Thursday, June 19, 2025

Someone Has To Pay

Increases in tariffs, this year, are likely to push up prices and weigh on economic activity.  The effects on inflation could be short-lived, reflecting a one-time shift in the price level.  It’s also possible that the inflationary effects could instead be more persistent. ...

Because someone has to pay for the tariffs, and it will be someone in that chain that I mentioned, between the manufacturer, the exporter, the importer, the retailer, ultimately somebody putting it into a good of some kind or just the consumer buying it.

All through that chain, people will be trying not to be the ones who can take up the cost, but ultimately, the cost of the tariff has to be paid.  And some of it will fall on the end consumer.

-- Federal Reserve Chair Jerome Powell at a press conference after the Federal Reserve declined to lower interest rates, nj.com (18 June 2025)

Wednesday, June 18, 2025

Retreating

To give meaning to our Constitution's bedrock equal protection guarantee, this Court has long subjected to heightened judicial scrutiny any law that treats people differently based on sex.  If a State seeks to differentiate on that basis, it must show that the sex classification "serves important governmental objectives and that the discriminatory means employed are substantially related to the achievement of those objectives."  Such review (known as intermediate scrutiny) allows courts to ascertain whether the State has a sound, evidence-based reason to distinguish on the basis of sex or whether it does so in reliance on impermissible stereotypes about the sexes.

Today, the Court considers a Tennessee law that categorically prohibits doctors from prescribing certain medications to adolescents if (and only if) they will help a patient "identify with, or live as, a purported identity inconsistent with the minor's sex."  In addition to discriminating against transgender adolescents, who by definition "identify with" an identity "inconsistent" with their sex, that law conditions the availability of medications on a patient's sex.  Male (but not female) adolescents can receive medicines that help them look like boys, and female (but not male) adolescents can receive medicines that help them look like girls.

Tennessee's law expressly classifies on the basis of sex and transgender status, so the Constitution and settled precedent require the Court to subject it to intermediate scrutiny.  The majority contorts logic and precedent to say otherwise, inexplicably declaring it must uphold Tennessee's categorical ban on lifesaving medical treatment so long as " ‘any reasonably conceivable state of facts' " might justify it.  Thus, the majority subjects a law that plainly discriminates on the basis of sex to mere rational-basis review.  By retreating from meaningful judicial review exactly where it matters most, the Court abandons transgender children and their families to political whims.  In sadness, I dissent.

-- Justice Sotomayor, with Justice Jackson joins and Justice Kagan, dissenting in US v Skrmetti, Attorney General for Tennessee, in which the majority upheld a Tennessee law denying gender-affirming care to minors (18 June 2025)

Tuesday, June 17, 2025

The Task

The task counts more than the one who does it.

-- Lloyd Alexander (1924 - 2007), widely-influential American author, mostly of fantasy novels for children and adolescents, as well as several adult books, The Chronicles of Prydain (1964-1968) Book I: The Book of Three (1964) Chapter 2

Monday, June 16, 2025

Not A Caucus

Democracy is not a caucus, obtaining a fixed term of office by promises, and then doing what it likes with the people.  We hold that there ought to be a constant relationship between the rulers and the people.  "Government of the people, by the people, for the people," still remains the sovereign definition of democracy.

-- Sir Winston Leonard Spencer Churchill (1874-1965), British politician and statesman, speech in the House of Commons (11 November 1947), published in 205 The Official Report, House of Commons (5th Series), 11 November 1947, vol. 444, cc.

Friday, June 13, 2025

To Know How Much

The most ignorant are the most conceited.  To know how much there is that we do not know, is one of the most valuable parts of our attainments; for such knowledge becomes both a lesson of humility and a stimulus to exertion.

-- Horace Mann (1796 - 1859), American education reformer and abolitionist, Lectures on Education (1855) Lecture 6

Thursday, June 12, 2025

Be Ashamed

Be ashamed to die until you have won some victory for humanity.

-- Horace Mann (1796 - 1859), American education reformer and abolitionist, Address at Antioch College (1859)

Wednesday, June 11, 2025

RIP Brian Wilson

All of us have the privilege of making music that helps and heals -- to make music that makes people happier, stronger and kinder.  Don't forget: music is God's voice.

-- Brian Douglas Wilson (20 June 1942 - 11 June 2025), American musician, singer, songwriter, and record producer who co-founded the Beach Boys, At the induction ceremony of The Beach Boys into the Rock and Roll Hall of Fame (January 1988)

Tuesday, June 10, 2025

Inconvenience

So in all human affairs one notices, if one examines them closely, that it is impossible to remove one inconvenience without another emerging.

