Hyperinflation Can Happen Much Faster Than You Think

Hyperinflation Can Happen Much Faster Than You Think

Authored by Jim Rickards via The Daily Reckoning blog,

There’s no universally agreed-upon definition of hyperinflation. But one widely used benchmark says hyperinflation exists when prices increase 50% or more in a single month. So if gasoline is $3.00 per gallon in January, $4.50 per gallon in February and $6.75 per gallon in March and the prices of food and other essentials are going up at the same pace, that would be considered hyperinflationary.

It also tends to accelerate once it begins, meaning the monthly 50% increase soon becomes 100%, then 1,000%, etc., until the real value of the currency is utterly destroyed. Beyond that point, the currency ceases to function as a currency and becomes litter, good only for wallpaper or starting fires.

Many investors assume that the root cause of hyperinflation is governments printing money to cover deficits.

Money printing does contribute to hyperinflation, but it is not a complete explanation.

As I mentioned above, the other essential ingredient is velocity, or the turnover of money.

If central banks print money and that money is left in banks and not used by consumers, then actual inflation can be low.

This is the situation in the U.S. today. The Federal Reserve has expanded the base money supply by over $6 trillion since 2008, with over $3 trillion of that coming since last February alone.

But very little actual inflation has resulted, or at least very little official inflation. This is because the velocity of money has been decreasing. Banks have not been lending much, and consumers haven’t been spending much of the new money. It’s just sitting in the banks.

Money printing first turns into inflation, and then hyperinflation, when consumers and businesses lose confidence in price stability and see more inflation on the horizon. At that point, money is dumped in exchange for current consumption or hard assets, thus increasing velocity.

As inflation velocity spikes up, expectations of more inflation grow, and the process accelerates and feeds on itself. In extreme cases, consumers will spend their entire paycheck on groceries, gasoline and gold the minute they receive it.

They know holding their money in the bank will result in their hard-earned pay being wiped out. The important point is that hyperinflation is not just a monetary phenomenon — it’s first and foremost a psychological or behavioral phenomenon.

Hyperinflation doesn’t affect everyone in a society equally. There are distinct sets of winners and losers.

The winners are those with gold, foreign currency, land and other hard assets. The losers are those with fixed income claims such as savings, pensions, insurance policies and annuities.

Debtors win in hyperinflation because they pay off debt with debased currency. Creditors lose because their claims are devalued.

Hyperinflation doesn’t emerge instantaneously. It begins slowly with normal inflation and then accelerates violently at an increasing rate until it becomes hyperinflation. This is critical for investors to understand because much of the damage to your wealth actually occurs at the inflationary stage, not the hyperinflationary stage. The hyperinflation of Weimar Germany is a good example of this.

In January 1919, the exchange rate of German reichsmarks to U.S. dollars was 8.2 to 1. By January 1922, three years later, the exchange rate was 207.82 to 1. The reichsmark had lost 96% of its value in three years. By the standard definition, this is not hyperinflation because it took place over 36 months and was never 50% in any single month.

By the end of 1922, hyperinflation had struck Germany, with the reichsmark going from 3,180 to one dollar in October to 7,183 to one dollar in November. In that case, the reichsmark did lose half its value in a single month, thus meeting the definition of hyperinflation.

One year later, in November 1923, the exchange rate was 4.2 trillion reichsmarks to one dollar. History tends to focus on 1923 when the currency was debased 58 billion percent. But that extreme hyperinflation of 1923 was just a matter of destroying the remaining 4% of people’s wealth at an accelerating rate. The real damage was done from 1919–1922, beforehyperinflation, when the first 96% was lost.

If you think this can’t happen here or now, think again. As I also mentioned above, something like this started in the late 1970s. The U.S. dollar suffered 50% inflation in the five years from 1977–1981. We were taking off toward hyperinflation, relatively close to where Germany was in 1920.

Most wealth in savings and fixed income claims had been lost already. Hyperinflation in America was prevented by the combined actions of Paul Volcker and Ronald Reagan, but it was a close call.

Today the Federal Reserve assumes if inflation moves up to 3% or more in the U.S., they can gently dial it back to their preferred 2% target. But moving inflation to 3% requires a huge change in the behavior and expectations of everyday Americans. That change is not easy to cause, and once it happens, it is even harder to reverse.

If inflation does hit 3%, it is more likely to go to 6% or higher, rather than back down to 2%. The process will feed on itself and be difficult to stop. Sadly, there are no Volckers or Reagans on the horizon today. There are only weak political leaders and misguided central bankers.

Inflation will accelerate, as it did in the U.S. in 1980 and in Germany in 1920. Whether hyperinflation comes next remains to be seen, but it can happen more easily than most people expect. By then, the damage is already done. Your savings and pensions will mostly be gone.

The assets you need now to preserve wealth in the future are simple and timeless. Gold, silver, land and select tangibles in the right amounts will serve you well. Mutual funds designed specifically to protect against inflation should also be considered.

Hugo Stinnes is practically unknown today, but this was not always the case. In the early 1920s, he was the wealthiest man in Germany, at a time when the country was the world’s third-largest economy.

He was a prominent industrialist and investor with diverse holdings in Germany and abroad. Chancellors and Cabinet ministers of the newly formed Weimar Republic routinely sought his advice on economic and political problems.

In many ways, Stinnes played a role in Germany similar to the role Warren Buffett plays in the U.S. today. He was an ultra-wealthy investor whose opinion was eagerly sought on important political matters. He exercised powerful behind-the-scenes influence and seemed to make all the right moves when it came to playing the markets.

If you’re a student of economic history, you know that from 1922–1923 Germany suffered the worst hyperinflation experienced by a major industrial economy in modern times.

Yet, Stinnes was not wiped out during this hyperinflation. Why was that?

Stinnes was born in 1870 into a prosperous German family that had interests in coal mining. Later, he inherited his family’s business and expanded it by buying his own mines.

Then, he diversified into shipping, buying cargo lines. His own vessels were used to transport his coal from his mines abroad and within Germany along the Rhine River. His vessels also carried lumber and grains. His diversification included ownership of a leading newspaper, which he used to exert political influence. Prior to the Weimar hyperinflation, Stinnes borrowed vast sums of money in reichsmarks.

When the hyperinflation hit, Stinnes was perfectly positioned. The coal, steel and shipping retained their value. It didn’t matter what happened to the German currency; a hard asset is still a hard asset and does not go away even if the currency goes to zero.

Stinnes’ international holdings also served him well because they produced profits in hard currencies, not worthless reichsmarks. Some of these profits were kept offshore in the form of gold held in Swiss vaults. That way he could escape both hyperinflation and German taxation. Finally, he repaid his debts in worthless reichsmarks, making them disappear.

Not only was Stinnes not harmed by the Weimar hyperinflation, but his empire also prospered, and he made more money than ever. He expanded his holdings and bought out bankrupt competitors.

Stinnes made so much money during the Weimar hyperinflation that his German nickname was Inflationskönig, which means Inflation King. When the dust settled and Germany returned to a new gold-backed currency, Stinnes was one of the richest men in the world, while the German middle class was destroyed.

Stinnes saw the German hyperinflation coming and positioned accordingly. Hyperinflation may or may not arrive in the U.S., but you can be certain that inflation eventually will.

You might not become ultra-wealthy like Stinnes, but by owning hard assets like silver and gold, you can actually prosper from the coming inflation while millions of Americans see the value of their savings destroyed.

But you can’t wait until serious inflation arrives. By then it’ll be too late. Make sure you have your gold and other hard assets beforehand. There’s no time like the present.

Tyler Durden
Sat, 02/06/2021 – 08:10

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Norway’s Race To Electrify Economy Sends Power Use To Record High 

Norway’s Race To Electrify Economy Sends Power Use To Record High 

Norway’s push to become the first fully electric society by 2050 has resulted in the country’s government ministers recently announcing the sales of combustion engine cars will be phased out by 2025. The Scandinavian country, home to five million people, has been the world leader in the adoption of electric vehicles. There are more than 10,000 charging stations throughout the country. But the push towards a green society comes at a cost as energy demand this week surged to record highs. 

Bloomberg data shows between 8 a.m. and 9 a.m on Thursday morning, Norwegian consumers used 25,146-megawatt-hours (MWh), or the same amount of power as its neighbor Sweden who has twice as many residents. The spike in energy demand (mainly from electric cars and 85% of all indoor spaces powered by electric heat) is due to an ongoing cold spell, outpacing domestic production. 

Source: Bloomberg 

Power grid manager Statnett told Bloomberg that frigid temperatures in Norway, something we pointed out last month, led to the surge in energy demand. 

“A larger and larger share of the energy consumption is being used as electricity,” Irene Meldal, head of communications at Statnett, said. “More than half of the energy Norwegians use is already in the form of power.”

