UN raises concerns over pot legalization.

Apparently, the United Nations has concerns following additional states voting to legalize marijuana for recreational use.

VIENNA (Reuters) – Moves by some U.S. states to legalize marijuana are not in line with international drugs conventions, the U.N. anti-narcotics chief said on Wednesday, adding he would discuss the issue in Washington next week.

Residents of Oregon, Alaska, and the U.S. capital voted this month to allow the use of marijuana, boosting the legalization movement as cannabis usage is increasingly recognized by the American mainstream.

“I don’t see how (the new laws) can be compatible with existing conventions,” Yury Fedotov, executive director of the United Nations Office on Drugs and Crime (UNODC), told reporters.

Asked whether there was anything the UNODC could do about it, Fedotov said he would raise the problem next week with the U.S. State Department and other U.N. agencies.

The Oregon and Alaska steps would legalize recreational cannabis use and usher in a network of shops similar to those operating in Washington state and Colorado, which in 2012 voted to become the first U.S. states to allow marijuana use for fun.

Of course, as Rueters points that Uruguay has done it on a national level.

However, it should be interesting to see how discussion will shape up, since the anti-UN crowd also tends to encompass the anti-drug crowd.

Net Neutrality: A Complex Issue With No Satisfactory Solutions

Yesterday, Chris Byrne had a write-up regarding President Obama’s “stated” support for Net Neutrality. “Stated” is in scare quotes because, as Chris noted, President Obama’s support for this ( much like his “support” for gay marriage) is a limp-wristed attempt to mollify his young, technologically literate base.

Of course, because it’s Obama and there’s a cottage industry dedicated to demonizing him, Ted Cruz had to come out with the stupidest political statement of the year (Non-Dollard/Kincannon Division).

With the mainstream attention these positions will now bring, and with an FCC decision on the issue due in 2015, the issue can no longer be ignored:

Net Neutrality is a major political issue, right now.

Chris Byrne correctly noted, that the lack of competitive options in local internet access is the primary factor leading us into the situation we’re in now. A deeper look into this shows… yeah, it shows we’re screwed either way.At the moment, there are no realistic answers that will satisfy consumers.

The explanation as to why is complex, to say the least.

Keep in mind that as I go through the issues surrounding net neutrality, I will be attempting to take common arguments, and technical background, and break them down into layman’s terms. Although readers of The Liberty Papers tend to skew more educated than most, I understand that not everyone is tech savvy enough to understand much about how the internet works beyond “I go to Google and email shows up!”. » Read more

So Why Are Car Insurance Rates High In Louisiana? A TLPer Has Some Answers….

article-2451531-18A3E39F00000578-644_634x392I wrote a blog post for the R Street Institute based in Washington D.C. that tried to explain why Louisiana consistently has some of the highest car insurance rates in the country. The reason is simple actually, because of Louisiana’s bad decisions.

As a Louisiana resident, I paraphrase Jimmy McMillan when I say “car insurance in Louisiana is too damn high.” While Louisiana only has the seventh most expensive car insurance in this year’s Insure.com survey of the states, the state is a frequent contender for the top spot. In the Southeast, only Georgia has higher average car insurance rates. But given that Louisiana is the second poorest state in the country, car insurance costs probably have more of an impact on Louisiana drivers than Georgia drivers.

Car insurance rates in Louisiana are so expensive compared to the rest of the country partly because of policy decisions that have been made by Louisiana lawmakers. Thus, just as Louisiana policy-makers have made numerous terrible decisions that have contributed to these high rates, they also can take the necessary steps to fix the situation and truly lower rates for all Louisianans.

Read the rest of the article here:

Community Conservatism: How Government can Empower Civil Society

061.community-networks

Community Conservatism: How Government can Empower Civil Society
Matthew and Stephanie Souders – November, 2014

Concerns of the Civil Society

In the many post mortem analyses of the 2012 presidential election and the two surrounding “republican wave” midterms, it has become apparent that what drives the health of the Democrat Party is not Middle Class America in the way it once was, but very poor, and the very wealthy. Progressive policies have marginalized the middle class and made it difficult for people to change their financial status through over-taxation and over-regulation of small businesses, through a system of wealth transfer that mostly hurts the middle class, through microscopic interest rates that are disincentives to saving and debt management and through a bloated, inefficient social safety net whose unpaid liabilities are an enormous anchor on market confidence, and thus, GDP growth.

Both parties have an unhealthy focus on the wealthy. Democrats believe in a system of, as Mitt Romney called it, “trickle-down government”, in which our social betters determine which businesses should benefit from rent-seeking behavior and which should be regulated out of existence for our own good and court the wealthy with the promise of largesse. Republicans still believe, to some extent, in Reagan’s system of “trickle-down economics”, in which government courts the support of big businesses with an interest in deregulation and low corporate taxes. In both models, the real concerns of the middle class are completely ignored.

We’re not short on polling and research on the question of what the middle class wants from government. In order of importance, according to a host of exit polls and issues polling done by Pew Research, Gallup and Rasmussen:

• Establish an economic climate where my job actually pays (what they actually mean is: where my median income actually goes up at least as fast as inflation, preferably faster)
• Make government accountable and ensure that it’s actually working properly (while most in the middle class are not quick to blame Obama for every failure of the bureaucracy, they are nonetheless completely faithless, now, that government can work well)
• Make our education system actually work and give us good choices so that our children are prepared for the adult world
• Get the cost of healthcare contained and give me broad choices in doctors, hospitals and insurance plans that fit my needs
• Reduce or stabilize the cost of energy and make us less dependent on foreign energy markets
• Protect a basic social safety net and care for those in real need, defend against fraud and abuse of our good will
• Keep our communities safe from threats, foreign and domestic
• Keep law enforcement constructive and fair
• Respect our freedom to choose how we’ll live our lives and respect our privacy
• Be good stewards of our natural resources and the environment
Demonstrate that you can govern (people are results oriented, but a lack of willingness to compromise on either side is an immediate turn-off to moderate middle class Americans – and a philosophy that downplays the importance of government is also a turn off, as people want to feel that their lives are backstopped by a competent, effective government)

The nice thing about the above list is that both Democrats and Republicans in the middle class come up with about the same list in about the same order (Democrats might place environmental stewardship a little higher up, and Republicans might move government accountability to the top slot in some cases, but otherwise, our priorities tend to align well across party lines). The difference between us is not what we think is important, really; it’s how we would go about addressing each issue.

Here’s the thing – voters, being human, tend to respond to the core meaning/value in your message, more than to the particular policies you support; and candidates for office (and the national party leadership, obviously) tend to frame their policy ideas in value-centric terms. The 2012 presidential election was a battle between Obama (whose convention proclaimed the message “government can work for all of us / they disagree, and that’s dangerous”) and Romney (“yes we did build that / they think they own you!”), and, as I’ve just observed above, people tend to prefer to believe that government can be a force for good (because it can be, and because it’s comforting to seek leadership). Libertarians and the Tea Party – two groups that don’t often see eye to eye – tend to instinctively believe that government is like fertilizer. It’s horribly stinky and we want as little of it around as possible, but necessary at some level. I’m here to tell you – that is not the message that middle class America wants to hear, even if there is some truth to it. If the Republican Party wishes to establish a governing agenda that wins hearts and minds back toward conservatism (including cultural conservatism), they must demonstrate that they can govern proactively and listen to the desires of the middle class, since the middle class still tends to drive the cultural conversation. What follows is a set of core values that should be embraced by the GOP if they wish to make something of their current governing majority, as well as a sampling of specific policy suggestions in line with those values.

A Philosophy to Govern

A) Take Responsibility and Do the Work

The media often paints a picture of our current divided government as a battle between those on the left who want to govern and those on the right who do not, and there are vocal members of the GOP caucuses in both chambers of the legislature that give the media ample sound bites in favor of this description. By now, you know their names well, so I won’t rehash them. However, as is equally obvious, to anyone paying attention to the party, the GOP does in fact desperately want to govern, and that this can actually be dangerous (in so much as they allow their desire to govern to create bigger, rather than different and more effective government). It is, ironically, the left which seems not to want to govern. Progressives in the legislature have increasing sought to take matters of law out of the hands of the legislature and give it, instead, to bureaucratic government agencies and the executive branch. They still wish to transform society using the power of an activist government, but they want to do it through channels where there can be no debate on the merits of their ideas. It is actually this progressive abdication of the personal responsibility for governing (as best expressed by Obama’s refusal to hold any of his key people responsible for the spectacular failures of the bureaucracy on his watch) that is most hurting the ability of the legislature to function. The GOP must seek in the legislation it passes to take responsibility for the outcomes of that legislation and to get enough bipartisan support that it can share that responsibility with the left.

B) Make Our Priorities Your Priorities

Both parties have a nasty habit of playing to their bases and feeling the need to take specific actions on every piece of their “base-centric” party platforms in the hope that this will get them elected again. Base turnout is important in maintaining a governing majority, but what is more important is being perceived by the electorate at large to care about the same things that they do and place your priorities where they do. Obama’s schizophrenic presidency spent “focusing like a laser” for five seconds at a time on a hundred different things was in stark contrast to his 2008 campaign, in which he did in fact focus entirely on the real concerns and fears of the electorate. And of course, we all know that the GOP has a tendency to shout SQUIRREL at the first sign of a chance to discuss social issues or international matters that simply are not at the forefront of our minds in the middle class. The authors of this piece are staunchly pro-life, but even we recognize that we need to get our fiscal house in order first before we can spend any time on such matters.

