numbers in the U.S. revised downward. Last month Alameda County, Calif., reduced its Covid death toll by 25% after state public-health officials insisted that deaths be attributed to Covid only if the virus was a direct or contributing factor.

Organizations and politicians who are eager to get every living American vaccinated are following the CDC without understanding the limitations of the methodology. CDC Director Rochelle Walensky claimed that vaccinating a million adolescent kids would prevent 200 hospitalizations and one death over four months. But the agency’s Covid adolescent hospitalization report, like its death count, doesn’t distinguish on the website whether a child is hospitalized for Covid or with Covid. The subsequent Morbidity and Mortality Weekly Report of that analysis revealed that 45.7% “were hospitalized for reasons that might not have been primarily related” to Covid-19.

Hospitals routinely test patients being admitted for other complaints even if there’s no reason to suspect they have Covid. An asymptomatic child who tests positive after being injured in a bicycle accident would be counted as a “Covid hospitalization.”

The CDC may also be undercapturing data on vaccine complications. The CDC’s risk-benefit analysis for vaccinating all children used rates of complications extrapolated from the Vaccine Adverse Event Reporting System database, known as Vaers, which contains raw, self-reported data that is unverified and likely underreports adverse events. The CDC or the Food and Drug Administration should expeditiously assign doctors to research each of the thousands of vaccine complications reported to Vaers.

Authorities should also consider whether a single-vaccine dose is a safer option for healthy kids. Researchers at Tel Aviv University reported that a single dose of the Pfizer vaccine was 100% effective against infection in kids 12 to 15. Not only has the CDC refused to examine the possibility of a one-dose regimen for minors; Harvard epidemiologist Martin Kulldorff told me he was kicked off the advisory committee working group on Covid-vaccine safety after he expressed a dissenting opinion.

The CDC’s poor performance isn’t limited to kids or vaccine safety. Early in the pandemic the CDC left us all flying blind by not reporting the medical conditions of those who died of Covid. Collecting this information early would have made it easier to protect nursing-home residents and patients with renal failure or diabetes. It took until March 2021 for the CDC to report that 78% of Covid hospitalizations were among overweight or obese patients.

Most striking, the CDC has never systematically collected and reported the No. 1 leading indicator of the pandemic—daily new hospitalizations for Covid sickness. Instead, the CDC offers the lagging indicator of hospitalization for anyone who tests positive for Covid.

The CDC data on natural-immunity rates is similarly disappointing. The CDC reports this measure in fragments on their website, but it’s outdated and some states are listed as having “no data available.” The low priority given to this indicator is consistent with how public-health officials have played down and ignored natural immunity in their drive to get everyone vaccinated.

Given the tremendous resources of the CDC and FDA, which together employ 39,000, these agencies ought to be able to report the statistics needed to make informed policy decisions. If the data are incomplete or flawed, so too will be the decisions derived from them. The vaccine’s benefits may outweigh its risks for healthy kids, but the government shouldn’t try to push that conclusion based on faulty data.

Dr. Makary is a professor at the Johns Hopkins School of Medicine, Bloomberg School of Public Health and Carey Business School. He is author of “The Price We Pay: What Broke American Health Care—and How to Fix It.”

R.R. Reno: “Why I Stopped Hiring Ivy League Graduates”

This comes by way of the WALL STREET JOURNAL:

  • Why I Stopped Hiring Ivy League Graduates — Even those who aren’t woke seem damaged by the experience, and they’re deprived of role models.

I’m not inclined to hire a graduate from one of America’s elite universities. That marks a change. A decade ago I relished the opportunity to employ talented graduates of Princeton, Yale, Harvard and the rest. Today? Not so much.

As a graduate of Haverford College, a fancy school outside Philadelphia, I took interest in the campus uproar there last fall. It concerned “antiblackness” and the “erasure of marginalized voices.” A student strike culminated in an all-college Zoom meeting for undergraduates. The college president and other administrators promised to “listen.” During the meeting, many students displayed a stunning combination of thin-skinned narcissism and naked aggression. The college administrators responded with self-abasing apologies.

Haverford is a progressive hothouse. If students can be traumatized by “insensitivity” on that leafy campus, then they’re unlikely to function as effective team members in an organization that has to deal with everyday realities. And in any event, I don’t want to hire someone who makes inflammatory accusations at the drop of a hat.

