Archive for 2015

HE’S FIGHTING SOME OF THEM MORE EFFECTIVELY THAN OTHERS: Roll Call: Frustrated Obama Fights Courts, Congress, ISIS, Putin.

The “fourth quarter” of President Barack Obama’s presidency isn’t exactly going according to plan.

All of the president’s frustrations appeared on full display Monday in Germany at the conclusion of the G7 summit — with Obama taking on the courts, the Congress, ISIS and Vladimir Putin.

The courts have, of course, put a temporary kibosh on his temporary executive amnesty — and potentially worse for his legacy — could wreck a key piece of Obamacare.

Congress, rather than trying to help out on those issues, is struggling just to enact something every prior president has had for decades — fast-track Trade Promotion Authority.

Iraq — an applause line during Obama’s re-election campaign when he repeatedly touted his decision to withdraw U.S. troops — has at times looked to be unraveling at the hands of ISIS, with Obama now openly tasking the Pentagon for a partial strategy reboot.

And Putin continues to act like, well, Putin.

It’s clear the court cases that have ensnared the president’s immigration actions and his signature health law have irritated him.

More irritation to come, I expect. And “at times?”

SO MY CONTRIBUTION TO THE TENNESSEE LAW REVIEW’S THIRD AMENDMENT SYMPOSIUM IS NOW ONLINE (As always, your downloads are appreciated!) In it I discuss whether the Third Amendment might limit government intrusiveness into domestic affairs in areas as diverse as computer spyware, “affirmative consent” laws, and childrearing. The piece is here.

THE COUNTRY’S IN THE VERY BEST OF HANDS: Army’s Public Website Hacked by Unknown Intruders. “Defense officials confirm the official public Army website has been hacked by unknown intruders demanding the U.S. stop training rebel fighters inside Syria.”

WALL ST. JOURNAL: The Chinese Have Your Numbers: The U.S. government gives up personal data secrets with barely a fight. “U.S. government incompetence seems to grow by the month, and now we know it’s becoming a threat to national, and even individual American, security. The Obama Administration announced last week that Chinese hackers made off this year with personnel files that may have included those of all 2.1 million federal employees, plus former employees going back to the 1980s. This is no routine hack. The Office of Personnel Management (OPM) lost background-check data to the Chinese nine months before this breach and still hadn’t locked the cyber front door. OPM’s inspector general issued a damning report last November that parts of its network should be shut down because they were riddled with weaknesses that ‘could potentially have national security implications.’ You can’t ring the alarm much louder than that, but the failure to take basic precautions continued. In other words this isn’t a James Bond movie. It’s a Dilbert cartoon. Despite years of warnings, and after the Bradley Manning and Edward Snowden debacles, the federal bureaucracy can’t protect its most basic data from hackers. Private companies like Target are pilloried, not least by politicians, for their data leaks. But the feds have $4 trillion to spend each year plus access to the most advanced encryption systems. Will anyone in government take responsibility for this fiasco?”

Well, do they take responsibility for anything else?

UPDATE: Hacking As Offensive Counterintelligence. Yes, I know I linked another version of this over the weekend, but it’s important.

JOURNALISM: White Woman In HuffPo Slams Iggy Azalea For Appropriating Southern Black Culture. “The black community has rightful ownership of rap and hip hop (along with jazz, blues and soul), because of the origins and social significance of those genres.”

Hmm. Then don’t white males have rightful ownership of newspaper punditry? It’s been a part of our culture for a long time.

WELL, ON THE ONE HAND, THEY’RE CHILD PREDATORS. But on the other hand, based on the photo, their diversity program is really effective. So they’ve got that going for them, anyway.

JESSICA GAVORA: How Title IX Became a Political Weapon: Now that the law is used to suppress free speech, even liberals are alarmed. Where have they been?

The road that took Title IX from a classically liberal antidiscrimination law to an illiberal gender-quota regime began in 1996 with an innocent-seeming “Dear Colleague” letter written by federal education officials in the Clinton administration. The letter targeted colleges and universities struggling to answer the difficult question of what constitutes (unlawful) discrimination under Title IX in sports programs that are already segregated on the basis of sex. It instructed schools that quotas—equalizing the participation of men and women in athletics, despite demonstrated disparities of interest—were the way to comply with the law.

Activists who had been instrumental in creating the new standard took the federal guidance and ran with it. Aided by the trial bar, they initiated lawsuits that enshrined the new bureaucratic “guidance.” The case brought against Brown University in the early 1990s by a coalition of feminists and trial lawyers set the stage. It alleged that Brown—which offered more women’s sports teams than men’s at the time—had violated the law by downgrading two women’s teams. The university produced reams of data showing that women at Brown had more opportunities to play sports than men, but more men than women played intramural sports by 3 to 1 and club sports by a whopping 8 to 1.

To the applause of the Clinton administration, the court ruled that such data didn’t matter. The responsibility of the school wasn’t to provide equal opportunity to participate in sports—it was to educate women to be interested in sports. In effect the ruling said that Brown women didn’t know what they wanted. They only thought they were dancers or actors or musicians. They had to be taught that they were really athletes. They didn’t know what was good for them but the government did.

With that, Title IX was transformed. It no longer mattered if schools offered equal or more-than-equal opportunities for women in athletics. If colleges couldn’t produce enough actual female bodies on the playing field, the schools were forced to cut male athletes until the participation rates of both sexes were the same. No legislation, let alone public discussion, made this so. When it comes to Title IX, quaint notions of the people’s representatives having anything to do with the law ended when the law passed.

The movement of Title IX into areas as remote as the mere discussion of sexual politics on campus has followed the same trajectory.

Administrative agencies need more scrutiny, and less power.

ED MORRISSEY HAS MORE ON the New York Times journalistic scandals, and makes the excellent point that Dylan Byers — who’s been getting a lot of heat on Twitter for being the NYT’s go-to journalist for purposes of not responding directly to inquiries from the Washington Free Beacon — actually deserves praise for being willing to call the NYT out.