Norway wants to increase the number of electric cars and its economy’s electrification in the decades ahead. BofA’s equity strategist Haim Israel shows Norway expects to become a net-zero emissions country by 2050.

Source: BofA

Norway has set itself an ambitious target in the race for electrification. However, we must point out that increased energy usage means the country must continue building out its infrastructure to handle higher baseload to prevent blackouts. It expects energy consumption to increase by 30% by 2040. 

Tyler Durden
Sat, 02/06/2021 – 07:35

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The Rapidly Failing EU

The Rapidly Failing EU

Authored by Alasdair Macleod via GoldMoney.com,

It is not widely realised that the EU concept is on its last legs. The bureaucratic inefficiencies and bad leadership were fully exposed last week over the inability of the EU to distribute vaccines and the attempts to blame everyone else. But a larger problem is hidden in the euro structure, comprised of banking and TARGET2 settlement systems.

This article discusses the precarious financial position of the commercial banks and the gaming of the TARGET2 system by national regulators to hide bad debts. The bad debt situation is now set to deteriorate at a faster pace thanks to the economic consequences of coronavirus lockdowns and is not helped by lack of vaccines, which defers the return to economic normality.

It is no exaggeration to conclude that the failure of its settlement system will bring down the ECB and the national central banks. The ECB will be gone, and NCBs will reform to administer new national currencies — there can be no other outcome.

With the euro failure the European Commission is likely to cede power to national interests, heralding a new era of immense political uncertainty as new currencies and government financing arrangements are devised.

Introduction

At a political level there appears to be frightening levels of ignorance about the economic consequences of punishing Britain for Brexit at a time when the EU’s own economy is teetering on the edge of a financial crisis.

Last week Britain’s remaining Remainers were revealed by the extraordinary behaviour of the European Union to have been little more than tilting at windmills. Without consulting the Irish or the British, the Commission triggered Article 16 of the Trade and Cooperation Agreement, in effect putting a customs border between Ireland and Northern Ireland. This was in direct contravention of earlier promises to respect the Good Friday agreement by not doing so. It was at the EU’s insistence that no border should exist onshore, separating Northern Ireland from the rest of the UK for customs’ purposes.  Despite this breach of an agreement upon which the ink was barely dry, the British government managed to keep its cool and persuade the EU to reconsider and back down.

The reason for recounting these events is to make the point that the EU system apparently has been designed to promote and appoint the unelectable in a grand-scale parody of the Peter principle. This origins behind this particular foul-up were bureaucratic. The EU was determined to take covid vaccine distribution out of the hands of member states and then procrastinated for three vital months while other nations such as the UK and US placed advanced orders for hundreds of millions of vaccines.

Policies, mostly political without much regard to economic consequences, get mired in EU bureaucracy, plus the need often to consult 27 different member states and print labels in all their different languages. Consequently, the European Medicines Agency, which reportedly was closed on holiday between 23 December and 4 January in the middle of the pandemic, only approved the AstraZeneca vaccine last Friday, by which time Britain had already vaccinated millions.

Far fewer Europeans proportionately have been immunised, with dire political consequences for Europe’s national leaders, particularly those with elections looming, such as in France. The Italian government has fallen, yet again, with its handling of the coronavirus crisis very much to blame.  And unusually for the normally tolerant Dutch public, even they have rioted in the streets.

This is not the only post-Brexit teething problem. The UK government refused to accord diplomatic status to the EU on the basis that member nations are represented in London already and that the EU is not a state, but a commission. Logistics are still being fouled up between the UK and France by weaponised bureaucracy, which is already leading to further friction at senior government levels.

Behind it all appears to be an overriding desire to punish the UK for Brexit. To the other 27 nations remaining in the EU the UK must be shown to suffer from the disadvantages of independence. This is why the British success in vaccinating its own population and the ineptitude of the EU rankles so much. If the focus on punishing the UK for Brexit continues, it may hurt the British economy, but more importantly it will hurt the EU even more, bearing in mind trade imbalances between the two favour the EU’s exports.

The EU is sacrificing its own economy when it can least afford to do so. But while we are deflected by the politics, there are far deeper issues to do with economics and money.

The monetary error behind the EU concept

The concept underlying the EU can be summed up as the socialising of the wealth of the northern states to subsidise the southern and less developed member nations. In keeping with its post-war low political profile, Germany went along with the European project’s evolution from being a trading bloc into a currency union.

The euro was intended to be a leveller, enabling nations like Italy, Spain and Greece to piggyback on Germany’s debt rating, on the statist argument that being issued by a sovereign nation tied into a common currency and settlement system, there is little difference between owning German and Italian, or even Greek sovereign debt. The consequences were that through investing institutions Germany’s savers directly and indirectly subsidised debt issued at levels that fail to compensate for the borrower’s true risk. The FRED chart below shows the effect on the Italian 10-year benchmark bond yield.

In the run up to the replacement of national currencies by the euro the Maastricht rules for qualification were ignored, otherwise Italy’s level of sovereign debt would have disqualified its entry. The market rate for Italy’s 10-year government bond was a yield of 12.4% when the Maastricht treaty setting the conditions for entry into monetary union came into effect in 1992. Germany’s equivalent benchmark yielded 8.3%. Today the German benchmark yields minus 0.62% and the Italian plus 1.07%. Not only has the gap converged to less than 2%, but by the end of 2020 the quantity of Italian government debt had increased to over 150% of GDP.

Similar examples can be made of the other PIGS — Portugal, Greece and Spain. Clearly, the evidence is that markets are not pricing sovereign risk as they should, and their yields are being heavily suppressed. The outlook for budget deficits in these nations is simply dire, even leading to recent speculation that the ECB will have to cancel some of its huge holdings of the PIGS’s government debt.

That this is the case leads us to define the basic flaw in the euro system: it is not an economically determined project at all; it is simply a political construction to deliver political objectives.

The ECB and its impossible task

In the introduction we laid bare the lack of bureaucratic urgency over vaccination procurement and the subsequent panic in Brussels. By way of contrast, the ECB’s president served as Chair of the IMF and before that held a number of roles in the French government, including economy and finance minister. She was appointed to the ECB as a safe pair of hands. And as such, she has inherited an impossible position, because she has no mandate to moderate the inflationary policies she inherited

More correctly, she inherited two impossibilities. The first is to continue to distribute Germany’s national savings to support the PIGS, and the second is a banking system that is well and truly broken. Table 1 shows the relationship between the Eurozone G-SIBs’ balance sheet totals, their balance sheet equity and market capitalisations to illustrate the latter point.

G-SIB is the acronym for a global systemically important bank, which has extra capital buffers designed to ensure it does not create or spread counterparty risk. By implication, smaller banks are less secure, so these Eurozone G-SIBs should be better capitalised in terms of available liquidity. Yet, when one observes that Société Générale’s equity valuation in the market is only 21.1% of its book value, giving shareholders a market leverage of 101.4 times its balance sheet one must take note. And in taking note the true level of non-performing loans should also be established as well as any off-balance sheet liabilities. Other Eurozone G-SIBS are less operationally geared for their shareholders, but there is little doubt that their market ratings inform us that after taking account of undeclared NPLs many of them are not only technically insolvent but shouldn’t be trading.

Much of the devil is to be found in those non-performing loans. It has become routine for national regulators to deem them performing so that they can act as collateral for loans from the national central bank. When they then become lost in the TARGET2 settlement system they are forgotten, and miraculously the commercial bank appears solvent again. But TARGET2 becomes riddled with those bad debts and imbalances arise as the next chart from the ECB’s data warehouse shows.

This is one way Germany’s national savings are being redistributed to the PIGS. At end-December, Germany’s Bundesbank was “owed” €1,136bn, an amount that has increased by 26% in 2020. At the same time, the greatest debtors, Italy, Spain, Greece and Portugal increased their combined debts by €242bn to €1,180bn.  But the most rapid deterioration for its size is in Greece’s negative balance, more than doubling by €54.6bn from €25.7bn at end-2019. Spain’s deficit is also increasing at a worrying pace, up from €392.4bn to €500bn, and Italy’s from €439.4bn to €516bn.

If one national central bank runs a Target2 deficit with the other central banks, it is because it has loaned money to its commercial banks to cover payment transfers, instead of progressing them through the settlement system. The loans to commercial banks appear as an asset on the national central bank’s balance sheet, which is offset by a liability to the ECB’s Eurosystem through TARGET2 — hence the PIGS’ deficits. But under the rules, if the TARGET2 system fails, the costs are shared out by the ECB on the pre-set capital key formula based on the equity ownership of ECB shares by the national banks.

The ECB itself has a deficit of €342bn arising from non-transfer of bond purchases by national central banks on its behalf, reducing apparent deficits among the debtors and suppressing the amount owed to NCBs like the Bundesbank. In other words, the ECB’s negative balance means that the seriousness of the situation in underrepresented by the statistics.

