Law & Crime:

[A] three-judge panel of a state appellate court found that certain invertebrate animal species, including bees, are legally contained under the same umbrella definition as “fish” under the terms of the Golden State’s homegrown Endangered Species Act.

Four different bumblebee species are facing dire odds in the country’s most populous state. That danger mostly comes from the activities of huge agricultural interests. In 2019, the California Fish and Game Commission moved to protect those bees, the Crotch, Franklin’s, Western, and Suckley’s cuckoo, by designating them as endangered, threatened, and candidate species under three sections of the CESA.

Almond growers, citrus farmers, cotton ginners, and other agricultural groups sued. They argued that the CESA does not allow the Commission to designate any insects as endangered, threatened, or candidate species because insects are not included in the statute’s enumerated categories of wildlife entitled to such legal protections.

The Commission countered, saying that the definition of fish can and should encapsulate bees and other similarly situated invertebrates because, in part, it already does in practice. At least one species of shrimp, snail and crayfish are listed under the CESA. The listing of the Trinity bristle snail is particularly instructive, the Commission argued.

That’s because the snail, the commissioners note, does not even live in the water and was categorized as “threatened” in 1980. The way the snail got on the list was by being classified as a “fish.” Since the bristle snail is a terrestrial species, the Commission argues, “fish” cannot be limited to animals that inhabit a marine environment.

RTWT

——————————-

Read it and weep:

Almond Alliance of California et. al. v. fish and Game Commission et. al.

We conclude a liberal interpretation of the Act, supported by the legislative history and the express language in section 2067 that a terrestrial mollusk and invertebrate is a threatened species (express language we cannot ignore), is that fish defined in section 45, as a term of art, is not limited solely to aquatic species. Accordingly, a terrestrial invertebrate, like each of the four bumble bee species, may be listed as an endangered or threatened species under the Act. . . .

If we were to apply the noscitur a sociis canon to the term invertebrate in section 45 to limit and restrict the term to aquatic species, as petitioners suggest, we would have to apply that limitation to all items in the list. In other words, we would have to conclude the Commission may list only aquatic mollusks, crustaceans, and amphibians as well. Such a conclusion is directly at odds with the Legislature’s approval of the Commission’s listing of a terrestrial mollusk and invertebrate as a threatened species. Furthermore, limiting the term to aquatic would require a restrictive rather than liberal interpretation of the Act, which is also directly at odds with our duty to liberally construe the remedial statutes contained therein. We thus decline to apply the statutory interpretation canon here.

——————————-

Ilya Somin, writing at (T)Reason magazine, says: “The ruling is not as ridiculous as it sounds.”

Which explains, of course, just how driveway puddles get to be “Navigable Waterways,” and growing wheat to feed animals on your own farm (Wickard v. Filburn) can be “Interstate Commerce.”

Clearly you don’t really have to be a full-fledged liberal statist to become this intellectually addled. This kind of extreme casuistical thinking can apparently be transmitted to soi disant Libertarian professors by mere contagion resulting from their hanging around the sort of intellectual pestholes known as law schools.

Ilya Somin urges us to replace the Left’s May Day celebrations with a new day devoted to remembering the numberless victims of Communism.

Our comparative neglect of communist crimes has serious costs. Victims of Communism Day can serve the dual purpose of appropriately commemorating the millions of victims, and diminishing the likelihood that such atrocities will recur. Just as Holocaust Memorial Day and other similar events help sensitize us to the dangers of racism, anti-Semitism, and radical nationalism, so Victims of Communism Day can increase awareness of the dangers of left-wing forms of totalitarianism, and government control of the economy and civil society.

Sadly, recent political trends show that this year is an especially important time for Americans, in particular, to recall the crimes of communism. The front-runner for the presidential nomination in one major party has praised the authoritarian leadership of of ex-KGB Colonel Vladimir Putin and and the “strength” displayed by the Chinese communists when they massacred thousands of students at Tiananmen Square. A leading candidate in the other party has extolled the supposed virtues of the brutal communist regimes of Cuba and Nicaragua, including even their bread lines, ideological indoctrination, and censorship of the media. The situation in this country is not nearly as bad as the wholesale whitewashing of communism that Vladimir Putin’s regime seeks to accomplish in Russia. But the fact that people who say such things can be serious contenders for the presidency is disturbing nonetheless.

Full editorial.

There’s been a certain amount of complaining about my insulting people by referring to them as “low-information-voters.” The problem is: I’m right. That’s exactly what they are, as Ilya Somin explains at some length.

A specter is haunting this year’s presidential election: political ignorance. Both Democrats and Republicans love to accuse the other party’s supporters of that sin. Sadly, both are often right.

The presumptive GOP nominee Donald Trump has raised exploitation of ignorance to new heights. Many of the main themes of his campaign prey on it. Trump’s campaign first took off when he claimed we are being inundated with Mexican immigrants, who increase the crime rate because many are “criminals” and “rapists.” In reality, net migration from Mexico has been close to zero for the last 10 years. Yet few Americans seem to know that. And while studies consistently find that immigrants have lower crime rates than native-born Americans, a 2015 Pew Research Center study found that 50% of Americans (and 71% of Republicans) believe immigration is making crime “worse.”

Trump’s claim that nations such as China, Mexico and Japan are “killing us on trade” because we have trade deficits with them also relies on ignorance. As economists across the political spectrum recognize, free trade benefits the economy, and a bilateral trade deficit between two nations is no more an indicator of economic failure than is my trade deficit with my local supermarket. Unfortunately, studies show that trade is one of the areas where there is the greatest gap between general public opinion and informed opinion.
Trump is far from the only candidate to exploit ignorance this year, merely the most successful. Bernie Sanders, the “democratic socialist” who has mounted an unexpectedly strong challenge for the Democratic nomination, shares some of Trump’s demagoguery on trade.

Like Trump, Sanders has also put forward budget projections that most experts, even in his own party, regard as fantastical. Surveys consistently show that most Americans greatly underestimate the percentage of federal spending devoted to big entitlement programs, such as Medicare and Social Security, which are among the largest areas of federal spending. As a result, many voters accept Trump and Sanders’ claims that we can not only deal with our serious fiscal problems without reforming them, but also pile on enormous spending increases (Sanders) or tax cuts (Trump). A survey of Sanders supporters by Vox found that the vast majority are unwilling to pay more than a fraction of the tax increases that even Sanders’ own projections say would be required to fund the new health care and education programs he proposes. Most likely do not realize the true cost.

The problem of ill-informed voters is certainly not confined to Trump and Sanders, or to the 2016 election; more conventional politicians often manipulate ignorance, as well. It is also not limited to specific issues, instead extending to the basic structure of government.

Read the whole thing.