C) Focus on Service and Community

The most important development of the last decade in US politics is the move toward a distrust of a self-absorbed ruling class elite that no longer concerns itself with what is happening in our towns and to our civic organizations. One of the reasons the GOP is doing so well at the state and local level, even before their 2010 and 2014 national midterm routs, is that the representatives it’s choosing at those levels are quality candidates who are deeply tied to their local communities and remain so for long stretches after they take office. When you pit the left and its tendency to turn the country into a series of fiefdoms competing for government support against the local branches of the right, and their tendency to focus on community pillars like successful businesses, churches, and charities, the right wins far more often than they lose. At the community level, people want to come together and celebrate their home. The national GOP, however, has generally been playing the same 50% plus one game that the left plays (witness Romney’s 47% remarks). To address this problem, the national GOP should craft policies that favor community pillars over top-down community organizing, small businesses over large ones, and civic society over the government as often as feasible. And more than that, Republicans must not forget that their success comes from being tied to their communities and earning the trust of those communities – they should return home as often as they’re able, reach out to people in communities that don’t traditionally vote Republican, and stay active where the live.

D) Gain Back Their Trust

There is a lot of talk about a “Republican Civil War” in the press, now that they have a legislative majority. The GOP is less monolithic than the Democrats – meaning we have a healthier exchange of ideas, but also a harder time pleasing everyone and staying on message. There are four basic factions in our coalition: Libertarians, Classical Social Conservatives, Reform Conservatives, and the Tea Party. Each faction is fighting to control the narrative, and, of late, libertarians are gaining the upper hand on the tea party for the “arm twister” prize (going to the group most able to move the GOP establishment in a new direction). Mitch McConnell just endorsed Rand Paul for the 2016 nomination, for example (eyes sideways!). If this divided GOP can come to any sort of basic agreement on how best to govern for the middle class without “sacrificing” any members of its coalition, I believe all members of the coalition will eventually get what they want most. Just because, for example, a reform GOP agenda doesn’t put pro-life issues at the top of the list doesn’t mean we need to renounce social conservatives and their ideas. Just because most of the GOP disagrees with libertarians about international policy doesn’t mean we need to remain outwardly hawkish to keep the establishment happy. First, prove you can forge a coalition and stay united on some of the things we do agree on. Win back the trust of the electorate and then, when a social conservative has a message about abortion, perhaps society will be more able to hear it without cynicism. First you win the governing mandate – then you win their trust – then you win their hearts – then you win the culture.

11th hour, of the 11th day, of the 11th month

 

poppy2

 

It is now the 11th hour, of the 11th day, of the 11th month, at Compiegne…

In the United States, today is Veterans Day

In America, Memorial Day is for the dead, and Veterans Day is for the living. As such, first I wish to give thanks.

I thank all of you, still serving to defend our country, those of our friends and allies, and those who, wherever they serve, are fighting to preserve freedom, liberty, justice, and humanity.

May god bless you and keep you.

I thank all of my brothers and sisters who have served in the past; for the risks you have taken, and the sacrifices you have made.

To the rest of the world, today is Remembrance Day, sometimes known as Armistice day, or poppy day; commemorating the moment that the first great war of the last century was ended; in the eleventh hour, of the eleventh day, of the eleventh month of the year of our lord nineteen hundred and eighteen.

96 years gone, and still every year we mark this day.

Why is it called poppy day?

Britain, France, Belgium, Canada, Australia, Russia… and on the other side Germany, Austria, Bulgaria, Hungary (and the remains of the holy roman empire), Turkey (and the other ottomans)… an entire generation of young men in Europe were lost to the most futile, worst run war, in modern history.

In four years, 18 million men died (or went missing, which is mostly the same thing), and 22 million men were wounded.

In fact, Europe has never recovered from this greatest of historical mistakes. It was the direct aftermath of world war one that lead to world war two; the combination of which largely created the postmodern European culture that is slowly being destroyed from without and within by self hatred, depression, defeatism, socialism, islamist theofascism, and reactionary nationalism.

But I digress… I was talking about why it is called poppy day.

Flanders is a region of Belgium, where (along with Wallonia and northern France) the fighting in the great war was at it’s bloodiest. The worst battles of the war were at Ypres, the Marne, the Somme, and Verdun.

At the Somme alone, the British lost 20,000 dead in one single day; and the allied forces (mostly British) lost 120,000 dead, and over 375,000 wounded total; with 100,000 dead and 350,000 wounded on the German side.

The battle lasted from July 1st , til November 18th, 1916. Almost five solid months of the most brutal trench warfare ever seen; and nothing to show for it but blood, and mud.

Perhaps 200,000 total dead at the Marne (1st and 2nd), perhaps 50,000 at Ypres, Perhaps 300,000 total dead at Verdun… (10 months, and the bloodiest battle of the war, though the Somme had the bloodiest day); and nothing to show for it but blood and mud.

There was an amazing thing though… That blood, and that mud… it became magnificently fertile soil; and soon after the fighting ended, all over these horrific battlefields, poppies began to bloom.

In the first great war, as had been tradition for most of western history, those killed in battle were buried in the fields where they fell. Their memorials were raised on or close by those battlefields; a tribute to those who fought and died, and a reminder to those who did not.

In 1918, there, in Flanders, and Wallonia, and France; there lay an entire generation of men. Millions upon millions of white crosses, millions upon millions of unmarked graves in farmers fields; surrounded by millions upon millions of poppies.

A symbol of life, of blood, of the fight for liberty and freedom. The poppies among the dead were taken up; first by the French and the Belgians, then the Canadians and British and Americans.

Today, the poppy is a symbol of remembrance, expressed best perhaps by this poem:

 

In Flanders Fields
–Lt. Col. John McCrae, M.D. RCA (1872-1918)

In Flanders fields the poppies blow
Between the crosses, row on row,
That mark our place; and in the sky
The larks, still bravely singing, fly
Scarce heard amid the guns below.

We are the Dead. Short days ago
We lived, felt dawn, saw sunset glow,
Loved, and were loved, and now we lie
In Flanders fields.

Take up our quarrel with the foe:
To you from failing hands we throw
The torch; be yours to hold it high.
If ye break faith with us who die
We shall not sleep, though poppies grow
In Flanders fields.

Net Neutrality… Obama… Cruz… How About Oliver?

Today, Barack Obama(D) has announced that he will pretend to support net neutrality:

 

 

In response, Ted Cruz (RPDGC*), has announced that Net Neutrality is the work of the devil:

 

 

The idea that either Democrats OR Republicans actually support net neutrality is a joke.

The Democrats have (and still do) very strongly supported big media and big communications, who are largely anti neutrality. it’s only when net neutrality obviously became a big issue among young liberals (who were largely unmotivated to turn out this midterm election) that they have pretended to support it.

The Dems could have made it a campaign issue, except then they wouldn’t have had the huge media and communications industry money for the elections, that they needed to avoid getting spanked even worse than they did.

If Obama had actually supported net neutrality, he wouldn’t have appointed an anti neutrality industry stooge as FCC chair… but again, if he did that, the Dems would have lost that sweet sweet big media money.

On the other hand, the Republicans are largely anti “big media” and anti “big communications”, and only became anti-neutrality when the Democrats decided to take it as an issue.

What is Net Neutrality?

Frankly, any libertarian should support net neutrality as a principle (government regulation is another matter).

Net neutrality as a principle, is simple. All legitimate traffic should be treated equally, no matter the source or destination. No internet service provider should filter, censor, or slow down traffic from their competitors, their critics, or because of politics or national origin; or for any reason other than technical requirements for safe, efficient, and reliable network operation.

It’s how the internet has always been run, up until recently, without any government action necessary. There’s a famous quote: “The internet interprets censorship as damage and routes around it”. Any internet service provider that censored, filtered, or slowed down traffic from anyone (for anything other than technical reasons) was routed around, and cut out of the net, by its peers. It was a great example of independent action and peer enforcement working in the marketplace.

Unfortunately, this is no longer the case.

Why is it an issue now?

Large media and communications companies like Comcast and Verizon have been deliberately and artificially blocking or slowing down traffic to and from their critics and competitors.

Of course, getting government involved does generally make things worse. In fact, it already did in this case, since the government has been involved from the beginning, and it was largely government action that created the current problem.

In a rational and unbiased competitive environment, consumers would have a reasonable choice of internet service providers, and any ISP that chose to censor or limit access, would lose customers, and either correct themselves or go out of business.

Unfortunately, we don’t have anything like a free and competitive market in internet access. Government regulation and favoritism has created huge monopolies (or at best duopolies, and no, wireless access is not realistic and reasonable competition given the distorted market and cost structures there either) in internet access.

We’ve reached a point where the telecommunications monopolies that government created and support, are in fact deliberately applying anticompetitive, unfair (and in some cases already unlawful) restraint against their critics and competitors.

Since they are government supported monopolies, the market is not allowed to correct the undesirable private action.

This means that, unfortunately, government action IS required… and even if it were not required, it’s inevitable, because politics is politics, and this is now an “Issue”.

So what do we do about the problem?

