Glenn Reynolds: Majoritarianism in the Courts Is a Bad, Bad Thing

With Senate Democrats going for a filibuster against the nomination of Supreme Court nominee Neil Gorsuch, things are about to get hairy in the Capitol. It seems without question that Gorsuch is a competent, qualified jurist and the Dems almost surely are shooting themselves in the foot by trying to block his appointment. Most Americans don’t care overly much about judicial philosophy, but nothing Gorsuch has written and discussed disqualifies him or marks him as incompetent. Making his nomination a pure political play will alienate everyone except strict liberal ideologues.

Writing in USA Today, Glenn Reynolds of University of Tennessee Law School and Instapundit.com has a sharp, concise column up about the role of the Supreme Court in deciding whether laws are constitutional or not. Citing libertarian legal school and Georgetown professor Randy Barnett’s recent book, Our Republican Constitution, Reynolds explains that the Constitution’s animating principle was decentralizing power, especially of a simple majority.

The powers of government were limited, and separated among various branches, and divided between the federal government and the states, while some things were placed beyond the power of the government entirely. This was intended to ensure that minority groups could go about their business unmolested by the majority.

During the Progressive Era of the 19th century, these limitations on majority power chafed Progressives who were in the legislative majority. They wanted to make big changes, and the Constitution’s limitations made that hard. Progressive legislation kept losing in the courts, who kept pointing out that it was inconsistent with Constitutional limits on government power, and Constitutional protection of things like private property rights.

This led to a rule of judicial restraint that was the beginning of the democratic constitution, where majority power reigned supreme. Its first major appearance was in an article by Harvard law professor James Bradley Thayer, arguing that courts should not strike down laws as unconstitutional, so long as they could imagine a reasonable person thinking them valid. Only in cases of clear mistake should judicial review lead to laws being held unconstitutional.

This thinking found its first Supreme Court application just a few years later in the 1896 case of Plessy v. Ferguson, upholding segregation under the famous “separate but equal” formulation (though this phrase was not part of the opinion). Echoing Thayer, Justice Brown wrote “We cannot say that a law which authorizes or even requires the separation of the two races in public conveyances is unreasonable.” Also at that time, as Barnett notes, writers stopped talking about courts’ duty to strike down unconstitutional laws and started talking about their power to do so. Not exercising a duty is a dereliction; not employing a power could be characterized as self-restraint.

Nonetheless, in other cases, the Court applied the republican constitution, striking down (in Buchanan v. Warley) a Kentucky racial zoning law backed by a majority, and (in Bailey v. Alabama) barring enforcement of labor contracts for black people that, in reality, amounted to involuntary servitude. In both cases, the importance of individual rights trumped the majority’s desire.

Read the whole piece.

Barnett and Reason’s Damon Root have written a lot about the problems that come from the courts showing too much deference to elected officials. Ironically, conservatives are quick to bitch and moan about “judicial activism” but often the bigger problem is when courts look the other way as legislators arrogate more and more power to themselves.

However the Gorsuch confirmation plays out, this larger argument about activism and deference is a key battleground, especially in a country that is sharply polarized and in which partisans want more than anything to punish the other side. It’s also a place where the libertarian rejection of majoritarianism is an attractive alternative to the right and left, who seem happy to go along with the wisdom of crowds as long they like a particular outcome.

Reason TV talked with Barnett the day after Gorsuch’s nomination was announced. Click below to learn “Everything You Need To Know about Neil Gorsuch”:

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Iceland’s Jailed Bankers Are Back, Demanding They Were Crisis Scapegoats

In the aftermath of the 2008 financial crisis, one country stood out: Iceland was the one nation in the world which not only let its banks fail, but convicted the bankers responsible for the collapse of the country’s financial system (incidentally, since then Iceland has been one of the world’s economic success stories, with the economy growing over 7% last year). Now, nearly a decade later, Iceland’s ex-bankers, once reviled as symbols of crony and rogue capitalism, say they were scapegoats: and having been “improperly” jailed for their roles in the 2008 financial crisis, they’re now taking their cases to the European Court of Human Rights.

