Tag: California

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First Amendment rights general freedom judiciary

High Court Too Busy

California, gig, contractor, speech, censorship

What is the U.S. SupremeCourt thinking by refusing even to listen to arguments about the effects of California’s AB5 law, which effectively outlaws certain kinds of freelancing and gig work, on the right to speak out and petition in California?

The case is Mobilize the Message, LLC v. Bona. Plaintiffs were challenging the constitutionality of AB5 because it bans independent contractors from doing door-​to-​door canvassing for candidates or initiative campaigns yet allows independent contractors to do the same kind of work if they’re doing it as newspaper carriers or salesmen.

Of course, if AB5 were completely consistent in its assault on independent contractors, that wouldn’t make it any less injurious to political work and freedom of speech. But the separate and unequal provisions of the act do mean that political workers are being forced to abide by different rules than certain nonpolitical contractors.

That’s not right, not just.

As the Institute for Free Speech puts it, “The only distinguishing feature separating the two [kinds of contractors] is the content of the speech they are paid to promote, a distinction that is presumptively unconstitutional under the First Amendment.”

Lead counsel for the plaintiffs, Alan Gura, says that the Court’s decision will “price political speech beyond the reach of many citizens.”

What’s the deal, are the justices too busy? 

We’re all busy. 

On the other hand, they have a job. A lot of folks in California could use one, too.

This is Common Sense. I’m Paul Jacob.

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folly ideological culture too much government

Apocalypse California

Gavin Newsom, California, reparations, racism

The Democratic Party is a victim of its own success. Nowhere can we see that more clearly than in California.

Democrats have succeeded by pushing “victimhood,” gaining power by focusing on special groups, declaring them oppressed and offering compensation — though still never comes the day of full escape from the burden of this oppression.

Many stories of oppression are true.But no sized sliver of truth can guarantee that compensation attempts will redound to the liberation of the aggrieved.

California’s Democrats will face this soon.

Over slavery! And racism.

Never a slave state, California has been flirting, officially, with reparations. Several cities have “explored” the idea. An official “Reparations Task Force,” established by state law, has recommended a formal apology for slavery (in other states, over a hundred-​and-​fifty years ago). It’s also talking about giving away hundreds of billions of dollars in compensation to Black Californians, descendants of slaves or not. 

The task force is scheduled to make explicit and detailed recommendations —  on July 1.

Which puts Democrats on the spot.

Powerful Democrats such as Governor Gavin Newsom. Considered a rising presidential aspirant should the current 82-​year-​old decide not to run again, Newsom signed the law to officially look at reparations … but then seemed less than fond of the price-​tag. More than twice the yearly state budget!

Now the governor is keeping his mouth shut awaiting the final report.

And, as George Skelton at the L.A. Times asks, then what? Well, that is when “the governor and lawmakers will need to emerge from cover, face the public and devise a better response.”

But up until July they can still pretend.

Then, Democrats will have to face the reparations issue squarely — and in the context of the complete failure of their state, the blame for which they cannot place upon Republicans, much less long-​dead racist slave-owners.

This is Common Sense. I’m Paul Jacob.

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deficits and debt tax policy

Deadbeat California

Gavin Newsom, California

The injustices pile up so thick and fast that one can’t really keep track. Some state governments are especially prolific in producing them. Governments like the Deadbeat State, formerly known as the Golden State.

Now businesses in California must pay the price for the state government’s profligacy during the pandemic, when it borrowed $20 billion from the federales to help pay unemployment benefits. California is refusing to repay.

In the budget proposal for 2023 – 2024, $750 million had originally been set aside to begin repaying this debt. But Governor Gavin Newsom killed the provision. So, in accordance with federal regulations, businesses must take up the slack. Starting in 2023, the unemployment tax rate that businesses will pay, which had been 0.6 percent, is being increased by 0.3 percent until the loan is repaid.

“California is just not really an employer-​friendly state,” says Marc Joffe of the Cato Institute. “This one thing will not be a difference between a business remaining open or closing, but it’s just another burden on top of the many burdens the state puts on employers.”

A major contributor to the size of this debt is the state’s failure to act to prevent massive fraud in filings for unemployment benefits. LexisNexis estimates that fraudulent payments amount to more than $32 billion.

California taxpayers must pay for this unsalutary neglect one way or another. But what Newsom has done ends up penalizing businesses in particular. 

