The Meat-Headed Nanny-ism of the Biden Administration

Townhall In the 1972 made-for-TV movie Between Time and Timbuktu, the protagonist is transported to a world in which no one person is permitted to be superior in any way to any other person – physically or mentally. Individuals who happen to be physically stronger or more agile than others are forced to carry weights on their shoulders – “handicappers” – so they are not able to out-perform their weaker fellow citizens.  Now, a half century after author Kurt Vonnegut’s make-believe but prescient production, the federal government is punishing companies for hiring employees who are stronger and more athletic than others.   The Equal Employment Opportunity Commission (EEOC) has become Uncle Sam’s handicapper enforcement arm. One case at hand pits the EEOC, currently chaired by Democrat Charlotte Burrows, against a California moving company. The unforgivable legal sin committed by Meathead Movers that has led EEOC to file a lawsuit against it, is to hire movers who are strong and agile – precisely the qualities that would have forced such employees to don the handicappers envisioned by Vonnegut in Between Time and Timbuktu.  The primary difference between the handicappers in the 1972 movie and those now the object of the EEOC’s lawsuit against Meathead Movers, is that in the fictional account, the handicappers are physical weights, while the 2023 handicappers are statutory. The punishment sought by the EEOC against the moving company is, of course, monetary.  The EEOC initially demanded that Meathead Movers pay $15 million to settle the case – an offer the company refused. Notwithstanding the agency’s oh-so-generous subsequent offer of $5 million to withdraw its threatened action against the company, Meathead...

Longstanding U.S. Neglect Toward the Western Hemisphere Is Paying Dividends — For China

Townhall For more than a decade, China has been carefully and strategically making commercial, diplomatic, and even military inroads in Latin America and the Caribbean. Now, Beijing reportedly is building a military facility on the northern coast of Cuba, less than 100 miles from the United States. Our response has been less than impressive. It is not as if Beijing’s multi-pronged strategy to increase its presence in the Western Hemisphere has escaped Washington’s attention. Even in the late 1990s, I and several other Members of Congress expressed concern that Chinese companies (all of which ultimately answer to the governing Chinese Communist Party) were establishing commercial beachheads at both entrances to the Panama Canal, just as Panama gained control of the strategic waterway pursuant to the treaty signed with the Carter Administration in 1977. Our concerns fell on deaf ears. In 2018, a smiling President Xi Jinping was photographed next to Panama’s president, alongside the Panama Canal. Chinese trade with countries in the region has soared in recent years, ballooning from $180 billion in 2002 to $450 billion last year. China’s investments have included everything from mining and agriculture projects to infrastructure and communications technology that has surveillance capabilities. China’s diplomatic gains in the region have been no less significant, with Paraguay the only South American country that still recognizes Taiwan.  Even in the Bahamas, a one-hour flight from Miami, China’s presence is far larger than ours. Not coincidentally, the U.S. Navy maintains a major test and training facility in the Bahamas. While there is little the United States can do to directly thwart China’s commercial and diplomatic moves in the region, our...

Elizabeth Warren’s shocking Spirit folly will hurt all air travelers

Democrats embrace antitrust attack on JetBlue merger with Spirit Airlines FoxNews.com Markets are more flexible, more innovative, and move faster than the government. Still, repeatedly over the years we have seen the government decide to take antitrust action against innovative private companies, only to realize years later, as the markets in question matured, just how costly and counterproductive such moves truly were.   Now, as Yankees catcher Yogi Berra once said, it’s “déjà vu all over again.”  In the 1960s, government antitrust lawyers at the Department of Justice targeted IBM. “Big Blue” was sued under the Sherman Antitrust Act, with the feds claiming it attempted to monopolize the market for “general-purpose digital computers.”   Embarrassingly, a cottage industry of personal computers was coming into the computer market at the time, making IBM far from the only game in town. The case, however, lingered for more than a dozen years until, on January 8, 1982, the Department decided it lacked merit.  In the 1990s, the Clinton administration targeted Microsoft for offering its Internet Explorer browser as part of its operating system, a move the Justice Department found unfair to Netscape, which at the time was its leading competitor. Today, neither browser exists. The market moved on despite government efforts to constrain it.   More recently, a federal court in 2018 threw out the government’s case against the AT&T-Time Warner merger, reflecting the reality that the idea of a cable company having a viewer monopoly was laughable, considering that YouTube, satellite TV, Netflix, Roku, and others were all competing for the attention of the viewing public.   Today, we are witnessing this same antitrust folly repeating...