Some background.

In 2008, after Iceland’s inflated financial system imploded, the three main banks Kaupthing, Glitnir, and Landsbanki collapsed. The government urgently nationalized them, then asked the International Monetary Fund (IMF) for an emergency bailout, a first for a western European country in 25 years. The crisis brought to light the bankers’ questionable practices, often involving artificially inflating the value of the banks’ assets by providing cheap loans to shareholders to buy even more shares in the bank. Thousands of Icelanders had thus placed their life savings in a house of cards.

What Iceland’s bankers did was not unique: virtually every other bank around the globe at the time had countless employees who were doing the exact same thing, ending with a similar result – bank failures, bailouts and partial or entire nationalizations. However, only in Iceland were bankers prosecuted wholesale, and only in Iceland did they end up going to prison.

Since then, dozens of so-called “banksters” have been convicted, about 20 of them to prison, for manipulating the market.

Now, some of them now claim they didn’t get fair trials, and have turned to the European Court of Human Rights.


People protest in Reykjavik over the government’s handling of the financial crisis

Acording to AFP, Sigurdur Einarsson, the former chairman of the board of Kaupthing, spent one year behind bars after being sentenced by an Icelandic appeals court to four years in prison before being released. He is critical of what he dubs Iceland’s “scapegoat” justice system, which he claims turned a blind eye to unlawful proceedings during his trial.

Some of the judges were partial … because they had lost a lot of money during the economic crisis,” Einarsson told AFP in an exclusive interview in Reykjavik. This was not a just and fair trial. (This is) very important because Iceland praises itself for being a Western democratic country, and one of the key issues for that is having fair trials for everyone.”

While it would have been informative to get his take, Einarsson had no comment on why judges in other countries refused to prosecute any of his peers: surely it wasn’t just Iceland’s judicial branch that “lost a lot of money” during the economic crisis? In any case, Einarsson was especially critical of a Supreme Court judge who was allowed to rule on his case: the judge’s wife was on the board of the financial regulator during the collapse, his daughter worked at the Ministry of Economy and Finance, and his son was the chief legal advisor to the winding-up committee of Kaupthing.

Einarsson and his lawyers also claimed his rights were violated in the case, including illegal phone taps and excessive custody detentions. After he contacted the European Court, it then addressed a series of questions to the Icelandic government in June 2016. Reykjavik answered a first time in December, then a second time in March, with a 64-page document of which AFP has obtained a copy.

 

Without denying the Supreme Court judge’s family ties, the Icelandic government rejected the ex-banker’s arguments outright.

 

All in all, it wrote, “no violation of the applicant’s rights under Article 6 and 8 of the European Convention of Human Rights has taken place”.

 

The Court told AFP it had received nine appeals linked to the Icelandic bankers’ trials. Einarsson’s is the only one it has begun to study.

Ironically, Einarsson readily admits that some of the banking “practices” would never have been approved today, but he distinguishes between doing “something illegal and something commercially wrong”. Perhaps it was this apriori distinction that prevented other judges from seeking legal recourse against other “crisis” bankers.

Speaking of “commercial wrong”, Kaupthing’s collapse is one of the biggest in history in terms of assets, at $83 billion. While a far cry from Lehman Brothers at $691 billion, in the context of Iceland’s far smaller economy, the failure was even greater, and led to huge losses for a majority of the island nation’s small population.

For better or worse, however, the banker revisionism may not have much traction.

Eva Joly, the French-Norwegian judge who advised Iceland’s special prosecutor on the cases linked to the financial crisis, says the ex-bankers’ attempt to seek vindication from the European Court was “classic” behaviour from the “ruling elite” after being found guilty of their ways. “Men of power always resort to legal means,” Joly told AFP. Iceland’s bankers benefitted from advice from “the best lawyers”, while judges were drowning in cases and working with little means, she said. “Iceland rented out its coast guard to African countries in order to finance” the investigations, she said.

