Posts Tagged ‘Regulation’

Did Google Break The Law?

Sunday, October 24th, 2021

I know that headline is more than a little ambiguous, as Google has probably broken multiple laws, if only because they’re so big and there are so many laws. But “Did Google break the law using sneaky, underhanded means to carry out anti-competitive trade practices to kill off an alternative ad allocating system called ‘header bidding’ because it threatened to damage one of its biggest revenue streams” is way too long for a blog post title.

As a prelude, here’s a brief description of header bidding and how it differs from Google’s “Waterfall” system:

Header bidding is an advanced programmatic advertising technique that serves as an alternative to the Google “waterfall” method. Header bidding is also sometimes referred to as advance bidding or pre-bidding, and offers publishers a way to simultaneously offer ad space out to numerous SSPs or Ad Exchanges at once.

Normally, when a publisher is trying to sell advertising space on its site, the process for filling inventory goes something like this:

First, your site reaches out to your ad server. In general, direct-sold inventory takes precedence over any programmatically sold options. Next, available inventory is served through the site’s ad server, such as Google DoubleClick in a waterfall sequence, meaning unsold inventory is offered first to the top-ranked ad exchange, and then whatever is still unsold is passed along to the second ad exchange, and so on. These rankings are usually determined by size, but the biggest ones aren’t necessarily the ones willing to pay the highest price. (For publishers, this means lower overall revenue if the inventory isn’t automatically going to the highest bidder.)

To further complicate the process, sites using Google’s DFP for Publishers has a setting that enables them to outbid the highest bidder by a penny using Google Ad Exchange (AdX). And since AdX gets the last bid, they are generally in a position to win most of these auctions.

Publishers end up feeling like they aren’t making quite as much money as they would without Google meddling in the bids.

How Does Header Bidding Help Publishers?

Header bidding is a way for publishers to have a simultaneous auction from all the bidders, rather than the sequential strategy that Google uses. By placing some javascript on their website, when a particular page is loaded, it reaches out to all supported SSPs or ad exchanges for bids before its ad server’s own direct-sold inventory is called. Publishers can even choose to allow the winning bid to compete with pricing from the direct sales.

Got that? Here, as best I can understand, is a summary example:

Say Joe Blow’s Ad Agency and Attack Lawyer Collective wants to be the top bidder for serving ads up for the keyword “mesothelioma” (which, at one time, was the priciest keyword you could buy for digital ads), and it is willing to pay, say, $100 per 1,000 impressions. Under Google’s waterfall method, they would never get to bid if Big Madison Avenue Ad Agency was in the top tier of bidders even though BMAAA only offered $50 per 1,000 impressions, because Google would sell those ad slots only to the highest bidder in the top tier, and would never get down to Joe Blow in the third tier. (This is all greatly oversimplified, and feel free to correct/amend this example in the comments.)

Well, due to the big antitrust lawsuit filed against Google by some 38 (last time I looked) state attorney generals (including Texas), lots of dirty secrets and memos have come to light as part of discovery. Many of the most serious bits were redacted, but that was just changed by judge’s orders:

Two corporate behemoths getting together to strike insider deals with each other that freeze out competitors is pretty much textbook anti-competitive practices 101 stuff.

Holy shit! Google and Facebook are agreeing not to cooperate with any antitrust action by the federal government to bring action against the other. That’s not a red flag, that’s the Nostromo‘s flashing lights and screaming self-destruct klaxon in the original Alien.

So according to these documents, Google is not only a monopoly, it is a coercive monopoly that uses illegal anti-competitive trade practices to stifle competition.

And since the lawsuit was brought by a bipartisan coalition of state attorney generals, Google can’t just buy a few tens of millions of dollars worth of Hunter Biden painting to make the entire thing go away…

LinkSwarm for October 22, 2021

Friday, October 22nd, 2021

Greetings, and welcome to the Friday LinkSwarm! Manchin stands firm, Psaki drips with contempt, #NeverTrump and #BlackLivesMatter share a sugar daddy, and “Let’s Go Brandon” pops up everywhere.

  • It’s suddenly beginning to dawn on Democrats that Manchin means it.

    Joe Manchin means what he says. Democrats and the media may not grasp this as it happens so rarely in Washington, and neither group has included that in its calculations. However, that reality keeps getting clearer and clearer, and the Punchbowl crew warn Democrats to figure it out — fast:

    Manchin has been remarkably consistent, and all the major media outlets have reported it time and time again. If you’re surprised by what Manchin is saying now, maybe you’ve been really busy, tied up on other endeavors and haven’t listened to or read what he’s said. That’s understandable. Life moves pretty fast.

    But if you have listened to Manchin and you’re still surprised by or enraged at his positions, that may be because you’re irrationally hopeful he will change his beliefs, or you’re engaging in wishful and likely unrealistic thinking. Maybe you’re just listening to what you want to hear. But don’t worry, you aren’t alone. Half of official Washington has decided that they’re going to ignore what Manchin says and believe he has a secret set of beliefs he’s waiting to unveil.