Please note, I don’t trust either Democrats OR Republicans on the issue in general, and I don’t trust either, or the FCC to regulate neutrality at all. Cruz does have at least one valid concern, in that the history of government regulation of almost every industry, but particularly technology, is mainly a long record of suppressing innovation and other negative unintended consequences.

The ideal solution is to end the government created internet access monopolies that most Americans live under, and allow free and open market competition to correct the problem.

Without government limitations on competition in actual high speed, high quality internet access; competition will increase, prices will fall, and any provider that filters or slows legitimate traffic will lose all their customers and go out of business.

This isn’t just a prediction or libertarian idealism talking by the way. It’s been proved out in Korea, Japan… even in the UK. Everywhere that internet access competition has been allowed to flourish, everything has improved (conversely, in the U.S. where we have deliberately increased the power and scope of these monopolies, we have the worst internet access of any technologically advanced nation).

Unfortunately, that isn’t going to happen.

The next best thing, is to mandate net neutrality in the least intrusive, least stupid way possible, and to react intelligently (and rapidly) to changes in technology and its uses, to avoid regulatory distortion and suppression of innovation.

Unfortunately, that isn’t likely to happen either…

That said, it’s remotely possible for us get closer to that, quicker, than we can to disassembling the thousands of federal, state, and local regulations, which have created these monopolies, and made the barriers to entry for competition impossibly high.

Of course neither Democrats nor Republicans support or plan to do that.

The whole thing is a spiraling charlie fox of disingenuous cynical idiocy.

Personally, I say forget Obama, forget Cruz, and listen to Oliver (or if you don’t care for Oliver, or can’t watch a video, there The Oatmeal):

 

 

*Reactionary Populist Disingenuous Grandstanding Cynic… not the Republican party, just Cruz

Edited to add a few paragraphs clarifying what net neutrality was, and why it’s currently an issue

SCOTUS Has Accepted Appeal of Case That Could Topple Obamacare

SCOTUS

On Friday, United States Supreme Court agreed to hear the appeal in King v. Burwell. The plaintiffs in that case assert that the Patient Protection and Affordable Care Act only allows tax credits to people who buy insurance “from an exchange established by a state.” The Fourth Circuit Court of Appeal disagreed and ruled that the federal government may interpret that language as allowing tax credits to purchasers who bought insurance on one of the federal exchanges, operating in the more than 30 states that declined to create their own.

On the same day the Fourth Circuit delivered its decision in King, a panel in the D.C. Circuit found for the plaintiffs in a companion case captioned Halbig v. Burwell. This conflict would ordinarily invite SCOTUS to weigh in. However, the D.C. Circuit then accepted a rehearing en banc in Halbig. Thus, even though the King plaintiffs appealed, many observers speculated SCOTUS would wait to see if a conflict really developed, or if after rehearing in Halbig, the courts ended up aligned.

As a result, it is somewhat surprising that SCOTUS accepted the King appeal, and it may signal bad news for the Affordable Care Act. As Nicholas Bagley writing a SCOTUSblog explains:

[F]our justices apparently think—or at least are inclined to think—that King was wrongly decided. … [T]here’s no other reason to take King. The challengers urged the Court to intervene now in order to resolve “uncertainty” about the availability of federal tax credits. In the absence of a split, however, the only source of uncertainty is how the Supreme Court might eventually rule. After all, if it was clear that the Court would affirm in King, there would have been no need to intervene now. The Court could have stood pat, confident that it could correct any errant decisions that might someday arise.

There’s uncertainty only if you think the Supreme Court might invalidate the IRS rule. That’s why the justices’ votes on whether to grant the case are decent proxies for how they’ll decide the case. The justices who agree with King wouldn’t vote to grant. They would instead want to signal to their colleagues that, in their view, the IRS rule ought to be upheld. The justices who disagree with King would want to signal the opposite.

And there are at least four such justices. If those four adhere to their views—and their views are tentative at this stage, but by no means ill-informed—the challengers just need one more vote to win. In all likelihood, that means that either Chief Justice Roberts or Justice Kennedy will again hold the key vote.

If I read this correctly, the speculation is that four (or more) SCOTUS justices agreed to accept the case in order to send a signal to the lower courts still considering challenges to this provision of the ACA. The signal they wanted to send is that those other courts should not necessarily follow King, because SCOTUS might think it was wrongly decided.

A reversal of King (i.e., a finding in the plaintiff challengers’ favor) would seriously undermine—perhaps fatally—the structure of the Affordable Care Act. Fully 87% of the people who purchased policies through the federal exchanges during the first open enrollment period are receiving subsidies. If the government cannot give subsidies to low-income purchasers, it cannot tax them for failing to have the insurance, and the entire system collapses under its own weight. Fewer people can afford the insurance, the risk pool shrinks, costs rise, and more people are forced to opt out.

If on the other hand, SCOTUS upholds tax credits not authorized by Congress, it would be one more in a long line of revisions, waivers, exemptions, delays and modifications made to the law made by the very administration that purports to uphold it.

Jerry Seinfeld — Autistic?

Jerry Seinfeld, universally beloved comedian, has created a bit of an uproar in the autism community. He’s claimed that he believes he’s on the spectrum:

Williams notes that at 60, Seinfeld is still “figuring out who he is. For example: in recent years as he’s learned about autism spectrum disorders, he sees it in himself.”

Seinfeld confirms that, saying, “I think, on a very drawn-out scale, I think I’m on the spectrum.”

“Why? What are the markers?” asks Williams.

“You know, never paying attention to the right things,” says Seinfeld. “Basic social engagement is really a struggle.”

Seinfeld goes on to explain, “I’m very literal. When people talk to me and they use expressions, sometimes I don’t know what they’re saying. But I don’t see it as dysfunctional. I just think of it as an alternate mindset.”

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This is a bit of a pet issue for me, as for years–as soon as I figured out what it was–I’ve believed I have Asperger’s Syndrome*. I’ve never put in the effort to seek an official diagnosis (although I’m getting closer to doing so for several reasons), but knowing the heredity nature of ASD, and then having a son with autism, I’m pretty sure of my self-diagnosis.

Seinfeld sparked a nerve. Several people have suggested that a self-diagnosis isn’t really sufficient (although quite a few autism advocates point out that self-diagnosis is usually the method for diagnosis in adults–usually it is what spurs someone to seek an official diagnosis). Others suggest that a millionaire comedian can’t possibly be autistic. Others are concerned that fitting someone who is as successful as Jerry Seinfeld into the spectrum, with what assuredly must be a relatively mild form of autism, devalues the much more severe autism that many of their children face.

I know. I get it. It’s hard to see someone as funny as Jerry Seinfeld, and think that he has issues with social communication. After all, how can someone who connects with so many people through his art be considered autistic?

But really, it’s not all that far-fetched. I know this won’t sound like something that you’ve heard before, but comedy is possibly one of the most natural places for some folks with high-functioning autism. I say this for two reasons:

  • Comedy, for many people who are considered “misfits”, is a defense mechanism. It’s the “if I make them laugh they won’t beat me up” mentality. This is NOT a new statement about comedians.
  • Comedy is usually predicated on seeing things differently than most people. Most people don’t find regular life funny. They just find it to be regular life. But our human experience in society is riddled with absurdities. I firmly believe that people on the spectrum, who can be over-literal and don’t often understand the subtlety of social interaction, can take an “outsider’s” view of regular life.

For me, comedy is a highly intellectual affair. I love looking at jokes and trying to pick apart why they’re funny. I’ve worked hard to develop my sense of humor, largely through understanding other people, not through the normal method of picking things up naturally. As such, I absolutely hold that “outsider’s view” of comedy. The old Seinfeld trope, “What, is the deal, with that?” is the “outsider’s view” in a nutshell. He’s looking at everything we see every day, but through a completely different prism than we’re used to.

Nor is autism a sign that someone cannot be successful. There are autism success stories all through society. Recently someone had suggested that Bill Gates fits many of the symptoms of autism, and he’s certainly no slouch. In fact, I like to think I’m one of those success stories. I honestly have trouble with social interaction. Yet I have a job that absolutely requires social interaction and relationship-building. In fact, I’m a manager of other people in my career. Many autistics don’t have successful romantic relationships. I’m married to a beautiful woman who is WAY out of my league.

But it’s hard. Really hard, sometimes. I am where I am because I challenge the hell out of myself. I try to take those things where I know I’m not good at something and brute-force my way into making myself good at them. There are instances where it’s terrifying. At a recent conference, I knew I needed to approach a woman who was a marketing manager for a company we work with to discuss something that my company needed. I had to summon the courage to start a conversation with her, completely unprompted and without an introduction (EEK!!!). I forced myself to do it.

For most people, that isn’t an existential victory. The fact that it is, for me, is a sign of my Asperger’s.

As for that beautiful wife who is WAY out of my league? If she hadn’t approached me at a bar 13 years ago, I could very well still be single. In fact, one of the most important developments of our marriage has been my realization that I’m on the spectrum, and her acknowledgment of it. It’s extremely difficult for her to relate to me on several levels, but at least we both understand now where some of those blind spots are for me. It can still be difficult, but at least we’re now on the same page about the fact that we’re completely not on the same page!