Don’t call it a comeback just yet…

The island is now abuzz with rumours about the return of some of the bankers to centre stage, this time in Iceland’s flourishing tourism sector. Finance Minister Benedikt Johannesson sees no problem with that.

“I think people can improve. They should be allowed to be in business as long as they stay within the law,” he told AFP. No recent surveys have been conducted on Icelanders’ opinion of the ex-bankers. But those questioned on the streets of Reykjavik are rarely forgiving.

“I doubt people feel much sympathy for them,” says Kristjan Kristjansson, a 52-year-old who says he lost “a little” money in the crisis.

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Josh Barro Says Abolishing Federal Deposit Insurance Is ‘Kooky.’ Will George Selgin Set Him Straight on April 12?

When Donald Trump was considering former Cato Institute President and ex-BB&T Corp. CEO John Allison as treasury secretary, Business Insider Senor Editor Josh Barro tweeted:

Weighing in to defend his former boss was George Selgin, the eminent economist and director of the Cato Institute’s Center for Monetary and Financial Alternatives: “FDIC started as a crutch for weak unit banks…”

“I am aware of the kooky views on monetary policy and banking that pervade Cato, thanks,” Barro tweeted back.

“[E]asy to just sling adjectives; harder to prove you know what you’re talking about,” Selgin replied.

On Wednesday, April 12 , Barro will get an opportunity to prove just that when he goes face to face with Selgin at the Soho Forum, a monthly debate series that “features topics of special interest to libertarians” and “aims to enhance social and professional ties within the New York City libertarian community.”Selgin vs. Barro |||

The Soho Forum runs Oxford-style debates, so at the beginning of the event attendees get to vote on the evening’s resolution. After the debaters have had their say, the audience votes again, and the side that’s gained the most ground wins the contest.

At Selgin vs. Barro, the resolution will be: “The Federal Deposit Insurance Corporation should be abolished in favor of private sector solutions for protecting the safety of bank deposits.”

The event will take place at the Subculture Theater, located at 45 Bleecker Street in Manhattan. Tickets are $18 (10 for students) and must be reserved in advance. Get them here. Doors open at 5:45pm, and the event starts at 6:30.

As always, audio from the event will be available the same week on the Reason Podcast. (Subscribe!)

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The American Empire And Economic Collapse

Authored by Antonius Aquinas,

Despite the widespread hope among libertarians, classical liberals, non-interventionists, progressive peaceniks, and all those opposed to the US Empire that it may have some of its murderous reins pulled in with the election of Donald Trump, it appears that such optimism has now been dashed.  While the hope for a less meddlesome US foreign policy is not completely extinguished and would never have existed had the Wicked Witch of Chappaqua been elected, a number of President Trump’s foreign policy actions, so far, have been little different than his recent predecessors.

President Trump’s biggest blunder was his acquiesce to the Deep State’s coup of General Michael Flynn, the most Russian friendly among Trump’s foreign policy entourage.  Since Flynn’s abrupt departure, there has been little talk of a rapprochement with Russia, but instead there has been continued saber rattling by the war mongers that Trump has, unfortunately, chosen to surround himself with.

The most recent Russian badgering has come from Secretary of Defense, James “Mad Dog” Mattis who wrongly accused it of “bad behavior:” “Russia’s violations of international law are now a matter of record from what happened with Crimea to other aspects of their behavior in mucking around other people’s elections and that sort of thing.” Of course, the US has never tried to influence the outcomes of elections or “mucked around” in the affairs of sovereign countries, heaven forbid!

While candidate Trump correctly spoke of the Iraqi War as a disaster and US Middle Eastern policy as a failure, he has done little to alter course in the region, but continues to follow and has, in some instances, escalated tensions.  Some ominous examples:

  • Bombing raids of Mosul killing over 200 civilians
  • The deployment of another 1,000 ground troops to Syria
  • Additional US ground troops “expected” to be deployed to Afghanistan
  • Continuous threats to Iran – “put on notice”

In the Far East, President Trump has done little to alleviate hostilities.  In a belligerent March tweet during Secretary of State, Rex Tillerson’s trip to the region, he wrote: “North Korea is behaving very badly.  They have been ‘playing’ the United States for years.  China has done little to help.”

