Labor Market Hits A Brick Wall: Job Openings Post Biggest Two-Month Drop In History

Labor Market Hits A Brick Wall: Job Openings Post Biggest Two-Month Drop In History

While one wouldn’t know it by looking at the BLS’ jobs report, which in January showed that a whopping 225K jobs were added, the JOLTS report issued moments ago showed a vastly different picture, one which if one didn’t know better would suggest that the US labor market hit a brick wall. Why? Because according to JOLTS, traditionally Janet Yellen’s favorite labor market report, job openings in December plunged by a whopping 354K, from an downward revised 6.787MM to 6.423MM, the lowest monthly total since December 2017…

… which when combined with last month’s huge 574K drop in job openings, brings the two-month drop to a record 938K in the last two months of 2019, and suggests that even as the BLS indicates the jobs market is humming along, employers are retrenching and pulled almost 1 million jobs-wanted postings in November and December.

Is it possible that the BLS was simply caught fabricating data? Certainly: as a reminder, it was back in September 2013 that we caught the BLS lying about labor market data precisely when looking at the JOLTS report, although it is just as likely that after overrepresenting the strength of the labor market for the past two years, the BLS decided to finally catch down to reality at the end of 2019.

Commenting on the data, the BLS said that the number of job openings decreased for total private (-332,000) and the largest decreases for job openings were in transportation, warehousing, and utilities (-88,000), real estate and rental and leasing (-34,000), and educational services (-34,000). The number of job openings fell in the South region

That said, there was a silver lining to today’s report: even at 6.4MM job openings this was still well above the total number of unemployed workers which in January was 5.9 million; and while December was the 22nd consecutive month in which job openings surpassed unemployed workers, the difference between the two series has shrunk to the lowest since March 2018.

Meanwhile, as job openings plunged, the number of Americans quitting their jobs has been largely unchanged for the past year, having plateaued at just around 3.5 million (the number dropped by 80K in December).

That said, there was some good news: the number of hires in December rose by 80K, and remains slightly above where the cumulative change in payrolls over the past 12 months suggests it should be.

Still, despite this offset, the record two-month plunge in job openings is a very loud, and very clear signal that something is breaking in the labor market, and if this trend continues, then the next logical escalation is a surge in layoffs as US employers retrench and force their existing workers to boost their productivity further.

Needless to say, a nearly 1 million drop in job openings in two months is not something one would see if the economy was firing on all cylinders as the stock market represents every single day.


Tyler Durden

Tue, 02/11/2020 – 10:19

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MCC Vs. AOC: Michelle Caruso-Cabrera To Run Against Ocasio-Cortez In Democratic Primary

MCC Vs. AOC: Michelle Caruso-Cabrera To Run Against Ocasio-Cortez In Democratic Primary

Is AOC about to get a taste of her own medicine?

The Democratic diva and self-proclaimed ‘Democratic Socialist’ has been out campaigning for Bernie Sanders in recent weeks as one of his top surrogates. But back home, a challenge is brewing, as Michelle Caruso-Cabrera, a popular anchor on CNBC, has filed paperwork to challenge the 29-year-old lawmaker during this year’s Democratic Primary.

Being a member of the House, AOC is obligated to defend her seat every two years. She famously knocked out Joe Crowley, the chairman of the Queens Democratic Committee and a leader in the House Democratic caucus, during a 2018 upset primary win.

MCC made the announcement on CNBC, the channel where she has worked for years. In a brief statement, she cited her Italian and Cuban heritage and longstanding roots to the Bronx and Queens district that AOC currently represents, and where MCC also lives.

One anchor on CNBC joked that viewers were calling the race the ‘rumble in the Bronx’. Readers can find her disclosure paperwork here.

Longtime CNBC anchor Larry Kudlow is now one of President Trump’s top economic advisors, and once ran for Senate in his home state of Connecticut.

The race is already growing crowded as MCC will be the 12th candidate. Here’s a rundown of who’s running in NY’s 14th district.

Democratic Party Democratic primary candidates

  • Alexandria Ocasio-Cortez (Incumbent)
  • Fernando Cabrera
  • Michelle Caruso-Cabrera
  • James Dillon
  • Badrun Khan
  • Jose Velazquez

Republican Party Republican primary candidates

  • Jineea Butler
  • Israel Ortega Cruz
  • John Cummings
  • Miguel Hernandez
  • Scherie Murray
  • Ruth Papazian
  • Rey Solano
  • Antoine Tucker

If MCC’s coverage is any guide, she will likely attack AOC’s socialistic tendencies, while also attacking AOC’s role in driving Amazon, and more than 100,000 well-paying jobs, away from Long Island City.


Tyler Durden

Tue, 02/11/2020 – 10:03

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California Attorney General Defends Gang Database Despite Abuses by LAPD

More than a dozen officers of the Los Angeles Police Department have been caught boosting their division’s success rate by deliberately adding innocent civilians, including young children, to CalGang, a statewide database that tracks gang members. Now the California attorney general has decided to limit the damage, but not to question the database itself.