It is in the interest of a national central bank to run a greater deficit in relation to its capital key by supporting the insolvent banks in its jurisdiction. That way, if TARGET2 fails, its write-off becomes greater than its contribution to the ECB’s recapitalisation. Along with Luxembourg, Germany is the obvious loser in the arrangement. Germany’s equity ownership in the ECB is 26.38% of the euro-area national banks’ total equity interest. If TARGET2 collapsed, the Bundesbank would lose the trillion plus euros owed to it by the others and the ECB itself, and additionally have to pay up to €400bn of the net losses, based on current imbalances. That is currently a notional cost for the Bundesbank of at least €1.536 trillion, wiping out its own balance sheet.

To understand how and why the problem arises, we must go back to the earlier European banking crisis following Lehman, which has informed current regulatory practices at national levels. If the national banking regulator deems loans to be non-performing, the losses would be a national banking problem. Alternatively, if the regulator deems them to be performing, they are eligible for the national central bank’s refinancing operations. A commercial bank using the questionable loans as collateral borrows from the national central bank, which in turn borrows to cover by withholding payments into the TARGET2 system. Insolvent loans are thereby removed from the PIGS’ national banking systems and lost in the Eurosystem.

In Italy’s case, the very high level of non-performing loans peaked at 17.1% in September 2015 but by mid-2020 had been reduced to 6.5%. Given the incentives for the regulator to deflect the non-performing loan problem from the domestic economy into the Eurosystem, it would be a miracle if any of the reduction in NPLs is genuine. And with all the covid-19 lockdowns, Italian NPLs will be soaring again and much of this increase is yet to be reflected in the commercial banks’ accounting systems.

In the member states with negative TARGET2 balances such as Italy, there have been long established and growing trends towards liquidity problems for legacy industries, rendering many of them insolvent for decades without the drip feed of additional credit. With the banking regulator incentivised to not admit these recorded and unrecorded NPL problems in the domestic economy, loans to these insolvent companies have been continually rolled over and increased by funding them through TARGET2. The consequence is that new businesses have been starved of bank credit for lack of balance sheet and banking enthusiasm. The system which has turned commercial banks into zombies along with the majority of their borrowers could not be more calculated to cripple the Italian economy and restrict its prospects for recovery.

Officially, there is no problem, because the ECB and all the national central bank TARGET2 positions net out to zero, and the mutual accounting between the central banks in the system keeps it that way. To its architects, a systemic failure of TARGET2 is inconceivable. But because some national central banks are now accustomed to using TARGET2 as a source of funding for their own insolvent banking systems, the coronavirus crisis threatens to increase imbalances even further, threatening to bring the euro-settlement system down.

The Eurosystem member with the greatest problem is Germany’s Bundesbank, now owed well over a trillion euros through TARGET2. The risk of losses is now set to accelerate rapidly as a consequence of repeated rounds of Covid lockdowns in the PIGS. The Bundesbank is right to be very concerned. This is a direct quote from Professor Sinn’s paper referenced in endnote iii:

“… the Target issue hit political headlines when the new President of the German Bundesbank, Jens Weidmann, voiced his concerns over the Bundesbank’s target claims in a letter to ECB president Mario Draghi. In the letter Weidmann not only demanded higher credit rating criteria for collateral submitted against refinancing loans, but also called for collateralisation of the Bundesbank’s soaring Target claims. Weidmann wrote his Target letter after several months of silence on the part of the Bundesbank, during which it conducted extensive internal analysis of the Target issue. This letter marked a departure by Weidmann from the Bundesbank’s earlier position that Target balances represent irrelevant balances and a normal by-product of money creation in the European currency system.”

So Weidmann knows precisely the danger described in this article. As a mechanism that permits the PIGS to shelter nonperforming loans in increasing quantities, the TARGET2 setup has become rotten to the core. And now, thanks to the economic impact of the coronavirus, sooner rather than later the settlement system will blow up. To balance the asset side of its balance sheet the Bundesbank has liabilities of €2,227bn owed into its commercial banking system, and insufficient equity to absorb TARGET2 write-offs. Nor have the PIGS central banks the capital to cover them. In other words, if TARGET2 collapses, all Eurozone central banks including the ECB will simply fail.

Until then, TARGET2 is a devil’s pact which is in no one’s interest to break.

The sheer scale of a TARGET2 failure makes a resolution appear impossible. Current imbalances over the whole system total €1.621 trillion, but actually more when the ECB’s own borrowings through the system are taken into account. As mentioned above, according to the capital keys, in a systemic failure the Bundesbank’s net TARGET2 assets of €1.136 trillion would be replaced by liabilities up to €400bn, the rest of the losses being spread around the other national banks.[v] No one knows how it would work out because failure of the settlement system was never contemplated; but many if not all of the national central banks would have to be bailed out, presumably by the ECB as guarantor of the system. But with only €7.66bn of subscribed capital the ECB’s balance sheet equity is miniscule compared with the losses involved, and its shareholders will themselves be seeking bailouts in turn to bail the ECB. A TARGET2 failure would appear to require the ECB to effectively expand its QE programmes to recapitalise itself and the whole eurozone central banking system.

Now that really would be a crisis, the likes of which has never been seen before, where a central bank prints money purely to save itself and its regional agents.

The ending of TARGET2 is therefore likely to be a complete write-off for the national central banks and also will mark the end of the ECB, at least in its current form. Assuming the status of the euro as a medium of credit and exchange is to continue, a different and formulaic system of currency management designed to recapitalise the national central banks and keep the currency moderately scarce throughout the Eurozone would have to be implemented. And its implementation would have to be instantaneous, and probably prove to be impossible.

The EU’s future following the ECB’s failure

The failure of TARGET2 would require national central banks to address their relationship with their commercial banking networks properly. It is beyond our scope to see how this might be done in individual jurisdictions, being more interested in the bigger picture and the prospects for the euro and its successors.

If the TARGET2 system collapses, loans denominated in euros will be called in. To the extent that EU corporations have deposits and liquid investments in foreign currencies, they will inevitably become a source of funds, driving the euro’s exchange rate higher against those other currencies. Furthermore, foreigners who use the euro as the basis of a carry trade, for example to back positions in the fx swap market, will also have their positions unwound, leading to further demand for euros on the foreign exchanges. This phenomenon, which is usually associated with the US dollar, is often described as a crisis-driven dash for cash.

Given the extent to which the dollar is currently over-owned by foreigners and while the euro is under-owned internationally, it is the dollar which is likely to suffer most from a eurozone monetary crisis, at least initially. This will be the background against which Germany’s Bundesbank will be considering its options.

The case for a new mark

An imminent failure of the Eurosystem, which we can now see is becoming inevitable, is also being seen as a danger by the Bundesbank. This is the logical conclusion from Weidmann’s letter to Mario Draghi at the ECB. It therefore follows that there is a Plan B being developed, which at the least will be intended to insulate the Bundesbank from the difficulties faced by other national central banks and the ECB itself. This can only be achieved with a new currency, based on the Germany mark before it was folded into the euro. That way the euro-based Bundesbank can be written off as the Eurosystem collapses, while a mark-based Bundesbank emerges.

Germany will not want to resuscitate old enmities. The Bundesbank will be acutely aware what its own survival would mean for the PIGS, and especially for France whose to be dashed eurozone ambitions are essentially political. Interest rates in the replacement currencies for these nations would almost certainly rise sharply, collapsing their bond markets, undermining any surviving commercial banks, and national finances. These nations would have no practical alternative but to seek the shelter of a better form of money than the euro in order to stabilise their bond markets, and with a view to having continuing access to credit. In short, the monetary consensus would move from an overtly inflationary monetary system gamed by the national central banks and their regulators to one based on a sounder form of money.

Instead of fully abandoning inflationary habits, the intention would always be to resume inflationary funding. The Bundesbank is therefore likely to resist moves which in effect leaves it in the position of the defunct ECB, taking on responsibility for the circulation of all money in the former eurozone. Admittedly, the German government might view the situation differently, but even it is likely be aware of the political implications of appearing to have escaped a euro crisis relatively unscathed compared with the other nations, and then taking over control of the defunct eurozone’s money.

The obvious solution is to return to a credible gold standard, and to encourage other member states to do the same. Figure 2 shows the official gold reserves of key member states, assuming for our purposes that they actually exist, there is no double counting, can be repatriated where necessary and are not leased out to or swapped with other parties.

The ECB’s gold reserves were originally created by transfers from national central banks, so we can assume its 504.8 tonnes will be mostly transferred back to them, because other than central banks outside the eurozone they are the ECB’s only creditors. That being the case, the top ten eurozone holders will have up to 10,702 tonnes between them. The gold is, however, unevenly distributed, with Germany, Italy and France possessing significant reserves. But Holland and Portugal have ample reserves for their size as well.