A number of perceptive commentators think otherwise and have shown that it has been the US over the years that has acted disingenuously.  “Despite Western media demonization of North Korea as some kind of crazy rogue state,” Finian Cunningham points out, “the people there are not fools.  They know from family histories the atrocious cost of American war.  And they know that any nation perceived as weak by Washington will be bombed back to the Stone Age.”

These trends, and the President’s unnecessary request for increased “defense spending,” all point to more of the same for US overseas relations.  In fact, there will most likely be continued military escalation if the likes of General “Mad Dog” Mattis get their way.

It is now apparent that the only way in which significant change will come about in American foreign affairs will be if there is a severe financial crisis which impairs the nation enough so that it can no longer bankroll its military adventurism.  History has a number of examples of this.

Great Britain, who the US Empire is largely patterned after, lost its empire when it became financially exhausted due, in large part, to its insane decision to enter the two World Wars of the past century.  To fight in those conflagrations drained Britain of its wealth and devastated it demographically which it, and the rest of Europe, has never recovered.

The US is heading down a similar path of decline as it has squandered its wealth and treasure in the maintenance of an overseas empire while it has expanded its welfare state at home, meaning less wealth which can be tapped from an increasingly unproductive and parasitic populace.  Couple this with an onerous tax burden, an inflationist monetary policy which has destroyed the purchasing power of the dollar, and gargantuan public debt and you have primed the country for a financial cataclysm.

Despite the dramatic fall in the standard of living and the immense social strife and unrest that an economic collapse would bring about, there is a silver lining.  Like Great Britain before it, a financial crisis and/or the loss of the dollar as the world’s reserve currency would force the US to abandon its overseas empire – closing bases, bringing troops home, and stopping intervention in the myriad of arenas across the planet.

A defunct US Empire would also be bad news and mean grisly retribution for all those lackeys and puppets who have been supported and propped up by American might: another positive aspect to the end of the Empire.

The collapse will mean America, too, will face reprisals from all those who have suffered under its hegemony.  The payback will come from both economic warfare as the US has used through its “Dollar Diplomacy” to control and manipulate foreign economies and by some sort of military humiliation.

The impact of an economic collapse could be mitigated somewhat if the US abandoned its role as global policeman as resources squandered abroad could be then available for the rebuilding of the domestic economy while, at the same time, hostility with America’s adversaries would be reduced.

Unless President Trump replaces the warmongers and interventionists which he has unwisely surrounded himself with and return to his wildly popular campaign promise of an American First foreign policy, the US Empire will remain the greatest threat to world peace that currently exists.  If things continue as such, it will only be through the comeuppance of Economic Mother Nature when She bursts the American bubble economy that the Empire upon which it rests will, at long last, come to a fitting and much needed end!

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The Dallas Cowboys’ Owner Is Right: NFL Should Change its Nonsensical Marijuana Prohibition

If a recent lawsuit filed by former National Football League players is to be believed, professional football teams hand out powerful painkillers by the handful on the sidelines before games, after practices, during halftimes, and just about any time a player complains of any injury or nagging pain.

But while America’s most popular sports league is awash in opoids, the NFL maintains a strict rule against players’ use of marijuana—either for recreational purposes or as an alternative way to treat aches and pains. Sports are a mirror for the culture that watches them, and the NFL’s contradictory positions on those two types of pain treatments certainly reflects both the rising opoid crisis in America and the ongoing effort to come to terms with the tragic and awful consequences of a decades-long war on drugs.

Dallas Cowboys’ owner—and the most powerful billionaire in the NFL’s inner circle of powerful billionaires—Jerry Jones is pushing the league to reconsider those rules and loosen the ban on marijuana. According to anonymous sources cited by NBC Sports’ Mike Florio, Jones raised the issue of marijuana at a closed-door meeting of NFL team owners last week.