    Here’s what you have to understand about Manchin: He says what he means. When he gets heavy pressure from the left, it helps him back home.

    Here’s the reality: Joe Manchin is a filibuster-supporting conservative Democrat who is also an ardent supporter of coal, skeptical of big government and massive spending packages. He never pretends otherwise. Let’s all stop acting surprised when he says the same thing for the umpteenth time.

    No kidding. That’s always been the reality, right along with the reality of an evenly split Senate. One would think that Joe Biden and Chuck Schumer would have put those two realities together and realize that launching a massive progressive-agenda reconciliation bill would have been a no-sale from the very beginning. Up to now, Democrats seem to have talked themselves into a fantasy that Manchin was just looking for a deal, or that they could pressure him into folding.

    Now that neither approach has worked — so far, anyway — The Hill reports that Democrats have begun to panic:

    Democrats are facing growing headaches over their sweeping social spending bill as they struggle to show momentum ahead of an end-of-the-month deadline.

    President Biden will meet with groups of moderates and progressives on Tuesday, and he’s facing pressure from some in his party to take a tighter rein on the talks.

    Instead of narrowing their differences, Democrats are dealing with a near constant whack-a-mole of new problems in recent days ranging from climate provisions and child care to increasingly intense infighting between moderates and progressives.

    The “whack-a-mole” is also a product of Democratic fantasy. They larded up the reconciliation bill with the entire progressive wish-list agenda, and as those items get attention, they also draw opposition. This omnibus approach to the hobby-horse list from the Bernie Sanders wing might have worked if Democrats had a clear and significant majority in each chamber of Congress, or if they had worked out the details with Manchin and Kyrsten Sinema beforehand. Biden doesn’t have the former and didn’t do any work on the latter, which is why Democrats are playing “whack-a-mole” now.

    Now, as The Hill reports separately, Manchin’s entirely predictable opposition to Green New Deal-esque legislation threatens to torpedo Biden’s entire agenda:

    The hard left is so used to the MSM pandering to their delusions of popularity that cold, hard reality always comes as something of a shock to them. (Hat tip: Stephen Green at Instapundit.)

  • In West Virginia, Biden is at 76% disapproval vs. 19% approval. What sort of leverage can Biden exert on Manchin? (Hat tip: Jim Gerghaty.)
  • Senate Republicans successfully filibuster Democrats’ voting fraud bill. (Hat tip: Director Blue.)
  • Evidently Commie Girl isn’t a popular choice to be Comptroller of the Currency.

    Unsurprisingly, some influential Senate Democrats are getting cold feet about the prospect of President Biden nominating Saule Omarova to lead the OCC. The Cornell law professor educated in the USSR who has proposed that the Fed take over most retail banking activities from the private sector (which a Fedcoin – or ZuckCoin – just might help it to do) while wholeheartedly supporting the progressives’ “Green New Deal” agenda.

    This has, understandably, made many in both Congress, and the industry she is about to regulate, uncomfortable.

    Various Omarova commie policy proposals we’ve previously covered snipped.

    According to CNBC’s main source (who remains anonymous) is that these Senators have already shared their misgivings with President Biden.

    Her selection, coupled with her views on how to overhaul the US banking system, prompted several Senate Democrats or their staff to complain to the White House and suggest that the president’s choice will be tough to support on Capitol Hill, according to a person familiar with the matter.

    This person declined to be named in order to speak openly about private discussions between the White House and Senate offices.

    Others surrounding the OCC nomination process said a handful of moderate Democrats harbor reservations about Omarova and her aspirations to “end banking as we know it,” as she suggested in a Vanderbilt Law Review article.

    Those people cautioned that skeptical senators likely haven’t made a final decision yet but are leaning against her candidacy.

  • Why UK coronavirus death statistics can’t be trusted:

  • “Coronavirus always mutational drift at a steady rate.”

    “Just from a science point of view it doesn’t make sense.”

  • Speaking of untrustworthy coronavirus information, Joe Rogan slams Google:

  • Speaking of Google, supposedly they’re purging “Let’s Go Brandon” videos from YouTube, so let’s see how long until they ban this:

    And this evidently topped iTunes’ rap charts:

  • Virginia Tech is going to limit attendance to crack down on “Fuck Joe Biden” chants.
  • Despite having a vaccine, Putin has given Russian workers a week off due to soaring Flu Manchu cases.
  • In-N-Out Burgers closes it’s Fan Francisco store after refusing to become the city’s vaccine police.
  • Just in case it was still unclear to , yes, the National Institute of Health did fund gain-of-function research at the Wuhan Institute of Virology, despite Anthony Fauci swearing up and down otherwise.
  • Lileks on Comrade Psaki and “needs“:

    It’s not just the vexation you get when a lot of people are crammed into one place, though. It’s imposed, by dint of not doing anything about the disorderly elements. We will not police the streets so you will step over needles. We will not clear out the encampment so you will have an inert RV fill the neighborhood with smoke when it burns. We will not do something about petty theft, so you will have to wait for the clerk to get a key. We will not confine the mentally ill, so you will be trailed for a block by someone scrabbling a hand in his pants.