In a letter sent Monday to the Los Angeles Police Department, Attorney General Xavier Becerra promised an independent audit of the department’s CalGang entries. The entries will have to be corroborated by other evidence, such as body camera footage, and L.A. officers will have to be retrained on how to use the system. Also, if someone in Los Angeles asks to be removed from the database but is denied, a higher-ranking police officer will be required to review the decision.

In a press conference yesterday, Becerra acknowledged that those added falsely to the database could be subjected to extra police scrutiny. But he also repeatedly claimed that CalGang is a good policing tool that keeps the community safe.

A state audit of the system in 2016 painted a different picture: In addition to a mess of privacy and civil liberties problems, it found a host of inaccurate entries, failures to follow basic rules, and transparency problems. Some abuses are likely linked to racial bias, as with the case of a black man who works as a gang intervention worker who learned he had been added to the database of gang members. (NBC News details his story here.)

It’s unclear how many false records have been added to CalGang, and the number will likely remain unknown until an audit is conducted.

Watch the full press conference here.

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Georgia Can’t Compel School Speakers To Promise They Won’t Boycott Israel, Argues New Federal Lawsuit

Lawsuit seeks to overturn Georgia’s Israel boycott law. Civil rights organizations are suing in federal court on behalf of documentary filmmaker Abby Martin, who was uninvited from a scheduled speaking engagement at Georgia Southern University after refusing to sign a pledge that said she would not boycott Israel.

“The organizers were afraid my pro-Palestine activism & film Gaza Fights For Freedom would violate Georgia’s anti-BDS law,” wrote Martin on Twitter in January. BDS stands for boycott, divestment, and sanctions.

“Modeled after the global South African anti-apartheid movement, the BDS movement’s stated goal is to pressure the Israeli government to end its occupation of Palestinian territory,” the Georgia Council on American-Islamic Relations (CAIR-Georgia) explains.

“I will not forfeit my constitutional rights by signing this pledge,” said Martin at a press conference yesterday. 

The anti-BDS law in Georgia, passed in 2016, forbids government-run institutions in the state from contracting with people who can’t or won’t certify that they’re not boycotting companies based in Israel or Israeli-controlled settlements or companies that do business with them. Georgia was the sixth U.S. state to say so, passing the measure not long after Mike Pence, then-governor of Indiana, signed a similar bill into law in his state. As of last year, 27 states had adopted similar laws.

In Georgia, “the law applies only to state contracts worth at least $1,000 and involves no investigation or extensive paperwork,” explained the Atlanta Jewish Times back in 2017. “A potential contractor just has to sign a statement saying it does not boycott Israel.”

Of course, not everyone finds that to be such a minor thing. Asking Americans to sign some pledge of allegiance to certain goods would be weird enough if we were talking about locally made products. Georgia is asking any contractor hired by a state institution to pledge to help prop up another country’s businesses. It would be downright bizarre even if U.S. politicians didn’t regularly and publicly perform ritual displays of reverence for Israel.

The new lawsuit against the University System of Georgia, filed Monday, comes from CAIR-Georgia, CAIR Legal Defense Fund, and the Partnership for Civil Justice Fund. Last year, CAIR helped overturn an anti-BDS law in Texas. In that case, the District Court for the Western District of Texas concluded that “the First Amendment does not allow” such a law.

“By canceling a journalist’s speaking engagement on a college campus because she refused to pledge support for a foreign government, the State of Georgia has blatantly violated the First Amendment’s guarantee of freedom of speech,” CAIR-Georgia Executive Director Edward Ahmed Mitchell said in a statement yesterday. “Every American has the constitutional right to engage in political boycotts, and the State of Georgia does not have the right to punish any American for doing so.”

Earlier this year, a federal court dismissed a challenge to Arizona’s anti-BDS law, but only on procedural grounds.

First Amendment lawyers disagree over the constitutionality of these bills, however.

“Decisions not to buy or sell goods or services are generally not protected by the First Amendment,” wrote Eugene Volokh, Cornell law professor Michael C. Dorf, and Northwestern University professor Andrew M. Koppelman in a 2019 amicus brief for a case challenging Alabama’s anti-BDS law. More:

As a general matter, a decision not to do business with someone, even when it is politically motivated (and even when it is part of a broader political movement), is not protected by the First Amendment. And though people might have the First Amendment right to discriminate (or boycott) in some unusual circumstances—for instance when they refuse to participate in distributing or creating speech they disapprove of—that is a basis for a narrow as-applied challenge, not a facial one. For this reason, Ark. Code Ann. § 25-1-503 is constitutional.

More from The Volokh Conspiracy on the matter here, here, and here, and from Reason‘s Jacob Sullum here.


ELECTION 2020 

Bernie Sanders bests Joe Biden in latest poll: 

See also: Where the 2020 Democrats stand on sex work decriminalization. Rep. Tulsi Gabbard (D–Hawaii) told Reason:

If a consenting adult wants to engage in sex work, that is their right, and it should not be a crime. All people should have autonomy over their bodies and their labor.

Most of the other candidates have been much more equivocal or publicly silent on the issue, including Sens. Elizabeth Warren (D–Mass.) and Bernie Sanders (I–Vt.). But Sanders and Warren are sponsoring a bill to study the effects of FOSTA, which made hosting content that “facilitates prostitution” a federal crime.

