“American taxpayers pay to be spied upon. That’s one takeaway from new documents obtained by the American Civil Liberties Union (ACLU), which has been examining how federal agents spent millions to purchase massive troves of cellphone location data and dodge Fourth Amendment requirements.
As part of a lawsuit against the Department of Homeland Security (DHS), the ACLU obtained thousands of previously unreleased records showing how DHS agencies—including Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE)—are purchasing and accessing “huge volumes of people’s cell phone location information quietly extracted from smartphone apps.”
These agencies are “sidestepping our Fourth Amendment right against unreasonable government searches and seizures,” suggests the ACLU.
In 2018, the U.S. Supreme Court held (in Carpenter v. United States) that under the Fourth Amendment, law enforcement must have a warrant before accessing a suspect’s phone location data from cellular service providers. But federal authorities have been getting around this by purchasing aggregated cellphone location data from data broker firms like Venntel and Babel Street. And they’re spending millions of taxpayer dollars doing it.”
“There can be no question that the actions of Russia under Vladimir Putin put the country on the side of autocracy and repression. But the West should be clear-eyed about the ways that Ukraine is, and isn’t, living up to its end of the democracy-and-liberty formulation.
Ukrainian President Volodymyr Zelenskyy has been hailed as a classical liberal hero, the inspirational leader who captured the world’s attention with a series of video messages immediately following the Russian invasion in which he celebrated those who had taken up arms to repel the attack and pleaded with foreign governments to lend a hand. But Zelenskyy has not merely urged his fellow countrymen to follow his lead. With the declaration of martial law in February came a prohibition on male citizens aged 18–60 leaving the country. Then in March, the government combined the country’s national TV stations into a single state-approved broadcast and suspended 11 opposition political parties it described as “pro-Russian.”
With Ukraine scrambling to defend itself against Putin’s lawlessness, the impulse to shut down anyone with Russian sympathies is understandable. But to act on that impulse is to inflict punishment on Ukrainian citizens, including those who voted for the Opposition Platform for Life, which held about 10 percent of seats in Ukraine’s parliament and was the main party challenging Zelenskyy before he disbanded its activities. Ukraine has a large Russian-speaking population, and those who have generally favored maintaining close ties with Russia rather than pursuing greater integration with the European Union have a right to their views, and to representation in government, even at a time of war.
Meanwhile, all Ukrainians have a right to share and access information. There was a disconcerting irony in Biden identifying the country as a combatant on the side of free speech and freedom of the press at the same time its president was clamping down on television stations’ ability to present the news to their viewers as they think appropriate. At least one outlet with ties to a Zelenskyy rival has been excluded from broadcasting on the new national channel, reported NPR this month. Zelenskyy’s office defended the consolidation, reported Reuters at the time, by “citing the importance of a ‘unified information policy,'” a phrase that should be chilling to anyone who values free expression.”
“Tariffs on seafood have hit Alaska in particular, Alaska’s fishing industry generates over $5 billion dollars in economic activity and creates nearly 70,000 jobs in the state, making it a vital lifeline for the state. Over 40 percent of U.S.-caught Alaskan salmon and one-third of all seafood from Alaska is exported to China each year. Much of it is processed in China and then re-imported to the United States for sale in grocery stores.
As the National Fisheries Institute points out, this split processing stream has contributed to rising seafood costs for U.S. consumers, as China’s retaliatory tariffs hit seafood when imported for processing and the original U.S. tariffs hit products upon their return to American shores.”
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“For consumers, meanwhile, these costs are discouraging consumption of fish, according to a February study published by data analytics firms IRI and 210 Analytics. That month alone, sales of frozen seafood products decreased by 9.4 percent, while fresh seafood sales decreased by 12 percent.”
“Known as the Farm Workforce Modernization Act, the measure was sponsored by Reps. Zoe Lofgren (D–Calif.) and Dan Newhouse (R–Wash.) and passed the House twice last year. It aims to improve the immigration mechanics behind the U.S. agricultural workforce, expanding legal pathways available to foreign workers and the domestic farmers who hope to hire them.
The ability to hire more agricultural workers translates into more helping hands for farmers and increased production of goods, which then means fewer food shortages and lower prices at the grocery store.”