Student activists don’t represent the majority of students. But I find myself wondering about the silent acquiescence of most students. They allow themselves to be cowed by charges of racism and other sins. I sympathize. The atmosphere of intimidation in elite higher education is intense. But I don’t want to hire a person well-practiced in remaining silent when it costs something to speak up.

The traditional Islamic world exhibited a modicum of tolerance. Christians and Jews were dhimmi, allowed to exist, but on the condition that they accepted their subordinate role in society. While studying this arrangement, sociologists coined the term “dhimmitude,” which refers to the mentality of those who have internalized their second-class status.

Haverford, like Harvard and other top tier schools, graduates fine young people, no doubt many with well-adjusted personalities and sensible views of the world. But in the past decade, dhimmitude has become widespread. Normal kids at elite universities keep their heads down. Over the course of four years, this can become a subtle but real habit of obeisance, a condition of moral and spiritual surrender.

Some resist. They would seem ideal for my organization, which aims to speak for religious and social conservatives. But even this kind of graduate brings liabilities to the workplace. I’ve met recent Ivy grads with conservative convictions who manifest a form of posttraumatic stress disorder. Others have developed a habit of aggressive counterpunching that is no more appealing in a young employee than the ruthless accusations of the woke.

In recent years, I’ve taken stock of my assumptions about who makes for the best entry-level employee. I have no doubt that Ivy League universities attract smart, talented and ambitious kids. But do these institutions add value? My answer is increasingly negative. Dysfunctional kids are coddled and encouraged to nurture grievances, while normal kids are attacked and educationally abused. Listening to Haverford’s all-college Zoom meeting also made it clear that today’s elite students aren’t going to schools led by courageous adults. Deprived of good role models, they’re less likely to mature into good leaders themselves.

My rule of thumb is to hire from institutions I advise young people to attend. Hillsdale College is at the top of that list, as are quirky small Catholic colleges such as Thomas Aquinas College, Wyoming Catholic College and the University of Dallas. In my experience, graduates from these sorts of places are well-educated. But more important, they’ve been supported and encouraged by their institutions, and they haven’t been deformed by the toxic political correctness that leaders of elite universities have allowed to become dominant.

Large state universities and their satellite schools are also good sources. In my experience, top-performing students at Rutgers are as talented but less self-important than Ivy Leaguers. They’re more likely to accept the authority of those more experienced. This allows for better mentoring, which in turn produces better results over time.

The biggest liability that comes with hiring graduates from places like Haverford and Harvard is that they have been socialized to panic over pseudocrises. Talk of systemic racism and fixation on pronouns inculcate in young people an apocalyptic urgency, a mentality that often disrupts the workplace and encourages navel-gazing about “diversity,” “inclusion” and other ill-defined notions that are far removed from the main work of my organization, which is good writing, good editing and good arguments.

A few years ago a student at an Ivy League school told me, “The first things you learn your freshman year is never to say what you are thinking.” The institution he attended claims to train the world’s future leaders. From what that young man reports, the opposite is true. The school is training future self-censors, which means future followers.

Mr. Reno is editor of First Things.

Biden’s BIG-Government

Here are the two articles mentioned in the below audio by Armstrong and Getty (Hour 1 Thursday, and Hour 3 – same day):

  • America’s Welfare State Is on Borrowed Time — Biden has fully embraced the mad goal of giving 98% of the population lavish benefits at no cost. (WALL STREET JOURNAL | THE RED LINE [no pay wall])
  • Democrats Are Killing the American Dream — Joe Biden’s American Families Plan replaces individual striving with middle class entitlements. (WALL STREET JOURNAL | BLACK REPUBLICAN)

REASON.COM has been on fire as of late:

 

 

The Myth Of American Inequality (Armstrong & Getty)

Armstrong and Getty read from and discuss a bit an article in the WALL STREET JOURNAL entitled: The Myth Of American Inequality. See more via my post titled, “Wealth Inequality in America – Critiques On Inequality” (The below video was the update to that post)

The article is originally found at the WALL STREET JOURNAL, titled:

  • The Truth About Income Inequality: The Census Fails To Account For Taxes And Most Welfare Payments, Painting A Distorted Picture.

Here is the non-paywall article via PECKFORD 42:

Taxes and transfers in the U.S. put its income distribution in line with its large developed peers.