My success, or Jerry Seinfeld’s much larger success, shouldn’t be taken as devaluing the much more severe autism that many people face. What we’ve faced is an uphill climb, not a roadblock. I understand the concern of parents who have children with more severe autism, because I’m one of them too. My son, at 5, would still likely be considered non-verbal, even though he’s making progress. I desperately want him to have a chance in his life for the success I’ve had, but the largest fear I have in my entire life is that his autism will be a roadblock, not an uphill climb. A parent who hasn’t had to face that fear is a parent that I envy.

I view Jerry Seinfeld as a welcome addition to the wide range of the autism spectrum. There’s a saying in our ranks that if you’ve known one person with autism, you’ve known one person with autism. We’re all different. Jerry may or may not be autistic. But I have a sneaking suspicion that if he thinks he’s one, he probably is. A millionaire comedian isn’t typical when it comes to autism. But the key is that when you’re talking about autism, typical goes out the window. That may be why we call it a spectrum
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Opening up the Cigar Private Locker

I’m in the middle of fall in the Pacific Northwest. Which means that it’s mostly rainy and grey … and my opportunity to get out and smoke a great cigar is pretty slim. Last week and next week are travel weeks for me and that makes it even more difficult. You have to take advantage of any break in the rain this time of year, but if you’re on the road that’s difficult. Fortunately, Saturday was a beautiful fall day in the Northwest. It was cold, but crisp and clear.

The day was so beautiful and the opportunity so prime, that I had to break out a cigar from my the bottom shelf of my humidor. The top shelf, easy to get to and visible through the glass top, has my sort of daily smoking, less prime cigars. The bottom shelf has the Montecristo Churchills and Oliva Serie V in it. And something very special, as well. I figured today called for the Graycliff Casillero Privada. I bought a mazo of 10 of them a couple months ago. They’ve been in the humidor ever since.

I love Graycliff cigars. And these promised to be special. Casillero Privada, in Spanish, means Private Locker. These are the cigars that the famous Graycliff hotel in Nassau keeps locked away for their VIP guests. But they released a few mazo’s to be sold publicly earlier this year and when they did I grabbed one without hesitating.

And I promised the TLP crew a cigar review. Perfect excuse to light one of these guys up and see if it lives up to expectations.

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Bottom line up front in case this post is tl;dr for you …. This is an absolutely fantastic cigar, but may not be approachable for a novice. If you haven’t smoked much, I would recommend choosing something else. But if you are a cigar enthusiast who enjoys robust, complex, premium smokes then this is the cigar for you.

On to the review

Cigar Overview

This is a Graycliff Casillero Privada PG 5×52. At first sight, the cigar is decent sized with a shaggy foot, giving it a rustic “old school” appearance. The wrapper is dark brown, lightly oily and looks like old leather. It had no obvious cracks, bubbles or other blemishes. The seams in the wrapper and cap are very tight, almost invisible and very few veins are apparent. The unlit aroma was of exotic spices, pepper and black tea, with an underlying barnyard odor that I suspected would turn to a very deeply earthy aroma once lit. The cigar is clearly rolled by hand and does not use a form for assistance. It is not as dense and firm as a form rolled, mass manufactured cigar would be.

Initial Impressions

The Cigar

Lighting the cigar, in spite of the shaggy foot, was easy. I use a Bugatti lighter with 3 jets, which allows for a wide, even lighting. Toasting the end of a cigar is easy with the Bugatti.

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As I said, it lit easily and very uniformly. The first taste was medium bodied and complex, the smoke was cool, the flavor was peppery with a bit of earthiness. The draw was very easy and smooth. The cigar produces a lot of smoke and burns quite clean. First impression was excellent.

First Impressions

I’m drinking Bulleit Rye and soda and this seems like a good choice to start. The rye, with its spice, fruit and hints of maple syrup sweetness should really compliment the earthy, peppery cigar that I’m anticipating.

Bulleit Rye and soda

During the first 1/4 of the cigar I found that the initial complexity was not a fluke. It kept building, with notes of leather in addition to the spice and earth. It is very robust, definitely not for the faint of heart. Within the first inch all sense of the barnyard is gone, replaced with a very lovely earthiness that I am really enjoying. The cigar burns quite evenly and draws very smoothly.

Middle of the Cigar

Mid Cigar

As I work my way into the cigar I find that I was right, the rye and soda is a great choice and really compliments the dry leathery notes in the cigar. The ash is white and even and one inch of ash is not a problem whatsoever. As I move further into the cigar more becomes apparent. Toasted nuts, leather, earthy, peppery. This cigar is very masculine. At the halfway mark the pepper has built to the point that I am getting spice in my nose.

Moving into the second half of the cigar it still burns cool and even and the draw remains smooth. Hints of oak and vanilla begin to appear and the the leather and pepper build even further. This cigar is really amazing. I have yet to find anything negative about it. This cigar is clearly very special, among the elite of cigars.

Final Impressions

In the last 1/3 of the cigar, if it is possible, this cigar blossoms even more. It becomes very robust and much more complex and full bodied. I can taste earthiness overall, but quite a bit of spice, pepper, toasted nuts, leather and coffee, even a bit of cane sweetness. It is clearly hand rolled. The cigar is light in the hand, almost fragile feeling compared to cigars rolled in forms and made in factories. Clearly it is not a mass made cigar. The head has gotten slightly soggy, but not enough to detract from the overall experience.

Conclusions

Graycliff Casillero Privada

First, the score. This cigar absolutely deserves a 95 or 96 score. Definitely on top of the game. This is a cigar for a smoker that appreciates being challenged. Matching it with the right drink is imperative. A bourbon or rye will be a much better choice than wine or a scotch, where the alcohol will vie with the cigar rather than compliment it. I cannot recommend the Casillero Privada highly enough. It really is among the great cigars I have ever had. I have 9 more in the humidor and will be enjoying them over the coming years, seeing how they age and improve over time.

Avelino Lara

Avelino Lara was one of the greats of the cigar industry. Born in 1921, he was the creator of Cohiba and contributed materially to the Davidoff line of cigars. At one point, Lara was the personal roller for Fidel Castro. After retiring in 1996, he moved to Nassau. There he rolled a few cigars for guests at the Graycliff hotel. This did so well that the Graycliff and Lara joined forces to create the Graycliff line of cigars, which are considered by most to be among the finest in the world. As I understand it, the Casillero Privada was the continuation of the original starting point at Graycliff, where Lara was just rolling cigars here and there for guests. After the Graycliff line was started, Lara’s hand-rolled cigars were kept in a private locker, a casillero privada, for the VIP guests.

So, if you want to smoke a cigar that celebrates the heritage and craft of one the greatest cigar makers of all time, this is the one.

Self-Ownership, Voluntaryism , and the Non-Aggression Principle as Explained in 2 Videos

In the course of an election year, its very easy to get caught up in the minutia of the various campaigns and election year issues. This is not to say that these issues are trivial; there were very many issues this election cycle which deserved the attention they received.

That said, I tend to think that immediately after an election is a perfect time for reflection. What is it we believe and why? What are our first principles and are we communicating these principles effectively?

I’ve read from various places that we are coming close to a “libertarian moment” or perhaps one is already underway. I do not know one way or the other to what extent this is true but I find that because outlets like Salon, Slate, and Alternet of the Left and a few anti-libertarian outlets on the Right are spending so much energy trying to convince their readers that such a moment isn’t happening quite encouraging. If libertarian ideas were not gaining at least some momentum these outlets would ignore us as in years past.

Of course these outlets do not make any effort to portray our ideas accurately. Its almost as if they go down the list of logical fallacies and hope their readers won’t do any independent research.

So what are the first principles of libertarianism then? This is a very big question, one which libertarians will often disagree. My view is that the first principles are self-ownership, voluntaryism, and the non-aggression principle (fellow TLP contributor Chris Byrne has a slightly different take worthy of consideration).

The videos embedded in this post do an excellent job illustrating these principles, especially for people who are not very familiar with them. The first video, which I have shared on various other occasions, is called “The Philosophy of Liberty.”

Pretty simple right? Share that video with your friends who get their information from Salon. They may still disagree and say that individuals should be looted taxed to promote social justice and egalitarianism but at least they will be exposed to these ideas.

This second video by Stefan Molyneux called “Voluntaryism: The Non-aggression Principle (NAP)” is slightly more advanced taking NAP to its idealistic conclusion (Molyneux is an outright anarchist and makes no bones about it on his podcasts).

Is this all Utopian pie in the sky? Perhaps. Humanity has a long way to go before we can begin to think about beating swords into plowshares. But this does not mean that we can’t each do our part to move in this direction. Upon closer examination, what it really boils down to is following the Golden Rule, only resorting to violence defensively and as a last resort. This principle remains true whether the issue is foreign policy, local policing, or your own home.

Sixth Circuit Decision Upholding Gay Marriage Bans Invites Supreme Court Review

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On Thursday, the U.S. Court of Appeals for the Sixth Circuit upheld gay marriage bans in Ohio, Michigan, Tennessee and Kentucky. It did so by reversing lower court rulings striking down the bans. This decision puts the Sixth Circuit out of step with the other circuit courts to address the issue thus far (the Fourth, Seventh, Ninth and Tenth). The decision is sure to be appealed, and many observers believe it will be the vehicle by which SCOTUS finally weighs in on the issue.