Jones “wants the league to drop its prohibition on marijuana use,” Florio reported. “Jones was reminded that the issue falls under the umbrella of collective bargaining, which would require the players to make one or more concessions in exchange for significant changes to the marijuana prohibition.” The current collective bargaining agreement runs until 2020, so its unlikely the league would be able to change it’s policy until then.

Still, it’s good to get the discussion started. Jones probably has some self-interested reasons for pursuing such a change—Ezekiel Elliott, Dallas’ superstar running back, was spotted at a marijuana dispensary last year when the Cowboys traveled to Seattle for a preseason game (because that’s where almost any 21-year old with lots of disposable income visiting Washington State is going to end up, sooner or later), prompting a league “investigation”—but that doesn’t mean the league shouldn’t seriously consider what he had to say.

The NFL’s anti-marijuana stance simply doesn’t make much sense as more state governments adopt more liberal views towards medical and recreational weed. A player on the Seattle Seahawks or Denver Broncos (or any of the California-based teams in the league) can buy and use marijuana legally in the state where he spends most of his time during the season, but could face a suspension and a fine if he’s caught with it in his system. More than 60 percent of NFL teams (20 of them, out of 32 total) play in states where medical marijuana is legal. Again, this mirrors a society-wide debate over the relationship between legal recreational weed and employment contracts that prohibit the use of marijuana. The league, and individual teams, are within their rights to require certain behavior from their players as a condition of employment, of course, but given the NFL’s troubled history with punishing more serious offenses like, say, serial sexual assaults or domestic violence by star players, enforcing an absolute prohibition against marijuana use seems like it should be a lesser priority.

The league’s anti-pot policy might make a degree of sense if it was part of an overall effort to prevent teams from using painkillers of any kind, lest some players or teams gain a competitive advantage on the gridiron. That’s hardly the case. In fact, the NFL currently is fighting a lawsuit from several former players who allege that official team doctors literally handed out piles of opoids and other painkillers—ignoring federal laws for prescription drugs and disregarding medical guidance—before, during, and after games.

Deadspin reported extensively on the details on the lawsuit last month, including stunning details like this:

On November 22, 2003, the night before an away game in Baltimore, Maryland, trainer Ken Smith gave named Plaintiff Jerry Wunsch an Ambien. The next day, before the game, Coach Holmgren asked Mr. Wunsch if he could play, despite excruciating pain down the whole right side of his body, to which Mr. Wunsch replied “I can’t play, Coach. I can’t play today. It’s my first game. I just can’t do it.” Coach Holmgren then called Sam Ramsden, the Seahawks’ trainer, and asked “what can we do to help Mr. Wunsch play today.” Mr. Ramsden brought the doctors over, who gave him a 750 mg dose of Vicodin and Tylenol-Codeine #3, saying they would help, even though Mr. Wunsch was already taking anti-inflammatories as prescribed by his doctors. He played – feeling high – and after half time, the Medications wore off and he told anyone who would listen that he could not play anymore, but Mr. Ramsden, the head trainer, gave him another 750 mg of Vicodin on the field for the second half, telling Mr. Wunsch, “Don’t sue me personally for this.”

“The medicine being pumped into these guys is just killing people,” former player Nate Jackson told Rolling Stone last year, as part of an excellent piece on the league’s nonsensical marijuana rules and how they’ve led to an over-reliance on opiods. “NFL owners think marijuana is something players do to get around the system, not knowing that it’s actually allowing them to be in the system. It’s allowing them to deal with the rigors of the game.”

The NFL’s war on marijuana began in the 1980s and actually pre-dates the league’s ban on using steroids (marijuana was banned in 1982, steroids the next year). The league implemented suspensions for players caught using weed in an agreement signed with the players union in 1989. Though the current collective bargaining deal loosened some of the NFL’s marijuana rules, the league has the strictest punishments among America’s major professional sports. A positive test by NFL standards is more than 35 nanograms per milliliter, while Major League Baseball allows 50 nanograms per milliliter and the World Anti-Doping Agency (which sets guidelines for the Olympics and other international events) allows up to 150 nanograms per milliliter.