All these nations, including Germany, are likely to be reluctant to mobilise their gold to back new currencies. Germany recovered from two currency collapses in the last century without doing so, and the Bundesbank is likely to take the view that possession of its gold reserves will be enough to convince its citizens that a new mark will be stable and credible money. Furthermore, it is not sufficient to turn fiat into gold exchange currencies without addressing government spending. Not only does a successful gold standard require balanced budgets, but a deliberate reduction in overall spending must be maintained for the standard to stick over time. The failure of the Maastricht treaty in this respect illustrates the difficulties of fiscal discipline.

Politically, it requires a reversal of the European social democratic ideal, risking a political vacuum, threatened to be replaced by various forms of extremism.

International influences

The political and monetary evolution of a post-euro Europe will not be determined solely by endogenous events. Elsewhere, I have written about the likely fate of the US dollar, which in this inflationary era is likely to be dramatic for different reasons. Obviously, the implications of two separate developing crises for each other and the timings involved cannot be predicted with any certainty, but there are common threads. The most notable is the suppression of interest rates and government bond yields by the ECB and the Fed in their respective jurisdictions.

Both central banks have maintained these objectives by monetary inflation, allowing debt creation to proceed and consequently inflating asset bubbles. These bubbles have different characteristics, the ECB imposing negative interest rates while the Fed has respected the zero bound. With the US economy being more financial in nature and the dollar being the international reserve currency, the dollar’s inflation is the primary driver of global commodity prices and esoterica such as cryptocurrencies — all of which are now inflating rapidly.

A common linkage between the two is through the G-SIBs. A failure in the eurozone’s banking system will almost certainly undermine that of the US, as well as others. History has shown that even a minor bank failure in a distant land can have major consequences worldwide. In this context, it is to be hoped that by exposing the faults in both the TARGET2 system and the eurozone’s commercial banks that a greater understanding of the monetary dangers faced by us all has been achieved. And for citizens in the EU, the regaining of national power from the Brussels bureaucracy should be an improvement on the current situation — assuming it is used wisely.

Tyler Durden
Sat, 02/06/2021 – 07:00

via ZeroHedge News https://ift.tt/39YZ7mN Tyler Durden

Parents: Don’t Be Boring, Relentless Teachers

topicslifestyle-march-2021

It’s snuggly time with your little one, who is not even in kindergarten yet. His little head rests against your shoulder as you open up a picture book. “See?” you say, pointing not to the furry bunny or diabolical cat or tree that keeps amputating herself. “These are the words on the page. This sentence has seven words. This dot is called a period, and it shows the end of a sentence.”

At least, that’s what you’d do if you followed the stultifying advice in a recent Parents magazine piece on how to “Supercharge Every Storytime.” And that’s what we’re here to talk about today: parents who believe they must supercharge every story time, and all the rest of the time they spend with their kids as well.

These parents seem to believe that home must be just like school. And I’m not talking about homeschooling or COVID-19 remote learning. I’m talking about the way parents have started to think of themselves as actual teachers and their kids as students.

Haven’t parents always taught their kids? Yes, of course, says anthropologist David Lancy, author of Raising Children: Surprising Insights From Other Cultures (Cambridge University Press). What’s different today is that interactions at home are modeled on what goes on in the classroom, where an adult instructs and a student sits and (with any luck) soaks it up.

That is actually a pretty new teaching method, historically speaking. Until public schools became popular in the 19th century and then ubiquitous in the 20th, kids mostly learned what they needed to know by watching and imitating others. Their teachers were everywhere and everyone, including their friends and siblings. But once school-based education became the norm, we forgot that kids learn from other kids, from helping out, and from playing.

Even in the 1950s, when Lancy was growing up, school didn’t play such a huge role in childrens’ lives. Once the bell rang at 3 p.m., pupils could go off and not think about school until the next day. There wasn’t much homework. And unless a kid was failing, parents weren’t involved with it.

But in the last generation or two, Lancy observes, school has started seeping into the rest of kids’ experiences. Instead of playing pickup games, they enroll in organized leagues coached—”taught”—by adults. Saturdays, too, are for professionalized activities. Most disturbingly, the new conventional wisdom holds that the parent-child relationship itself can be “optimized” if only the parent acts more like a teacher.

That’s why Parents could publish a two-page piece on how to read to your kid—something most of us could probably have muddled through without instructions. “I’m a mom and a literacy specialist,” the subtitle says, “and I’m here to share my secrets.” That’s the part parents don’t know: how to read to their kids like a teacher. Thanks to articles like this one, and a million educational toys, and a mound of homework that parents are supposed to oversee from kindergarten through college, adults are getting the message that it’s not enough to be a plain old parent.

“There’s a cultural idea that that is how you should treat kids, and it’s reinforced everywhere,” says Dorsa Amir, a postdoc in evolutionary anthropology at Boston College. “It is really hard to make changes at the household level when there’s an entire cultural apparatus suggesting something else.”

Peter Gray, author of 2013’s Free to Learn, calls this “a schoolish view of child development”:  the notion that children learn and develop best when they are carefully taught by adults, and that whatever children do on their own—playing, watching, thinking, dreaming—is a waste of time because there’s no one there to guide and perfect it.

Lancy, who has traveled the world studying how kids learn on their own, is now a granddad. His daughter, like everyone else, is buying brain-boosting toys for her toddler. She sits on the floor with the girl, says Lancy, “and she’s telling her what the shapes are and demonstrating how they go in…”

This is not evil or cruel. It is simply what today’s parents believe they must do: make every second into school. What’s lost is the faith that our kids’ innate curiosity is the greatest education engine ever.

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Parents: Don’t Be Boring, Relentless Teachers

topicslifestyle-march-2021

It’s snuggly time with your little one, who is not even in kindergarten yet. His little head rests against your shoulder as you open up a picture book. “See?” you say, pointing not to the furry bunny or diabolical cat or tree that keeps amputating herself. “These are the words on the page. This sentence has seven words. This dot is called a period, and it shows the end of a sentence.”

At least, that’s what you’d do if you followed the stultifying advice in a recent Parents magazine piece on how to “Supercharge Every Storytime.” And that’s what we’re here to talk about today: parents who believe they must supercharge every story time, and all the rest of the time they spend with their kids as well.

These parents seem to believe that home must be just like school. And I’m not talking about homeschooling or COVID-19 remote learning. I’m talking about the way parents have started to think of themselves as actual teachers and their kids as students.

Haven’t parents always taught their kids? Yes, of course, says anthropologist David Lancy, author of Raising Children: Surprising Insights From Other Cultures (Cambridge University Press). What’s different today is that interactions at home are modeled on what goes on in the classroom, where an adult instructs and a student sits and (with any luck) soaks it up.

That is actually a pretty new teaching method, historically speaking. Until public schools became popular in the 19th century and then ubiquitous in the 20th, kids mostly learned what they needed to know by watching and imitating others. Their teachers were everywhere and everyone, including their friends and siblings. But once school-based education became the norm, we forgot that kids learn from other kids, from helping out, and from playing.

Even in the 1950s, when Lancy was growing up, school didn’t play such a huge role in childrens’ lives. Once the bell rang at 3 p.m., pupils could go off and not think about school until the next day. There wasn’t much homework. And unless a kid was failing, parents weren’t involved with it.

But in the last generation or two, Lancy observes, school has started seeping into the rest of kids’ experiences. Instead of playing pickup games, they enroll in organized leagues coached—”taught”—by adults. Saturdays, too, are for professionalized activities. Most disturbingly, the new conventional wisdom holds that the parent-child relationship itself can be “optimized” if only the parent acts more like a teacher.

That’s why Parents could publish a two-page piece on how to read to your kid—something most of us could probably have muddled through without instructions. “I’m a mom and a literacy specialist,” the subtitle says, “and I’m here to share my secrets.” That’s the part parents don’t know: how to read to their kids like a teacher. Thanks to articles like this one, and a million educational toys, and a mound of homework that parents are supposed to oversee from kindergarten through college, adults are getting the message that it’s not enough to be a plain old parent.

“There’s a cultural idea that that is how you should treat kids, and it’s reinforced everywhere,” says Dorsa Amir, a postdoc in evolutionary anthropology at Boston College. “It is really hard to make changes at the household level when there’s an entire cultural apparatus suggesting something else.”

Peter Gray, author of 2013’s Free to Learn, calls this “a schoolish view of child development”:  the notion that children learn and develop best when they are carefully taught by adults, and that whatever children do on their own—playing, watching, thinking, dreaming—is a waste of time because there’s no one there to guide and perfect it.

Lancy, who has traveled the world studying how kids learn on their own, is now a granddad. His daughter, like everyone else, is buying brain-boosting toys for her toddler. She sits on the floor with the girl, says Lancy, “and she’s telling her what the shapes are and demonstrating how they go in…”

This is not evil or cruel. It is simply what today’s parents believe they must do: make every second into school. What’s lost is the faith that our kids’ innate curiosity is the greatest education engine ever.