America is the world’s most prosperous large country, but critics often attempt to tarnish that title by claiming income is distributed less equally in the U.S. than in other developed countries. These critics point to data from the Organization for Economic Cooperation and Development, which ranks the U.S. as the least equal of the seven largest developed countries. American progressives often weaponize statistics like these to urge greater redistribution. But the OECD income-distribution comparison is biased because the U.S. underreports its income transfers in comparison to other nations. When the data are adjusted to account for all government programs that transfer income, the U.S. is shown to have an income distribution that aligns closely with its peers.

The OECD measures inequality by determining a country’s “Gini coefficient,” or the proportion of all income that would have to be redistributed to achieve perfect equality. A nation’s Gini coefficient would be 0 if every household had the same amount of disposable income, and it would approach 1 if a single household had all of the disposable income. The current OECD comparison, portrayed by the blue bars in the nearby chart, shows Gini coefficients for the world’s most-developed large countries, ranging from 0.29 in Germany to 0.39 in the U.S.

But there are variations in how each nation reports income. The U.S. deviates significantly from the norm by excluding several large government transfers to low-income households. Inexplicably, the Census Bureau excludes Medicare and Medicaid, which redistribute more than $760 billion a year to the bottom 40% of American households. The data also exclude 93 other federal redistribution programs that annually transfer some $520 billion to low-income households. These include the Children’s Health Insurance Program, Temporary Assistance for Needy Families and the Special Supplemental Nutrition Program for Women, Infants and Children. States and localities directly fund another $310 billion in redistribution programs also excluded from the Census Bureau’s submission.

This means current OECD comparisons omit about $1.6 trillion in annual redistributions to low-income Americans—close to 80% of their total redistribution receipts. This significantly skews the U.S. Gini coefficient. The correct Gini should be 0.32—not 0.39. That puts the U.S. income distribution in the middle of the seven largest developed nations.

Gini scores for other countries in the OECD ranking also might shift with better data: The OECD doesn’t publish transfers by income level for other countries. But the change in income distribution for other countries would likely be less drastic. The poorest fifth of U.S. households receive 84.2% of their disposable income from taxpayer-funded transfers, and the second quintile gets 57.8%. U.S. transfer payments constitute 28.5% of Americans’ disposable income—almost double the 15% reported by the Census Bureau. That’s a bigger share than in all large developed countries other than France, which redistributes 33.1% of its disposable income.

The U.S. also has the most progressive income taxes of its peer group. The top 10% of U.S. households earn about 33.5% of all income, but they pay 45.1% of income taxes, including Social Security and Medicare taxes. Their share of all income-related taxes is 1.35 times as large as their share of income. In Germany, the top 10% pay 1.07 times their share of earnings. The top 10% of French pay 1.1 times their share.

If the top earners pay smaller shares of income taxes in other countries, everybody else pays more. The bottom 90% of German earners pay a share of their nation’s taxes on income 77% larger than that paid by the bottom 90% of Americans. The bottom 90% in France pay nearly double the share their American counterparts pay. Even in Sweden—the supposed progressive utopia—the top 10% of earners pay only 5.9% of gross domestic product in income-related taxes, 22% less than their American peers. The bottom 90% of Swedes pay 16.3% of GDP in taxes on income, 77% more than in the U.S.

Even these numbers understate how progressive the total tax burden is in America. The U.S. has no value-added tax and collects only 35.8% of all tax revenues from non-income-tax sources, the smallest share of any OECD country. Most developed countries have large VATs and collect a far larger share of their state revenue through regressive levies.

When all transfer payments and taxes are counted, the U.S. redistributes a larger share of its disposable income than any country other than France. Relative to the share of income they earn, the share of income taxes paid by America’s high earners is greater than the share of income taxes paid by their peers in any other OECD country. The progressive dream of an America with massive income redistribution and a highly progressive tax system has already come true. To make America even more like Europe, these dreamers will have to redefine middle-income Americans as “rich” and then double their taxes.

Wealth Inequality in America – Critiques On Inequality

(UPDATED w/ Armstrong and Getty [3-24-2021])

Armstrong and Getty read from and discuss a bit an article in the WALL STREET JOURNAL entitled: The myth of American inequality (https://tinyurl.com/ymy5rjz9). Unfortunately the article is behind a pay-wall… but PECKFORD 42 has it for reading.