Players that fail drug tests in the NFL get punished more harshly too. Fines start after a second offense and a fourth offense results in a four game suspension (a quarter of the regular season). By comparison, a player in the National Basketball Association faces a 10 game suspension (about 12 percent of the season) following a fourth offense.

Today, as the rest of America reconsiders the decades-long, endlessly wasteful war on drugs, it only makes sense that the NFL would do the same. In this case—even if it pains many football fans to admit it—Jerry Jones is right.

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Gorsuch Filibuster Likely, Susan Rice Vs. Trump Team, More on Russian Train Attack: P.M. Links

  • Russian attackThe Democrats have enough votes to filibuster Judge Neil Gorsuch’s nomination to the Supreme Court. Bring on the nuclear option, probably. The Senate Judiciary Committee advanced his nomination, 11-9.
  • Former National Security Adviser Susan Rice apparently attempted to request the identities of people connected to Donald Trump presidential transition team whose communications were incidentally collected as part of federal surveillance of foreign leaders. This was in all likelihood legal, but will nevertheless probably be a point of political contention.
  • Authorities say that the explosion on a train in St. Petersburg, Russia, was a terrorist attack, but nobody has claimed credit for the attack yet. Eleven were killed. A second explosive device was found and defused at another station.
  • Despite New York City’s status as a “sanctuary city,” police officials are nevertheless informing the feds about court appearances of immigrants charged with crimes and subject to deportation. They’re just not helping detain immigrants at the government’s request.
  • A federal judge has blocked Indiana’s law requiring a woman to get an ultrasound and then wait 18 hours before getting an abortion.
  • So many journalists have been killed in Mexico that a newspaper near the border has decided to shut down.

Follow us on Facebook and Twitter, and don’t forget to sign up for Reason’s daily updates for more content.

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Spicer Says Susan Rice Investigation Moving In A “Troubling Direction”

Earlier this morning we noted that it was looking increasingly likely that Obama’s National Security Advisor, Susan Rice, was behind the unmasking of the identity of various members Trump’s team who were ‘incidentally’ surveilled during the 2016 campaign (see “Confirmed: Susan Rice “Unmasked” Trump Team“).  If true, of course, this raises a number of questions about the Obama administration’s motives and whether various members of his team may have broken laws.

And while Spicer was somewhat non-committal on the issue at his daily press briefing earlier, pending the results of an ongoing investigation, he did say that new revelations were heading in a “troubling direction.”

Reporter“Senator Rand Paul has called the reports that Susan Rice ordered the unmasking of Trump’s associates a “smoking gun”, does the President agree with that characterization and what does he think of these reports?”

 

Spicer:  “There is an ongoing investigation, that we have supported, looking into this matter.  I will say there is a troubling direction that some of this is going in.  But we’re going to let this review go on before we jump to [conclusions].”

 

“But I think that it is interesting, the lack of interest that I’ve seen from the press corps in one set of developments versus another set of developments.” 

 

Meanwhile, as Trump has pointed out many times, Spicer went on to tell Fox News that the most troubling part of the whole situation was the media’s apparent ‘lack of interest’ in the potentially illegal actions of Susan Rice versus their complete fascination with Trump’s alleged ties to Vladimir Putin for which no one has offered a single shred of evidence… 

 

…none of which is all that surprising, now is it?  

