Marco Rubio Wants To Fight Abortion and Trans Battles in the Tax Code

“With the passage of state laws intended to restrict access to abortion, some companies like Bumble, Yelp, and Salesforce have announced programs to assist employees who have to travel to other states in order to obtain the procedure. After the apparent leak of a draft Supreme Court opinion which would overturn the right nationwide, Amazon announced that for any employees who have to travel in order to receive an abortion, it would reimburse up to $4,000 annually.

Last week, Sen. Marco Rubio (R–Fla.) responded by threatening legislation.

Employees’ health care costs are typically tax deductible as business expenses for their employers. Rubio’s bill, the No Tax Breaks for Radical Corporate Activism Act, would bar a company from deducting the costs of reimbursements not only for abortions but also for gender-affirming medical treatments for transgender children. In a statement accompanying the legislation, Rubio said, “Our tax code should be pro-family and promote a culture of life.”

But directly disincentivizing behavior is a fundamental misuse of the tax code, and it’s unlikely to work anyway.

To be sure, government policies are inherently incentivizing: For example, laws against robbery and murder are intended to keep people from robbing and murdering. Regarding taxes, people with incomes near the top of their tax brackets are disincentivized to increase their income, to avoid paying a higher rate.

But writing specific incentives into the tax code is an inherent market distortion, where politicians choose what products and activities they think people should be buying and partaking in. This can take the form of cronyism when certain types of products are favored. Even something as seemingly benign and beneficial as a tax credit for purchasing electric vehicles can just become a giveaway to favored companies. Additionally, when a benefit exists, it makes it that much easier for a politician to threaten to take it away: Even the health cost deduction Rubio is targeting is, itself, a distortion that incentivizes employer-provided health insurance plans.

Politicians use the tax code to achieve social policy goals because it is typically easier to insert a targeted tax credit than to pass a bill creating a new welfare program. But in practice, these carve-outs make everything more complicated: When the various COVID-19 relief bills apportioned money for stimulus checks, even with funding for additional staffing, the Internal Revenue Service (IRS) was slammed with calls from people awaiting their payments. When the tax code is the means by which benefits are distributed, then the tax collectors must also function as a social services agency.

Worse, it’s not even apparent that these benefits have their desired effect. A 2014 study of a tax on high calorie foods showed that such a tax can lead to more purchases of high calorie foods. In 1997, Iris Lav of the Center on Budget and Policy Priorities, a progressive think tank, told The New York Times, “There’s very scant evidence that the tax code has ever changed people’s behavior.”

Ironically for Rubio, this used to be Republican orthodoxy. In 1964, Ronald Reagan declared, “We cannot have [true tax] reform while our tax policy is engineered by people who view the tax as a means of achieving changes in our social structure.” But since then, Republicans as well as Democrats have used the tax system as a shortcut to achieving their desired policy outcomes. As a result,filing one’s annual taxes is an expensive, grueling process.

To the extent that taxation has any legitimate purpose, it is to fund the basic function of the federal government. Anything further, like incentivizing family or “a culture of life,” is simply government coercion by another name.”

Study: Europe’s Aggressive Privacy Regulations Are Killing App Innovation

“Compliance costs are high and fines for failing to do so are significant”

“The working paper’s four writers drilled down into the data and determined that GDPR helped push the exit of a third of available apps and also suppressed the introduction of new apps into the market. New app introductions in the quarters following the launch of GDPR enforcement dropped by half.

“Whatever the privacy benefits of GDPR, they come at substantial costs in foregone innovation,” the authors note.”

“a sharp decline in both successful and unsuccessful apps entering the market. It wasn’t just bad or predatory apps being affected by GDPR.”

” They also calculate that GDPR raises costs to produce apps by more than 30 percent.”

“The report’s authors conclude that when the quality of a product is unpredictable (like an unknown or not-yet-existent app), the ease of entry into a marketplace is important to help determine its value to consumers. When regulatory barriers like GDPR drive up entry costs, then there can be “substantial [consumer] welfare losses” in the form of stillborn products and services we might want or need but never see.”