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SCOTUS Decides South Bay v. Newsom II, Enjoins Complete Prohibition on Indoor Worship Services

Around 10:45 PM ET on Friday evening, the Supreme Court decided South Bay United Pentecostal Church v. Newsom II. (I blogged about the briefing earlier this week). Here is the bottom line: six Justices enjoined California’s complete prohibition on indoor worship in so-called Tier 1 zones. Beyond that, the conservatives splintered sharply.

Unsigned Per Curiam Opinion

Let’s start with the unsigned per curiam opinion. First, the Court blocked Governor Newsom from prohibiting indoor worship by the Applicants:

 Respondents are enjoined from enforcing the Blueprint’s Tier 1 prohibition on indoor worship services against the applicants pending disposition of the petition for a writ of certiorari.

In theory at least, Newsom could continue to enforce the regulations as to other houses of worship. The Supreme Court’s injunction is not universal. But as a practical matter, Newsom would be sued by other churches, and he could not rely on qualified immunity. Therefore, for practical purposes, he will have to stop enforcing the ban on indoor worship statewide. Plus, Newsom is facing a recall, and has thrown #science to the wind to save his political skin. (More on the politics later).

Second, the Court allowed the church to limit attendance to 25%. The Court reached a similar ruling in Diocese of Brooklyn.

The application is denied with respect to the per-centage capacity limitations, and respondents are not en-joined from imposing a 25% capacity limitation on indoor worship services in Tier 1.

Currently, this issue is being litigated in New York. In short, Governor Cuomo has agreed that houses of worship should be subject to the same occupancy limits as other “essential’ businesses. I am not sure what percentage other businesses in California can open up with.

Third, the Court allowed the state to ban “singing and chanting.”

The application is denied with respect to the prohibition on singing and chanting during indoor services.

Fourth, the Court allowed the Church to present evidence that the percentage caps, and ban on signing and chanting are not generally applicable.

This order is without prejudice to the applicants presenting new evidence to the District Court that the State is not applying the percentage capacity limitations or the prohibition on singing and chanting in a generally applicable manner.

Justice Gorsuch’s concurrence suggests these rule are not generally applicable. Given the district court judges that ruled on these injunctions before, I do not think these arguments will receive a warm welcome. Punt.

Fifth, the Court has teed up the COVID-19 endgame:

Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court.

As soon as the Court denies certiorari this injunction lifts. The Court can then hold onto the petition until the pandemic concludes, and let this case dissolve. For now, the parishioners of South Bay no longer have to weather the elements to pray. The courts should have entered this relief before Christmas. Once again, contrary to what Justice Breyer suggested, these cases take weeks and months, not “hours.”

The Court issued a similar order in the companion case, Harvest Rock.

Now, let’s break down the separate writings.

Justices Thomas, Gorsuch, and Alito

Justices Thomas and Gorsuch would have granted “the application in full.” In other words, they would have enjoined the percentage caps, and the ban on singing and chanting indoors.

Justice Alito took a more measured approach:

JUSTICE ALITO would grant the application with respect to all of the capacity restrictions on indoor worship services and the prohibition against indoor singing and chanting, and would stay for 30 days an injunction against the percentage attendance caps and the prohibition against indoor singing and chanting. JUSTICE ALITO would have the stay lift in 30 days unless the State demonstrates clearly that nothing short of those measures will reduce the community spread of COVID–19 at indoor religious gatherings to the same extent as do the restrictions the State enforces with respect to other activities it classifies as essential.

Here, Justice Alito would immediately enjoin complete prohibition on indoor worship. He would give the state 30 days to prove that the percentage caps and ban on singing are absolutely essential to prevent community spread. If the state cannot meed that burden, then in 30 days, the stay will lift. Critically, the state has the burden. The majority per curiam opinion suggests the burden belongs to the churches.

Justice Gorsuch wrote a six-page statement, joined by Justices Thomas and Alito. But Chief Justice Roberts, and Justices Kavanaugh and Barrett did not join this statement.

First, Justice Gorsuch said this case was not “difficult.”

Often, courts addressing First Amendment free exercise challenges face difficult questions about whether a law re-flects ” ‘subtle departures from neutrality,’ ” ” ‘religious ger-rymander[ing],’ ” or “impermissible targeting” of religion. Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U. S. 520, 534–535 (1993). But not here. . . . 

When a State so obviously targets religion for differential treatment, our job becomes that much clearer. 

In the past, I have criticized Gorsuch for saying that tough cases are “simple.” He really should avoid this over-confidence. I agree South Bay should prevail, but this case does present really weighty issues on both sides.

Second, he favorably cites Becket’s amicus brief, which explained that California’s indoor ban was unprecedented:

Apparently, Califor-nia is the only State in the country that has gone so far as to ban all indoor religious services. See Brief for Becket Fund for Religious Liberty as Amicus Curiae, 5–6. 

Third, Gorsuch finds that California’s directives must be reviewed with strict scrutiny. Here, absolute deference is not warranted.

It has never been enough for the State to insist on deference or demand that individual rights give way to collective interests. Of course we are not scientists, but neither may we abandon the field when government officials with experts in tow seek to infringe a constitutionally protected liberty. The whole point of strict scrutiny is to test the government’s assertions, and our precedents make plain that it has always been a demanding and rarely satisfied standard.

Fourth, Gorsuch explains that California cannot “thread the needle.” It’s directives are not narrowly tailored:

Nor has California sought to explain why it cannot address its legitimate concerns with rules short of a total ban. Each of the State’s shortcomings are telltale signs this Court has long used to identify laws that fail strict scrutiny.

For example, why can’t California limit the number of people who can gather at once?

Nor does California explain why the less restrictive option of limiting the number of people who may gather at one time is insufficient for houses of worship, even though it has found that answer adequate for so many stores and businesses

Fifth, Gorsuch addresses what I think is California’s most arrogant defense: people can pray outside.

Next, the State tells us that worshippers are sure to seek close physical interactions. It touts its mild climate, too, suggesting that worshippers might enjoy more space out-doors. Yet, California is not as concerned with the close physical proximity of hairstylists or manicurists to their customers, whom they touch and remain near for extended periods. The State does not force them or retailers to do all their business in parking lots and parks. And California allows people to sit in relatively close proximity inside buses too. Nor, again, does California explain why the nar-rower options it thinks adequate in many secular settings—such as social distancing requirements, masks, cleaning, plexiglass barriers, and the like—cannot suffice here. Es-pecially when those measures are in routine use in religious services across the country today.

On Christmas, the temperature in the Bay Area was in the high-40s with rain and 25 mph wind gusts. No, that weather was not “mild.”

Sixth, Justice Gorsuch explains this disparate treatment runs afoul of Roman Catholic Diocese:

. . . California singles out religion for worse treatment than many secular activities. At the same time, the State fails to explain why narrower options it finds sufficient in secular contexts do not satisfy its legitimate interests. Recently, this Court made it abundantly clear that edicts like California’s fail strict scrutiny and violate the Constitution. See Roman Catholic Diocese of Brooklyn v. Cuomo, ante, at ___ (per cu-riam).

Seventh, Justice Gorsuch faults the lower courts who flouted Diocese of Brooklyn:

Today’s order should have been needless; the lower courts in these cases should have followed the extensive guidance this Court already gave.

He’s right.

Eighth, Justice Gorsuch writes that the ban on singing may not be generally applicable:

It seems California’s powerful enter-tainment industry has won an exemption. FN2 So, once more, we appear to have a State playing favorites during a pandemic, expending considerable effort to protect lucrative industries (casinos in Nevada; movie studios in California) while denying similar largesse to its faithful.

FN2 . . . . But the record suggests that music, film, and television studios are permitted to sing indoors.  . . . As the Court recognizes, though, nothing in today’s order precludes future relief on this claim either.

Moreover, Gorsuch adds, the state could allow a single leader to sing:

Even if a full congregation singing hymns is too risky, California does not explain why even a single masked cantor cannot lead worship behind a mask and a plexiglass shield. Or why even a lone muezzin may not sing the call to prayer from a remote location inside a mosque as worshippers file in.

Finally, Justice Gorsuch addressed the game of whack-a-mole:

No doubt, California will argue on remand, as it has be-fore, that its prohibitions are merely temporary because vaccinations are underway. But the State’s “temporary” ban on indoor worship has been in place since August 2020, and applied routinely since March. California no longer asks its movie studios, malls, and manicurists to wait. And one could be forgiven for doubting its asserted timeline. Government actors have been moving the goalposts on pandemic-related sacrifices for months, adopting new bench-marks that always seem to put restoration of liberty just around the corner. 

Whack-A-Mole.