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Stocks Start Q2 With A Whimper: VIX Smash Saves Dow As Reflation Trade Is MIA

With an otherwise stellar Q1 ending with a whimper, traders expected that Monday would bring a return if not the “animal spirits”, then at least the Reflation trade. That, however did not happen, for various reasons as profiled earlier by RBC, among which:

  • rates reversing fueled by softening ‘soft’ data vs ‘prices paid’ overshoot, helping to ‘kick off’ a reversal within equities ‘momentum’ longs as ‘growth’ names fading,’defensives’ lead and ‘reflation’ is again hammered.
  • Early focus on the big ‘Prices Paid’ beat in today’s ISM (highest absolute # since ’11), with S&P futures at lows on the session following the release indicating ‘bad inflation’ concerns when weighed against signs of ‘slowing growth’ (Street Q1 GDP downgrades, Atlanta Fed GDPNow downticking, Markit comments on Q2 post Manu PMI release) and weakening ‘soft data.’  This harkens back to the post Dec Fed concerns around ‘stagflation’ potentials and / or ‘hiking faster than we’re growing’ fears…i.e. Fed “policy error.”
  • Firmer USD (“policy divergence” and start of new Japan fiscal year highlighted below) is meagerly attempting to keep US rates from breaking dangerously lower (recent move lower fueled by the leveraged fund short-squeeze in USTs turning now to interest in establishing LONGS), but this week’s heavy econ calendar will also have fundamental impacts.
  • Today’s US data update is showing us that the much-focused-upon ‘hard vs soft’ data dynamic is showing signs of a ‘true-up,’ with the scale of ‘soft’ data survey beats reverting modestly lower (also see the ‘forward looking’ quote below from Markit’s Chief Business Economist—“…the loss of momentum seen in February and March bodes ill for the second quarter”).
  • leadership from ‘defensives’ / ‘low volatility’ / ‘anti-beta’ which certainly isn’t helpful for the buy-side majority.  Initially the ‘new safe haven’ of ‘growth’ held, although as Tech slips further back on the S&P sector performance tables, we see ‘momentum’ fading as well.  Bringing up the rear we see ‘cyclicals’ / ‘value’ getting properly hammered as the aforementioned ‘duration sensitive’ sectors rally, as ‘reflation’ takes another hit.

After sliding sharply at the open, just as news of the St. Petersburg explosion broke, the market managed to grind its way higher all day…

… with the Dow emerging into the green shortly before the close courtesy of a relentless selloff in the VIX, which closed at the day’s low, and barely in the green after being 10% higher earlier in the session.

Whatever the internal market dynamics that caused the rebound, however, the otcome was clear: the reflation trade failed to make an appearance all day, despite speeches by several Fed members including a repeat appearance by Bill Dudley (who howeverf was warning about the negative impact of record student loans, even if with a 5 year lag) because while the USD dollar was modestly higher…

…. the stronger Yen did not help, and with the USDJPY sliding back under 111, the expected bid from Japanese buyers on the first day of the new year failed to materlize.

 

To be sure, there was no trace of reflation across the TSY complex, which saw yields slide at the start of the day, and failed to catch a bid throughout the day,

To be sure, there was no reflation in the 5Y5Y complex, which has pancaked since the early days after the Trump election and if anything has been on a modest downward path.

Arugably the key driver behind the reflation trade in recent weeks, the price of crude, was hite early on, and failed to regain its Friday closing price, even though $50 has emerged as a support level for the time being.

* * *

But while the overall market started Q2 with a whimper at best, one stock ignored decided to yet again crush shorts, and soared to new all time highs, while its CEO was gloating at the expense of shorts: Tesla hit new all time highs today…

… as for Amazon, which likewise closed at new all time highs, it is now just over $100 away from $1,000/share and making Jeff Bezos the richest man in the world.

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New York Fed’s Dudley Admits Fed-Inspired Student Debt Bubble Is Headwind For Economy

Having confessed to the fact that Fed "forecasts" are as useless as any other guess (and not commitments), NY Fed's Bill Dudley admitted this morning that the Fed-inspired student-loan bubble is a debt overhang that both inhibits home ownership and is a headwind to economic growth.

“If you look at the Summary of Economic Projections, it’s a forecast” and not a commitment, New York Fed President William Dudley says in New York at press conference on trends in household borrowing and student debt.