Yet another reason to avoid doing business in the state.

This is Common Sense. I’m Paul Jacob.

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folly free trade & free markets too much government

Make Them Pay

California, Commiefornia, socialism, electricity

Thanks to renewable-​energy mandates and other regulations, California muddles along with crippled power markets in which rolling blackouts are routine when demand for electricity is high and sun and wind are unavailable.

Apparently, this and other burdens on energy usage in the Brownout State are insufficient to fully immobilize everybody who relies on things that need to function. So the state’s utilities are preparing to also impose socialist billing on its customers.

Pacific Gas & Electric, San Diego Gas & Electric, and Southern California Edison are proposing that the flat-​rate component of power bills be based on income. Once regulators sign off, there is to be an ongoing transfer of wealth from richer to poorer.

The utilities aren’t acting independently. 

They’re obeying a legislative mandate.

In addition to a flat-​rate component of utility bills that would be $15 for the poorest customers and $85 for the wealthiest customers, there would still be a component based on power consumption. So the impending looting of nonpoor customers could be worse.

The socialism isn’t full bore yet.

But I doubt that initial limits on this redistribution agenda would remain intact were the scheme implemented and to persist.

In addition to other objections, there is also the matter of how utilities will know their customers’ incomes. Will customers be required to report and prove these incomes? The central planners presumably regard this invasion of privacy as not worth fretting about. 

They’re too busy creating perfect equality … of brownouts.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights free trade & free markets too much government

The California-​Canada Connection

Canada, California, Medical License, consensus, censorship

What do California and Canada have in common, aside from bone-​chilling temperatures?

Well, the fact that they’re trying to chill the discourse of doctors.

In California, a new law empowers medical boards to punish doctors who spread “misinformation” about COVID-​19. The misinformative nature of a stated view about the pandemic is allegedly proved by the mere fact that it contradicts a putative scientific “consensus.”

Such laws rely on misinformation for their very existence. 

When coping with complex, incomplete, sometimes murky evidence, do scientists and others ever simply disagree, even fundamentally, on the road to scientific “consensus”? Can a consensus ever be wrong? Does anybody ever hew to an asserted consensus out of fearful desire to conform rather than honest intellectual agreement?

To ask these questions is to answer them. But let’s move on.

To Canada — and the case of Dr. Jordan Peterson, whose professional status in the country is being jeopardized because of medical and/​or political views, like opinions criticizing “climate change models,” “surgery on gender dysphoric minors,” and Canadian officials who threatened “to apprehend the children of the Trucker Convoy protesters.”

Stated on social media, these opinions are apparently incendiary enough — i.e., candid enough — to vex Canada’s powerful medical censors.

According to Peterson, the Ontario College of Psychologists demands that he submit to “mandatory social-​media communication retraining” because of his views. If he doesn’t comply, he may lose his license.

Such repressive impulses, he says, are “way more widespread than you might think.”

It’s cold outside.

This is Common Sense. I’m Paul Jacob.

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Accountability election law

Democracy by Tortoise

tortoise, California vote counting

It may take three weeks!

The counting of ballots for 2022’s General Election was pretty much wrapped up on election night. In most states. Yet, a week after election day, California election officials have barely counted half the ballots cast in a number of very close congressional districts as well as other state races.

“I anticipate it’s going to take at least a couple of weeks,” offered a Sacramento County Elections spokesperson, “if not three weeks, to process the bulk of the ballots that have come in.”

Why the tortoise pace?

“In short,” KTLA-​TV in Los Angeles reports, “it’s a product of the state’s massive population and laws that make it easier and more convenient for every eligible voter to be heard.”

The Big Population argument falls flat. California has more votes to count but likewise more people available to count them. Nor does California have higher voter turnout or rules so different from other states that count much faster. 

California law allows ballots to be mailed as late as election day, which does indeed slow the counting. That could of course be tightened up. But it seems the main thing California might do differently is work harder at getting the votes counted. State law only requires that county election offices have folks working six hours a day, with weekends and holidays off. 

“We’d rather get it right,” says Secretary of State Alex Padilla (D), “than get it fast.”

Mr. Secretary, the problem is that the longer the election drags on without a winner being declared, the less confidence the public has in the process. 

Get it right. And fast.

This is Common Sense. I’m Paul Jacob.

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