Categories
initiative, referendum, and recall

Pols Don’t Like Recalls

California State Senator Josh Newman has, for now, withdrawn a bill to let elected officials facing a recall see the names of petition signers so that they may be asked if they really mean it.

The Democrat complains that critics call his bill “an attack on not just the recall but on them and their constitutional rights. It wasn’t a good context to have a conversation.” 

So unfair!

The willingness of defenders of petition rights to speak up does sound pretty inconvenient for foes of this popular democratic check on power.

Perhaps we’re supposed to believe that under Newman’s legislation, the interviews would go like this: “Did you mean to sign the petition to recall me?” “I did.” “Just checking. Bye.”

Obviously, the targeted official’s opportunity and authority to quiz petition signers would enable his team to intimidate existing and prospective signers. The aim? Try to prevent a question with enough valid signatures from reaching the ballot.

Years ago, in other states, opposition campaigns sent retired FBI agents to knock on doors. Legal, but very intimidating. Which is why California does not make the names public.

The legislation would not have applied to the current petition drive to recall California Governor Gavin Newsom, an effort going splendidly with more than 1.5 million signers. But Newman’s bill was clearly motivated by the success of this campaign. 

Or perhaps it’s residual animosity toward the recall process . . . from Sen. Newman himself, having been recalled by voters in 2018. (He came back to win election once again in 2020.)

Of course, signing a petition in itself says “I want this question on the ballot.” If a petition signer changes his mind, there is a process to retract it. No bullying follow-up needed.

This is Common Sense. I’m Paul Jacob.


PDF for printing

Photo by Gage Skidmore

See all recent commentary
(simplified and organized)

See recent popular posts

Categories
Common Sense

The Price of Freelancing Is Eternal Vigilance

Californian voters have largely reversed an assault on “gig” workers in that state by passing Proposition 22.

Prop 22 is a response to Assembly Bill 5, enacted in California in 2019. The idea was to reclassify many freelancers so that companies could no longer treat them as independent contractors. Instead, to keep giving them work, companies would have to convert erstwhile freelancers to regular employees.

Doing so would mean paying additional costs. Instead, many companies simply stopped working with California-based freelancers. Freelancers of all ideological stripes protested the new law.

Rideshare firms Uber and Lyft were a major target of the legislation. Cabbies who work with them are contractors, not employees. Because of AB5, Uber and Lyft have been on the verge of leaving California — meaning a “victory” only for unions and others who hate market competition. 

Now these firms, and many freelancers, can apparently keep operating in the state.

Mission accomplished?

Not so fast. A national version of AB5 sits in Congress, lying in wait. It has been endorsed by House Speaker Nancy Pelosi, 215 Democratic co-sponsors, and Joe Biden, who may or may not be the next president of these not-so-United States. (Recounts are being conducted and allegations of election fraud are being investigated.)

If we end up with a President Biden, he may well push for a national version of AB5. Especially if the Democrats get at least 50 U.S. Senators after runoffs in Georgia are decided.

Stay vigilant. Protect our right to work.

This is Common Sense. I’m Paul Jacob.


PDF for printing

See all recent commentary
(simplified and organized)

See recent popular posts

Categories
general freedom national politics & policies

Sue the Governors!

Expect a tsunami of lawsuits against state and local governments. The lockdowns, mask mandates, and other putative ‘mitigation efforts’ to combat the spread of SARS-CoV-2 and COVID-19 demand a deluge.

The latest is Burfitt v. Newsom, filed in Kern County’s Superior Court of the State of California.

“The legal complaint,” explains Matthew Vadum in The Epoch Times, “seeks declaratory and injunctive relief for the constitutional violations it alleges have been committed by [Governor Gavin] Newsom and his officials, stating that the ‘lockdown was originally supposed to be only a temporary emergency measure. However, nearly seven months later it appears that, absent judicial intervention, there will never be a “reopening” to normal, pre-COVID activity, despite incontestable facts — including California’s own data . . . showing that the lockdown is no longer warranted and is causing far more harm than good.’”

The plaintiff is Father Trevor Burfitt, who simply seeks to carry on the established rites of the Roman Catholic Church. 

Though churchgoers and other observant religious people are increasingly defiant, politicians are generally following New York Governor Andrew Cuomo’s lead. Cuomo says* his edicts apply regardless of religious affiliation: “the community must agree to the rules. If you do not agree to enforce the rules, then we will close the institutions down.”

But Cuomo’s “must” is actually iffy:

  1. The states of emergency do not pass the smell test, as the medical infrastructure the lockdowns initially were touted to defend are actually under scant stress.
  2. The basic right at issue here is beyond ecumenical, it is the freedom to peaceably assemble, which too many governors have attacked, though
  3. they have indeed been hardest on religious gatherings, despite being lenient with big box retailers, liquor stores and marijuana dispensaries and completely tolerant of ‘mostly peaceful protests.’

The biggest If, though, is what would happen were the litigation to fail. 

Citizen political action must join the litigation wave.