(UPDATED April 2014 and Today: 12-27-2020)

The below video is a “pop-culture” challenge to an economic principle that if the free-markets are left to choose (free contractual trade for services between people in the supply-and-demand market) would allow the most people to succeed as the innate abilities of people and the market can bare:

Prager University notes that “INEQUALITY IS GOOD”

What if everything you’ve heard about income inequality is wrong? What if it’s actually a good thing for there to be people who are rich and people who aren’t? John Tamny, editor of RealClearMarkets, clarifies one of the big misunderstandings of our time.

If you want a quick dealing with this instead of the more thoughtful look below, here is one excellent quickie:

Politicians and reporters often rail about “the rich getting richer and the poor getting poorer.” In fact, the incomes of poor and middle-income Americans are up 32% since the government began keeping track several decades ago (The Distribution of Household Income [CBO] – PDF). Yes, that increase is adjusted for inflation. Another misleading claim, says Stossel, is the idea that the U.S. “no longer has economic mobility.” But a paper in The Quarterly Journal of Economics found that most people born to the richest fifth of Americans fall out of that bracket within 20 years. (Table 2)) Likewise, most born to the poorest fifth climb to a higher quintile. Some climb all the way to the top.

AEI has a good critique of the video challenge at the top, I will follow this by a video response by Lee Doren:

A video titled Wealth Inequality in America has gone viral on the Internet, it’s up to almost four million views on YouTube. It’s not clear who produced it, and it’s not clear what solution is being proposed to the “problem” of wealth inequality identified in the video. What is clear is that it’s another fallacious, static analysis of wealth distribution that focuses only on abstract, statistical brackets at a given point in time, while completely disregarding the most important point: what is happening to actual flesh-and-blood human beings whose income and wealth change all the time and who are moving among the various abstract statistical brackets from year to year.

In the video above titled “What Wasn’t Said in ‘Wealth Inequality In America,’” Steve Horwitz responds to the Wealth Inequality video and reminds us that the most important issue is not what abstract statistical bracket people fall into in a given year, but rather the degree of income or wealth mobility from year to year. It’s an important point, and one that’s completely overlooked in the viral video.

Thomas Sowell has discussed extensively the issues of static versus dynamic analysis of wealth and income distributions, and income and wealth mobility, and here are some of his quotes as an antidote to the limited, static “analysis” of wealth inequality presented in the viral video:

1. Comparing the top income bracket with the bottom income bracket over a period of years tells you nothing about what is happening to the actual flesh-and-blood human beings who are moving between brackets during those years. Following trends among income brackets over the years creates the illusion of following people over time. But the only way to follow people is to follow people.  Source  

2. Sports statistics are kept in a much more rational way than statistics about political issues. Have you ever seen statistics on what percentage of the home runs over the years have been hit by batters hitting in the .320s versus batters hitting in the .280s or the .340s? Not very likely. Such statistics would make no sense, because different batters are in these brackets from one year to the next. You wouldn’t be comparing  people, you would be comparing abstractions and mistaking those abstractions for people.

But, in politics and in commentaries on political issues, people talk incessantly about how “the top one percent” of income earners are  getting more money or how the “bottom 20 percent” are falling behind. Yet the turnover in income brackets over a decade is at least as great  as the turnover in batting average brackets.  Source  

3. Only by focusing on the income brackets, instead of the actual people moving between those brackets, have the intelligentsia been able to verbally create a “problem” for  which a “solution” is necessary. They have created a powerful vision of  “classes” with “disparities” and “inequities” in income, caused by  “barriers” created by “society.” But the routine rise of millions of  people out of the lowest quintile over time makes a mockery of the  “barriers” assumed by many, if not most, of the intelligentsia.” Source 

4. Most people are not even surprised any more when they hear about someone who came here from Korea or Vietnam with very little money, and very little knowledge of English, who nevertheless persevered and rose in American society. Nor are we surprised when their children excel in school and go on to professional careers. Yet, in utter disregard of such plain facts, so-called “social scientists” do studies which conclude that America is no longer a land of opportunity, and that upward mobility is a “myth.” Source 

5. Most working Americans who were initially in the bottom 20 percent of income-earners, rise out of that bottom 20 percent. More of them end up in the top 20 percent than remain in the bottom 20 percent. People who were initially in the bottom 20 percent in income have had the highest rate of increase in their incomes, while those who were initially in the top 20 percent have had the lowest. This is the direct opposite of the pattern found when following income brackets over time, rather than following individual people. Source 

6. Most of the media publicize what is happening to the statistical brackets — especially that “top one percent” — rather than what is happening to individual people. Source 

Here is Lee’s response (Preserved by me!)