    When you complain, you will be told you’re lucky not to be in the situation of the people who are causing the problems.You should be grateful you don’t have to steal Tide. You should be grateful you can afford to replace your broken stove, even though the replacement won’t come for 8 months. (It’ll be 9 next month.) I suppose that’s true, but it’s setting the bar rather low, and making the disorderly uncivil elements the baseline. Anything above that, it’s gravy.

    Revanchist running-dog lackey of the plutocratic hegemony that I am, I am suspicious when the state determintes your needs and justifies their construction. You don’t need the treadmill is you don’t need 14 varities of ice cream is you don’t need that car is you don’t need that hamburger when there’s bug protein is you don’t need fast access to unprotected detergent is you don’t need to go to that wedding is you don’t need . . . this. That. The other thing. And it is churlish of you to think you need this when (insert aching never-solved non-analogous problem that still exists despite decades of expenditures here).

    Ever seen the old Soviet ads? They’re lovely. They didn’t have 15 different brands. They just had a nice ad for marmalade, in general. No confusion. Yes, but did they actually produce any marmalade? Of course! But if there wasn’t any marmalade, because the wreckers and kulaks had prevented the fufillment of the Five-Year Fruit Spread Goals, everyone shared the experience. There was Marmalade Equity. And Comrade Brezhnev had his toast dry? He may have had some at diplomatic occasions, where it was expected.

    What you might take away from the exchange above is this: the press secretary has access to a treadmill, and it works, and if it doesn’t, there are ten others in a row just like it. And membership in the fitness club comes with the job.

  • And never forget that she, and the mandarins she represents, hate you.

    This is what Trump’s critics meant when they said we needed to restore “civility” to the White House: they meant we need the right kind of disdain for the right kinds of people, expressed in the right kinds of ways. Gone are the mean tweets, the off-color jokes, the rough pugilism. Now instead we have Jen Psaki, sneering avatar of an aristocracy that regards working Americans as less than dirt. People are straining to put food on the table and gas in their cars; they increasingly fail to see the point in going to work at all. Psaki’s response is that of the anointed class she represents: shut up and take it.

    We are ruled over by a cabal of solipsists who feel outraged that the regressive pigs in flyover country express any opinions at all—about the fruits of their labor, about the security of their nation, about the health of their bodies. Their response is that we should “lower expectations” for affordable food, “welcome competition” from a rapidly arming China, and “follow the advice of health experts” on pain of unemployment.

    Who can forget the treacly grin with which Psaki invited us to “stay tuned” for Biden’s forthcoming vaccine decree? She delights in her role, which is to act out the revenge fantasies of all who felt wounded in 2016 by the mere suggestion that their virtue is less than immaculate. We have to reckon with the fact that Psaki, loathsome though she may be, is doing her job exactly as intended. Her affronts are outrageous only to the people who already hate her: from her target audience they elicit shouts of “YAS Kween” and “drag him!” She is not slipping up when she insults your intelligence and riles up your countrymen against you, when she lies unblinkingly out in the open and defies you to do anything about it. That is her job, and she is good at it. She is doing exactly what she was put there to do.

    No one with a spine should take instruction on “civility” from such a feckless cretin or anyone who enjoys her act. If we are to re-learn civic excellence, it will not be from a movement whose moral framework consists of slander and self-satisfaction. Remember that in 2022 and 2024 when they call you a fascist or a bigot or a domestic terrorist or whatever: these are people who think Jen Psaki is a good person. Their opinion about your morals literally doesn’t matter at all.

    (Hat tip: Ed Driscoll at Instapundit.)

  • Heh:

  • “Never Trumpers and Black Lives Matter Have the Same Backer.”

    The press releases went out on schedule and the media rewrote them into news stories. A group of “principled” Republicans was going to fundraise to support Democrat congressmen.

    The stories rolled out on schedule from different media outlets while appearing nearly identical. And the real story, as usual, was not what was on the page, but what had been deliberately left out. Reuters described the Renew America Movement as a group of Never Trump Republicans “whose leadership includes former Republican Governors Christine Todd Whitman of New Jersey and Bill Weld of Massachusetts.” Hardly a single story mentioned the actual leaders.