His closing is strong:

But if Hollywood may host a studio audience or film a singing competition while not a single soul may enter California’s churches, synagogues, and mosques, something has gone seriously awry.

Justices Barrett and Kavanaugh

Justice Barrett wrote her first separate writing on the Court: a concurrence joined by Justice Kavanaugh.

First, she seems to agree with Justice Gorsuch’s analysis, except for his discussion of signing and chanting.

I agree with JUSTICE GORSUCH‘s statement, save its contention that the Court should enjoin California’s prohibition on singing and chanting during indoor services. The applicants bore the burden of establishing their entitlement to relief from the singing ban. In my view, they did not carry that burden—at least not on this record.

But she left open the possibility that the Church can make this showing in the future.

As the case comes to us, it remains unclear whether the singing ban applies across the board (and thus constitutes a neutral and generally applicable law) or else favors certain sectors (and thus triggers more searching review). Of course, if a chorister can sing in a Hollywood studio but not in her church, California’s regulations cannot be viewed as neutral. But the record is uncertain, and the decisions below unfortunately shed little light on the issue. As the order notes, however, the applicants remain free to show that the singing ban is not generally applicable and to advance their claim accordingly.

Do we take it that Justices Barrett and Kavanaugh agree with the other points Gorsuch made? This opinion left me wanting much, much more clarity. And I wonder what Justice Kavanaugh would have done if Barrett had joined the Gorsuch statement? Did Kavanaugh peel off after reading Barrett’s concurrence?

Chief Justice Roberts

Chief Justice Roberts wrote a two-paragraph concurring opinion, in which he repeats his position from South Bay I.

As I explained the last time the Court considered this evolving case, federal courts owe significant deference to politically accountable officials with the “background, compe-tence, and expertise to assess public health.” South Bay United Pentecostal Church v. Newsom, 590 U. S. ___, ___ (2020) (opinion concurring in denial of application for injunctive relief ) (slip op., at 2).

Roberts saw no basis to enjoin the ban on singing:

The State has concluded, for example, that singing indoors poses a heightened risk of transmitting COVID–19. I see no basis in this record for overriding that aspect of the state public health framework.

But he rejects the absolute prohibition on indoor worship:

At the same time, the State’s present determination—that the maximum number of adherents who can safely worship in the most cavernous cathedral is zero—appears to reflect not expertise or discretion, but instead insufficient appreciation or consideration of the interests at stake.

And what are those “interests at stake”? Of course, Roberts will not tell us. He won’t even mention the Free Exercise Clause. So, of course, lower courts will now adopt a new cockamamie test from the Chief: does the government’s policy “reflect . . . expertise or discretion” or does it reflect “insufficient appreciation or consideration of the interests at stake”? Forget strict scrutiny. We are left with incoherent scrutiny. South Bay II is the new South Bay I. Roberts must know what he is doing with these meaningless tests. He simply can’t vote with a clean conscience to close all indoor houses of worship. And he is content to have lower courts blindly cite him, without any clue what he means. Well done, Mr. Chief Justice.

Roberts repeat his usual pablum about deference and life tenured judge. You know the rest.

I adhere to the view that the “Constitution principally en-trusts the safety and the health of the people to the politi-cally accountable officials of the States.” Ibid. (internal quotation marks and alteration omitted). But the Consti-tution also entrusts the protection of the people’s rights to the Judiciary—not despite judges being shielded by life ten-ure, see post, at 6 (KAGAN, J., dissenting), but because they are. Deference, though broad, has its limits.

Summary of the Majority

Here is a brief summary of the majority votes. Six Justices immediately enjoined the ban on indoor worship. We know all six Justices agreed, because they told us so: Roberts, Thomas, Alito, Gorsuch, Kavanaugh, Barrett. Two justices (Thomas and Gorsuch) would have also immediately enjoined the percentage caps and ban on singing. One justice (Alito) would have put the burden on the state to defend the percentage caps and ban on singing. Three justices (Roberts, Kavanaugh, and Barrett) would have put the burden on the church to introduce evidence showing that the percentage caps and ban on singing art not generally applicable. Huh? Let’s repeat the fourth element from the per curiam opinion:

This order is without prejudice to the applicants presenting new evidence to the District Court that the State is not applying the percentage capacity limitations or the prohibition on singing and chanting in a generally applicable manner.

This statement is not part of the Court’s order. It is merely an observation of what could happen.

Justices Kagan, Breyer, and Sotomayor

Justice Kagan wrote a five-page dissent, which was joined by Justices Breyer and Sotomayor. She begins with the same refrain from Diocese: the Justices are not scientists, and religious worship is treated more favorably than secular activities

Justices of this Court are not scientists. Nor do we know much about public health policy. Yet today the Court dis-places the judgments of experts about how to respond to a raging pandemic. The Court orders California to weaken its restrictions on public gatherings by making a special exception for worship services. The majority does so even though the State’s policies treat worship just as favorably as secular activities (including political assemblies) that, according to medical evidence, pose the same risk of COVID transmission. Under the Court’s injunction, the State must instead treat worship services like secular activities that pose a much lesser danger. That mandate defies our caselaw, exceeds our judicial role, and risks worsening the pandemic.

Alas, Justice Kagan accepts the “mild climate” ruse.

Given California’s mild climate, that restriction—the one the Court today lifts for houses of worship alone—does not amount to a ban on the activity. Worship services, along with other gatherings, have taken place outdoors throughout this winter. 

Justice Kagan includes no citation here. I doubt one exists. For the old and infirm, worshipping in a freezing, gusty rain is not an option. I am disappointed Justice Kagan indulged this line of argument. She should have ignored the weather issue altogether, like the lower court judges did. But she couldn’t. She felt compelled to address the evidence before her. And she struck out.

Next, in a footnote, Justice Kagan explains why this case is different from Diocese of Brooklyn. My general rule of thumb is that substantive footnotes like these were added later in the drafting process. Perhaps Justice Breyer suggested it?

For much this reason, the Court’s decision in Roman Catholic Diocese of Brooklyn v. Cuomo, ante, p. ___ (per curiam), does not require today’s injunction. There, the Court found that New York had “single[d] out houses of worship for especially harsh treatment.” Ante, at 3. But here, according to the epidemiological evidence in the record, California has treated houses of worship identically to other facilities with the same risk. It is the Court, not the State, that “single[s] out” religious activity— separating it from other equally risky public gatherings. What is more, Roman Catholic Diocese held, at a time when New York was lifting re-strictions to reflect declining case rates, that the policy at issue was “far more severe than has been shown to be required to prevent the spread of the virus.” Ante, at 4. No court—or, at any rate, no court with any sense of modesty—can make that claim here. California’s hospitals are near maximum capacity, and over 3,500 state residents perished from the vi-rus just last week.

Not quite. California has been lifting restrictions for the past few weeks–largely because Governor Newsom has recognized that his policies are no longer politically palatable, and he faces a recall election. Indeed, I thought this case would be mooted out because of the lifting of the order.

EK closes with a sharp note:

I fervently hope that the Court’s intervention will not worsen the Nation’s COVID crisis. But if this decision causes suffering, we will not pay. Our marble halls are now closed to the public, and our life ten-ure forever insulates us from responsibility for our errors. That would seem good reason to avoid disrupting a State’s pandemic response. But the Court forges ahead regardless, insisting that science-based policy yield to judicial edict. I respectfully dissent.

In other news, Governor Cuomo of New York has articulated what is actually motivating COVID policies.

“When I say ‘experts’ in air quotes, it sounds like I’m saying I don’t really trust the experts,” Mr. Cuomo said at a news conference on Friday, referring to scientific expertise at all levels of government during the pandemic. “Because I don’t. Because I don’t.”

Politics. All politicians are motivated by politics. And they find experts who submit declarations that support their views. No other state in the union has decided to shut down all indoor worship. None. I look forward to the day when these state health officials will sit for depositions, and explain the real reason why houses of worship were not deemed “essential.”

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SCOTUS Decides South Bay v. Newsom II, Enjoins Complete Prohibition on Indoor Worship Services

Around 10:45 PM ET on Friday evening, the Supreme Court decided South Bay United Pentecostal Church v. Newsom II. (I blogged about the briefing earlier this week). Here is the bottom line: six Justices enjoined California’s complete prohibition on indoor worship in so-called Tier 1 zones. Beyond that, the conservatives splintered sharply.

Unsigned Per Curiam Opinion

Let’s start with the unsigned per curiam opinion. First, the Court blocked Governor Newsom from prohibiting indoor worship by the Applicants:

 Respondents are enjoined from enforcing the Blueprint’s Tier 1 prohibition on indoor worship services against the applicants pending disposition of the petition for a writ of certiorari.