“I agree we could use more research,” says Bella Robinson, sex worker and executive director of COYOTE Rhode Island. “But why would we trust the government?”

More here.


FREE MINDS

Federal housing policy is getting families evicted. The Washington Post reports on Taja Robinson, who was kicked out of her Silver Spring, Maryland, apartment for smoking cigarettes in the parking lot. The subsidized housing unit (and many others across the country) is acting in response to a U.S. Department of Housing and Urban Development ban on smoking in public housing that includes any areas within 25 feet of a building.

“Banning public housing residents from smoking is unfairly discriminatory for a variety of reasons,” University of Houston law professors Dave Fagundes and Jessica L. Roberts write in a 2019 essay published in the Northwestern University Law Review. They continue:

Because a violation could lead to eviction, the policy may well push many public housing residents out onto the street, ironically worsening health outcomes. The rule also intrudes into the private lives of smokers in public housing by forbidding them from engaging in lawful conduct in the sanctity of their homes. It singles out smokers for regulation in a way that validates stigma. Finally, HUD’s smoke-free policy poses unappreciated distributional concerns, with the heaviest burdens falling on historically disadvantaged populations like the elderly, people with disabilities, certain racial and ethnic minorities, and the poor.

Read the whole essay here.


FREE MARKETS 

Trump proposes getting the Food and Drug Administration out of tobacco regulation.


QUICK HITS

  • Tom Steyer will see fellow Democratic presidential candidates’ plans to raise the federal minimum wage to $15 an hour and raise them one $22-per-hour minimum wage.
  • Virginia legislators are advancing bills to usher in marijuana decriminalization, legal casinos, online sports betting, and new gun regulations. The state may also finally remove a law criminalizing sex between unmarried people from the books.
  • Avalon condemns “the decentralization of the family” and David Brooks approves (and, of course, takes the opportunity to beat up on freedom and individualism again).
  • A New York doctor is advancing a simple test that could help explain why many miscarriages happen. Zev Williams, director of the Columbia University Fertility Center “has a patent on the method of preparing and testing samples and anticipates he will work with a commercial partner to offer it to doctors across the country,” reports NBC News. “Eventually, he hopes to further lower the cost.”

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Watch Live: Fed Chair Powell Goes To Capitol Hill

Watch Live: Fed Chair Powell Goes To Capitol Hill

Fed Chair Powell begins his two-day testimony before Congress today.

The Fed chief will answer questions from lawmakers following his prepared remarks. He’s also scheduled for a hearing before the Senate Banking Committee at 10 a.m. Wednesday as part of his semi-annual testimony to Congress.

In his prepared remarks, Powell provided a mostly positive picture of the U.S. economy but raised the specter of coronavirus’ impact on the world economy and additionally warned of slowing its liquidity bailout program.

And as far as what is to be expected, it’s anyone’s guess given that “mad” Maxine Waters is in charge… but,as Marc Chandler detailed earlier, three general issues appear to be the focus.

First is the economic impact of the coronavirus. Yesterday, both Daly (non-voter) and Harker (voter) still were emphasizing the “good place” that the US economy was in, suggesting no change in their stance. However,  Powell may be a bit more balanced and highlight the international risks, which were the basis of the argument for easing last year.

Second, Powell may discuss the Fed’s operations aimed at ensuring a smooth transmission of its policy, which has resulted in repo operations and $60 bln a month of T-bill purchases. Powell may help explain why this is not QE, and the actions have kept financial market conditions broadly stable and supportive.

Third, there may be some follow-up to comments by Vice-Chair Quarles that suggested the Fed may be open to some changes in how minimum reserves are calculated, such a shift toward average holdings rather than the end of period (year) positions.

As Rabobank’s Michael Every noted earlier, today we get to listen to a technocrat describe how well everything is going while trying to decipher the hidden and not so hidden hints in his speech to ensure that one correctly front-runs where the state is about to pour enormous buckets of liquidity. That’s right: it’s the first day of Fed Chair Powell’s semi-annual testimony. The key issue: does the current virus give him extra momentum towards easing? If so, is it just going to be more Repo Madness? Or will the virus threat be a convenient pivot-point towards lower rates? We have, after all, seen policy easing in most of ASEAN and China already. Is that going to prove contagious.

Watch Live (due to start at 1000ET):

*  *  *

Full Prepared Remarks Below:

Chairwoman Waters, Ranking Member McHenry, and other members of the Committee, I am pleased to present the Federal Reserve’s semiannual Monetary Policy Report.

My colleagues and I strongly support the goals of maximum employment and price stability that Congress has set for monetary policy. Congress has given us an important degree of independence to pursue these goals based solely on data and objective analysis. This independence brings with it an obligation to explain clearly how we pursue our goals. Today I will review the current economic situation before turning to monetary policy.

Current Economic Situation
The economic expansion is well into its 11th year, and it is the longest on record. Over the second half of last year, economic activity increased at a moderate pace and the labor market strengthened further, as the economy appeared resilient to the global headwinds that had intensified last summer. Inflation has been low and stable but has continued to run below the Federal Open Market Committee’s (FOMC) symmetric 2 percent objective.

