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Comment Next Stop: SCOTUS (Score 4, Informative) 76

The Third Circuit court ruled that CFTC has jurisdiction.

Southern District of New York (Judge Analisa Torres, July 2026): Denied Kalshi’s request for a preliminary injunction. Held that the CEA does not preempt New York’s gambling laws as applied to Kalshi’s sports event contracts.
District of Maryland, ditto
District of Arizona, ditto
District of Nevada, ditto
District of Utah, summary judgment allowing Utah to apply its anti-gambling laws
One Sixth Circuit decision also went against Kalshi on related issues

Submission + - VA Gov Spanberger Working to Stop the Dominion-NextEra Merger (archive.is)

schwit1 writes: NextEra Energy, a Florida-based utility company, has filed paperwork to buy Dominion Energy for about $67 billion, creating the largest regulated electric utility in the world. Virginia’s State Corporation Commission is the regulatory body tasked with reviewing the application, and the SCC’s commissioners will ultimately decide whether to approve, deny or impose new conditions on any potential merger.

As a Virginian, I am deeply skeptical about whether selling our primary state-regulated utility to an out-of-state company is good for the commonwealth. I have serious questions about what this deal would mean for us. And as governor, I intend to get answers and be a voice for Virginians in the process.

That is why I will be taking the legal step of “intervening” in this proposed merger, which means that as governor, I will formally request to be a party to the case.

I know this action is unprecedented by a Virginia governor — but so, too, is the size of this proposed merger and its potential impact on the commonwealth. Virginians deserve to know that their leaders are laser-focused on ensuring that their needs are part of the SCC review.

Submission + - What is BMW thinking? (theautopian.com)

schwit1 writes: BMW is pumping ads for movies into your car and trying to make it sound like they’re giving you some big treat.

I think that’s the part that bothers me the most, the couching of this all like we should be delighted that now there’s another place where we can’t escape the constant onslaught of advertising.

There’s something just so wrong about this all, a company treating the people who have bought their cars as just more marks, more targets to be advertised to, more chances to wring money out of those people unfortunate enough to choose to pay that company for their vehicle.

When you buy a car from BMW, do you actually own that car? I own a house, and I make payments to a mortgage company every month, and I’m pretty sure it would be illegal for that mortgage company to put a fucking Spider-Man billboard in my yard, facing my front windows. Is what BMW is doing any different?

Why is the ownership experience of a BMW the same as taking the cheapest tier of a streaming service, where you have to watch ads? If BMW wants to pump ads into cars, they should cut the price of their cars to compensate for the owner’s time! That’s not free, and I know they know that, because the value of that attention is what they’re charging Marvel for to run these stupid ads.

Submission + - Bill Gates was given a seat at the NIH's Covid policy-setting table (x.com)

An anonymous reader writes: Bill Gates had no official public health authority, yet he was given a seat at the table in high-level COVID briefings and played a direct role in shaping America’s pandemic response. Private billionaires should not be steering national policy behind closed doors.

Submission + - Trump administration drafting ban on Chinese data center devices (yahoo.com)

schwit1 writes: The Federal Communications Commission, which oversees the U.S. telecom industry, is working on the measure to bar imports of new Chinese optical transceivers, which allow data to travel over fiber-optic cables at the speed of light within data centers. Officials hope to publish it this year, when it would take effect.

The move, not previously reported, aims to prevent Chinese firms from stealing data, installing malware or disrupting service at U.S. data centers, which house the chips to train and run AI models.

The FCC could still modify or shelve the restriction, the sources stressed, speaking on condition of anonymity to discuss sensitive matters. But it is the latest example of the Trump administration trying to limit Chinese technological incursions into cutting-edge U.S. industries before they become embedded in the supply chain.

"Transceivers definitely pose a risk," said Divyansh Kaushik, an AI policy expert at Washington, D.C., advisory firm Beacon Global Strategies. "As the data center buildout scales up, you want to make sure the data center supply chain is secure from the get-go," he added.