    The Renew America Movement was co-founded by Evan McMullin (pictured above) and his running mate Mindy Finn. Its national political director, Joel Searby, who is quoted in the media’s writeups, was the chief strategist for the McMullin campaign. Donations to RAM go through Stand Up Republic, which is the anti-Trump group that McMullin and Finn originally set up. The press release for the new pro-Democrat campaign even came from Stand Up Republic. The media actually had to work not to mention McMullin or Stand Up Republic in its stories about the RAM campaign.

    And the media did a fine job of lying by omission to the public in order to elect Democrats.

    Snip.

    Stand Up Republic had scored $800,000 from Pierre Omidyar’s Democracy Fund Voice and $750,000 from the Hewlett Foundation. Omidyar, a Franco-Persian billionaire, is the richest man in Hawaii and the digital version of George Soros. His projects include the pro-terror site, The Intercept, and a plan to “Reimagine Capitalism”. Hewlett is a more conventional leftist setup.

    The “principled” Never Trumper network championing “moderates” to “heal our country” is actually backed by the same money as Black Lives Matter radicals and racists.

    The Hewlett Foundation is one of the backers of the Democracy Frontlines Fund which poured tens of millions into a variety of black nationalist groups including the Movement for Black Lives.

    The Movement for Black Lives (M4BL) is a BLM umbrella group which is backed by billion-dollar leftist foundations like the Ford Foundation. Considering its wealthy anti-Israel backers, it’s unsurprising that M4BL has embraced the antisemitic BDS movement, falsely accused Israel of genocide, and tried to oust any Jewish groups that wouldn’t join them in destroying Israel.

    The Omidyar Network promised last year that it was committing $500,000 to “racial justice” and focusing on 5 groups including the Movement for Black Lives. It also couldn’t let the anniversary of September 11 pass without announcing a joint initiative with Soros, the Ford Foundation, and other leftists to pour money into Islamic groups fighting against America’s counterterrorism.

    Omidyar is also the sugar daddy of the Never Trumpers, funding The Bulwark together with the Hewlett Foundation. Omidyar’s Democracy Fund has provided $1.6 million to Bill Kristol’s Defending Democracy Together. It’s all just Democrats funding Democrats… together.

    (Hat tip: R. S. McCain.)

  • Did Southwest Airlines blink on firing employees over vaccine mandates?
  • Biden channels his inner Cornholio:

  • Fun with Slow Joe:

  • Sarah Hoyt is not impressed by arguments about the inevitability of communism:

    Yeah. Okay, the commies got a plan. That is sort of their one and only given strength. They plan, they organize, they work towards the world’s stupidest things, but they do it TOGETHER. (Eh, mostly.)

    But to believe it’s working you’d have to forget everything from the collapse of the Soviet Union (THEY surely try to forget it) to the repeated smacks on the nose they have got in America, to the fact many of you don’t seem to know that the only reason that the Soviet Union survived that long was because we FED THEM. (Seriously. We should give all those who lost relatives to the Soviet Union and its depredations, including the poor bastards in Africa destroyed by Russia’s Cuban mercenaries a chance to disinter FDR’s corpse and kick it around. It’s no more than a very mild form of justice.)

    Communism is in fact an idea so stupid that only intellectuals can believe it and try to apply it. Fortunately for them they do attract most intellectuals with the siren song of “because you’re smarter than other people, you see this.”

    Snip.

    Orwell was a believer, even if a heretic. As an adult, read the damn thing and tell me it’s in the least likely.

    Not only would it fall apart within years — if not weeks — because no one can manage a large economy well enough for it to survive that long (yeah, China. Sure buddy. If you think China is working out that well, you haven’t looked closely), but it could never extend to the whole world, or everyone would starve and die out.

    The other thing is that it’s 1940s tech extended indefinitely. This might work — eh, sort of — under really tightly controlled regimes, but sooner or letter a clever monkey (ape, d*amn it. We’re apes) throws a wrench in. The internet is a big wrench, and their attempts to put the genie back in the bottle have been markedly unsuccessful. But it doesn’t take the internet. The Soviet Union was brought down by typewriters and copiers.

  • Alec Baldwin kills a cast member of the movie he’s shooting. It may not have been his fault.
  • “Minnesota Hospital Shuts Down ER and Urgent Care Amid Nurse Strike.” That’s Allina Health in Plymouth.
  • The Washington Post wants us to invade Haiti. Remember when it was Republicans that were accused of being the warmongers?
  • Fauci flops, but the industry tries to hide it. ” IMDB just got caught with its pants down. Social media is noticing that they changed the Fauci film 1.6 audience score to 5.8, but they neglected to change the demographic data or the raw distribution, so it looks like they just faked the top-line number.” (Hat tip: Instapundit.)