Strong Job Growth Isn’t Enough

“And that’s the catch. In an era of strong wage growth, surging inflation, and record demand for workers, we’re still seeing an unexpectedly slow rate of workers returning to the labor market. The best and fastest solution to the problem would be to rapidly expand immigration opportunities, which have been severely curtailed by pandemic-era policies.

During the pandemic, pundits put forth three main arguments on why people weren’t returning to work: aversion to being exposed to COVID-19, insufficient child care, and overly generous relief programs. These considerations should be in the rearview mirror by now. With readily available vaccines and boosters, the risk of COVID-19 infection for the typical worker has been minimized. Most schools resumed in-person classes by last fall, primary school children have had access to vaccines since November 2021, and schooling interruptions from COVID-19 variants have faded away. Meanwhile, nearly all pandemic relief programs that would reduce a worker’s need for a paycheck have expired.

But there’s still a marginal case for each of these explanations. Around 2.7 percent of the U.S. population (up to 7 million potential workers) is immunocompromised. Because they face a higher risk of severe illness from contracting COVID-19, that threat may still inhibit them (or their household members) from reentering the workforce. Similarly, children under the age of 4 still can’t receive COVID-19 vaccines—causing some parents to keep their children away from group child care services. It’s quite possible that there is a bit of a chicken-and-egg problem, where the reduced supply of workers limits the amount of child care a nursery school can provide, thus making it harder for parents to take on a job.

And some pandemic relief programs remain in effect, which may, at the very least, be indirectly reducing the labor supply. The federal Emergency Rental Assistance (ERA) program still has almost $20 billion out of an initial $46.5 billion to spend. Applicants can receive up to 18 months of rental assistance, including payments for previous and future housing costs. Recipients can also reapply for additional assistance. March data from the Treasury Department show that the program distributed $2.2 billion to anywhere from 305,000 to 514,000 households. Assuming that no household was double dipping in the two rounds of the ERA program, this averages out to a $4,200 payment per household.

Similarly, the number of borrowers seeking loan repayment relief has significantly increased since the onset of the pandemic: The proportion of federal student loan borrowers opting for loan forbearance grew from under 10 percent to over 50 percent in 2020 and has remained there since.

Both rental assistance and loan forbearance would diminish the pressure a worker would feel to return to work, but there hasn’t yet been an estimate of these programs’ effect on labor supply. Perhaps in response to such concerns, the governors of Nebraska and Arkansas have declined most future ERA funding.

However, the larger contributors to the dramatically reduced labor supply are likely the increase in people retiring and the decrease in immigration.”

GMOs Are Good for Us

“Activists have convinced Americans that “organic” food is better—healthier, better-tasting, life-extending.

As a result, poor parents feel guilty if they can’t afford to pay $7 for organic eggs.

This misinformation is spread by people like Alexis Baden-Mayer, political director of the Organic Consumers Association. She says organic food is clearly better: “The nutrition is a huge difference.”

But it isn’t. Studies find little difference.

If you still want to pay more for what’s called “organic,” that’s your right. But what’s outrageous is that this group of scientifically illiterate people convinced the government to force all of us to pay more.

Congress has ruled that GMOs (genetically modified food) must be labeled. Busybodies from both parties supported the idea.”

“The U.S. Department of Agriculture (USDA) says the GMO labelling will cost from $598 million to $3.5 billion.

“But the public wants GMOs labelled,” say advocates. “Surveys show that.”

Of course they do.

Ask people if DNA in food should be labelled, and most say yes. Yet DNA is in everything.

Polling is a stupid way to make policy.

The idea of modifying a plant’s DNA may sound creepy, but people have cross-bred plants and animals for years.

“The corn we have today, there’s nothing natural about that,” I say to Baden-Mayer in my new video. “What native people ate, we’d find inedible.””

“In poor parts of the world, half a million people per year go blind due to lack of vitamin A in their diets. Many die.

Scientists have created a new genetically modified rice that contains vitamin A. This “golden rice” could save those people.”

“Sadly, in some countries, people listen to advocates like her and believe that Americans want to poison them. One group of GMO fearful protesters invaded a golden rice field in the Philippines, ripping up all the plants.”