Job gains averaged 200,000 per month in the second half of last year, and an additional 225,000 jobs were added in January. The pace of job gains has remained above what is needed to provide jobs for new workers entering the labor force, allowing the unemployment rate to move down further over the course of last year. The unemployment rate was 3.6 percent last month and has been near half-century lows for more than a year. Job openings remain plentiful. Employers are increasingly willing to hire workers with fewer skills and train them. As a result, the benefits of a strong labor market have become more widely shared. People who live and work in low- and middle-income communities are finding new opportunities. Employment gains have been broad based across all racial and ethnic groups and levels of education. Wages have been rising, particularly for lower-paying jobs.

Gross domestic product rose at a moderate rate over the second half of last year. Growth in consumer spending moderated toward the end of the year following earlier strong increases, but the fundamentals supporting household spending remain solid. Residential investment turned up in the second half, but business investment and exports were weak, largely reflecting sluggish growth abroad and trade developments. Those same factors weighed on activity at the nation’s factories, whose output declined over the first half of 2019 and has been little changed, on net, since then. The February Monetary Policy Report discusses the recent weakness in manufacturing. Some of the uncertainties around trade have diminished recently, but risks to the outlook remain. In particular, we are closely monitoring the emergence of the coronavirus, which could lead to disruptions in China that spill over to the rest of the global economy.

Inflation ran below the FOMC’s symmetric 2 percent objective throughout 2019. Over the 12 months through December, overall inflation based on the price index for personal consumption expenditures was 1.6 percent. Core inflation, which excludes volatile food and energy prices, was also 1.6 percent. Over the next few months, we expect inflation to move closer to 2 percent, as unusually low readings from early 2019 drop out of the 12-month calculation.

The nation faces important longer-run challenges. Labor force participation by individuals in their prime working years is at its highest rate in more than a decade. However, it remains lower than in most other advanced economies, and there are troubling labor market disparities across racial and ethnic groups and across regions of the country. In addition, although it is encouraging that productivity growth, the main engine for raising wages and living standards over the longer term, has moved up recently, productivity gains have been subpar throughout this economic expansion. Finding ways to boost labor force participation and productivity growth would benefit Americans and should remain a national priority.

Monetary Policy
I will now turn to monetary policy. Over the second half of 2019, the FOMC shifted to a more accommodative stance of monetary policy to cushion the economy from weaker global growth and trade developments and to promote a faster return of inflation to our symmetric 2 percent objective. We lowered the federal funds target range at our July, September, and October meetings, bringing the current target range to 1-1/2 to 1-3/4 percent. At our subsequent meetings, with some uncertainties surrounding trade having diminished and amid some signs that global growth may be stabilizing, the Committee left the policy rate unchanged. The FOMC believes that the current stance of monetary policy will support continued economic growth, a strong labor market, and inflation returning to the Committee’s symmetric 2 percent objective. As long as incoming information about the economy remains broadly consistent with this outlook, the current stance of monetary policy will likely remain appropriate. Of course, policy is not on a preset course. If developments emerge that cause a material reassessment of our outlook, we would respond accordingly.

Taking a longer view, there has been a decline over the past quarter-century in the level of interest rates consistent with stable prices and the economy operating at its full potential. This low interest rate environment may limit the ability of central banks to reduce policy interest rates enough to support the economy during a downturn. With this concern in mind, we have been conducting a review of our monetary policy strategy, tools, and communication practices. Public engagement is at the heart of this effort. Through our Fed Listens events, we have been hearing from representatives of consumer, labor, business, community, and other groups. The February Monetary Policy Report shares some of what we have learned. The insights we have gained from these events have informed our framework discussions, as reported in the minutes of our meetings. We will share our conclusions when we finish the review, likely around the middle of the year.

The current low interest rate environment also means that it would be important for fiscal policy to help support the economy if it weakens. Putting the federal budget on a sustainable path when the economy is strong would help ensure that policymakers have the space to use fiscal policy to assist in stabilizing the economy during a downturn. A more sustainable federal budget could also support the economy’s growth over the long term.

Finally, I will briefly review our planned technical operations to implement monetary policy. The February Monetary Policy Report provides details of our operations to date. Last October, the FOMC announced a plan to purchase Treasury bills and conduct repo operations. These actions have been successful in providing an ample supply of reserves to the banking system and effective control of the federal funds rate. As our bill purchases continue to build reserves toward levels that maintain ample conditions, we intend to gradually transition away from the active use of repo operations. Also, as reserves reach durably ample levels, we intend to slow our purchases to a pace that will allow our balance sheet to grow in line with trend demand for our liabilities. All of these technical measures support the efficient and effective implementation of monetary policy. They are not intended to represent a change in the stance of monetary policy. As always, we stand ready to adjust the details of our technical operations as conditions warrant.

Thank you. I am happy to take your questions.