-- Niccolo Machiavelli (1469 - 1527), Italian political philosopher, historian, musician, poet, and playwright, Discourses on Livy (1517) Book 1, Ch. 6 

Monday, June 09, 2025

Extraordinary Intervention

Today the Court grants "emergency" relief that allows the Social Security Administration (SSA) to hand DOGE staffers the highly sensitive data of millions of Americans.  The Government wants to give DOGE unfettered access to this personal, non-anonymized information right now -- before the courts have time to assess whether DOGE's access is lawful.  So it asks this Court to stay a lower court's decision to place temporary and qualified limits on DOGE's data access while litigation challenging DOGE's authority to access the data is pending.  But the Government fails to substantiate its stay request by showing that it or the public will suffer irreparable harm absent this Court's intervention.  In essence, the “urgency” underlying the Government's stay application is the mere fact that it cannot be bothered to wait for the litigation process to play out before proceeding as it wishes.

That sentiment has traditionally been insufficient to justify the kind of extraordinary intervention the Government seeks.  But, once again, this Court dons its emergency-responder gear, rushes to the scene, and uses its equitable power to fan the flames rather than extinguish them.

-- Supreme Court Justice Ketanji Brown Jackson, joined by Justice Sotomayor, dissenting in Social Security Administration v AFSCME, on application for stay, in which the majority, on the emergency docket, granted a stay of a lower court ruling that limited DOGE access to Social Security data as this case makes it way through litigation (6 June 2025)

Friday, June 06, 2025

Foolish People

Foolish people -- when I say "foolish people" in this contemptuous way I mean people who entertain different opinions to mine.  If there is one person I do despise more than another, it is the man who does not think exactly the same on all topics as I do.

-- Jerome K. Jerome (1859 - 1927), English author, Idle Thoughts of an Idle Fellow (1886)

Thursday, June 05, 2025

Background Circumstances

Title VII prohibits employers from discriminating against employees on the basis of race, color, religion, sex, or national origin.  Under our Title VII precedents, a plaintiff may make out a prima facie case of disparate treatment by showing "that she applied for an available position for which she was qualified, but was rejected under circumstances which give rise to an inference of unlawful discrimination." Texas Dept. of Community Affairs v. Burdine, 450 U. S. 248, 253 (1981).

The question in this case is whether, to satisfy that prima facie burden, a plaintiff who is a member of a majority group must also show " 'background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.' " 87 F. 4th 822, 825 (CA6 2023) (per curiam).  We hold that this additional "background circumstances" requirement is not consistent with Title VII's text or our case law construing the statute.  Accordingly, we vacate the judgment below and remand for application of the proper prima facie standard.

-- Justice Jackson, for the unanimous Supreme Court of the United States in Marlean A. Ames, Petitioner v Ohio Department of Youth Services, in which the court ruled that cases of reverse discrimination require no higher standard of proof than other discrimination cases (5 June 2025)

Wednesday, June 04, 2025

Getting There

It is not knowledge, but the act of learning, not possession but the act of getting there, which grants the greatest enjoyment.  When I have clarified and exhausted a subject, then I turn away from it, in order to go into darkness again.  The never-satisfied man is so strange; if he has completed a structure, then it is not in order to dwell in it peacefully, but in order to begin another.  I imagine the world conqueror must feel thus, who, after one kingdom is scarcely conquered, stretches out his arms for others.

-- Johann Carl Friedrich Gauss (1777 - 1855), German mathematician, astronomer and physicist, Letter to Farkas Bolyai (2 September 1808)

Tuesday, June 03, 2025

Equally Convenient

To doubt everything or to believe everything are two equally convenient solutions; both dispense with the necessity of reflection.

-- Henri Poincaré (1854 - 1912), French mathematician, theoretical physicist, and philosopher of science, Science and Hypothesis (1901), Preface, Dover abridged edition (1952), p. xxii

Monday, June 02, 2025

What Do We Get For That?

The total actual 2024 budget to run the country was about 7 trillion dollars.  That means the NASA budget was only 0.004 of the national budget -- less than half a percent.  For every hundred dollars the US government spent, it put 40 cents in the bucket for NASA.

And what do we get for that?  The Universe. 

Missions to Mercury, Venus, Jupiter.  Landers on Mars, telescopes that peer through the depths of the cosmos, a fleet of spacecraft monitoring the Sun, the star to which we owe our existence.  The abject awe and wonder of images of a glorious cosmos.  The first A in NASA is for Aeronautics, too; research that makes air travel better, faster, and safer.  NASA science includes observing and monitoring our own planet as well, making satellites that track our water, atmosphere, and land. NASA scientists study climate change, one of the single biggest existential threats to humanity.

NASA employs about 18,000 people across all 50 states (and that doesn't include contractors, of which I was one for many years, and people such as  academics who have NASA grants).  NASA partners with space agencies around the world, a diversified portfolio that guarantees the best scientific research always pushing past the cutting edge and accelerating our understanding of, well, everything. 

-- Philip Plait, Bad Astronomy Newsletter, "Trump threatens to eviscerate NASA" (2 June 2025)