Eliminating Single-Family Zoning Isn’t the Reason Minneapolis Is a YIMBY Success Story

“Housing production is up, and rents do indeed appear to be falling. But the effects of Minneapolis’ particular means of eliminating single-family-only zoning, and allowing up to triplexes on residential land citywide, have been exceedingly modest.

Newly legal triplexes and duplexes make up a tiny fraction of new homes being built. Other less headline-grabbing reforms appear to be doing the Lord’s work of boosting housing production.”

“Wittenberg credits the city’s elimination of parking minimums—which had typically required one parking spot per housing unit—with facilitating increased construction of smaller apartment buildings.

The city has been chipping away at residential parking minimums since 2009. The Minneapolis 2040 plan eliminated them entirely. (The city has also adopted some rather un-free market parking policies, including parking maximums in some areas and bike parking minimums.)

Data culled by Wittenberg, and shared with Reason, shows that 19 major projects have been approved by Minneapolis’ Planning Commission since parking minimums were eliminated. The median project provided .42 residential parking spaces per unit, with smaller apartment buildings typically including even less parking.

“For site constraint reasons and economic reasons, it would have been hard to park those buildings at one parking space per unit,” he says. “We’re pretty clearly seeing that is making a significant difference.”

In January 2021, Minneapolis also implemented additional parts of the 2040 Minneapolis comprehensive plan that allows for larger, denser apartment buildings in more of the city, particularly along commercial corridors and near public transit stops. That’s also helped facilitate more development, says Wittenberg.

Flisrand, on Twitter, argues that the fight over eliminating single-family-zoning sucked up most of the attention in the Minneapolis 2040 debate, thus paving the way for more impactful policies like parking minimum elimination and commercial corridor upzoning.”

“One also doesn’t want to learn the wrong lesson that eliminating single-family zoning is the only supply increasing reform cities need to adopt.

There’s a certain current of thought on the political left—represented most prominently by Rep. Alexandria Ocasio-Cortez (D–N.Y.)—that supports eliminating single-family zoning in wealthy neighborhoods while also expressing extreme skepticism of denser private, market-rate development elsewhere in the city

But legalizing the latter type of development, at least in Minneapolis’s experience, appears to go a lot farther in actually producing more housing units and holding down rents.

More and more jurisdictions across the country are catching on to the fact that their zoning laws are strangling housing production and driving up housing costs, and moving to make changes.”

In Defense of Roe

“Roe held that the state could “could regulate (but not outlaw) abortions in the interests of the mother’s health” in the second trimester of pregnancy and ban abortions only in the third trimester of pregnancy as a fetus developed more “potentiality of human life.” Its successor case, Planned Parenthood v. Casey, affirmed a right to an abortion until a fetus became viable outside the womb.

Unlike slavery and civil rights, abortion is not an issue that lends itself to absolute moral clarity. There are obviously two sets of rights involved, but exactly when legal personhood for the fetus begins has always been contested, as seen in historic laws that banned abortion only after “quickening.”

The cultural genius of Roe is that it created broad parameters that reflect how we think about pregnancy and abortion: At some point during gestation, the fetus becomes a person with a right to life and liberty, but drawing that line will always be a compromise and imprecise. Honest brokers on both sides of the abortion debate will acknowledge that the opposing side has a case.

Survey data show that Roe was remarkably effective at balancing the rights of the fetus and the mother in a way that fits with our societal values. Sixty percent of Americans support abortion in the first three months of pregnancy and only 13 percent in the final three months. Even more telling is data showing that 93 percent of abortions are performed before the 13th week of pregnancy, and just 1 percent are done after 21 weeks.”

“individual freedom trumps federalism. Though abortion will never be a clear-cut issue, once we have broad societal agreement on how to delineate between the interests of the mother and the interests of the fetus, women across the country deserve basic protections for their bodily autonomy and privacy.

Keeping abortion legal for at least part of pregnancy doesn’t mean that pro-lifers won’t be able to reduce its incidence. The abortion rate has declined for decades despite the procedure’s availability. So has the unwanted pregnancy rate. These are outcomes worth celebrating, as they reflect women being in more control of their own bodies.

