[EL] Weintraub: Loose the Hounds!

Steve Hoersting hoersting at gmail.com
Wed Mar 30 09:22:16 PDT 2016


I see Commissioner Weintraub is, with the prospect of a new Justice now all
but inevitable, getting in on the fun we enjoyed (in the opposite
direction) with the arrival of J. Alito.

I am not shocked by the ingenious opportunism ... though I worry a bit for
the future.

Instead, I have two comments  and a quick question.

Comment: We're supposed to be in a post-Kantian era. Hopefully Right and
Left will soon dispense with the "Polls show that overwhelming majorities
... reject" when weighing (individual) rights policy.

Comment: The pincer move is genius, and vintage Weintraub: "Perhaps," she
says, "we [s]hould require corporations ... to verify that the share of
their foreign ownership is less than 20 percent," because, last I checked,
the twin planks of existing jurisprudence point to a zero tolerance
policy....

(The Hey, States, start suing! bit, however, sounds a tad more Ravel than
Weintraub...).

But now that the litigation backlash is inaugurated -- and no doubt
Weintraub's piece is as good an announcement as any -- I have a question;
seeing as how we're now all-in with the latest move to *purify our
governing institutions*:

Are the big donors that are no doubt being arrayed to fund the wave of
corporate-source cases, sure to come, the very same fund managers who will
be arranging the foreign purchase of domestic shares (in unsuspecting,
future defendants)?

Because I am not so sure an "overwhelming majority of Americans" are down
with that.

*

I have a parting piece of advice for my friends on the other side; eager to
get to work on the next phase of the Reform agenda -- no doubt worth the
silica its written on: There were some case theories -- and particularly
complaints predicated on existing statutes and jurisprudence -- that not
even we would pursue.

*

Well done, Ellen. A brilliant piece of writing. And strategy. Kant (and
Alinsky) would be... Well, I was about to say "proud."

Brilliant; seriously,

Steve
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