California’s Competitors

“The median home value in San Francisco in 2022 is above $1.5 million, according to the Zillow Home Value Index, which shows home values rising by more than 10 percent in the past year alone. In nearby San Jose, Redfin reports a median home price of $1.45 million—but home values have risen by a staggering 24 percent in the last year. Today’s Bay Area is simply unaffordable for most people, in part because California regulations hinder new construction and in part because natural geographical constraints reduce the total amount of buildable space; San Francisco has a huge housing supply shortage that shows no signs of being remedied soon.

Pair this with complaints that the city has failed to handle its homelessness problem, leading to open-air drug scenes and massive tent encampments in neighborhoods like the Tenderloin. One in every 100 San Franciscans is homeless, and California is a national outlier in terms of what proportion of the homeless population is actively “unsheltered,” as in, sleeping on the streets or under highway overpasses. In San Francisco, 73 percent of the city’s homeless population is considered unsheltered. That’s not normal, even for a big city: In New York City, the figure is about 3 percent.

And then there was the pandemic, which made many big tech offices obsolete: Twitter, Yelp, and Airbnb attempted to sublease their expensive Bay Area office spaces. Pinterest paid almost $90 million in the third quarter of 2020 to break the lease of their almost 500,000-square-foot office space. For many workers, the value of living in San Francisco dropped. Why pay a premium to live near an office you aren’t going to?

Finally, there was the broader sense, especially among high-value tech workers, that San Francisco and its neighbors were uninterested and unresponsive, focused only on extracting from their most productive citizens in the form of high taxes, which fund poor city services. In the last few years, many have simply grown tired of paying exorbitant taxes for the privilege of living in California—one that now bestows little in return.

Hence the Golden State exodus. In 2021, for the first time ever, California lost a congressional seat. The state didn’t technically lose population, but it didn’t have the same growth rate as the rest of the country.”

“the shift also owes something to responsive governance. Leaders of other cities have actively courted the movers. In December 2020, venture capitalist Delian Asparouhov tweeted “ok guys hear me out, what if we move silicon valley to miami.” Miami Mayor Francis Suarez responded promptly, “How can I help?”

Yet as Bay Area tech workers depart, it remains an open question whether those new pastures will truly be greener. The city of Austin has faced rising housing costs, stemming in part from restrictions on development. Miami has struggled with corruption and policing problems. San Francisco’s urban competitors are cheaper, for now, but there are already worrying signs that the cities luring tech’s highly mobile, highly desirable workers are already poised to repeat many of the same mistakes that drove so many Californians away.”

“In 2012, Austin city officials saw the writing on the wall and proactively tried to remedy these problems by moving toward a zoning code rewrite. The 30-year-old code had outlasted its usefulness, and with massive population growth, city planners needed to allow for much more density.

The city’s newly proposed zoning code was dubbed CodeNEXT, as part of a forward-looking urban revitalization plan, Imagine Austin. The new code aimed to reduce the strict separations between Austin’s residential and commercial corridors, allowing for more mixed-use buildings and more housing overall.

It would’ve scrapped single-family zoning restrictions in many areas, allowing for duplexes, triplexes, fourplexes, and apartment buildings to be built in their stead; it would’ve allowed for urban in-fill instead of forcing newcomers to gravitate toward far-flung suburbs; it would’ve reduced or eliminated minimum parking requirements in some places too. It wasn’t exactly an urbanist’s dream—some criticized it for not going far enough with regard to density—but it was a reasonable step toward that ideal.”

“By 2018, the project was dead in the water, having been met with fierce opposition primarily from neighborhood preservationists and homeowners, who had seen their homes double in price over the last five or 10 years.”

Supreme Court Justice Clarence Thomas told his law clerks in the ’90s that he wanted to serve for 43 years to make liberals’ lives ‘miserable’

“In a 1993 New York Times article, a former law clerk of Clarence Thomas said he held a grudge against liberals.

The conservative Supreme Court Justice was resentful of the media coverage of his confirmation hearing.

“The liberals made my life miserable … and I’m going to make their lives miserable,” NYT reported he said.”

In Landmark 2nd Amendment Ruling, SCOTUS Affirms Right ‘To Carry a Handgun for Self-Defense Outside the Home’

“At the heart of the case was the question of whether the discretion that New York placed in the hands of local licensing officials was consistent with how constitutional rights are typically treated in the American system. New York’s licensing scheme failed that test. “We know of no other constitutional rights that an individual may exercise only after demonstrating to government officers some special need,” Thomas wrote. “That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.””