Overthrowing Roe and Casey would threaten that progress and broad consensus by stoking a new culture war in which states rush to ideological extremes that run roughshod over the rights of women or fetuses, depending on the state, some of which are already trying to restrict access to their residents’ ability to receive or even fund abortions performed elsewhere.

Post-Roe America would be one with fewer rights and, likely, more political division. There’s no perfect policy on abortion, but in 1973, the court struck a compromise that most Americans continue to endorse. That victory, I fear, is about to be undone.”

A Global Tax Cartel Would Be as Bad as It Sounds

“In 2017, former President Donald Trump’s administration improved the corporate tax system by lowering the top corporate income tax rate from 35 percent to 21 percent. At the same time, the worldwide tax system, under which income is taxed by a firm’s home country no matter where it is earned, was replaced by a territorial tax regime. In this system, income is taxed only in the country where it is earned. For example, an American company earning income in France is taxed only in France, not in the U.S.

This new system is a vast improvement for U.S. companies, which in turn helps repatriate their foreign profits here. However, it does put pressure on politicians to further lower tax rates and diminish incentives for corporations to locate their production abroad or shift reported profits overseas. Don’t forget that there are still plenty of nations with corporate tax rates lower than those imposed in the United States.”

“the idea of cajoling other governments to impose a global 15 percent minimum tax rate on foreign companies’ incomes earned within their borders.

Under this cartel of countries, with foreign governments committed to refusing to compete for capital by cutting tax rates, the incentives for U.S. companies to avoid high U.S. taxes are seriously reduced. So are the incentives for governments to keep their own tax systems modest.

Whether Yellen can convince countries like China and India to go along is an open question. The proposal also faces political headwinds in the European Union, which usually supports any attempts to hinder tax competition.

Finally, it’s unclear that Yellen can convince Congress to go along with her scheme. The reason, in part, is that enough legislators are skeptical of whether a global minimum tax will truly increase Americans’ prosperity, especially given the current fragility of the global economy.”

‘Detached From Reality’ Is Trump’s Best Defense at This Point

“Attorney General Bill Barr..said former President Donald Trump’s insistence that the 2020 election had been stolen from him indicated he was “detached from reality.” Ironically, that seemingly damning assessment of Trump’s state of mind might be his best defense against a possible criminal prosecution.

The Jan. 6 Committee has spent a great deal of time during its first two hearings trying to prove that Trump knew he lost the 2020 election fair and square. On Monday, they effectively used the testimony of Trump’s former staff and lawyers to hammer home that Trump was repeatedly told the vote totals went against him, that allegations of election fraud were bogus and that he continued to spread them to his followers anyway.”

“as several former Trump insiders testified, the former president clung to implausible conspiracy theories advanced by a handful of legal advisers such as Rudy Giuliani, John Eastman and Sidney Powell.”

“prosecutors would have to overcome the likely defense that Trump sincerely believed the election had been stolen because he had been told so by people he believed were knowledgeable. Defendants usually don’t go to prison for following legal advice. While Eastman, Giuliani and Powell were conspiracy theorists whose claims were thrown out of multiple courts, they also were lawyers with, at one time, good credentials. Trump’s defense team would argue that he trusted them and relied on their advice. Poor judgment might disqualify someone for public office, but it is not, in and of itself, a crime.”

” That would also be a defense to another potential charge — that Trump obstructed an official proceeding, which requires proof that Trump had corrupt intent. A federal judge recently found that it was “more likely than not” that Trump had corrupt intent, relying on the fact that Pence and others told Trump that Eastman’s plan to set aside valid slates of electors and send the process back to the states was illegal. But in the context of a federal jury trial, Trump would only need to convince one juror that there was reasonable doubt that he believed a plan proposed to him by a prominent lawyer (who had once been a former Supreme Court clerk) was lawful.”

“Garland has been dealt a difficult hand. Many who view the committee hearings will assume that the mountain of evidence amassed by the committee would be more than sufficient to convict Trump. But Garland and his team must know that such a case would be a coin flip at best, and federal prosecutors don’t win over 95 percent of their cases by rolling the dice. They charge defendants when they know they have the goods, and based on what we’ve seen so far, they don’t have an airtight case against Trump.”