Tyler Durden

Tue, 02/11/2020 – 09:55

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“TOTAL RACIST”: Controversy Erupts Over Viral Clip Of Mike Bloomberg Extolling Virtues Of ‘Throwing Minority Kids Against Wall’

“TOTAL RACIST”: Controversy Erupts Over Viral Clip Of Mike Bloomberg Extolling Virtues Of ‘Throwing Minority Kids Against Wall’

A recently unearthed clip from 2015 featuring Mike Bloomberg defending “stop and frisk” has gone viral, after podcaster Benjamin Dixon unearthed audio of the former three-term NYC mayor telling the Aspen Institute that the program targeted minority “kids” who must be thrown “up against the wall” in order to disarm them.

The Aspen Institute says that Bloomberg representatives begged them not to distribute footage of his appearance at the time.

Screenshot

Ninety-five percent of murders- murderers and murder victims fit one M.O. You can just take a description, Xerox it, and pass it out to all the cops,” said Bloomberg. “They are male, minorities, 16-25. That’s true in New York, that’s true in virtually every city (inaudible). And that’s where the real crime is. You’ve got to get the guns out of the hands of people that are getting killed.”

Bloomberg then said that urban crime-fighting requires that cities “spend the money” to “put a lot of cops on the streets,” which explains why minorities are targeted more heavily for petty crimes.

So one of the unintended consequences is people say, ‘Oh my God, you are arresting kids for marijuana that are all minorities.’ Yes, that’s true. Why? Because we put all the cops in minority neighborhoods,” Bloomberg is heard saying on the recording. “Yes, that’s true. Why do we do it? Because that’s where all the crime is. And the way you get the guns out of the kids’ hands is to throw them up against the wall and frisk them… And then they start… ‘Oh I don’t want to get caught.’ So they don’t bring the gun. They still have a gun, but they leave it at home.”

In 2013 Bloomberg said he thought “we disproportionately stop whites too much and minorities too little.”

Reactions to the clip on the left do not bode well for the Democratic presidential candidate.

Bernie Sanders’ national co-chair, Nina Turner, amplified Dixon’s tweet on Monday evening, along with several other minority influencers.

President Trump tweeted – then deleted, the viral clip on Tuesday, calling Bloomberg a “TOTAL RACIST.”

Meanwhile, a clip of former South Bend Mayor Pete Buttigieg (D) confusing ‘dark money’ with ‘black money’ and then awkwardly going with it is a must-see.


Tyler Durden

Tue, 02/11/2020 – 09:35

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California Attorney General Defends Gang Database Despite Abuses by LAPD

More than a dozen officers of the Los Angeles Police Department have been caught boosting their division’s success rate by deliberately adding innocent civilians, including young children, to CalGang, a statewide database that tracks gang members. Now the California attorney general has decided to limit the damage, but not to question the database itself.

In a letter sent Monday to the Los Angeles Police Department, Attorney General Xavier Becerra promised an independent audit of the department’s CalGang entries. The entries will have to be corroborated by other evidence, such as body camera footage, and L.A. officers will have to be retrained on how to use the system. Also, if someone in Los Angeles asks to be removed from the database but is denied, a higher-ranking police officer will be required to review the decision.

In a press conference yesterday, Becerra acknowledged that those added falsely to the database could be subjected to extra police scrutiny. But he also repeatedly claimed that CalGang is a good policing tool that keeps the community safe.

A state audit of the system in 2016 painted a different picture: In addition to a mess of privacy and civil liberties problems, it found a host of inaccurate entries, failures to follow basic rules, and transparency problems. Some abuses are likely linked to racial bias, as with the case of a black man who works as a gang intervention worker who learned he had been added to the database of gang members. (NBC News details his story here.)

It’s unclear how many false records have been added to CalGang, and the number will likely remain unknown until an audit is conducted.

Watch the full press conference here.

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Georgia Can’t Compel School Speakers To Promise They Won’t Boycott Israel, Argues New Federal Lawsuit

Lawsuit seeks to overturn Georgia’s Israel boycott law. Civil rights organizations are suing in federal court on behalf of documentary filmmaker Abby Martin, who was uninvited from a scheduled speaking engagement at Georgia Southern University after refusing to sign a pledge that said she would not boycott Israel.

“The organizers were afraid my pro-Palestine activism & film Gaza Fights For Freedom would violate Georgia’s anti-BDS law,” wrote Martin on Twitter in January. BDS stands for boycott, divestment, and sanctions.

“Modeled after the global South African anti-apartheid movement, the BDS movement’s stated goal is to pressure the Israeli government to end its occupation of Palestinian territory,” the Georgia Council on American-Islamic Relations (CAIR-Georgia) explains.

“I will not forfeit my constitutional rights by signing this pledge,” said Martin at a press conference yesterday. 

The anti-BDS law in Georgia, passed in 2016, forbids government-run institutions in the state from contracting with people who can’t or won’t certify that they’re not boycotting companies based in Israel or Israeli-controlled settlements or companies that do business with them. Georgia was the sixth U.S. state to say so, passing the measure not long after Mike Pence, then-governor of Indiana, signed a similar bill into law in his state. As of last year, 27 states had adopted similar laws.