“In April, the U.S. Supreme Court voted 5–4 to reinstate an Environmental Protection Agency rule promulgated during the Trump administration that had been vacated by a lower court. Why did the Supreme Court reinstate the rule? The majority offered no explanation. Nor did it technically need to do so. The case, Louisiana v. American Rivers, was decided on an emergency basis. Without receiving merits briefing from the parties and without holding oral arguments, the majority simply granted a motion to stay the lower court’s decision. And that was that.
Critics have dubbed this sort of emergency action the “shadow docket.” It is, in the words of University of Chicago law professor William Baude, “a range of orders and summary decisions that defy [the Court’s] normal procedural regularity.” Foremost among the shadow docket’s foes is Justice Elena Kagan, who dissented in American Rivers, joined by Chief Justice John Roberts and Justices Stephen Breyer and Sonia Sotomayor. “The Court goes astray,” Kagan declared. The emergency docket has become “only another place for merits designations—except made without full briefing and argument.”
Kagan had a point. As George Washington University law professor Richard J. Pierce Jr. put it, “no one can read the opinion unless the court writes it. That is the problem with the shadow docket.” The outcome in American Rivers may have been beautifully reasoned and correctly reached. But we have no way of actually knowing that—let alone of fully judging the outcome for ourselves— because the majority offered zero rationale.”
“You don’t have to believe that the market produces perfect outcomes to understand that government can rarely outperform private enterprise. Political decisions aren’t driven by any market signals, profit motive, or consumer preferences. These decisions are inherently political, suffer from a serious knowledge problem and are mostly untied to any accountability regimes when they fail. Government often proves to be biased against large, successful companies that provide new technology that legislators often don’t understand well but consumers love. This is why government so often fails, and this policy is no exception.”
“These “get off my lawn” conservatives claim to be upholding the principle of local control by arguing that local government officials rather than bureaucrats in far-off Sacramento get to make development decisions. It sounds good in theory given the Jeffersonian concept that the government closest to the people governs best.
The better quotation (actually used by Henry David Thoreau but often misattributed to Thomas Jefferson) is “that government is best which governs the least.” The goal—for those of us who value freedom—isn’t to allow the right government functionary to control us, but to have less government control overall.
Local officials are easier to kick out of office than officials in Sacramento or Washington, D.C., but the locals can be extremely abusive. They know where we live, after all. I’ve reported extensively on California’s defunct redevelopment agencies, and local tyrants would routinely abuse eminent domain under the guise of local control.
“Under S.B. 9, cities are required to approve these lot splits ‘ministerially,’ without any reviews, hearings, conditions, fees or environmental impact reports,” complains my Southern California News Group colleague, Susan Shelley.
Oh, please.
Conservatives have for decades complained about the subjective nature of bureaucratic and public reviews, the evils of the California Environmental Quality Act (CEQA), and excessive fees. Now there’s a law that fixes that, albeit in a limited manner, and they are grabbing their pitchforks.
S.B. 9 and S.B. 10 do not put Sacramento bureaucrats in charge of the locals. Instead, they deregulate certain development decisions, by requiring officials to approve a project “by right” provided it meets all the normal regulations. It eliminates subjectivity and defangs CEQA. Yet this greatly upsets them.”
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“If conservatives seriously believe local control is the trump card, then they should lobby for the repeal of Proposition 13, which is a state-imposed restriction on local governments’ authority to raise property taxes. I find Prop. 13 to be one of the best laws ever passed in this state. They should also oppose Republican efforts at the federal level to limit the ability of blue states to regulate the heck out of us.”
“For nearly 90 years, the Export-Import Bank of the United States has subsidized foreign purchases of goods produced by politically connected American businesses. Now it will start loaning money to U.S. companies that do little or no business overseas.
In April, the Ex-Im Bank’s board of directors voted unanimously to launch a new “Make More in America” initiative aimed at subsidizing American manufacturers instead of their foreign customers. Rather than unwinding and abolishing the Ex-Im Bank, as some fiscal conservatives have been trying to do for years, this new program is likely to further entrench the bank’s role in federal industrial policy.
“This is worse than mission creep,” says Sen. Pat Toomey (R–Pa.), the top Republican on the Senate Banking Committee and a longtime skeptic of the Ex-Im Bank. “There is no reason that taxpayers should have to back domestic financing when we live in a highly developed market economy in which promising businesses have access to capital on competitive terms.”
Toomey submitted a series of questions to Ex-Im Bank President Reta Jo Lewis about the new program. The answers he received are telling.