DeBoer v. Snyder was decided 2-1. The majority decision was authored by Judge Jeffrey S. Sutton. Sutton largely argues that the definition of marriage should not be “constitutionalized” and that change should come from the voters. He maintains that the right to marriage recognized as fundamental in prior SCOTUS cases is defined by, and presumes, a relationship between one man and one woman. He rejects sexual orientation as a suspect classification entitled to heightened scrutiny, and frets that constitutionalizing gay marriage will require recognition of plural marriages.

Having found no need to apply heightened scrutiny to the bans, Sutton finds two rational bases for denying marriage to same sex couples. The first involves channeling straight people’s sexual energies into monogamous, legally binding relationships:

One starts from the premise that governments got into the business of defining marriage, and remain in the business of defining marriage, not to regulate love but to regulate sex, most especially the intended and unintended effects of male-female intercourse. Imagine a society without marriage. It does not take long to envision problems that might result from an absence of rules about how to handle the natural effects of male-female intercourse: children. May men and women follow their procreative urges wherever they take them? Who is responsible for the children that result? How many mates may an individual have? How does one decide which set of mates is responsible for which set of children? That we rarely think about these questions nowadays shows only how far we have come and how relatively stable our society is, not that States have no explanation for creating such rules in the first place.

Once one accepts a need to establish such ground rules, and most especially a need to create stable family units for the planned and unplanned creation of children, one can well appreciate why the citizenry would think that a reasonable first concern of any society is the need to regulate male-female relationships and the unique procreative possibilities of them. One way to pursue this objective is to encourage couples to enter lasting relationships through subsidies and other benefits and to discourage them from ending such relationships through these and other means.

The dissent scores powerful points observing that heterosexuals are already free to follow their procreative urges where they will, and that the unwanted children resulting from such unions suffer when their adopted same-sex parents are precluded from marrying. In any case, Sutton’s second rationale for upholding the bans has to do with principles of federalism:

[O]ne of the key insights of federalism is that it permits laboratories of experimentation—accent on the plural—allowing one State to innovate one way, another State another, and a third State to assess the trial and error over time. …. How can we say that the voters acted irrationally for sticking with the seen benefits of thousands of years of adherence to the traditional definition of marriage in the face of one year of experience with a new definition of marriage? A State still assessing how this has worked, whether in 2004 or 2014, is not showing irrationality, just a sense of stability and an interest in seeing how the new definition has worked elsewhere. Even today, the only thing anyone knows for sure about the long-term impact of redefining marriage is that they do not know. A Burkean sense of caution does not violate the Fourteenth Amendment, least of all when measured by a timeline less than a dozen years long and when assessed by a system of government designed to foster step-by-step, not sudden winner-take-all, innovations to policy problems.

Indeed, this decision creates a conflict among the circuit courts that did not exist (or at least not clearly) back in October, when SCOTUS declined to hear appeals from decisions in the Fourth, Seventh and Tenth circuits striking down similar bans.

Shortly after SCOTUS declined those appeals, the Ninth Circuit also struck down bans.

Collectively, those decisions were reached in a variety of ways: finding that the bans failed under rational basis review; applying heightened scrutiny to restriction of a fundamental right under a due process analysis; or applying heightened scrutiny under an equal protection analysis based on suspect classification or history of animus. However reached, they had the result of making gay marriage legal in 32 states (with three additional states with bans still technically in effect, which will inevitably be struck down).

That left litigation percolating in the Fifth, Sixth, Eighth, and Eleventh circuits. The decision Thursday by the Sixth was the first to break the prior pattern. Most commentators believe SCOTUS will now accept review to resolve the conflict. As Doug Mataconis, writing for Outside the Beltway, explained:

[T]he most important thing about the decisions in these cases is the fact that it creates the split among the Circuit Courts of Appeals that the Justices apparently felt was lacking when they considered the appeals it acted on in early October. … With this decision, though it can no longer be said that there is not a Circuit split since the differences between Judge Sutton’s opinion and those from the other four Circuits could not be more apparent. Thus, the one thing that didn’t exist on this issue in early October regarding this issue can now be said to clearly exist, and the likelihood that the Supreme Court will accept an appeal to this decision would seem to be quite high.

Only four justices need to agree for SCOTUS to accept an appeal. Assuming one is accepted, Mataconis and others predict SCOTUS will rule that the states cannot regulate gay marriage, by a majority consisting of at least Ginsburg, Breyer, Sotomayor, and Kagan, plus Kennedy.[1]

From my own perspective, I do not see how we avoid the leviathan of government once we accept its tentacles are properly applied to the regulation of personal relationships. Even if the collective will was acceptably used to such ends, I have not come across convincing reasons for denying same sex couples access to the same bag of government goodies, incentives and subsidies enjoyed by opposite sex couples. The various theories propounded by opponents of gay marriage are belied by the sound sociological research to the contrary. Plural marriage does not frighten me, both because it does not rise to the same level of constitutional scrutiny as gay marriage—and because it is inherently non-frightening. Finally, I have and will continue to oppose all efforts to force private people, churches or businesses to associate with gay marriages against their will. The same principles that underpin the right to choose a spouse also underpin the right to choose with whom to do business.

I will close with Justice Sutton’s own observation that:

Over time, marriage has come to serve another value—to solemnize relationships characterized by love, affection, and commitment. Gay couples, no less than straight couples, are capable of sharing such relationships. And gay couples, no less than straight couples, are capable of raising children and providing stable families for them. The quality of such relationships, and the capacity to raise children within them, turns not on sexual orientation but on individual choices and individual commitment. All of this supports the policy argument made by many that marriage laws should be extended to gay couples, just as nineteen States have done through their own sovereign powers.

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[1] Kennedy wrote the majority decisions in Romer v. Evans (overturning a Colorado law preventing local governments from enacting anti-discrimination regulations to protect homosexuals), Lawrence v. Texas (overruling sodomy laws), and U.S. v. Windsor (overturning provisions of DOMA allowing the federal government to refuse recognition of same-sex marriages performed by states).

Brad’s Beer Review Sucks This Week

Well, today really sucked. Not going into the how or the why (nor is it something to be concerned about), but it did. Luckily, however, I was out Thursday night and bought two 1L bottles of Lagunitas Sucks. After some Sucks, I care less about the sucky day.
Lagunitas Sucks
Now, many people would wonder why a brewer named Lagunitas would release a beer called “Lagunitas Sucks”. Several years ago, they realized that they couldn’t brew one of their popular seasonal beers, Brown Shugga. They needed a replacement. And they knew their fans would be highly disappointed, so they defused the fan ire by naming their beer Sucks.

That said, the name doesn’t fit. This beer is phenomenal. I don’t usually use terms like “best” when I talk about beer, especially in a category where I enjoy beers so phenomenally as IPA, but this is IMHO the best IPA on the market right now. I say that as someone who drinks West Coast IPAs like southerners drink sweet tea. This is my favorite at the moment. If you have access to it (and with Lagunitas’ increasing distribution footprint across the country, you should), I highly recommend picking it up.

Anyway, on to the stats:

Aroma: You get some citrus in there… Some dank. Some pine/grass. It’s complex and layered. No single hop dominates the aroma yet it doesn’t give one the thought that it’s muddled.

Appearance: Pale/gold, brilliant clarity, bright white head. As a brewer, I’m envious of this clarity. I realize I’ll probably have to start filtering to achieve it (especially with all those hops), but it’s just beautiful.

Flavor: This is a West Coast IPA. It’s hop-forward. It’s supposed to be hop-forward. If tastes #1, #2, and #3 weren’t hops, I’d be disappointed in Lagunitas. But #4 must be malt. Oh yes, it must be malt. This beer has just enough malt backbone and sweetness to stand up to the hops. But not too much. This is a delicate balance. There’s a *slight* alcohol warmth in this one.

Mouthfeel: Medium body. Neither watery or heavy. Perfect for the balance with all the hops and the relatively high ABV of this beer. Again, and perhaps this fits into the theme of “best IPA on the market”, but the mouthfeel is just right for the beer.

Overall Impression: What else can I say? Maybe just this… If you see it, buy a LOT of it. It’s a seasonal beer, and when it leaves the shelves, you’re going to miss it. Of course, it is an IPA, and IPAs should be drunk fresh, so when you buy it, drink it quickly. IPAs fade quickly and that perfect balance I describe won’t be perfect in 6-8 weeks.

Prost!

What Republicans Should Do With Their Victory

Veronique de Rugy, writing for the National Review Online, nailed it in her piece entitled “What the New Republican Congress Should and Shouldn’t Do.” Recognizing the GOP victory reflects frustration with the current administration, rather than endorsement of any GOP mandate, she lists suggestions for what Republicans should and should not attempt in the next few years. I agreed with every item on her list and urge everyone to read it in its entirety.

On her list of Do’s: continuing to work toward repeal of Obamacare and passing as many piecemeal anti-Obamacare bills as possible via budget rules; radically reforming the FDA using the opportunity of its reauthorization in 2015; reforming the corporate income tax (de Rugy proposes doing away with it, but she would settle for lowering it below the rate in other countries); and ending the War on Drugs.

Her list of Do Not’s include: warmongering and nation-building; a federal minimum wage increase; reauthorizing the Ex-Im Bank charter; enacting an internet sales tax; creating any new entitlement program; cutting taxes without paying for it with spending cuts; or increasing spending.