In Georgia, “the law applies only to state contracts worth at least $1,000 and involves no investigation or extensive paperwork,” explained the Atlanta Jewish Times back in 2017. “A potential contractor just has to sign a statement saying it does not boycott Israel.”

Of course, not everyone finds that to be such a minor thing. Asking Americans to sign some pledge of allegiance to certain goods would be weird enough if we were talking about locally made products. Georgia is asking any contractor hired by a state institution to pledge to help prop up another country’s businesses. It would be downright bizarre even if U.S. politicians didn’t regularly and publicly perform ritual displays of reverence for Israel.

The new lawsuit against the University System of Georgia, filed Monday, comes from CAIR-Georgia, CAIR Legal Defense Fund, and the Partnership for Civil Justice Fund. Last year, CAIR helped overturn an anti-BDS law in Texas. In that case, the District Court for the Western District of Texas concluded that “the First Amendment does not allow” such a law.

“By canceling a journalist’s speaking engagement on a college campus because she refused to pledge support for a foreign government, the State of Georgia has blatantly violated the First Amendment’s guarantee of freedom of speech,” CAIR-Georgia Executive Director Edward Ahmed Mitchell said in a statement yesterday. “Every American has the constitutional right to engage in political boycotts, and the State of Georgia does not have the right to punish any American for doing so.”

Earlier this year, a federal court dismissed a challenge to Arizona’s anti-BDS law, but only on procedural grounds.

First Amendment lawyers disagree over the constitutionality of these bills, however.

“Decisions not to buy or sell goods or services are generally not protected by the First Amendment,” wrote Eugene Volokh, Cornell law professor Michael C. Dorf, and Northwestern University professor Andrew M. Koppelman in a 2019 amicus brief for a case challenging Alabama’s anti-BDS law. More:

As a general matter, a decision not to do business with someone, even when it is politically motivated (and even when it is part of a broader political movement), is not protected by the First Amendment. And though people might have the First Amendment right to discriminate (or boycott) in some unusual circumstances—for instance when they refuse to participate in distributing or creating speech they disapprove of—that is a basis for a narrow as-applied challenge, not a facial one. For this reason, Ark. Code Ann. § 25-1-503 is constitutional.

More from The Volokh Conspiracy on the matter here, here, and here, and from Reason‘s Jacob Sullum here.


ELECTION 2020 

Bernie Sanders bests Joe Biden in latest poll: 

See also: Where the 2020 Democrats stand on sex work decriminalization. Rep. Tulsi Gabbard (D–Hawaii) told Reason:

If a consenting adult wants to engage in sex work, that is their right, and it should not be a crime. All people should have autonomy over their bodies and their labor.

Most of the other candidates have been much more equivocal or publicly silent on the issue, including Sens. Elizabeth Warren (D–Mass.) and Bernie Sanders (I–Vt.). But Sanders and Warren are sponsoring a bill to study the effects of FOSTA, which made hosting content that “facilitates prostitution” a federal crime.

“I agree we could use more research,” says Bella Robinson, sex worker and executive director of COYOTE Rhode Island. “But why would we trust the government?”

More here.


FREE MINDS

Federal housing policy is getting families evicted. The Washington Post reports on Taja Robinson, who was kicked out of her Silver Spring, Maryland, apartment for smoking cigarettes in the parking lot. The subsidized housing unit (and many others across the country) is acting in response to a U.S. Department of Housing and Urban Development ban on smoking in public housing that includes any areas within 25 feet of a building.

“Banning public housing residents from smoking is unfairly discriminatory for a variety of reasons,” University of Houston law professors Dave Fagundes and Jessica L. Roberts write in a 2019 essay published in the Northwestern University Law Review. They continue:

Because a violation could lead to eviction, the policy may well push many public housing residents out onto the street, ironically worsening health outcomes. The rule also intrudes into the private lives of smokers in public housing by forbidding them from engaging in lawful conduct in the sanctity of their homes. It singles out smokers for regulation in a way that validates stigma. Finally, HUD’s smoke-free policy poses unappreciated distributional concerns, with the heaviest burdens falling on historically disadvantaged populations like the elderly, people with disabilities, certain racial and ethnic minorities, and the poor.

Read the whole essay here.


FREE MARKETS 

Trump proposes getting the Food and Drug Administration out of tobacco regulation.


QUICK HITS

  • Tom Steyer will see fellow Democratic presidential candidates’ plans to raise the federal minimum wage to $15 an hour and raise them one $22-per-hour minimum wage.
  • Virginia legislators are advancing bills to usher in marijuana decriminalization, legal casinos, online sports betting, and new gun regulations. The state may also finally remove a law criminalizing sex between unmarried people from the books.
  • Avalon condemns “the decentralization of the family” and David Brooks approves (and, of course, takes the opportunity to beat up on freedom and individualism again).
  • A New York doctor is advancing a simple test that could help explain why many miscarriages happen. Zev Williams, director of the Columbia University Fertility Center “has a patent on the method of preparing and testing samples and anticipates he will work with a commercial partner to offer it to doctors across the country,” reports NBC News. “Eventually, he hopes to further lower the cost.”