  • “DC assistant chief: I was told “have an abortion or be fired.” “D.C. Assistant Police Chief Chanel Dickerson…said when she became pregnant as a young police cadet, she was told she had to have an abortion to keep her job.”
  • Boom:

  • New evidence suggests the Norse were in Newfoundland in 1021.
  • Remember all the fawning coverage that former Democratic congresswoman Katie “Naked Bong Hits” Hill received despite banging a staffer? Yeah, it turns out that one of the journalists giving her that fawning coverage, Alex Thomas, was banging her too. (Hat tip: Ed Driscoll at Instapundit.)
  • Is the most dangerous stretch of water in the world a three foot wide stream in Yorkshire?
  • Here’s a chance to buy the very earliest Apple Macintosh prototype ever offered at auction, this one with the unreliable, abandoned 5 1/4″ “Twiggy” drive, only a few prototypes of which exist.
  • “Panic At White House As All The Stores Are Out Of Depends.”
  • An oldie but a goodie: Living the dream:

  • Democrats to Cops in 2020: You’re Evil Racists And We Want To Defund You! Democrats to Cops in 2021: We Need You To Enforce Vaccine Mandates. Cops to Democrats: Get Stuffed!

    Tuesday, October 19th, 2021

    After spending 2020 calling police “systematically racist” and trying to get them defunded (mainly so they could get their fingers on that money, suddenly it’s 2021 and Democrat-run cities and counties suddenly need police to be their vaccine enforcers. And police aren’t having any of it.

    Take deep blue Chicago for example:

    Chicago Mayor Lori Lightfoot has foolishly put herself—and the safety of the people of Chicago—in a game of chicken, with at least half the police force ready to defy her vaccine mandate and be sent home from work by City Hall without pay, rather than comply.

    “She wants to play a game of chicken. Well, we’re in a semi. And she’s in a Smart Car. And she wants to play chicken?” said Fraternal Order of Police President John Catanzara told me on Thursday. “That’s her decision.”

    I figure Chicago’s little Napoleon in pants suits caves by Friday. As I type this on Thursday evening, Chicago aldermen are calling, saying she’s already blinking on her threats of “no vaccine, you’ll be sent home without pay.”

    FRIDAY MORNING UPDATE: She blinked. She did cave. After her repeated threats, she won’t withhold their pay and send them home if they don’t comply with her vaccine mandate. Lori, that’s no way to play chicken or poker. Her chicken little game has come home to roost. Cops have had enough. Now she’s pouting, driving up the ramp of the chicken coop in her little clown car.

    If she didn’t cave, victims of weekend violence would blame Lightfoot because she put her ego ahead of public safety. The smart play was to cave and call it something else. Her media friends can spin it. She can even call it victory, if she wants. But she caved. And that weakens her even more.

    (Hat tip: Rick Moran at PJ Media.)

    Unions for police and corrections officers are suing over vaccine mandates in Allegheny County:

    Across Allegheny County, public employees are fighting vaccine mandates but none as hard as those in law enforcement, which has suffered some of the highest losses from the disease.

    The unions representing the county police and the corrections officers have gone to court to block the county’s order that all employees be vaccinated or be fired.

    According to the National Fraternal Order of Police, 743 police officers have reportedly died of COVID-19, but while the FOP is encouraging officers to get vaccinated, the union opposes mandates, calling vaccines a personal health decision.

    Seattle police are bailing as well:

    The leader of the Seattle Police Officers Guild (SPOG), which represents over 1,300 officers of the Seattle Police Department (SPD), is calling the COVID-19 vaccine mandate the latest in a long list of betrayals by the city of Seattle.

    SPOG President Mike Solan said city leaders could accommodate officers who don’t want the shot and keep the city safe, but they are choosing not to do that. With just days until the mandate takes effect, Solan said now is not the time to force a vaccine on officers as the police department already faces a staffing crisis.

    “Crime is surging in this city. Our community is demanding more police officers to answer the 911 calls, and the fact we’ve already lost close to 350 police officers because of the politicians’ political betrayal,” said Solan.

    Solan said that before George Floyd’s death at the hands of Minneapolis police officers in May 2020, city officials called SPD a “model department” when it came to police reform. But he said the tables turned after Floyd’s death with some city leaders demanding massive cuts to the department.

    Now, Solan wants Mayor Jenny Durkan to do what some other cities have done and allow officers who don’t want to get the shot the option to wear masks, get tested regularly for COVID-19, and not have their assignments changed.

    “For some reason, this mayor is refusing that, which I think is unreasonable and is void of common sense,” said Solan.

    It’s only illogical if you haven’t been paying attention. Every knee must bend to the holy demands of the Party and the State. Heresy against the narrative cannot be tolerated.

    Los Angeles sheriff Alex Villanueva already announced that he was refusing to carry out the county’s mandate.

    What happens to Democrat-run municipalities when the police refuse to carry out unconstitutional mandates?

    Like many Democratic plans to immanentize the eschaton, they don’t seem to have thought a lot of the intermediate steps through…

    A Pilot on the Southwest Vaccine Mandate SNAFU

    Saturday, October 16th, 2021

    Here’s a pilot discussing the recent Southwest Airlines issues.