“They’re Back” – Big Tech Money Working to Again Influence Elections

Townhall During the 2020 election cycle, uber wealthy Mark Zuckerberg orchestrated much of Big Tech’s plan to ensure that more Democrat votes were cast and counted in key precincts across the country. In this, Big Tech was aided in large measure by three factors: the cover of COVID as an excuse to “facilitate” the voting process, lax election laws in many states, and the lure of “free” money for local officials (including Republican office holders) always eager to receive more of it. Three years later, some things have changed that will force these players to alter their tactics in manipulating election procedures, but Big Tech’s will to do so has not in the least diminished. Changes to voting procedures implemented in recent years, most notably widespread mail-in and multi-day voting, have become systematized to the degree that voters (and many courts) now consider it a right to be able to cast votes days if not weeks in advance of scheduled and lawful voting days. It has become the status quo. Granted, it has not always worked out the way Democrats hoped and planned; just ask Georgia Democrat super star Stacey Abrams, who lost decisively to incumbent GOP Governor Brian Kemp last November. On the other hand, Democrats have achieved several notable successes thanks to massive early and mail-in balloting. By all accounts, for example, Pennsylvania U.S. Senate candidate, and now sitting Sen. John Fetterman, benefitted greatly from having a huge number of votes cast for him in the days and weeks before his sole debate with his GOP opponent, during which he performed miserably. Much media attention was drawn...

Sheriffs Are The Key To Resisting Unconstitutional Gun Control And COVID Mandates

Daily Caller A number of sheriffs in upstate New York are declaring that their officers will not prioritize or “aggressively enforce” the state’s recently enacted, highly restrictive gun control law. These elected sheriffs have concluded quite correctly that the state’s new law is at odds with both the Constitution of the United States and with the most recent U.S. Supreme Court decision that declared New York’s previous and long-standing gun control law – the Sullivan Act – unconstitutional. The sheriffs’ actions have rekindled a recurring debate about the powers of the more than three thousand local sheriffs serving in every state except Alaska and Connecticut.  The United States has had elected sheriffs long before there was a “United States of America,” with the first one taking office in Virginia in 1652. Police departments, on the other hand, are a relatively new phenomenon. The first municipal police department not established until 1838 in Boston, Massachusetts.  Unlike most county sheriffs, who hold their positions under their state constitutions, police chiefs answer only to local office holders who appointed them, not to the voters. It is this distinction that has caused a number of sheriffs in “Blue States” to earn the ire of the Left.  Two factors have exacerbated this enmity in recent years – increasingly restrictive gun control measures and abusive COVID mandates by Blue State governors and legislatures. Sheriffs who decline to prioritize enforcing such laws find themselves increasingly maligned by the Left, notwithstanding the fact that they are carrying out their sworn duty to support the federal and state constitutions, and in accord with the wishes of the voters they represent. Consider Los Angeles...

FTC and Antitrust Lawyers Targeting America’s Business Sector

RealClear Politics From dialysis to chickens, the U.S. Department of Justice and its regulatory compatriot, the Federal Trade Commission, are flexing Uncle Sam’s antitrust muscles, notwithstanding strong headwinds from skeptical judges and juries. As the United States Chamber of Commerce recently warned in a brief filed with the courts, “Allowing [DOJ] to retroactively criminalize behavior strikes at the heart of the ordered liberty guaranteed to all Americans.” The work of the Justice Department’s Antitrust Division receives far less public attention than its bigger brother, the Criminal Division, and the 93 U.S. attorneys who prosecute the vast majority of cases brought each year against individual and corporate defendants. Still, the broad reach of modern federal antitrust laws, dating to the early 20th century (the Sherman Antitrust Act in 1909 and the Clayton Act five years later), can strike fear into the hearts of major corporations and their executives, who can be targeted for either civil or criminal prosecution, with hefty fines possible in either context. While far smaller, the FTC can employ its regulatory reach in tandem with the Antitrust Division to boost policy initiatives favored by an administration intent on punishing the business sector. In this regard, the Biden administration has been particularly aggressive. Fortunately for the free market, the results of this push have been less than impressive. However, recent actions by both the FTC and the Antitrust Division clearly signal this administration’s intent to continue using both its civil and criminal powers to attack the business sector. In a highly unusual if not unprecedented move, the head of the Antitrust Division, Jonathan Kanter, declared that its lawyers would try...