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China’s Banks Face $6 Trillion Coronavirus Cataclysm If Epidemic Is Not Contained Soon

China’s Banks Face $6 Trillion Coronavirus Cataclysm If Epidemic Is Not Contained Soon

In a little noticed post back in November, we reported that as part of a stress test conducted by China’s central bank in the first half of 2019, 30 medium- and large-sized banks were tested; In the base-case scenario, assuming GDP growth dropped to 5.3% – nine out of 30 major banks failed and saw their capital adequacy ratio drop to 13.47% from 14.43%. In the worst-case scenario, assuming GDP growth dropped to 4.15%, some 2% below the latest official GDP print, more than half of China’s banks, or 17 out of the 30 major banks failed the test. Needless to say, the implications for a Chinese financial system – whose size is roughly $41 trillion – having over $20 trillion in “problematic” bank assets, would be dire.

Why do we bring this up now? Because according to many Wall Street estimates, as a result of the slowdown resulting from the Coronavirus pandemic, China’s economic growth is set to slow sharply, with some banks such as JPMorgan now expecting as little as 1% GDP growth in Q1 assuming the epidemic is contained in the next few weeks; if it isn’t, Chinese Q1 GDP growth may print negative for the first time on record.

This is a big problem, because as noted above if the PBOC’s 2019 stress test is credible, more than half of China’s banks would fail the “stress test” should GDP drop to just 4.15%; and one can only imagine what happens to China’s banks if GDP prints negative.

Or, alternatively, one can read the fine print, where we find that among the immediate first order consequences of a GDP crunch is that the bad loan ratio at the nation’s 30 biggest banks would rise five-fold, flooding the country with trillions in non-performing loans, and potentially unleashing a tsunami of bank defaults.

Of course, regular readers are wll aware that China’s banks are already suffering record loan defaults as the economy last year expanded at the slowest pace in three decades. As extensively covered The slump tore through the nation’s $41 trillion banking system, forcing the not only the first bank seizure in two decades as Baoshang Bank was nationalized , but also bailouts at  Bank of Jinzhou, China’s Heng Feng Bank, as well as two very troubling bank runs at China’s Henan Yichuan Rural Commercial Bank at the start of the month, and then more recently at Yingkou Coastal Bank.

All that may be a walk in the park compared to what is coming next.

“The banking industry is taking a big hit,” You Chun, a Shanghai-based analyst at National Institution for Finance & Development told Bloomberg. “The outbreak has already damaged China’s most vibrant small businesses and if it prolongs, many firms will go under and be unable to repay their loans.”

While the market is filled with optimistic speculation that the Chinese economy will be spared the worst, we already know that China’s top aluminum buyers have already voided contracts with some of the world’s biggest copper producers citing “force majeureprovisions. We doubt they will be the only ones, or that China’s banks will somehow escape unscathed a millions of businesses freeze their operations, refusing to pay the coupon or debt maturities. This means that China’s banks – already undercapitalized from nearly two years of trade war with the US – will bear the brunt of the coming operational and liquidity squeeze, and Beijing will be forced to chose between bailing out hundreds of banks, or letting them fail.

To be sure, JPMorgan is not alone in its dire GDP forecast: UBS estimates growth will slow to 3.8% in the first quarter from a 6% pace at the end of year and to 5.4% for 2020 if the virus is contained within three months. If the virus is more protracted, annual growth could dip below 5%. Goldman Sachs similarly predicts a sharp slowdown in the quarter to 4%, while still predicting full-year growth at 5.5%.

It gets worse.

Doing its own calculations based on China’s stress tests, Bloomberg reports that according to S&P estimates, the worst-case scenario would cause bad debt to balloon by 5.6 trillion yuan ($800 billion), for a ratio of about 6.3%, adding to the already daunting 2.4 trillion yuan of non-performing loans China’s banks are sitting on (a number which, like the details of the viral epidemic, is largely massaged lower and the real number is far higher according to even conservative skeptics).

Predictably, S&P expects that banks with operations concentrated in Hubei province and its capital city of Wuhan, the epicenter and the region worst hit by the virus, will likely see the greatest increase in problem loans. The region had 4.6 trillion yuan of outstanding loans held by 160 local and foreign banks at the end of 2018, with more than half in Wuhan. The five big state banks had 2.6 trillion yuan of exposure in the region, followed by 78 local rural lenders, according to official data.

The problem is that Beijing recently “advised” the largest banks, including Industrial and Commercial Bank of China, to serve their civic duty by bailing out millions of struggling small businesses by providing more cheap loans, rolling over debt and waiving fees, steps which will only add to the total bad debt total.

And so, just as China has scrambled to talk down the impact of the pandemic, so too officials have sought to ease concern over the hit to the banking sector. Zhou Liang, vice chairman of the China Banking and Insurance Regulatory Commission, said on Friday that a potential increase in bad loans is “manageable” without clarifying what level of bad loeans would become unmanageable. Chinese lenders dissolved 3 trillion yuan of bad loans last year alone, he said, adding that bad loan ratio of China’s small businesses was at 3.22%.