This is Common Sense. I’m Paul Jacob.


* Mark Tapscott quotes Cuomo’s bracing statement in The Epoch Times, “Silicon Valley Pastor Fights $220,000 in Fines by California Officials for Holding Church Services.”

PDF for printing

See all recent commentary
(simplified and organized)

See recent popular posts

Categories
too much government

How Quickly Can California Be Destroyed?

It’s hard to destroy a state. Or rather, the advanced industrial economy of a state.

Mud slides, eco-policy-abetted wildfires, exploding taxes and spending and regulations, riots, pandemics — such things go only so far. After the latest holocausts and catastrophes abate (if they do), survivors can still soldier on. Mow the lawn, say hello to neighbors, hop in the car to get to work, and so forth.

Is there a solution? Yes! Pile on the calamities thicker, faster, harder. While people are still reeling from one natural disaster or lunatic policy decision, slug them again!

California Governor Gavin Newsom is taking this lesson to heart, bless him. He has signed an order banning production of emission-emitting cars and light trucks by 2035, in hopes of eliminating “sales of internal combustion engines.”

He also wants lawmakers to get cracking on banning fracking. No point helping to produce abundant means of combustion if you’re outlawing combustion.

Alas, though Newsom’s heart is in the right place, he’s still somewhat pandering to friends of civilization and transportation. If gas be so wicked, turn off the spigot ipso pronto. Well, maybe in a month or two to give people a chance to practice their walking. Then shutter all carbon-emitting factories that make all the cars, including electric cars.

If the key to life is paying fealty to environmentalist pieties immunized from cogent analysis, we must end industry ASAP. Stopping plastic straws and internal combustion isn’t enough.

Sock it to ’em!

This is Common Sense. I’m Paul Jacob.


PDF for printing

See all recent commentary
(simplified and organized)

See recent popular posts

Categories
free trade & free markets too much government

Leave California

Should Uber and Lyft abandon California? 

At issue is the anti-freelancer statute AB 5, passed last year in the Golden State, which outlaws independent contractors in many industries.

Including the wildly successful ride-sharing business.

Horrified, threatened, Uber and Lyft have declared their willingness to suspend operations in California if they are forced to reclassify independent contractors as employees. 

You see, wage and salary contracts are heavily regulated already, and switching from independent contractors to employees means drivers would be entitled to expensive benefits. 

Which would upset the gig economy business model.

A model Democrats hate. This assault on independent contractors is something that Democratic presidential candidate Joseph Biden wants to impose nationwide. 

The Democrat-controlled U.S. House passed such legislation in February.

For now, a court order has given the companies a temporary reprieve from another court’s order mandating compliance. 

Maybe the dueling decrees will end well for the ride-sharing companies, allowing them to function. Maybe not. There’s also a citizen initiative in the mix. Proposition 22 on the fall ballot would substantially modify AB5 to make it possible for at least some freelancers to do their jobs in the state of nearly 40 million people.

On the other hand, should California officials succeed in imposing their mandate on the ride-sharing firms, Uber and Lyft should follow through on their threat and leave.

The consequences of such attacks on the market should be made as plain as possible as rapidly as possible so that as many people as possible can make the connection between cause and effect.

This is Common Sense. I’m Paul Jacob.


PDF for printing

See all recent commentary
(simplified and organized)

See recent popular posts

Categories
tax policy too much government

California Schemin’

Is California a failed state? It has an electric grid problem. And a vagrancy problem. Both of which stem from the bizarre ideological blind spots of a political class “benefiting” from the state’s high legislator/citizen ratio, which insulates politicians from feedback.

Driving them power mad.

And one form of madness flowers in political greed, hubris and overreach.

“A pack of Democratic lawmakers in California are proposing a wealth tax for the state’s richest citizens, forcing them to pay more essentially just for owning a lot of stuff,” writes Scott Shackford at Reason. “They also, amazingly, want the tax to follow Californians who flee the state in response, attempting to make them continue paying taxes on wealth that’s not even in the state.”

Rob Bonta, Oakland’s Democrat in the Assembly, says the Golden State needs more gold, and he has made a startling observation. Wait for it. “Rich people have money,” Shackford summarizes, and Bonta wants to take it. To expand services.

But surely service expansion is not only not the only option, it is often the worst option. 

Take the state’s rolling blackouts. Was that caused by not enough or really bad legislation? President Trump points his finger at the Democratic-controlled Assembly: “In California, Democrats have intentionally implemented rolling blackouts — forcing Americans in the dark. Democrats are unable to keep up with energy demand,” the president tweeted on Tuesday. But the New York Post identifies as a cause not “intentionally implemented” blackouts, but “inadequate transmission and an over-reliance on renewable energy and issues with natural gas plants during high heat.”

Bad policy. Not too few “services.”

And the proposal to tax the richest Californians — or former Californians — to pay for more disastrous programs? 

Hubris and greed.

Not Common Sense. I’m Paul Jacob.


PDF for printing

See all recent commentary
(simplified and organized)

See recent popular posts