In theory at least, Newsom could continue to enforce the regulations as to other houses of worship. The Supreme Court’s injunction is not universal. But as a practical matter, Newsom would be sued by other churches, and he could not rely on qualified immunity. Therefore, for practical purposes, he will have to stop enforcing the ban on indoor worship statewide. Plus, Newsom is facing a recall, and has thrown #science to the wind to save his political skin. (More on the politics later).

Second, the Court allowed the church to limit attendance to 25%. The Court reached a similar ruling in Diocese of Brooklyn.

The application is denied with respect to the per-centage capacity limitations, and respondents are not en-joined from imposing a 25% capacity limitation on indoor worship services in Tier 1.

Currently, this issue is being litigated in New York. In short, Governor Cuomo has agreed that houses of worship should be subject to the same occupancy limits as other “essential’ businesses. I am not sure what percentage other businesses in California can open up with.

Third, the Court allowed the state to ban “singing and chanting.”

The application is denied with respect to the prohibition on singing and chanting during indoor services.

Fourth, the Court allowed the Church to present evidence that the percentage caps, and ban on signing and chanting are not generally applicable.

This order is without prejudice to the applicants presenting new evidence to the District Court that the State is not applying the percentage capacity limitations or the prohibition on singing and chanting in a generally applicable manner.

Justice Gorsuch’s concurrence suggests these rule are not generally applicable. Given the district court judges that ruled on these injunctions before, I do not think these arguments will receive a warm welcome. Punt.

Fifth, the Court has teed up the COVID-19 endgame:

Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court.

As soon as the Court denies certiorari this injunction lifts. The Court can then hold onto the petition until the pandemic concludes, and let this case dissolve. For now, the parishioners of South Bay no longer have to weather the elements to pray. The courts should have entered this relief before Christmas. Once again, contrary to what Justice Breyer suggested, these cases take weeks and months, not “hours.”

The Court issued a similar order in the companion case, Harvest Rock.

Now, let’s break down the separate writings.

Justices Thomas, Gorsuch, and Alito

Justices Thomas and Gorsuch would have granted “the application in full.” In other words, they would have enjoined the percentage caps, and the ban on singing and chanting indoors.

Justice Alito took a more measured approach:

JUSTICE ALITO would grant the application with respect to all of the capacity restrictions on indoor worship services and the prohibition against indoor singing and chanting, and would stay for 30 days an injunction against the percentage attendance caps and the prohibition against indoor singing and chanting. JUSTICE ALITO would have the stay lift in 30 days unless the State demonstrates clearly that nothing short of those measures will reduce the community spread of COVID–19 at indoor religious gatherings to the same extent as do the restrictions the State enforces with respect to other activities it classifies as essential.

Here, Justice Alito would immediately enjoin complete prohibition on indoor worship. He would give the state 30 days to prove that the percentage caps and ban on singing are absolutely essential to prevent community spread. If the state cannot meed that burden, then in 30 days, the stay will lift. Critically, the state has the burden. The majority per curiam opinion suggests the burden belongs to the churches.

Justice Gorsuch wrote a six-page statement, joined by Justices Thomas and Alito. But Chief Justice Roberts, and Justices Kavanaugh and Barrett did not join this statement.

First, Justice Gorsuch said this case was not “difficult.”

Often, courts addressing First Amendment free exercise challenges face difficult questions about whether a law re-flects ” ‘subtle departures from neutrality,’ ” ” ‘religious ger-rymander[ing],’ ” or “impermissible targeting” of religion. Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U. S. 520, 534–535 (1993). But not here. . . . 

When a State so obviously targets religion for differential treatment, our job becomes that much clearer. 

In the past, I have criticized Gorsuch for saying that tough cases are “simple.” He really should avoid this over-confidence. I agree South Bay should prevail, but this case does present really weighty issues on both sides.

Second, he favorably cites Becket’s amicus brief, which explained that California’s indoor ban was unprecedented:

Apparently, Califor-nia is the only State in the country that has gone so far as to ban all indoor religious services. See Brief for Becket Fund for Religious Liberty as Amicus Curiae, 5–6. 

Third, Gorsuch finds that California’s directives must be reviewed with strict scrutiny. Here, absolute deference is not warranted.

It has never been enough for the State to insist on deference or demand that individual rights give way to collective interests. Of course we are not scientists, but neither may we abandon the field when government officials with experts in tow seek to infringe a constitutionally protected liberty. The whole point of strict scrutiny is to test the government’s assertions, and our precedents make plain that it has always been a demanding and rarely satisfied standard.

Fourth, Gorsuch explains that California cannot “thread the needle.” It’s directives are not narrowly tailored:

Nor has California sought to explain why it cannot address its legitimate concerns with rules short of a total ban. Each of the State’s shortcomings are telltale signs this Court has long used to identify laws that fail strict scrutiny.

For example, why can’t California limit the number of people who can gather at once?

Nor does California explain why the less restrictive option of limiting the number of people who may gather at one time is insufficient for houses of worship, even though it has found that answer adequate for so many stores and businesses

Fifth, Gorsuch addresses what I think is California’s most arrogant defense: people can pray outside.

Next, the State tells us that worshippers are sure to seek close physical interactions. It touts its mild climate, too, suggesting that worshippers might enjoy more space out-doors. Yet, California is not as concerned with the close physical proximity of hairstylists or manicurists to their customers, whom they touch and remain near for extended periods. The State does not force them or retailers to do all their business in parking lots and parks. And California allows people to sit in relatively close proximity inside buses too. Nor, again, does California explain why the nar-rower options it thinks adequate in many secular settings—such as social distancing requirements, masks, cleaning, plexiglass barriers, and the like—cannot suffice here. Es-pecially when those measures are in routine use in religious services across the country today.

On Christmas, the temperature in the Bay Area was in the high-40s with rain and 25 mph wind gusts. No, that weather was not “mild.”

Sixth, Justice Gorsuch explains this disparate treatment runs afoul of Roman Catholic Diocese:

. . . California singles out religion for worse treatment than many secular activities. At the same time, the State fails to explain why narrower options it finds sufficient in secular contexts do not satisfy its legitimate interests. Recently, this Court made it abundantly clear that edicts like California’s fail strict scrutiny and violate the Constitution. See Roman Catholic Diocese of Brooklyn v. Cuomo, ante, at ___ (per cu-riam).

Seventh, Justice Gorsuch faults the lower courts who flouted Diocese of Brooklyn:

Today’s order should have been needless; the lower courts in these cases should have followed the extensive guidance this Court already gave.

He’s right.

Eighth, Justice Gorsuch writes that the ban on singing may not be generally applicable:

It seems California’s powerful enter-tainment industry has won an exemption. FN2 So, once more, we appear to have a State playing favorites during a pandemic, expending considerable effort to protect lucrative industries (casinos in Nevada; movie studios in California) while denying similar largesse to its faithful.

FN2 . . . . But the record suggests that music, film, and television studios are permitted to sing indoors.  . . . As the Court recognizes, though, nothing in today’s order precludes future relief on this claim either.

Moreover, Gorsuch adds, the state could allow a single leader to sing:

Even if a full congregation singing hymns is too risky, California does not explain why even a single masked cantor cannot lead worship behind a mask and a plexiglass shield. Or why even a lone muezzin may not sing the call to prayer from a remote location inside a mosque as worshippers file in.

Finally, Justice Gorsuch addressed the game of whack-a-mole:

No doubt, California will argue on remand, as it has be-fore, that its prohibitions are merely temporary because vaccinations are underway. But the State’s “temporary” ban on indoor worship has been in place since August 2020, and applied routinely since March. California no longer asks its movie studios, malls, and manicurists to wait. And one could be forgiven for doubting its asserted timeline. Government actors have been moving the goalposts on pandemic-related sacrifices for months, adopting new bench-marks that always seem to put restoration of liberty just around the corner. 

Whack-A-Mole.

His closing is strong:

But if Hollywood may host a studio audience or film a singing competition while not a single soul may enter California’s churches, synagogues, and mosques, something has gone seriously awry.

Justices Barrett and Kavanaugh

Justice Barrett wrote her first separate writing on the Court: a concurrence joined by Justice Kavanaugh.

First, she seems to agree with Justice Gorsuch’s analysis, except for his discussion of signing and chanting.

I agree with JUSTICE GORSUCH‘s statement, save its contention that the Court should enjoin California’s prohibition on singing and chanting during indoor services. The applicants bore the burden of establishing their entitlement to relief from the singing ban. In my view, they did not carry that burden—at least not on this record.

But she left open the possibility that the Church can make this showing in the future.

As the case comes to us, it remains unclear whether the singing ban applies across the board (and thus constitutes a neutral and generally applicable law) or else favors certain sectors (and thus triggers more searching review). Of course, if a chorister can sing in a Hollywood studio but not in her church, California’s regulations cannot be viewed as neutral. But the record is uncertain, and the decisions below unfortunately shed little light on the issue. As the order notes, however, the applicants remain free to show that the singing ban is not generally applicable and to advance their claim accordingly.