I thought her list was pretty comprehensive, but I have seen good additions from my fellow contributors at the Liberty Papers over the last few days. In a post on his Facebook page, Kevin Boyd added education reform and immigration reform as “Do’s.” In a post-election essay here at The Liberty Papers, he added:

Here’s what the GOP needs to do, they need start giving the American people reasons to vote for them in 2016. Start passing and forcing Obama to veto no-brainer bills on tax reform, spending cuts, healthcare reform, crony capitalism repeal, ending Common Core, etc. Also, the GOP must restrain the Ted Cruz types from picking unnecessary fights for publicity. They cannot let the Tea Party dominate messaging. Finally, Republicans must step up outreach towards minorities and young people, starting now.

I also agreed with Tom Knighton’s conclusion that the GOP should not assume it has been given a mandate for social conservatism on the national level:

[A]lso in Tuesday’s results were…new locations approving marijuana use on some level… Polls show support for marijuana (at least for medical use) and support for gay marriage. Translation: There’s zero reason to believe that the American people actually support social conservatism.

… You see, the American people don’t want that. The[y] like the idea of freedom, more or less.

What about you? Can you think of any other important Do’s or Do Not’s for the new Republican Congress? If so, share them in the comments.

 

Which Party Are Libertarian Party Candidates Drawing From? You’ll Be Surprised To Know Which One It Is

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Conventional wisdom holds that Libertarian Party candidates draw votes away from Republican candidates. However, some exit polling from Tuesday’s midterms shows that wisdom may not be true.

Reason‘s Brian Doherty looked at the exit polling in North Carolina and Virginia and found that it’s not necessarily true.

It isn’t common for Democrats to accuse Libertarians of “spoiling” elections for them, but a look at NBC News exit polls show that Haugh voters indeed came more from people who consider themselves “moderate” (5 percent of self-identified moderates went Haugh) and even “liberal” (4 percent of liberals voted for Haugh) than from conservatives (only 2 percent of whom voted for Haugh). Those were the only three choices for self-identification.

Only 1 percent each of self-identified Democrats or Republicans voted Haugh, while 9 percent of Independents did. (Those again were the only choices.) (Independents otherwise went 49-42 for Tillis over Hagan.)

In other exit poll results, Haugh’s portion of the vote fell pretty steadily as age groups got older—he got 9 percent of the 18-24 vote, and only 2 percent of the 50-and-over crowd.

Haugh did strongest among white women in race/gender breakdowns, with 5 percent of that crowd, and only 1 percent of black men or black woman—and no polled number of Latino men or women.

Other interesting Haugh exit poll results: His overall man/woman breakdown was the same, 4 percent of each in the exit poll. Haugh’s numbers got progressively smaller as voter income got bigger—he earned 6 percent of the under-$30K vote but only 1 percent of the over-$200K vote. Libertarians aren’t just for plutocrats.

As Doherty points out in an earlier piece, Sean Haugh, the Libertarian candidate in North Carolina, ran as a left-libertarian who was generally opposed to cutting social services. As for Robert Sarvis, the Libertarian candidate in Virginia, Doherty believes that Sarvis may have cost Ed Gillespie the Senate race. However, Sarvis e-mailed Doherty and says otherwise:

One can’t assume the 3 percent Rs would be voting [Gillespie] in my absence—it’s quite likely these R voters would have joined the 7 percent of Rs voting for Warner. Polls throughout the race showed Warner enjoying double-digit support among Rs, and a fair number of Rs told us they can’t stomach voting for [Gillespie]. A lot of business-type Republicans consider Warner acceptable, so probably many Rs who really disliked [Gillespie] voted for me because I was preferable to Warner, but would otherwise have voted Warner not Gillespie. So those R Sarvis voters were “taken” from Warner not Gillespie.

Similar thing happened last year, with pretty high certainty. A poll in September showed that *among Sarvis supporters*, 60+ percent had a favorable opinion of Gov. McDonnell, but 70+ percent had an UN-favorable view of Cuccinelli. So I was a vessel for moderate, R-leaning, anti-Cuccinelli voters who preferred voting for me to voting for MacAuliffe, i.e., I “took” moderate R votes from MacAuliffe.

Moreover, my share of the Independent vote clearly skewed younger, so from voters not inclined to vote D than R.

I agree with Sarvis’s analysis of his own voters, that they’re moderate and left-leaning. Sean Davis at The Federalist analyzed the 2013 Virginia Governor’s race that Sarvis brought up in his e-mail to Doherty and found that Sarvis may have actually helped Democrats in that race. As Ben Dominich, also at The Federalist points out, Sarvis ran on some progressive-leaning positions on economics in the 2013 race. I’m sure Sarvis simply held on to some of these 2013 voters.

Back to the 2014 race, Davis tweeted this about Sarvis and Virginia:

This is the culmination of a progressive shift within the libertarian movement that is gaining traction, particularly within the Libertarian Party. Many so-called “second wave libertarians” and “millennial libertarians” are trying to merge progressivism and libertarianism to form a left-libertarian fusion of sorts. Also, most conservative-leaning libertarians and “conservatarians” (who are still the vast majority in the liberty movement) have already rejoined or never left the Republican Party.

So the party that needs to worry about the Libertarian Party, most of the time, are the Democrats, especially as the LP continues to shift towards the left.

Can We End the Insulting “War on Women” Meme Now?

Lady Parts

Colorado Senator Mark Udall has a strong record of fighting back against surveillance state abuses. If I lived in Colorado, I would have considered voting for him, as the lesser of two evils, on that basis alone. Instead “Senator Uterus” squandered that advantage by running on the phony and demeaning “war on women.” Let us hope his defeat, along with that of Wendy Davis, sends this insulting meme to the quick death and deep burial it deserves.

Even the use of the word “war” is offensive.

War is the Rape of Nanking. It is the Sebrenica Massacre. War is the Rwandan Genocide. It is 45 million people dead in four years under Mao Ze-Dong and twenty million murdered or starved under Stalin.

War is the freakin’ Holocaust.

Acid attacks, honor killings, forced marriages, slavery, and stoning. Those things might rise to the level of a “war on women.”

Having to pay for your own birth control does not. Neither does a deadline of twenty weeks to terminate a pregnancy. If the wage gap was real (it is not), even that does not constitute “war.”

Using that word to describe anything experienced by women in the 21st century in the United States is an insult to my fortitude and intelligence, and to the victims of real wars all over the world.

But the meme does not stop there. It doubles down on this heaping pile of insult by treating certain issues as inherently interesting to women.

I am more than the sum of my “lady parts[1] and the issues inevitably lumped together under the rubric “women’s issues” hold little interest for me.

Abortion has been protected since 1973. Only 28% of women believe it should be legal in all circumstances. Like 72% of all women, I am not one of them. The wage gap has been massively and repeatedly debunked.[2] The right to purchase and use birth control has been protected since 1965, and I have been able to afford it since I took my first job as a teenager. To the extent I have political concerns about birth control, it is to support over-the-counter availability, as proposed by Udall’s Republican challenger, or to wonder: If birth control is so unaffordable, how are women to pay for the health insurance policies covering birth control as just one of many expensive mandates?

Here are my issues: I think the growth of the surveillance state is an unacceptable trade-off in the fight against terrorism. I worry that the U.S. is crossing moral lines in its reliance on drone warfare, and that we are getting bogged down in never-ending conflicts in the Middle East. I fear our overseas interventions constitute sprinkling water on little terrorist Mogwai. I want non-violent drug offenders released from prison and reunited with their families. I worry about inflation in consumer prices outpacing real increases to income. I believe free markets produce the most beneficial results and that minimum wage laws destroy jobs and harm low-income workers. I think government debt and deficits are immoral and untenable burdens to pass on to our children. I am opposed to restrictions on political speech.

I care passionately about each one of those things.

When politicians suggest I should instead be focused on free birth control or manufactured outrage over phantom discrimination, it is like they are saying, “Oh, don’t worry your little head about those other issues. Those are for the menfolk to work out.”

It is like I am being patted on the head and told, “You’re pretty smart…for a girl.”

To those on the left who want to keep this meme alive, please watch this video of a woman fall down, get back up and start running again. Then consider whether you really want to tell us you think buying our own birth control is too hard.

[1] Unlike man parts, lady parts are protected by U.S. law, both figuratively—as set forth in this post—and literally.

[2] When economists control for educations, occupations, positions, length of time in the workplace, hours worked per week, and other similar variables, the gap narrows to pennies on the dollar. It may not exist at all, since even the remaining gap may be explained by “legitimate wage differences masked by over-broad occupational categories,” lumping together such disparate professions as sociologists and economists or librarians, lawyers and professional athletes.

Mandatory Ebola Quarantines: Constitutional or Fear-Mongering?

Last Friday, a federal judge ruled that the state of Maine could not force a mandatory ebola quarantine on nurse, Kaci Hickox, who recently returned to the U.S. from Sierra Leone. According to CNN:

District Court Chief Judge Charles LaVerdiere ordered nurse Kaci Hickox, who recently returned to the United States after treating Ebola patients in Sierra Leone, to submit to “direct active monitoring,” coordinate travel with public health officials and immediately notify health authorities should symptoms appear. Another hearing is scheduled for Tuesday.