    His points:

  • Southwest was already running their entire operation too lean, too understaffed, too many hours for the people who are there, and thus the small disruptions spreads out everywhere. “Eventually you have to call in either sick or fatigued, and that’s gonna snowball.”
  • They’re running a lot of overtime to keep the operation running.
  • Too many pilots/trainers laid off during the pandemic, so getting them back up to speed has been a challenge.
  • The mandate is a real issue, because major airlines are considered federal contractors, and the mandate goes against union rules. “It’s a big problem.”
  • Mandate deadline is December 8.
  • Southwest is in the middle of negotiations with their pilot union.
  • The union can’t be leading the strike, because that would be illegal. But individual pilots are a different story.
  • $15 an hour airport support personnel may indeed just quit and work somewhere else.
  • A lot of older pilots (and pilot trainers) are just going to retire.
  • Time to haul this out again:

    Freedom Flu Spreads To American, United

    Thursday, October 14th, 2021

    It seems that more and more airline employees are coming down with “Freedom Flu.”

    American Airlines said they would be following Biden’s (as yet unissued) Flu Manchu mandate. Result:

    United Airlines said it was going to fire 600 employees over the Flu Manchu mandate. But a federal judge just bared United Airlines from putting workers on unpaid leave:

    A federal judge has extended a ban on United Airlines putting employees on unpaid leave for seeking a medical or religious exemption from the airline’s requirement to get vaccinated against COVID-19.

    U.S. District Judge Mark Pittman in Fort Worth, Texas, granted a restraining order Tuesday in favor of employees who are suing the airline over the mandate.

    Lawyers for the employees and the airline agreed last month that United wouldn’t put the workers on unpaid leave, but the judge wrote that the agreement will expire before he can rule on the merits of the matter. That would leave “hundreds of workers” at risk of being put on indefinite unpaid leave or forced to get a vaccination that violates their religious beliefs or medical restrictions.

    The restraining order expires Oct. 26.

    I don’t think I’d undertake any air travel over the rest of the year…

    Southwest CEO Talking Out Of Both Sides Of His Face

    Wednesday, October 13th, 2021

    What are we to make of Southwest Airlines CEO Gary Kelly?

    In an interview with ABC News, he said that no employees would be fired over the Flu Manchu vaccine mandate:

    During an interview with ABC News Tuesday, Gary Kelly, the CEO of Southwest Airlines, stated that no employees would be fired over the company’s vaccine mandate. However, the airline announced on October 4 that all 56,000 U.S. Southwest employees needed to get vaccinated against COVID-19 by November 24, or face termination.

    Yet the very same day, we hear that Southwest is going to comply with Biden’s (still unissued) order:

    Dallas-based Southwest Airlines will ignore a Texas Executive Order prohibiting any entity from imposing Covid-19 vaccine mandates on employees or customers.

    Instead, the beleaguered airline will comply with a yet-to-be issued Biden federal mandate which requires that government employees and contractors get vaccinated, according to CEO Gary Kelly in a Tuesday interview with CNBC.

    “I’ve never been in favor of corporations imposing that kind of a mandate. I’m not in favor that. Never have been,” Kelly told “Squawk on the Street,” adding “But the executive order from President Biden mandates that all federal employees and then all federal contractors, which covers all the major airlines, have to have a [vaccine] mandate … in place by December the 8th, so we’re working through that.”

    How do you reconcile the difference between these two positions? They’re going to enforce the mandate but not fire people who don’t meet the mandate requirements? How? Keeping them on with unpaid leave until they quit?

    Kelly still hasn’t come clean about the reasons behind the cancelled flights. He needs to do that, and to clarify Southwest’s positions on imposing vaccine mandates on their employees, at a bare minimum.

    In related news, that non-existent mandate is now closer to existing because draft language has finally been submitted.

    The Amish Refuse Flu Manchu Foolishness

    Tuesday, October 12th, 2021

    The Amish are having none of your Flu Manchu panic:

    [Amish Mennonite Calvin Lapp]: There’s three things the Amish don’t like. And that’s government— they won’t get involved in the government, they don’t like the public education system— they won’t send their children to education, and they also don’t like the health system. They rip us off. Those are three things that we feel like we’re fighting against all the time. Well, those three things are all part of what Covid is.

    After a short shutdown last year, the Amish chose a unique path that led to Covid-19 tearing through at warp speed. It began with an important religious holiday in May.

    Lapp: When they take communion, they dump their wine into a cup and they take turns to drink out of that cup. So, you go the whole way down the line, and everybody drinks out of that cup, if one person has coronavirus, the rest of church is going to get coronavirus. The first time they went back to church, everybody got coronavirus.

    Lapp says they weren’t denying coronavirus, they were facing it head on.

