Saturday, July 6, 2024

Unconstitutional Law

Saturday, June 29, 2024
I don’t know what the Democrats should do now, but they should do it quickly so I can open my eyes again.
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The United States changed dramatically during the 20th century. While the Civil War in the 19th century threatened to tear us apart permanently, its end returned us to a relatively steady state for many decades. Then, two developments changed us forever. 

The civil rights movement had a massive social and  political impact; millions of Black citizens entered the political process and party loyalties reversed for a large portion of the population. Momentum for the civil rights movement gathered in the 1930s leading to Brown v. Board of Education, 347 U.S. 483 (1954), the Civil Rights Act of 1964 (public accommodations) and the Voting Rights Act of 1965.

More or less simultaneously but independently, a critical institutional change was occurring in our government. The New Deal created a collection of Alphabet Agencies to deal with the increasing complexity of modern life: Securities and Exchange Commission (SEC), Federal Communications Commission (FCC), Federal Housing Authority (FHA), Federal Aviation Agency (FAA) f/k/a Civil Aeronautics Authority, Federal Deposit Insurance Corporation (FDIC), National Labor Relation Board (NLRB), Social Security Administration (SSA) f/k/a Social Security Board, among others. The Food and Drug Administration (FDA) notably preceded them and the Environmental Protection Agency (EPA) succeeded them. We policy wonks refer to them collectively as the Administrative State. Of course, these agencies did not just observe, they regulated and, therefore, drew the neverending ire of the business community and their handmaiden, the Republican Party.

Until recently, the courts respected the legitimacy of the Administrative State. Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). Generally, "a court may not substitute its own construction of a statutory provision for a reasonable interpretation made by the administrator of an agency." Except if you have a majority of Supreme Court members groomed and selected to regard partisan objectives. On Friday, the Supreme Court overturned Chevron. "Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority," spake Chief Justice Roberts for a 6-3 majority. Elena Kagan responded futilely, "A rule of judicial humility gives way to a rule of judicial hubris." And that's why elections matter.

Sunday, June 30, 2024
Speaking of elections, our friends in Great Britain are facing a parliamentary election on July 4th, a bit of patriotic irony. Prime Minister Rishi Sunak, the richest person to have ever held the office, has tried to connect with voters by citing his childhood privation. "There'll be all sorts of things that I would've wanted as a kid that I couldn't have. Famously, Sky TV, so that was something that we never had growing up actually."

This brought back my own painful memories of visits to Chinese restaurants only once every four months, one black and white television for the entire family, sharing a bedroom with my brother and having clamp-on roller skates instead of shoe skates. 
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I am sure that none of you can be described as average or typical. Still, you should be aware of the current state of real estate financing. “Buyers Need a $127,000 Down Payment to Afford a Typical Mortgage Payment.” 

It’s obvious that many people do not have $127,000 lying around to enter into home buying. In some parts of the country, a far larger amount is required because of elevated property values. Much of California, the New York metropolitan area, Miami and Seattle, for instance, require high six-figure down payments in order to arrive at a monthly mortgage payment manageable on the median income in the vicinity. The overall result is that 43% of last year’s homebuyers surveyed got financial assistance from family, according to the Zillow analysis. Again, congratulations on not being typical.

Monday, July 1, 2024
Happy Birthday, Eliane, seven time zones away right now.
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Today’s paper examines the issue of ghosting in the dating world, stopping communication suddenly with a person after one or more congenial encounters. 
https://www.nytimes.com/2024/07/01/well/ghosting-dating.html?smid=nytcore-ios-share&referringSource=articleShare

As a dating veteran with more than two decades between marriages, I have ghosted and been ghosted countless times. It’s certainly not the nicest way to end even a casual relationship, but consider the alternative. “Hi, Sally. It’s Alan, Alan Gotthelf, from the other night. That was a nice evening at your school’s lacrosse game. However, I’m calling to tell you why I’m never calling you again.” 

Which end of that conversation do you want to be on? 

Tuesday, July 2, 2024
Rubik’s Cube is 50 years old and I still haven’t solved it.
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I was in midtown today to make a deposit in my periodontist’s grandchildren’s 529 college savings account. At least, it gave me the opportunity to continue my journey through Sandwichland by having lunch at Alidoro, 18 East 39th Street. It’s a casual joint. You order at the counter, get one of those buzzers and find a seat if you’re staying in at either a communal table for eight, one of two high tables for six or several ledges against the wall. Alidoro has five other sites, all apparently embedded in food courts, four in Manhattan, one in Brooklyn.

I ordered the Huxley, uncertain whether it was named for the author or his evolutionary biologist brother or maybe someone’s cat. On a large seeded ciabatta, 8”x2-1/2”, it held roast beef, aged white cheddar cheese, pickled red onions, arugula and horseradish cream ($16.50). It was very good, but not as memorable or monumental as the #9 at Milano uptown last week. And that’s a key point, real estate accounts for much of the difference.

Wednesday, July 3, 2024
Today is Birthday Day. We celebrate Aryeh Gold, Nate Persily, Meredith Silverman, George M. Cohan, Franz Kafka and, of course, David Goldfarb, who would have been 95 years old today. Accordingly, a group of us gathered at Pastrami Queen, 136 West 72nd Street, to remember him. David was a recognized savant in wine, cheese and tomatoes, but never established a reputation in knishes. 

We each ordered individually. I had a corned beef and tongue combination sandwich and split a potato knish with Mel Scult, washed down with Dr. Brown’s diet cream soda. There were pickles and coleslaw for all. We divided the check evenly, $40 each including a large tip for the extra time and space that we occupied. Had David been with us, we would have sat for at least another hour.

Thursday, July 4, 2024
In the United States it is Independence Day; in the United Kingdom it is apparently Labour Day.

Friday, July 5, 2024
With my niece and her three children in the vicinity visiting my brother, we all headed to Seasons 52, 217 Lafayette Avenue, Edison. Although this national chain has 42 locations, I only know it by the proximity of this one unit to my brother’s residence. This narrow exposure has been sufficient, though, to make me a fan.

With seven people at the table, it was hard keeping up with who had what. I managed to protect my claim, however. I started with a cup of summer corn soup, a smooth, rich chowder ($7). My main course was “Wood-grilled Kona crusted lamb loin,” a delicious chunk of meat with six spears of roasted asparagus and a small scoop of mashed potatoes ($32.50). I skipped dessert, mostly on principle. They offer some imaginative concoctions, but in the tiniest portions.
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Keir Starmer is about to become the next British Prime Minister. Victoria, his wife, is Jewish and follows Jewish customs in their household. https://www.linkedin.com/posts/zvikaklein_ukelections-leadership-antisemitism-activity-7214980650477490176-AHrB?utm_source=share&utm_medium=member_ios
 
On my next trip to London, I’ll have to remember to bring them a babka.

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