Hickox was held under quarantine in New Jersey after she returned to the U.S. because she had broken a fever. Since then, Maine, New York, Florida, Illinois, California, Georgia, Connecticut, Maryland, and Virginia have enacted some form of mandatory quarantine of some level or another. I’ve heard a lot of people, even within libertarian circles, arguing in favor of the mandatory quarantines. I think that these views are largely based on fear and misinformation. First, are these mandatory quarantines even constitutional? Let’s do a brief constitutional analysis.

By forcing a mandatory quarantine on someone, the state is taking away their liberty. Under the Fifth and Fourteenth Amendments, the state may not deprive one of “life, liberty, or property without due process of law.” Therefore, quarantines are a matter of substantive due process. (For a brief tutorial on substantive due process, click here). The courts will have to apply a strict scrutiny test because one’s liberty is a fundamental right. There are three prongs to a strict scrutiny analysis:

  • (1)  The government must have a compelling interest in the law which would restrict one’s liberty;
  • (2)  The government must narrowly tailor the law to meet that interest; and
  • (3)  The government must use the least restrictive means possible to meet that interest.

Does the government have a compelling interest in enforcing mandatory quarantine laws for people who exhibit symptoms of ebola? Absolutely! The government certainly has an interest in protecting its citizens from a deadly disease. There really isn’t much of a question here. The government can easily prove this prong of the strict scrutiny test. No problems yet.

Are mandatory quarantine laws narrowly tailored to meet the government’s interest of protecting citizens from deadly diseases? Maybe. This is where it becomes a bit tricky. Some states enacted laws which would require anyone who has had any contact with an ebola patient or anyone who recently visited areas of Africa known to have the ebola virus to be quarantined for at least 21 days, despite not showing any symptoms of the virus. This is clearly not narrowly tailored to protect the public from this deadly disease. Other states require the quarantine only if there has been a known exposure to ebola such as splashing bodily fluids or a needle stick. This is much more narrowly tailored to meet the government’s compelling interest. In the case of Ms. Hickox, her quarantine was not narrowly tailored to meet the government’s compelling interest because she was showing no actual symptoms of ebola. Therefore, I do not believe that her quarantine was constitutional. However, I could see cases where a quarantine would be constitutional, such as the case of Thomas Eric Duncan, the first person to die from this disease, and the staff who treated him. In those cases, where the patients showed symptoms of ebola, a 21-day quarantine would be justified.

Are the mandatory quarantine laws the least restrictive means possible to meet the government’s compelling interest? No! Not in these cases. In the case of Ms. Hickox, she was originally quarantined in a New Jersey hospital for 21 days. This is certainly too restrictive because she showed no real signs of the ebola virus other than having a fever. When she returned to Maine, officials wanted her to stay in her home for 21 days. While this is less restrictive than the hospital, it is still unconstitutional because of the restrictive nature of the order:

Late Thursday, the judge had ordered stricter limits on Hickox, requiring that she “not to be present in public places,” such as shopping centers or movie theaters, except to receive necessary health care. The temporary order permitted her to engage in “non-congregate public activities,” such as walking or jogging, but said she had to maintain a 3-foot distance from people. And it forbade her from leaving the municipality of Fort Kent without consulting local health authorities.

I think that Judge LaVerdiere got it right when he lifted the restrictions that she not be present in public. I do agree that she should submit to regular checkups and screenings, but only because I think that it is the responsible thing to do and Ms. Hickox seems to agree:

Standing with her boyfriend Ted Wilbur, outside their home in Maine, Hickox told reporters the decision was a “good compromise” and that she would continue to comply with direct active monitoring.

“I know that Ebola is a scary disease,” she said. “I have seen it face-to-face. I know we are nowhere near winning this battle. We’ll only win this battle as we continue this discussion, as we gain a better collective understanding about Ebola and public health, as we overcome the fear and, most importantly, as we end the outbreak that is still ongoing in West Africa today.”

Therefore, mandatory quarantines are likely to be unconstitutional if the patient tests negative for the virus or shows no symptoms of having the virus. However, mandatory quarantines are more likely to be constitutional for patients who have shown symptoms of the virus or tested positive.

This is where we need to separate a legitimate concern from fear-mongering. I’m no doctor, so I’ll let the experts from the Mayo clinic explain what ebola is, its symptoms, causes, and risk factors. According to the experts, ebola is spread through blood, bodily fluids, mostly in Africa, and not through the air. Should we be concerned? Absolutely. Should we be fearful of every person who comes in from Africa and institute travel bans for anyone seeking to come into the country from those areas? Absolutely not! in fact, the chances of you getting ebola are about 1 in 13.3 million, which is less than being killed in a plane crash (1 in 11 million), being killed by a lightning strike (1 in 9 million), or being killed in a car accident (1 in 9100). So if you decide to be fearful of ebola, I would recommend that you don’t fly anywhere, stop driving, and don’t go outside while it’s raining. You’re more likely to die from those than from ebola. For the rest of us, we will just continue to live our lives.

TLP Round Table — The Abortion Issue

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Here at The Liberty Papers, we don’t like to shy away from controversial issues. So we’re going to talk about abortion this week.

As you can expect, there are a wide variety of stances on this issue, just like the country at large. Some contributors refused to participate because they were personally uncomfortable with the topic.

Abortion related legislation is always in the news and it seems as if it’s on the ballot every year and this year was no exception. Colorado rejected an initiative to add “unborn human beings” to the criminal code. North Dakota rejected a “right to life” amendment that would’ve protected unborn children. However, Tennessee passed an amendment to the constitution that explicitly rejects the right to an abortion.

Chris Byrne:

I can write my position in five lines not three paragraphs… the problem is that to understand it in anything but the most simplistic way (which is to say, to have any meaningful understanding of it at all) you need to have a lot of background in morals and ethics.

There is a fairly sophisticated… unfortunately too sophisticated for most people… moral and ethical concept, of non-relativist conditional morality and ethics.

There’s actually a few thousand pages worth or moral and ethical philosophy that goes into understanding these concepts fully of course, but essentially it can be grossly oversimplified by the idea of “least bad” decision making.

Some problems or questions have no good answers or solutions, only more or less bad, more or less wrong, more or less optimal etc…

Or, there may be such answers, but the person making the decision does not have the ability, the information, the tools, or the time, to do so; or the circumstances are such that a “good” or “right” or optimal answer cannot be made in the time required.

When a person cannot make a good, or right decision; the only moral, or ethical choice, or the optimal choice; is to make the LEAST bad, or wrong, or suboptimal choice.

Most people are with you up to this point.

The problem spot, where you lose a lot of people, is this…

Making the least bad decision for the circumstances, STILL DOES NOT MAKE IT RIGHT.

You can “do the best you can”, or “do the best thing for everyone”, and still have committed a moral or ethical wrong.

This is where a lot of peoples brains short circuit. The concept that they “did the right thing given the circumstances”, but were still morally or ethically wrong. Many folks really cannot understand or accept this. Their hardwired moral and ethical understandings don’t allow for anything other than “right”, “wrong” or “somewhere in between”. The notion of being both wrong, and right-ish, doesn’t work.

So, given that, here is my very simple and easy to understand position on abortion

1. Abortion is always morally wrong, usually ethically wrong, and frequently of suboptimal utility

2. Sometimes, having an abortion is LESS wrong than not having an abortion

3. I do not have enough information, intelligence, knowledge, or wisdom to make such a decision for anyone else. Neither does anyone else.

4. I do not have the moral or ethical right to do so. Neither does anyone else.

5. Any person, group, or government attempting to make such decisions for anyone else, or make any laws regarding such decisions, will only and always make everything worse for everyone.

Matthew Souders:

This government was founded on the belief that all people were created equally – that they were endowed by their creator with inalienable right, and that among those rights are life, liberty, and the pursuit of happiness. The central question of Roe vs. Wade was not whether the right to life applied to all people, but whether an unborn child was considered human under the law. The science is settled on this question. The latest, according to all credible scientists, that life can possibly be said to begin is at implantation. I am not as far to the right o this issue as some, in that I don’t believe that the morning after pill is an “abortion causing” drug. But I am a scientist who believes in the core founding principles of both the scientific method and the American Founding.

The first job – and the most crucial – of any government is to defend lives (the national defense, the maintenance of civil law and order, and the prohibition of the taking of lives). Both my particular spiritual belief and the science agree that abortion ends a human life and denies that life of due process on top of its’ inalienable right to that life. As such, I do not believe government is taking a moral stand any more controversial than laws against murder – which no one finds controversial in the slightest.

But here’s a libertarian addition to that basic position: not only does abortion take away a person’s right to life, but it is a part of a larger cultural movement toward treating all lives as commodities – as entries on a balance sheet. The fundamental arguments in favor of abortion tend to center around the financial burdens of unwanted children both on the state and on the mother. Here’s the problem – the minute we allow government to take an active (and controversial, scientifically) moral stand on abortion by making it legal, and in so doing sanctify the government’s role in deciding which lives are worth protecting, we empower politicians to argue in favor of all other manner of life-ending government interventions, from “end of life” healthcare rationing to forced sterilization of the poor and the prison population (already happening in California for prisoners!) to outright eugenics (nearly happened during FDR’s presidency and abortion’s biggest advocates are mainly people who argue in favor of eugenics). The risks of government deciding which specific types of murder are OK are far, far too great to let them enter this arena. Which leaves us with the opening question. Is a pre-born child a human life? That’s not even a question to anyone who is remotely objective on the issue.