SCOTUS Says You Can’t Sue the Cops for Violating Your Miranda Rights

“The Supreme Court ruled..that if a police officer fails to inform you of your right to remain silent and avoid self-incrimination when you’re suspected of a crime, you can’t sue under federal law as a violation of your civil rights.

To be clear, the Court isn’t overturning Miranda v. Arizona, the 1966 Supreme Court ruling that determined that it’s a violation of a suspect’s Fifth Amendment rights for police to interrogate him or her about a crime without informing them they have the right to remain silent and the right to request an attorney. But what the Court ruled today is that if and when this right is violated, people can’t turn to Section 1983 of the U.S. code and file a civil action lawsuit against the police officer or law enforcement agency and seek redress or damages.”

“Essentially, Alito’s opinion says that the purpose of Miranda is to serve as a safeguard against compelled self-incrimination by police or prosecutors. It was not intended to establish that it was inherently a Fifth Amendment violation if somebody voluntarily confesses or self-incriminates himself or herself prior to or absent of a Miranda warning.”

“Alito concludes that because a violation of Miranda is not automatically a violation of the Fifth Amendment, there is no justification to permit a civil rights lawsuit. The opinion reverses a judgment in Tekoh’s favor and remands it back to the lower courts to revisit.

The dissent is written by Justice Elena Kagan and joined by Justices Stephen Breyer and Sonia Sotomayor. Kagan observes the obvious in her dissent, that this ruling will make it harder for defendants to pursue legal remedies when their rights are violated”

“the Supreme Court recognizes that these constitutional rights exist, but by shielding officers from liability for violating these rights, the Court undermines the necessary tools to make sure police take them seriously.”

Sri Lanka’s protests are just the beginning of global instability

“Sri Lanka’s economy is in free fall. The country doesn’t have enough money to buy essentials: food, medicine, and especially fuel. Buses can’t run, schools can’t open. The economic crisis was years in the making because of mismanagement, but terror attacks in 2019, and later the Covid-19 pandemic, which shriveled Sri Lanka’s tourist economy, pushed it to the brink.

But the domestic political turmoil unfolding in Sri Lanka also links back to the instability across the globe, including the war in Ukraine and all of its consequences.”

“I tend to believe in markets, but I will say that markets for basic necessities like food, these are not markets you want to operate according to cold economic logic. The market for food is not a market where you want to wind up at the end of the sale with no available supply. We can’t have that because we need to have buffers in the system precisely because of events like the ones we’ve seen. And so if that’s physical grain reserves, [or] if it’s governments willing to use what they call virtual reserves, which are basically governments, in a coordinated fashion, intervening in markets to short these futures contracts to drive prices back down.

There are things that can be done. It’s just going to take an investment of resources and, I think, broader awareness of the enlightened self-interest that it does not make the United States any safer and more prosperous to exist in the world where many of our trading partners and many of our strategic partners around the world are facing instability because they can’t feed their populations.”

‘The Second Amendment Is Not Unlimited,’ Brett Kavanaugh Stresses in SCOTUS Gun Case

“Kavanaugh stressed, the constitutional problem with New York’s licensing scheme for carrying handguns in public was that “it grants open-ended discretion to licensing officials and authorizes licenses only for those applicants who can show some special need apart from self-defense.” By contrast, “43 States employ objective shall-issue licensing regimes. Those shall-issue regimes may require a license applicant to undergo fingerprinting, a background check, a mental health records check, and training in firearms handling and in laws regarding the use of force, among other possible requirements.” Today’s decision by the Court, Kavanaugh emphasized, did not touch any of that in any of those 43 states. “Shall-issue licensing regimes are constitutionally permissible, subject of course to an as-applied challenge if a shall-issue licensing regime does not operate in that manner in practice.”

Kavanaugh’s second point was drawn straight from the Heller language that I quoted above. “Properly interpreted,” Kavanaugh wrote, invoking Scalia, “the Second Amendment allows a ‘variety’ of gun regulations.”