    Lapp: It’s a worse thing to quit working than dying. Working is more important than dying. But to shut down and say that we can’t go to church, we can’t get together with family, we can’t see our old people in the hospital, we got to quit working? It’s going completely against everything that we believe. You’re changing our culture completely to try to act like they wanted us to act the last year, and we’re not going to do it.

    Steve Nolt is a scholar on Amish and Mennonite culture, and Mennonite himself. He’s studying Amish news publications to analyze community-wide trends.

    Sharyl: So, are you saying, as of about May of 2020, things kind of went back to normal in the Amish community?

    Steve Nolt: For the most part, yeah, by the middle of May, it’s sort of like back to a typical behavior again.

    That also meant avoiding hospitals.

    Nolt: I know of some cases in which Amish people refused to go to the hospital, even when they were very sick because if they went there, they wouldn’t be able to have visitors. And it was more important to be sick, even very sick at home and have the ability to have some people around you than to go to the hospital and be isolated.

    Then, last March, remarkable news. The Lancaster County Amish were reported to be the first community to achieve “herd immunity,” meaning a large part of a population had been infected with Covid-19 and became immune.

    Nolt: Even those who believed that they had Covid tended not to get tested. Their approach tended to be, “I’m sick. I know I’m sick. I don’t have to have someone else telling me I’m sick.” Or a concern that if they got a positive test, they would then be asked to really dramatically limit what they were doing in a way that might be uncomfortable for them. So, we don’t have that testing number.

    Lapp: We didn’t want the numbers to go up, because then they would shut things more. What’s the advantage of getting a test?

    One thing’s clear: there’s no evidence of any more deaths among the Amish than in places that shut down tight— some claim there were fewer here. That’s without masking, staying at home, or another important measure.

    No lockdowns.

    No isolation.

    No vaccine.

    No mandates.

    The Amish did everything the Democratic Media Complex said was anathema and came through just fine, with no notable excess deaths, and got on with living their lives. Also: “We made more money in the last year than we ever did. It was our best year ever.”

    (Hat tip: Ann Althouse, who restored the comments sections to her blog posts.)

    Are Biden’s Vaccine Mandates About To Destroy The Airline Industry?

    Sunday, October 10th, 2021

    It appears that the Biden Administration vaccine mandate (for which no written rule actual exists) is doing for the American airline industry what it and other Flu Manchu restrictions have already done for the global supply chain.

  • I’m seeing multiple reports that a walkout by air traffic controllers in Jacksonsville have caused hundreds of flight cancellations:

  • It looks like Southwest Airlines pilots are having a massive sickout over the vaccine mandate.

  • Their union is suing the federal government over it:

    In what appears to be one of the first cases of a union pushing back against the new COVID vaccination requirements handed down by the Biden Administration, a union representing pilots at Southwest Airlines is suing to stop the vaccine requirement from being forced until a lawsuit is resolved.

    Bloomberg reports that the union representing Southwest’s pilots has asked a court to grant a temporary stay against the federal vaccination rules until an ongoing lawsuit over what they allege are violations of US labor laws is resolved.

    In a court filing on Friday, the Southwest Airlines Pilots Association also asked for an immediate hearing on the request before a federal court in Dallas, claiming the carrier has continued to take unilateral actions that violate terms of the Railway Labor Act, which governs relations between airlines and employee unions. The “unilateral action” in question is the company’s attempt (at the Biden Administration’s direction) to force workers to either get the jab, or be fired or sent on unpaid leave, Bloomberg reports.

    “The new vaccine mandate unlawfully imposes new conditions of employment and the new policy threatens termination of any pilot not fully vaccinated by December 8, 2021,” the legal filing said. “Southwest Airlines’ additional new and unilateral modification of the parties’ collective bargaining agreement is in clear violation of the RLA.”

    According to the guidelines set out by President Biden (and “voluntarily” embraced by most of the major airlines), Southwest has a deadline of Oct. 4 under the federal mandate for employees to get jabbed or have an approved medical or religious exemption. SW is affected by the mandate because it has contracts with the federal government (like many large businesses).

    The union represents 9,000 pilots at the airline, and a strike could easily disrupt American air travel (remember the air traffic controllers strike in the 1980s?)

  • Keep in mind that almost all the airlines are set to fire pilots that don’t comply. What happens when just about all the airlines are grounded because of employee strikes and sickouts? If you think Biden’s poll numbers are bad now, just wait.
  • It’s not just pilots and air traffic controllers. All sorts of professions, from bus drivers to police officers to ferry operators, are staging sickouts over vaccine mandates in various parts of the country.
  • There’s something about vaccine mandates that are so holy to our leftwing ruling class that they’re willing to tear the country apart to impose them. Some have said money from drug companies, but that explanation seems too simple for how hard they’re fighting to impose them no matter the cost, and the lengths to which the Democratic Media Complex is willing to go to suppress any mention of disagreement with The Holy Narrative.