Brad Warbany:

“This is a hard topic. I’m personally uncomfortable with abortion. Had anyone I had “relations” with in my life fallen pregnant unexpectedly, I can’t even fathom the idea of doing anything other than raising the child. Luckily, it’s not a position I’ve ever had to be in. The one woman in my life who I know has had an abortion is a woman who I am terrified will one day reproduce. My wife and I have cut her out of our lives after we had kids because we think she’s a toxic personality and don’t want her around us or our children. So as uncomfortable as I am with abortion, I’m not upset that that woman had one.

I’ve already touched this third rail here. In short, there is some point at which a zygote progresses to become a fetus and eventually a baby, and I am conflicted at to which point in the chain that entity becomes a human deserving of rights. I don’t think I’d support legal punishments for anyone aborting a pregnancy in the first trimester. At that point I don’t think there’s a viable consciousness yet. I think I would support punishment in the third trimester, because at that point you’re talking about a baby that would be viable outside the womb. If you can’t make a decision to terminate a pregnancy by the third trimester, at the very least continue it and put the child up for adoption. The second trimester is a grey area, and I hate the idea of throwing people in jail for a grey area.

I say this as someone who experienced two early-term miscarriages with my wife before we successfully had kids. When you lose a baby at 10 weeks, although it’s very sad, it’s mentally the loss of a potential baby. Someone I know who miscarried at 7 months was a completely different situation. That was tragic. This difference informs me that there truly is a qualitative difference between a first-trimester fetus and a third-trimester baby.

I realize my answer is a highly unsatisfying middle ground that will probably make the pro-life and the pro-choice people both hate me. So be it.”

Stephen Littau:

The abortion issue seems to be an issue one is either 100% in favor or 100% opposed. The reality is though, that most people can probably come to some common ground on the issue. For most people, it comes down to where the line should be drawn for when a pregnancy ought to be terminated.

The politics of this issue, however; is being driven by the extremists on both sides (for a very cynical reason: politics). Anti-choice extremists wish to take certain forms of birth control off the market based primarily on religious and/or philosophical ideas (rather than medical science) about ‘when life begins’ (some go even further arguing that ‘every sperm is sacred;’ ejaculation should only occur if procreation is at least theoretically possible). Pro-choice extremists on the other hand believe that women should have the right to have an abortion up to the time the baby exits the birth canal (some even think it should be legal to kill a baby right after delivery).

There does seem to be at least some wiggle room among those on the anti-choice side as some will argue that abortion should be legal in cases of rape, incest, and when the life of the mother is in peril. The very idea that a woman should be forced to carry a baby to term that was a result of a rape is repugnant. That said, I don’t know how this would work as a practical matter. What is the burden of proof for a woman seeking an abortion who claims she was raped? The honor system? A criminal conviction for a crime that is very difficult to prove? (Men are already victims of being falsely accused of rape as much as 45% of the time; imagine if this incentive was added?)

I just want to caution my anti-choice friends that as with all legislation, there will be unintended consequences and women will still have abortions. If you really want fewer abortions (as all decent people should), you should be more tolerant of the use of birth control (this includes the morning after pill) and try to persuade women to keep their children or put them up for adoption instead of using the force of government against women in a difficult situation.

Sarah Baker:

The legal and philosophical framework of Roe v. Wade was sound. The woman’s right to autonomy must be balanced against the state’s legitimate interest in protecting life. Up until a certain point, the woman’s interests are overriding. Past a certain point, the state’s interests become overriding.

The difficulty is determining at what point that shift occurs.

As technology and scientific knowledge advance, we know more about the attributes of developing life. But only philosophy can answer what attributes entitle it to protection. A heartbeat? A brainstem? The capacity to feel pain? A preference for continued existence? The ability to fight for survival?

A decade ago, a colleague came back from her obstetrician’s appointment with a series of still shots of her 14-week old “fetus.” I believed then and continue to believe with my whole heart that what I saw that day had a soul. I therefore draw the line no later than, and possibly before, the end of the first trimester.

Kevin Boyd:

I’ve written on this topic before elsewhere and I generally stand by my latest previous writing on it. I’ve changed my views on this topic over the past few years based on experience.

While I oppose legalized second and third trimester abortions, I do believe that the best way to reduce the number of abortions (which should be the ultimate goal here) is to work through the culture. Christians and others who are pro-life need to support things such as crisis pregnancy centers, promoting adoption, and yes charities to help the families who are afraid they cannot afford to raise the children. We should also support increased access to birth control and more comprehensive sex education.

As for the first trimester, while I do believe that abortion for the sake of convenience is immoral and is murder, I have serious concerns about whether or not it is actually enforceable. Most natural miscarriages take place in this period and sometimes take place without the woman knowing she’s pregnant. So put me down as an undecided on this one.

What do you think? Please tell us in the comments below!

 

What the GOP shouldn’t take Tuesday’s results to mean

Tuesday night was a special night for Republicans throughout the nation. Big wins in key races handed the GOP control of the Senate to go along with their control of the House, to say nothing of big wins putting more governor mansions in the red. Needless to say, life on the right is good right now.

However, it’s important to understand what those results don’t mean. » Read more

What Does Last Night’s Big Win For The GOP Mean?

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The GOP gave Democrats a major ass-whipping across the country. As for writing, the GOP took the majority in the U.S. Senate and gained 7 seats, with a likely gain in Alaska and Louisiana going to a December runoff where the GOP is favored. The GOP also won 14 seats in the House as of writing to expand their majority there. Finally, where the GOP made unexpected gains was in the governor’s races where instead of losing governorships as expected, they gained 3.

Here’s what I think this big night means to the GOP.

1) A Clear Repudiation Of Barack Obama

The American people gave their verdict on President Obama and “hope and change” and they were not pleased. All Republicans had to do was play it safe and make “Obama sucks” their whole message and it worked. It was not only enough to drag good candidates such as Cory Gardner who defeated Mark Uterus, I mean, Udall in Colorado after Mark Uterus ran probably one of the most offensive reelection campaigns in memory. However, the real test of a wave is if it’s good enough to drag mediocre candidates across the finish line and it was. The mediocre Thom Tillis was dragged over the finish line as he defeated Kay Hagan in North Carolina.

2) The Governor’s Races Were The Surprises

Raise your hand if you had Republicans winning the governorship of Maryland and by almost ten points? That’s what happened last night when Larry Hogan defeated Anthony Brown in a stunning upset. Also, while this isn’t as big of an upset, Bruce Rauner defeated Pat Quinn, who is one of the worst governors in the country, in Illinois. Republicans also won in Massachussetts. Paul LePage survived in Maine, while Rick Scott won the battle of the scumbags in Florida. Sam Brownback also survived his reelection challenge in Kansas. Scott Walker won again in Wisconsin. Also, Wendy Davis was crushed in her bid to become governor of Texas.

3) The Initiatives Were A Mixed Bag For Liberty

Let’s get the bad news out of the way. Washington State approved mandatory background checks for all gun purchases. Maui approved mandatory GMO labeling. Florida rejected medical marijuana. Nebraska, South Dakota, and Arkansas voted to increase their state’s minimum wage to above the Federal level. Arkansas also rejected legalizing alcohol sales throughout the entire state. New Jersey expanded pretrail detention for criminal suspects and North Carolina weakened the right to trial by jury by allowing summary judgement. North Dakota rejected an initiative that eliminated the requirement the majority ownership stake in a pharmacy be owned by a pharmacist, which protects cronyism.

There were however some good news for liberty on the initiative front. Oregon and Washington D.C. legalized marijuana and Alaska is likely to do the same once the votes are certified. Tennessee banned their state government from imposing a state income tax. North Dakota banned the state from imposing taxes on the sale of real estate. Oregon defeated the “Top 2″ primary system, so party affiliation still means something in that state. Massachussetts repealed a law that indexed gas taxes to inflation. Colorado defeated mandatory GMO labeling. Georgia passed an income tax rate cap which states that income tax rates cannot be raised past the current top rate. Colorado also passed a requirement that school board meetings having to do with collective bargaining must be open to the public. Finally, Alabama passed protections on the right to keep and bear arms.

4) Third Parties Are Still Not Here Yet

Last night was more disappointment for third party candidates. In most races, they failed to top 5%, if that. Unless the system changes, that won’t likely change. The two major parties act as coalitions and fufill the role that coalition governments play in other countries.

5) Now Is A Major Opportunity For The GOP

You can argue the GOP played it too safe this year. A more bold candidate than Ed Gillespie would’ve likely won in Virginia. Perhaps the GOP should’ve spent additional resources in New England.

Here’s what the GOP needs to do, they need start giving the American people reasons to vote for them in 2016. Start passing and forcing Obama to veto no-brainer bills on tax reform, spending cuts, healthcare reform, crony capitalism repeal, ending Common Core, etc. Also, the GOP must restrain the Ted Cruz types from picking unnecessary fights for publicity. They cannot let the Tea Party dominate messaging. Finally, Republicans must step up outreach towards minorities and young people, starting now.

All in all, I don’t expect much change to result from last night. After all, Barack Obama is still President. Republicans, if they’re smart, can start laying the groundwork for victory in 2016 though.

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