A U.S. ban on new models of Chinese data center devices would likely hit China's Zhongji Innolight, one of the biggest global sellers of transceivers, which was added to the Pentagon's list of alleged Chinese military-backed companies in June. The list can be a harbinger of tougher action. Innolight did not respond to requests for comment.

A ban could also raise costs for American cloud firms such as Amazon Web Services, as it may force them to transition to other producers such as U.S.-based Coherent and Lumentum.

Submission + - Spain offers $1.14 Billion to get Thirty Meter Telescope moved to Canary Islands (behindtheblack.com)

schwit1 writes: TMT has been blocked because of local protesters in Hawaii — who apparently oppose the presence of whites in Hawaii as well as on the mountain Mauna Kea — and have been supported by the state government run by the Democrats. In response, the consortium building TMT had chosen the Canary Islands as its back-up location, but that choice meant that Japan pulled out of the partnership. In addition, the National Science Foundation has withdrawn all funding from the project. Thus, nothing could be built anywhere.

Since late last year TMT has been in serious negotiations with Spain. Apparently it wanted Spain to come up with more cash before committing to the move.

Spain has now done so. Whether TMT will accept remains uncertain. The Canary Islands is not as good a site for the telescope than Mauna Kea in Hawaii. And it appears there is also local opposition to the project. But considering TMT does not have the funding in Hawaii, it seems that either it accepts this offer or the telescope will never be built.

It seems a far better choice for TMT would be to get Spain to use that billion dollars to build a really good space telescope. The pay-off would be far better than building a ground-based telescope — no matter how large — that will have to look through both the atmosphere as well as the millions of satellites expected to be launched in the next decade.

Submission + - AI Companies Are Recruiting Electricians and Carpenters by the Thousands (nytimes.com)

An anonymous reader writes: There is no parallel in American history for the boom underway in the construction of data centers, fueled by companies with functionally unlimited cash that are racing to supply skyrocketing demand for their A.I. models. The explosion has offset flagging activity in other sectors, like office construction, which never recovered after the pandemic. Housing has been depressed by high interest rates, and offshore wind felled by political opposition. Still, competition for labor — never mind land and materials — is starting to weigh on other parts of the industry.

“There’s no question the resources are very limited, so decisions to build one thing kind of drag from another,” said Mario Iacobacci, who runs the construction and infrastructure advisory practice at Oxford Economics. Developers are paying a premium for workers, especially in the rural areas where they are building data centers. According to an analysis by Indeed, the job listings website, hourly installation and maintenance jobs at data centers pay 42 percent more than similar jobs in other fields. Behind that inflated pay is a bidding war. In markets with a lot of data center construction, like Dallas and Northern Virginia, workers can jump ship for bonuses or higher per diem rates. The competition has driven contractors to staffing services like Aerotek.

“It is creating a labor tension that is really delicate,” said Marty Schager, Aerotek’s director of data center market development. “You’ve got a passive job-seeker community out there right now that I think is looking to potentially capture opportunity with this once-in-a-generation data center gold rush.” [...] The question looms over the apprentices who will become journeymen as the build-out reaches fever pitch. Fully trained electricians could shift to nuclear plants, apartment buildings or pharmaceutical factories. But it’s hard to imagine anything on the scale of what’s underway.

“The best-case scenario would be you train all these skilled workers up and right when the data centers start to become less popular is we’d have a housing boom,” said Jeff Strohl, director of Georgetown University’s Center on Education and the Workforce. “That’s probably not likely.” Joe Ottenbacher already switched careers, leaving early childhood education because of its bureaucracy and underfunding. He worries that an exodus of electricians from their $200,000-a-year data center jobs could depress wages for everybody else. “If we have an influx of workers at this point with the data centers being built, what happens when they’re done? Where do those workers go?” he said. “How many people does it take to run a data center after taking up all this property and all this land that could have been used for something else?”

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