We would tend to suggest it was not even that Mr. Dudley…

 

But the real headlines were for the research report his PhDs had created that suggested – shock, horror – that gorging one's self on cheap credit in the short-run to get an education that is worth less each day (because any Tom, Dick, or Dufus can now get to college – because it's fair and just and right) is potentially a bad thing and could hamper the long-run economy.

No shit, we hear you cry. But let's let the PhDs explain… Student debt has more than doubled over the past decade to $1.3 trillion. But a significant minority of borrowers are defaulting on their student loans and in turn harming their credit and ability to purchase homes, the report shows.

More than 1 in 10 borrowers are at least 90 days behind on their student debt. The delinquency rate for student loans is far higher than it is for other forms of credit, including mortgages, credit cards and auto loans.

 

Only about 5% of student-loan borrowers owe more than $100,000. But they account for almost a third of all outstanding student debt. Borrowers on average leave school owing about $34,000, up nearly 70% from a decade ago.

Student debt appears to dampen homeownership rates among those with the same level of education, the report said.

our analysis shows that for any given level of educational attainment, those with student debt are less likely to own a home in their early thirties than those who completed their education without taking on as much—or any—debt.

 

To the extent that the statistical associations we uncovered reflect a causal impact of debt on homeownership, they have important implications for the housing market and future spending behavior.

 

Homeownership represents an important means of wealth accumulation, with housing equity being the principal form of wealth for most households.

 

So, changes in the way we finance higher education, with an increased reliance on student debt, may have important implications for the housing market and the distribution of wealth. We expect to report new findings from ongoing research on this topic in the future.

So after driving down rates to 5000 year record lows to force cheap credit on the world to inspire some as-yet-unsighted animal spirits real recovery, The Fed now suddenly sees the light and realizes that burdenning people with excess debt may not be the best idea after all.

As far as Mr. Dudley's sudden discovery of the common-sense lobe of his brain, we have one word… "brilliant"

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Beginning Of The End? Auto OEMs Miss March Sales ‘Bigly’ As Stocks Tumble

Despite continued heavy incentive spending, every auto OEM, with the exception of Nissan, missed their sales forecasts for the month of March.  The “D3” were the biggest losers of the month with GM sales up 1.6% YoY vs. estimates of +7.0% while Ford sales dropped -7.2% and Fiat Chrysler declined -5.0%.  Car sales were even worse with industry volumes down 10.6% overall versus light truck sales that were up 5.2% according to Autodata.

As Bloomberg points out, the massive sales misses come even though there “were a lot of incentives during the month” which will almost certainly result in further production cuts.

The results cast doubt on expectations that industrywide U.S. auto sales would bounce back following declines in the first two months of the year. Carmakers are using heavy discounts to try to trim inventory that’s swelled to the highest level in more than a decade. GM has dialed back output of cars such as the Chevrolet Cruze, while Fiat Chrysler is eliminating models including the Dodge Dart compact.

 

“Sales are under forecast, and there were a lot of incentives during the month,” Michelle Krebs, an analyst with Autotrader.com, said by phone. “Before long, we will see more production cuts.”

 

GM sees the the industry’s annualized sales pace, adjusted for seasonal trends, accelerating to 17 million for the month, trailing analysts’ estimates for a rate of 17.2 million. The selling pace was 16.7 million a year earlier.

Here’s how each of the large OEMs fared during the month:

Auto Sales

 

Meanwhile, overall auto sales so far in 2017 have been a disaster despite Ford’s assertion that they would remain elevated for the foreseeable future atop a so-called ‘plateau’.  As we noted once before, the crazy thing about plateaus is that there is a cliff on both sides…

Auto SAAR

 

Alas, no amount of incentive spending seems to be enough to fix that pesky inventory issue that keeps piling up on dealer lots across the country.

Auto Inventory

 

And auto investors finally seem willing to admit that perhaps ‘everything is not awesome’ as auto supplier and OEM’s all tanked in early trading.

Autos

Autos

 

So what say you?  Temporary blip on Ford’s plateau or bursting of the subprime auto bubble?

via http://ift.tt/2o39gXU Tyler Durden