Lee Doren has a passion for public speaking, being the youngest speaker to lecture for the Ronald Reagan Political Lecture Series at Oberlin College. He has given speeches in Annapolis, Maryland on the Bill of Rights and at the U.S. Capitol for the 9/12 March on Washington. He has been invited to lecture at The Cato Institute, The Institute for Energy Research, the Young Britons’ Foundation in the United Kingdom, the State Policy Network and Lehigh University. He has also provided commentary for Fox News, CNN, Reuters, PBS and Air America.

I would recommend the following articles for further reading:


  1. YouTube Wealth Inequality Video Fails to Tell the Whole Story (Policy Mic);
  2. Why Inequality Doesn’T Matter: At Least Not Income Inequality (The Federalist);
  3. Inequality Fallacies: The Left Gets The Facts Wrong On Economic And Racial Disparities (National Review Online);
  4. Income Inequality Deception (Forbes);
  5. Dispelling Myths About Income Inequality (Forbes);
  6. The Five Biggest Myths About Income Inequality (Forbes);
  7. The Income-Inequality Myth: Reports Of Skyrocketing Incomes For The Wealthy And Stagnating Wages For The Rest Are Unfounded (National Review Online);
  8. The American Dream of Income Equality Still Lives (Scientific American);
  9. Debunking The Top Three Myths About Income Inequality (CNBC);
  10. Inequality Myths (CATO).
  11. Five Myths About Economic Inequality In America (CATO)

(This portion can also be found in the “Rich Get Richer/Poor Get Poorer” Mantra.) Larry Elder notes when this “widening” happened the most:

Here are some myth busting to help the layman researcher get more facts to respond to the pop-politics we run-across in our social media lifestyle. Investors Business Daily makes some key points that are hard to ignore:

Income Inequality Rose Most Under President Clinton

But it turns out that the rich actually got poorer under President Bush, and the income gap has been climbing under Obama.

What’s more, the biggest increase in income inequality over the past three decades took place when Democrat Bill Clinton was in the White House.

The wealthiest 5% of U.S. households saw incomes fall 7% after inflation in Bush’s eight years in office, according to an IBD analysis of Census Bureau data. A widely used household income inequality measure, the Gini index, was essentially flat over that span. Another inequality gauge, the Theil index, showed a decline.

In contrast, the Gini index rose — slightly — in Obama’s first two years. Another Census measure of inequality shows it’s climbed 5.7% since he took office.

Meanwhile, during Clinton’s eight years, the wealthiest 5% of American households saw their incomes jump 45% vs. 26% under Reagan. The Gini index shot up 6.7% under Clinton, more than any other president since 1980

[….]

As University of Michigan economist Mark Perry notes, while the income gap has grown since 1979, almost the entire increase occurred before the mid-1990s: “There is absolutely no statistical support for the commonly held view that income inequality has been rising recently.”

A similar analysis found that income inequality has fallen among individuals since the early 1990s, but risen among households due to factors such as more marriages of people with similar education levels and earnings potential.

Others argue that income mobility matters more than equality.

One study found that more than half of the families who started in the lowest income bracket in 1996 had moved to a higher one by 2005. At the other end of the spectrum, more than 57% of families fell out of the top 1%.

…read more…

Another smaller post points out nearly the same:

Busting The 1% Vs. 99% Myth

The left says current levels of income inequality echo the late 1920s and the Gilded Age. They’ve zeroed in on the richest 1%, citing Census Bureau data showing these top earners “grabbing” more income than the bottom 90%.

But the census stats are misleading.

For one, they are a snapshot of income distribution at a single point in time. Yet income is not static. It changes over time. Low-paying jobs from early adulthood give way to better-paying jobs later in life.

And income groups in America are not fixed. There’s no caste system here, really no such thing even as a middle “class.” The poor aren’t stuck in poverty. And the rich don’t enjoy lifetime membership in an exclusive club.

A 2007 Treasury Department study bears this out. Nearly 58% of U.S. households in the lowest-income quintile in 1996 moved to a higher level by 2005. The reverse also held true. Of those households that were in the top 1% in income in 1996, more than 57% dropped to a lower-income group by 2005.

Every day in America, the poor join the ranks of the rich, and the rich fall out of comfort.

So even if income equality is increasing, it does not mean income mobility is decreasing. There is still a great deal of movement in and out of the richest and poorest groups in America.

