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David Boaz

Ayn Rand, the Russian refugee who became America’s bestselling novelist of ideas, was born 110 years ago today in St. Petersburg. I reflect on her life and impact at Townhall.com:

George Gilder called Atlas Shrugged “the most important novel of ideas since War and Peace.” Writing in the Washington Post, he explained her impact on the world of ideas and especially the world of capitalist ideas: “Rand flung her gigantic books into the teeth of an intelligentsia still intoxicated by state power, during an era when even Dwight Eisenhower maintained tax rates of 90 percent and confessed his inability to answer Nikita Khrushchev’s assertion that capitalism was immoral because it was based on greed.”

Rand’s books first appeared when no one seemed to support freedom and capitalism, and when even capitalism’s greatest defenders seemed to emphasize its utility, not its morality. It was often said at the time that socialism is a good idea in theory, but human beings just aren’t good enough for socialism. It was Ayn Rand who said that socialism is not good enough for human beings….

The financial crisis and Wall Street bailouts gave Atlas Shrugged a huge push. A Facebook group titled “Read the news today? It’s like ‘Atlas Shrugged’ is happening in real life” was formed. More than 50 years after publication, the book had its best sales year ever. And sales have remained high – more than a million copies of Rand’s books were sold in 2012.

Whole thing here.

Find my exchange on Objectivism and libertarianism here. Watch two biographers of Ayn Rand talk about her at a Cato forum here. Scholars debate Rand’s moral and political thought at Cato Unbound.

Walter Olson

Don’t believe minimum wage hikes hurt real people? After March 31, a famed sci-fi bookstore on Valencia St. in San Francisco’s Mission District will no longer be able to cater to your taste in fantasy:

The change in minimum wage will mean our payroll will increase roughly 39%.  That increase will in turn bring up our total operating expenses by 18%.  To make up for that expense, we would need to increase our sales by a minimum of 20%.  We do not believe that is a realistic possibility for a bookstore in San Francisco at this time.

And this, which speaks for itself:

In November, San Francisco voters overwhelmingly passed a measure that will increase the minimum wage within the city to $15 per hour by 2018.  Although all of us at Borderlands support the concept of a living wage in [principle] and we believe that it’s possible that the new law will be good for San Francisco – Borderlands Books as it exists is not a financially viable business if subject to that minimum wage.  Consequently we will be closing our doors no later than March 31st.  The cafe will continue to operate until at least the end of this year.

Early reactions from customers online run heavily to two themes: 1) anguish that a beloved cultural institution is passing from the scene and 2) reflections that they, the fans and customers, had supported the minimum wage hike too when it was on the ballot. (It might restrict businesses’ rights, but who cares about that?) But in this world – as in so many of the well-crafted alternative worlds of science fiction – the link between actions and their logical consequences, foreseen and intended or otherwise, is not to be broken.

Ilya Shapiro

I’ve previously written about the way that the existing case law regarding voting-rights protections requires the very kind of odious racialization of politics that Congress wrote the Voting Rights Act to forbid.  Specifically, courts have read the law in a way that essentially requires racial gerrymandering, which also racializes political differences between the parties. (The Supreme Court this term is considering one of the bizarre consequences of this line of precedent.)

Well, a couple of weeks ago an interesting lawsuit was filed by the Equal Voting Rights Institute (a Texas nonprofit run by Dan Morenoff, who is a friend of mine from law school) that illustrates where this jurisprudence leads when paired with the most basic notions of equal protection.

EVRI has brought exactly the same kind of suit long used by traditional voting-rights activists but this time on behalf of non-Hispanic-white voters in Dallas – where they constitute a racial minority that has seen its “preferred candidate” (a term of art in this arcane legal field) win only two county-wide races contested by the major parties over four election cycles, which is 2 out of about 150 elections. EVRI asks the courts to apply the same measuring sticks they’ve used for decades to require the drawing of districts for other groups in the new context of a “minority-majority” jurisdiction whose governing coalition still votes on ethnic lines and uses its political power to strip an out-of-step race of any chance to fairly participate in elections.

It’s hard to imagine a case where equal protection provisions are more starkly implicated: either the VRA protects the out-voted white voters of Dallas exactly as it protects the outvoted African American and Hispanic voters of Texas, or the Voting Rights Act – as construed by the courts – provides unequal protections to different races in flagrant violation of the Fourteenth Amendment.

But this means that a constitutional reading of the VRA would broaden the scope of its case law (and the odious racial gerrymandering it requires) to apply to every minority-majority jurisdiction in the country. In fact, as America becomes more diverse, it makes sense that judges would need to look at actual demographic facts on the ground to determine who needs their protection from racial disenfranchisement. That development may wake up the communities that have long viewed the Voting Rights Act as their proprietary cudgel to the need to return to the original understanding of the legislation: to police against actual instances of discrimination rather than maintain some sort of statistical parity akin to the “disparate impact” theories running rampant in other contexts. 

In other words, and to paraphrase Chief Justice John Roberts’s famous dictum, the way to stop racialized interpretations of the Voting Rights Act is to highlight the way that race-based decision-making has been used to interpret parts of that law. It’s a strange world where a classical liberal is required to root for more racially informed lawmaking in order to recover the core ban on racist voting laws that made the VRA the cornerstone of civil rights movement. But that is the world we live in.

For more on the case of Harding v. County of Dallas, Texas, see the complaint and EVRI’s press release.

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