Do we take it that Justices Barrett and Kavanaugh agree with the other points Gorsuch made? This opinion left me wanting much, much more clarity. And I wonder what Justice Kavanaugh would have done if Barrett had joined the Gorsuch statement? Did Kavanaugh peel off after reading Barrett’s concurrence?

Chief Justice Roberts

Chief Justice Roberts wrote a two-paragraph concurring opinion, in which he repeats his position from South Bay I.

As I explained the last time the Court considered this evolving case, federal courts owe significant deference to politically accountable officials with the “background, compe-tence, and expertise to assess public health.” South Bay United Pentecostal Church v. Newsom, 590 U. S. ___, ___ (2020) (opinion concurring in denial of application for injunctive relief ) (slip op., at 2).

Roberts saw no basis to enjoin the ban on singing:

The State has concluded, for example, that singing indoors poses a heightened risk of transmitting COVID–19. I see no basis in this record for overriding that aspect of the state public health framework.

But he rejects the absolute prohibition on indoor worship:

At the same time, the State’s present determination—that the maximum number of adherents who can safely worship in the most cavernous cathedral is zero—appears to reflect not expertise or discretion, but instead insufficient appreciation or consideration of the interests at stake.

And what are those “interests at stake”? Of course, Roberts will not tell us. He won’t even mention the Free Exercise Clause. So, of course, lower courts will now adopt a new cockamamie test from the Chief: does the government’s policy “reflect . . . expertise or discretion” or does it reflect “insufficient appreciation or consideration of the interests at stake”? Forget strict scrutiny. We are left with incoherent scrutiny. South Bay II is the new South Bay I. Roberts must know what he is doing with these meaningless tests. He simply can’t vote with a clean conscience to close all indoor houses of worship. And he is content to have lower courts blindly cite him, without any clue what he means. Well done, Mr. Chief Justice.

Roberts repeat his usual pablum about deference and life tenured judge. You know the rest.

I adhere to the view that the “Constitution principally en-trusts the safety and the health of the people to the politi-cally accountable officials of the States.” Ibid. (internal quotation marks and alteration omitted). But the Consti-tution also entrusts the protection of the people’s rights to the Judiciary—not despite judges being shielded by life ten-ure, see post, at 6 (KAGAN, J., dissenting), but because they are. Deference, though broad, has its limits.

Summary of the Majority

Here is a brief summary of the majority votes. Six Justices immediately enjoined the ban on indoor worship. We know all six Justices agreed, because they told us so: Roberts, Thomas, Alito, Gorsuch, Kavanaugh, Barrett. Two justices (Thomas and Gorsuch) would have also immediately enjoined the percentage caps and ban on singing. One justice (Alito) would have put the burden on the state to defend the percentage caps and ban on singing. Three justices (Roberts, Kavanaugh, and Barrett) would have put the burden on the church to introduce evidence showing that the percentage caps and ban on singing art not generally applicable. Huh? Let’s repeat the fourth element from the per curiam opinion:

This order is without prejudice to the applicants presenting new evidence to the District Court that the State is not applying the percentage capacity limitations or the prohibition on singing and chanting in a generally applicable manner.

This statement is not part of the Court’s order. It is merely an observation of what could happen.

Justices Kagan, Breyer, and Sotomayor

Justice Kagan wrote a five-page dissent, which was joined by Justices Breyer and Sotomayor. She begins with the same refrain from Diocese: the Justices are not scientists, and religious worship is treated more favorably than secular activities

Justices of this Court are not scientists. Nor do we know much about public health policy. Yet today the Court dis-places the judgments of experts about how to respond to a raging pandemic. The Court orders California to weaken its restrictions on public gatherings by making a special exception for worship services. The majority does so even though the State’s policies treat worship just as favorably as secular activities (including political assemblies) that, according to medical evidence, pose the same risk of COVID transmission. Under the Court’s injunction, the State must instead treat worship services like secular activities that pose a much lesser danger. That mandate defies our caselaw, exceeds our judicial role, and risks worsening the pandemic.

Alas, Justice Kagan accepts the “mild climate” ruse.

Given California’s mild climate, that restriction—the one the Court today lifts for houses of worship alone—does not amount to a ban on the activity. Worship services, along with other gatherings, have taken place outdoors throughout this winter. 

Justice Kagan includes no citation here. I doubt one exists. For the old and infirm, worshipping in a freezing, gusty rain is not an option. I am disappointed Justice Kagan indulged this line of argument. She should have ignored the weather issue altogether, like the lower court judges did. But she couldn’t. She felt compelled to address the evidence before her. And she struck out.

Next, in a footnote, Justice Kagan explains why this case is different from Diocese of Brooklyn. My general rule of thumb is that substantive footnotes like these were added later in the drafting process. Perhaps Justice Breyer suggested it?

For much this reason, the Court’s decision in Roman Catholic Diocese of Brooklyn v. Cuomo, ante, p. ___ (per curiam), does not require today’s injunction. There, the Court found that New York had “single[d] out houses of worship for especially harsh treatment.” Ante, at 3. But here, according to the epidemiological evidence in the record, California has treated houses of worship identically to other facilities with the same risk. It is the Court, not the State, that “single[s] out” religious activity— separating it from other equally risky public gatherings. What is more, Roman Catholic Diocese held, at a time when New York was lifting re-strictions to reflect declining case rates, that the policy at issue was “far more severe than has been shown to be required to prevent the spread of the virus.” Ante, at 4. No court—or, at any rate, no court with any sense of modesty—can make that claim here. California’s hospitals are near maximum capacity, and over 3,500 state residents perished from the vi-rus just last week.

Not quite. California has been lifting restrictions for the past few weeks–largely because Governor Newsom has recognized that his policies are no longer politically palatable, and he faces a recall election. Indeed, I thought this case would be mooted out because of the lifting of the order.

EK closes with a sharp note:

I fervently hope that the Court’s intervention will not worsen the Nation’s COVID crisis. But if this decision causes suffering, we will not pay. Our marble halls are now closed to the public, and our life ten-ure forever insulates us from responsibility for our errors. That would seem good reason to avoid disrupting a State’s pandemic response. But the Court forges ahead regardless, insisting that science-based policy yield to judicial edict. I respectfully dissent.

In other news, Governor Cuomo of New York has articulated what is actually motivating COVID policies.

“When I say ‘experts’ in air quotes, it sounds like I’m saying I don’t really trust the experts,” Mr. Cuomo said at a news conference on Friday, referring to scientific expertise at all levels of government during the pandemic. “Because I don’t. Because I don’t.”

Politics. All politicians are motivated by politics. And they find experts who submit declarations that support their views. No other state in the union has decided to shut down all indoor worship. None. I look forward to the day when these state health officials will sit for depositions, and explain the real reason why houses of worship were not deemed “essential.”

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Netflix Is Hiking Prices 13% In Japan

Netflix Is Hiking Prices 13% In Japan

As new, low cost streaming competitors are emerging left and right, Netflix appears ready to move in for the kill. 

That’s because, after spreading its platform globally, all Netflix has to do is flip “the pricing switch” in order to make a positive impact to the company’s free cash. And in Japan, that appears to be exactly what the platform is doing.

Starting today, Netflix’s basic and standard tier prices will rise about 13% in Japan, while premium service pricing remains unchanged, according to Bloomberg. The company’s basic plan will rise to 990 yen ($9.39) from 880 yen. Its standard tier rises from 1,320 yen to 1,490 yen. 

Asia is the company’s second fastest growing region, the report notes. Netflix has invested heavily in anime for the market, which is popular in Japan. 

The company said in a statement: “We’re updating our prices so that we can continue to offer more variety of TV shows and films — in addition to local shows such as ‘Alice in Borderland,’ and our ever-growing anime lineup. As always, we offer a range of plans so that people can pick a price that works best for their budget.”

The market liked the move, with Netflix stock finishing Thursday’s session up 2.3%. Shares had been little changed since January. 

Recall, Netflix just posted an earnings report in January that saw its stock soar. The company posted a big subscriber beat and noted that it would be free cash flow positive in all quarters going fowrward. 

At the same time, as we noted, the world’s largest paid streaming service is also facing more intense and cutthroat (or rather cut-price) competition than ever. Comcast’s Peacock platform has been rolling out for a few months, along with the short-form video service Quibi. And AT&T’s big bet on streaming, HBO Max is also up and running now while Disney+ has been a massive hit.

Bloomberg notes that in the all-important Netflix subscriber guessing game, the web traffic research site SimilarWeb suggests the service averaged about 1.5 million new subscribers globally per month in Q4. That’s below the 6 million target the company has given and down from Q4 2019. On the plus side, SimilarWeb notes, subscribers have been rising each month in the quarter and are up sharply from the disappointing Q3.

Tyler Durden
Sat, 02/06/2021 – 00:00

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