    This is about control.

    It must be resisted.

    Update: Southwest just cancelled 1,000 more flights. And I’m seeing rumors on Twitter that other airlines crews are joining in:

    Supply Chain Disruption Update for September 28, 2021

    Tuesday, September 28th, 2021

    I didn’t expect to do another supply chain disruption update just two days after the last one, but there’s a lot more news popping up:

  • An energy shortage is plaguing China:

    Residents in three north-east Chinese provinces experienced unannounced power cuts as the electricity shortage which initially hit factories spreads to homes.

    People living in Liaoning, Jilin and Heilongjiang provinces complained on social media about the lack of heating, and lifts and traffic lights not working.

    Local media in China – which is highly dependent on coal for power – said the cause was a surge in coal prices leading to short supply. As shown in the chart below, Chinese thermal coal futures have more than doubled in price in the past year.

    There are several reasons for the surge in thermal coal, among them already extremely tight energy supply globally (that’s already seen chaos engulf markets in Europe); the sharp economic rebound from COVID lockdowns that has boosted demand from households and businesses; a warm summer which led to extreme air condition consumption across China; the escalating trade spat with Australia which had depressed the coal trade and Chinese power companies ramping up power purchases to ensure winter coal supply.

    Then there is Beijing’s pursuit of curbing carbon emissions – Xi Jinping wants to ensure blue skies at the Winter Olympics in Beijing next February, showing the international community that he’s serious about de-carbonizing the economy – that has led to artificial bottlenecks in the coal supply chain.

  • More than two hundred container ships are waiting to load up outside Chinese ports:

    There are over 60 container ships full of import cargo stuck offshore of Los Angeles and Long Beach, but there are more than double that — 154 as of Friday — waiting to load export cargo off Shanghai and Ningbo in China, according to eeSea, a company that analyzes carrier schedules.

    The number of container ships anchored off Shanghai and Ningbo has surged over recent weeks. There are now 242 container ships waiting for berths countrywide. Whether it’s due to heavy export volumes, Typhoon Chanthu or COVID, rising congestion in China is yet another wild card for the trans-Pacific trade.

    Snip.

    A major driver of congestion on both sides of the Pacific Ocean: Landside capacity (terminals, trucking, rail, warehousing) is limited, but the vessel capacity of a single ocean trade lane is highly flexible.

    While the number of ships in the world is finite, operators can shift ships to wherever they make the most money. And the trans-Pacific is now a particularly lucrative trade: Spot rates including premiums can top $20,000 per forty-foot equivalent unit (FEU).

    “These assets [ships] are super-mobile,” said Sundboell. “What’s happening now is the opposite of what dogged the industry for the past 20 years. Five years ago, people were asking: How can the trans-Pacific rate drop from $2,000 to $1,500 [per FEU] in the space of just six days? It was because you could take a vessel from one place and sail it someplace else, and suddenly there were more ships and a price war and rates dropped.

    “Now we’re seeing the opposite,” he said. As ship operators pile more capacity into the trans-Pacific, congestion rises, delays mount, the incentive for shippers to pay premiums is supported, and all-in rates remain at record highs.

  • Despite shortages, L.A. and Long Beach still don’t operate 24/7.

    Despite the backlog, the busiest U.S. port still shuts down for hours on most days and is closed on Sundays, the Wall Street Journal reports. “Tens of thousands” of containers remain stuck at the ports of Los Angeles and Long Beach. More than 60 ships are lined up to dock, the report says.

    More than 25% of all American imports pass through one of the two ports. LA and Long Beach collectively manage 13 private container terminals. Long Beach officials finally said last week they would try operating 24 hours a day between Monday and Thursday. LA says it’s going to keep existing hours and wait for the rest of the supply chain to extend their hours first.

  • More data points:

  • In Europe, a natural gas shortage has sent price soaring because surprise, surprise, Russia has cut supplies by 57%.
  • The supply chain shortages are hitting small businesses hard.
  • And to top it off, there’s a turkey shortage in Britain due to the aforementioned driver shortage.
  • Finally, the Biden’s Administration’s vaccine mandate is about to make things much worse. “The looming federal mandate on COVID-19 vaccines for large employers could make hiring goals more difficult to reach for warehousing and distribution operations, which are already short on employees, some supply chain experts say.”
  • Keep in mind: None of the supply chain issues are the result of Flu Manchu, but almost all are the result of government overreaction to it.

    TPPF’s Jason Isaac On The Reasons Behind The Great 2021 Texas Freeze Blackouts

    Saturday, September 25th, 2021

    Texas Public Policy Foundation’s Jason Isaac has a Prager U video analysis of the reasons behind the great Texas ice storm blackouts.

    The analysis will be familiar to regular readers: Over-investment in unreliable, subsidized renewable energy meant under-investment in reliable fossil fuel and nuclear necessary for base load reliability.