Highlighting the plight of small bushiness, most of which are indebted to China’s banks, a recent nationwide survey showed that about 30% said they expect to see revenue plunge more than 50% this year because of the virus and 85% said they are unable to maintain operations for more than three months with cash currently available. Perhaps they were exaggerating in hopes of garnering enough sympathy from Beijing for a blanket bailout; or perhaps they were just telling the truth.

In any event, nothing short of a coronavirus cataclysm faces both China’s banks and small businesses if the coronavirus isn’t contained in the coming weeks.

Until then, banks have no choice but to keep throwing good money after bad, adding to their plight: “Social stability is of utmost importance to the authorities in China,” S&P analysts led by Tan Ming said in a recent report. “Therefore, banks have been asked to help carry the burden of this health outbreak.”

It gets worse: at a time when banks are desperate for any inbound cash, Beijing is telling them to collect even less interest on existing loans, effectively tying their fate with the success (or failure) of eradicating the coronavirus. As Bloomberg reports, while most state banks agreed to cut the borrowing costs of virus-stricken firms by 0.5 percentage point, the State Council now requires them to ensure that small businesses are paying no more than 1.6% with government subsidy.  And even as cheaper financing may help the broader economy, rates below 5% mean banks are barely making enough money to cover their cost of funding after accounting for default risks.

Which brings us to yet another unpleasant comp to the SARS epidemic, or even the 2008 global financial crisis: what differentiates the current episode from 2008 or 2003 “is the lack of bank capital now to support an aggressive bank-led credit stimulus,” said Grace Wu, head of Greater China Banks at Fitch Ratings in Hong Kong. “Chinese banks do not have the same capacity to replenish capital now given their profitability has trended down in recent years.”

And not even the government in Beijing can magically conjure trillions in new funds to bail out its entire banking system without catastrophic consequences across an economy which is already suffering from the highest inflation in 9 years.

None of this has escaped investors, who are turning more downbeat on Chinese banks by the day, and whose shares have underperformed the benchmark in most of the past five years. The “big four” state-owned lenders, which together control more than $14 trillion of assets, currently trade at an average 0.6 times their forecast book value, near a record low. This also means that in the eyes of the market, as much as $6 trillion in bank assets are currently worthless!

Bank stocks have responded appropriately, with Bloomberg writing that China’s credit giant, ICBC with over $4 trillion in assets, is down 11% YTD while China Construction Bank Corp., the nation’s second largest, has lost 7.6% so far in 2020.

The worst is yet to come however, as the unexpected coronavirus epidemic is now their greatest test, and the longer it lasts, the lower the chances of a happy ending: “The resilience of China’s banking system may be severely tested,” the S&P analysts said.


Tyler Durden

Tue, 02/11/2020 – 09:15

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Forced to Choose? Picking a Playoff Opponent

In the VC back in 2004, I proposed that sports leagues let their playoff top seeds pick their opponents. I am happy to see the news that Major League Baseball is floating a proposal to let some teams (the top teams who play in the first round) do just that. I think this is a great idea, and I would apply it in all leagues for all the playoffs. As I wrote in 2004 using as an example the NBA (which has 8 teams in each conference going to the playoffs):

Why make this change? It truly rewards the teams with the best records, and it avoids the problem of a top team having the bad luck to be pitted against another top team while teams with fewer wins have weaker opponents. Maybe the 7th seed slumped at the end of the season or has just suffered injuries, whereas the 8th seed ended the season strongly and would have had a better record if its star had not been hurt in the beginning of the season.

My proposal would make for better matchups. Leagues like the best teams to meet deep into the playoffs, and this makes it more likely that that will happen – because the team with the best record will avoid playing the stronger teams until late in the playoffs.

A lot of the reaction so far has been negative. Sam Miller at ESPN lays out the most obvious argument against picking your opponent:

I don’t think playoff teams actually want to pick their opponents. They would like to face the worst opponents, to be sure. But actually picking them inevitably ends up looking like an act of hubris. You pick a team, fire them up, give them all the bulletin board material they could ever hope for, and then if they actually beat you (which—it’s baseball, so of course they will), you get taunted for your arrogance?

But that’s not a bug, it’s a feature! As I noted back in 2004:

[Choosing your opponent] should also greatly increase fan interest. Fans of the choosing teams can debate who their team should opt to play in a given round of the playoffs. And it would create a new element for the chosen teams and their fans. If the 1st seed decided to play the 7th seed rather than the 8th, the 7th could use the choice as a motivating tool (“They chose to play us because they thought we were weak. Let’s show them.”) and the 8th seed could boast that the best team was afraid to play them. And if the 8th seed met the 1st seed later in the playoffs, the story line would be irresistible (“The 1st seed must now play the team it sought to avoid.”) …Woe to the coach who chooses to play a higher-seeded team and then loses. But that woe translates into fan interest – “Can you believe he chose to play Team Y when he could have played Team Z?” – and a new set of story lines.

So, yes, this will add a new level of tension for whoever chooses the opponent (the manager/coach), and maybe for the teams more generally. More tension and a new level of strategy in the playoffs – the horrors! But seriously, this seems like a choice worth choosing.

P.S. No, I’m not claiming that the MLB was aware of, much less influenced by, my 2004 blog post.

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