Why would Kavanaugh write such a concurrence if he also fully joined Thomas’ majority opinion? One possible reason is that Kavanaugh is looking ahead to future cases that will inevitably arise in the lower courts as legal challenges are levied against other gun control laws. Kavanaugh, joined by Roberts, may be signaling to the lower courts that, in his view, many such gun control regulations are presumptively constitutional, and lower court judges should therefore act accordingly. At the very least, many lawyers in future Second Amendment cases will be grappling with Kavanaugh’s concurrence.”

Is the Nation’s Harshest Rent Control Law Unconstitutional, or Just Counterproductive?

“The preliminary results of St. Paul, Minnesota’s, strictest-in-the-nation rent control law have not been good. Developers have fled, while applications for new building permits and property values have both collapsed. Now, a pair of landlords are suing the city, claiming the law is unconstitutional.”

“The ordinance, written by local activists and passed by voters in November 2021, capped rent increases in the city at 3 percent per year, with none of the typical allowances or exemptions for inflation, vacant units, and new construction.
The policy is far stricter than basically every other rent control law in the country. Oregon’s 2019 state rent control law, for instance, allows for property owners to raise rents by 7 percent plus inflation and exempts buildings less than 15 years old from these price caps.

While the St. Paul ordinance did allow landlords to obtain exemptions to that 3 percent cap if it threatens their ability to earn a “reasonable return” on their investment, what would count as a reasonable return and how to secure an exemption were left up to the city to hash out. St. Paul came out with proposed rules for implementing the ordinance, including the exemption process, in early April 2022. These were finalized later that month, and everything went into effect on May 1. The final rules allow landlords to “self-certify” exemptions if they’re trying to raise the rent by no more than 8 percent, which involves filling out a short form and submitting it to the city.

Landlords are also permitted to raise the rent up to 15 percent. Doing so requires vetting from city staff and the completion of a 22-page worksheet that asks the applicant to provide exhaustive detail about changes in their expenses that might justify a rent increase. Because all exemptions can be appealed and subjected to a city audit, even landlords who can self-certify increases of up to 8 percent are encouraged (but not required) to fill out that 22-page worksheet as well.

It’s a daunting prospect for many of St. Paul’s smaller landlords.”

5 Ways Biden’s New Title IX Rules Will Eviscerate Due Process on Campus

“the federal law that prohibits sex-based discrimination in education is getting a radical overhaul that will gut critical due process protections for students accused of sexual misconduct.

Education Secretary Miguel Cardona touted the new proposals as necessary revisions to Trump-era rules that reasserted the need for colleges and universities to treat both parties to a sexual misconduct dispute fairly and equally. The Biden administration has apparently embraced the idea—one promoted by many progressive victims’ advocacy groups—that the rules propagated by previous Education Secretary Betsy DeVos made it too difficult to file sexual misconduct claims; Cardona’s proposals would substantially revert Title IX compliance to the Obama-era standards, under which hundreds of students allege that they were wrongfully expelled from college following adjudication procedures that were manifestly unfair.”

Blame Congress for Pandemic Fraud

“The inconvenient truth behind all this fraud and waste is that these government programs never should have been designed as they were. For example, while the federal government justifiably boosted state unemployment benefits at the beginning of the pandemic, it was irresponsible to enhance the benefits by $600 a week. As a result, 76 percent of the individuals who received such benefits were making more by not working than by working. It was also irresponsible to extend the program long after the economy reopened and resumed growing.

The same is true of the overly generous three rounds of $1,200, $600, and $1,400 individual payments paid to people who either already received the enhanced unemployment benefits or who never lost their jobs. Most recipients of these funds didn’t need them. In fact, only 15 percent of people who received the first round of checks said they had spent it or planned to spend it. And there were other benefits on top of these checks.”

“This non-fraudulent spending is now helping to fuel inflation.

Then, you have the money dispensed to corporations. In one way or another, that spending made up a huge share of the COVID-19 relief. Indeed, whether through the airline bailouts or the Payroll Protection Program, shareholders collected trillions of dollars in government handouts they didn’t need. Most of the PPP funding, for example, went to companies whose workers were never at risk of losing their jobs since they were well-suited to work from home.”

“billions of dollars went to state and local governments, including for schools that stayed closed, even though many of these governments’ revenue growth equaled or exceeded pre-pandemic levels.

Of course there was some fraud, but the malfeasance happened only because the programs were created in the first place and designed to go to everyone regardless of need. This reckless “design” is the true scandal.”