In response to Toomey’s request for evidence that a new domestic loan program is needed, Lewis wrote that “it is difficult” to identify a financing shortage, noting that “U.S. capital markets are deep and liquid.” Where there are “gaps,” she said, they exist among “non-investment grade or unrated borrowers.”
Applicants for the new loans, Lewis said, “will need to demonstrate that the required financing is not otherwise available from the private sector.” In other words, these loans will go to projects that private capital markets have deemed too risky to finance.
The Ex-Im Bank’s low-interest loans to overseas buyers of American goods have long benefited companies like Boeing, which can undercut foreign competition with the U.S. government’s help. But there is little evidence that the Ex-Im Bank has actually boosted American exports.
From 2014 to 2018, the bank was effectively shut down when conservatives in Congress temporarily suspended its lending authority. American exports nevertheless grew from $2.3 trillion to a then-record $2.5 trillion during that period.
Former President Donald Trump signed a bill reauthorizing the bank in 2018. President Joe Biden now plans to expand its mandate. Having failed to prove its worth in the global marketplace, the Ex-Im Bank will waste taxpayer money here at home.”
“My son was born with severe heartburn and cried constantly—and the baby formula on the shelves only caused him more pain. At the suggestion of our pediatrician, we turned to a European goat milk formula that we hoped could soothe my son’s stomach until he grew out of his condition. But recently our orders were canceled, thanks to the Food and Drug Administration (FDA).
America’s baby formulas are incredibly standardized. The FDA claims that that’s safer, but those regulations mean that most formulas have multiple ingredients that could be allergens or irritants. Milk-based formulas in the U.S. also have soy ingredients like soy oil, as well as palm oil. And most American formulas have higher than average levels of iron, which can cause constipation. While many European brands are similar to American ones, you can find brands there that don’t contain so many possible irritants to a child’s sensitive stomach. We used Nannycare, and my son found it much more tolerable than its stateside competitors.
It’s impossible to say for sure why my English supplier suddenly decided not to sell formulas to a buyer in the U.S. But the timing of the cancellation provides a clue: It happened shortly after the FDA blocked a large amount of European formula from being sold, declaring that they did not meet the agency’s standards.
We are far from the only family that relies on European baby formula. Yet the free flow of perfectly safe goods into the United States is still extremely restricted. The agency’s strict rules about how formulas can be made limit options for children with medical issues and leaves parents with products that can cause their little ones pain.
Worse yet, these regulations are more driven by bureaucratic and political interests than by science. These products, after all, have not caused a wave of problems for European babies.”
“When the Trump administration implemented tariffs on Chinese chemical companies in 2018, administration officials said tariffs would make American chemical companies more competitive. But industry groups told regulators last week that it’s had the opposite effect.
At a Thursday hearing on the impact of the Trump administration’s tariffs against China, the American Chemistry Council (ACC), an industry group representing over 190 U.S. chemical companies, informed the International Trade Commission that imports of Chinese chemical products have instead grown continuously since the tariffs took effect in June 2018. Over $35 billion worth of chemicals were imported from China in 2021, and Chinese companies now make up a larger share of U.S. chemical imports than they did when former President Donald Trump took office in 2017.
Per the ACC, the Trump administration failed to account for American manufacturers’ reliance on intermediate products exclusively produced in China. “China is the primary source of many valuable inputs to U.S. chemical manufacturing processes, and for which few or no alternatives exist,” an ACC representative said. “It would take years, and billions of dollars, to build manufacturing capabilities for these inputs in the United States or other countries.”
Dyes stand out as some of the most notable examples of vital Chinese imports impacted by chemical tariffs. For U.S. manufacturers to produce Red 57, a red pigment commonly found in many cosmetic products, they must import 3-hydroxy-2-naphthoic acid, also known as BONA, from China. BONA is exclusively produced in China, forcing American manufacturers to bear the higher costs associated with importing these critical Chinese-made inputs for their final products.”
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“Despite the attention given to the industry by the federal government in recent years, chemical companies are warning that tariffs are hurting their ability to invest new capital in their supply chains and innovate on issues like climate change. They also worry that it will slow job growth and hinder the Biden administration’s broader efforts toward restoring resilience in the supply chain while only contributing to higher costs for consumers.
“[T]ariffs are clearly not working for the chemicals and plastics sector,” the ACC said in their testimony. “[They] are making the United States a less attractive place for jobs, innovation, and plant expansion.””