…read more…

Joe Biden’s Executive Order Purge

Dennis Prager reads a portion of Kimberley Strassel’s WALL STREET JOURNAL article about the tyrannical purge of Hunter Biden’s father. The full article to follow the audio:

Via the WALL STREET JOURNAL:

The “unity” lasted all of a couple of minutes. Then, hours after President Biden pledged in his inaugural address to show “tolerance and humility,” the brass knuckles came out.

One duster was aimed at Peter Robb, general counsel of the National Labor Relations Board. Within minutes of Mr. Biden’s swearing-in, and as the new president told the nation it needed to “be better,” the new White House delivered Mr. Robb an ultimatum: resign by 5 p.m., or be fired.

The general-counsel position is a Senate-confirmed four-year appointment at an independent agency; Mr. Robb had 10 months left in his term. No NLRB general counsel had ever been fired, and the Biden White House provided no cause for the action. Mr. Robb pointed all this out in a return letter and respectfully declined to step down. So Mr. Biden (“we must end this uncivil war”) canned him.

For four years, the media and Democrats cast every action of the Trump administration as something law-breaking or verging on a constitutional crisis. This week’s headlines, by contrast, were a mass media celebration of the return to “normalcy.” Mr. Biden ran on, and won on, a promise to restore norms to Washington.

The Robb firing illustrates the falsehood of both those narratives. For all Mr. Trump’s bad manners, his administration’s actions were largely by the book. Mr. Trump never fired Richard Griffin, Barack Obama’s NLRB general counsel, who served nine months to the end of his term in 2017. For all the talk of Mr. Biden as the embodiment of gentlemanly politics, Democrats have no intention of playing by the rules. They intend to impose an agenda and won’t let a little thing like a 70-year-old precedent, or embarrassment over double standards, get in their way.

The Robb firing is an early indicator of Mr. Biden’s top priorities. Democrats rely on unions to get elected, and unions are therefore first in line to get rewarded. The most effective vehicle for that is the NLRB, which has sweeping power to enforce labor practices on companies across America. Mr. Obama used the NLRB to rig the rules so that unions could dominate workforces.

Mr. Biden nonetheless has a problem. The five-member NLRB currently has three Republicans and one Democrat. Even as Mr. Biden fills the empty position in coming weeks, he still won’t have control—and won’t likely get it until August of this year, when the term of GOP member William Emanuel expires. Mr. Biden is moving to install a powerful general counsel who will block, sabotage or undermine the board’s work until that time.

It is also an early indicator of Mr. Biden’s governing philosophy, which is straight out of the Obama playbook. The last Democratic president was so intent on rewarding labor bosses, he proved willing to break almost anything (including the Constitution) to do it. Mr. Obama was frustrated in 2012 that the Senate wouldn’t rubber-stamp his radical appointments to the NLRB. So in January he named three NLRB members as “recess” appointments. The problem? The Senate wasn’t in recess. The Supreme Court in 2014 unanimously declared those appointments void.

Then there was the Obama acting NLRB general counsel, Lafe Solomon. Even after a lower court in 2013 declared the Obama appointments illegitimate, the NLRB continued to pump out pro-labor decisions. Mr. Solomon explained that these rulings were valid because he held a powerful and “independent” position—“appointed by the President and confirmed by the Senate.” That would be the same “independent” position that Mr. Biden just kneecapped in firing Mr. Robb. The new president can be forgiven for wanting his own people in office, but a little consistency would be nice.

It won’t be forthcoming, because the NLRB will be even more important to Mr. Biden than it was to Mr. Obama, given growing rifts in the labor community. The new president is under massive pressure from the progressive left, including many service unions, to act aggressively on climate. Yet his first-day executive action canceling the Keystone XL pipeline prompted a furious rebuke from blue-collar unions that are set to lose jobs. Mark McManus, general president of the United Association of Union Plumbers and Pipefitters scored Mr. Biden for listening to “the voices of fringe activists instead of union members.”

Control of the NLRB will allow Mr. Biden’ to soothe labor divisions by handing out sweeping rule changes that will benefit unions across the spectrum. Mr. Robb’s firing will likely be only the first of many exercises of raw power, many of which will likely make the Obama NLRB look tame.

The nation will soon be disillusioned. Mr. Biden is likely to continue speaking a lot of pretty words in coming months. What matters are his actions.