Bill Maher, the conservative-curious liberal, talks to NRA-TV’s Colion Noir about guns, and an actual, reasonable discussion breaks out:
Colion Noir on Bill Maher
June 30th, 2018LinkSwarm for June 29, 2018
June 29th, 2018Half the year gone! And so far, those of you who declared “Surely Democrats can’t keep up this level of lunacy” are losing your bets…
Democrats should also understand that these public tantrums and other slights are simply bad politics. Voters don’t respond well to angry chanting losers harassing people, or to vulgar celebrities, or to threats verging on intimidation and violence. There is nothing inspirational about it, and it makes the targets of the anger look that much more reasonable. If Democrats think this crazed behavior will generate a “blue wave” in November, they are mistaken.
How did we get here? Two tracks converged to deliver us this dysfunction. The first is narrowly political. The Democrats, confident that they were on the right side of history, thought there was no harm in accelerating the rush to total victory. For years, Democrats practiced the rule that all is fair in judicial-confirmation battles, starting with the war on Judge Robert Bork in 1987. Then, under the leadership of Barack Obama and then–Senate majority leader Harry Reid, they did away with the filibuster on judicial appointments short of the Supreme Court, opening the door for Republicans to nudge it slightly more wide open.
The second track is longer. Starting over a century ago, progressives began emphasizing ends over means. If the Supreme Court could deliver wins unattainable at the ballot box and unsupported by the Constitution, so be it. Thus was born the “living Constitution” — the doctrine that holds that the magical parchment should mean whatever progressives need it to mean at any moment. This was how Anthony Kennedy became an (apparently temporary) gay-rights hero. After consulting his feelings, he found a constitutional right no one had found in the text before.
This idea that the Supreme Court is there to serve as a Praetorian Guard around progressive policies was on full display this week. Prior to Kennedy’s retirement announcement, the court issued a 5–4 ruling in Janus v. AFSCME, which held that public-sector unions can’t compel nonunion members to pay fees for union representation, thus violating the First Amendment.
Justice Elena Kagan caustically disagreed. For her, the problem with the decision was that “public employee unions will lose a secure source of financial support.”
“The First Amendment was meant for better things,” Kagan concluded in her dissent. “It was meant not to undermine but to protect democratic governance — including over the role of public-sector unions.”
In short: The Supreme Court isn’t there to protect the meaning of the First Amendment; the Supreme Court is there to protect a secure source of financial support for public-sector unions. If the First Amendment gets in the way, that’s okay.
The panic unfolding across the progressive landscape stems from the creeping fear that the Supreme Court might start doing its job — and not the job progressives have assigned it.
What will the #NeverTrump coalition in the Beltway (with an annex in New York) say now?
For a while, before tax cuts and regulatory reform boosted the economy, before defense spending increased, before Jerusalem was recognized as Israel’s capital, and before a “maximum pressure” campaign led to a detente with North Korea, #NeverTrumpers were fond of mockingly summarizing Trump supporters’ arguments as “But Gorsuch.”
This bit of childish taunting always struck me as an unknowing admission of ignorance about the role assumed by the Supreme Court in modern American governance. Even when 21 appeals court judges took their seats — orchestrated by Senate Majority Leader Mitch McConnell and his Republican colleagues — still the one-note pundits played on, only louder: President Trump was so awful and evil, and conservatives who supported him had done so for one lousy seat on the Supreme Court.
The implication from all the noise and a thousands posts was that “Gorsuch” wasn’t worth it. Now, after Justice Neil M. Gorsuch’s first year on the court, it will be impossible to overstate what his confirmation has meant.
While Justice Kennedy was usually a moderate conservative, there were areas of the law in which Justice Kennedy was not particularly moderate and others in which he was not particularly conservative. Particularly in areas touching on the freedom of speech and personal liberty, Justice Kennedy would swing for the fences. Justice Kennedy was easily the most speech-protective Justice on what was a quite speech-protective Court. Whether the speech at issue concerned political campaigns or product pricing, “offensive” messages or dishonest claims about military service, Justice Kennedy believed in uncompromising First Amendment protection. By some accounts it was Justice Kennedy who pushed the Court (and a reluctant Chief Justice) to invalidate the McCain-Feingold campaign finance law, and this would be entirely consistent with what we saw in his First Amendment opinions.
Speech was not the only freedom that mattered to Justice Kennedy. He had a deep concern for Due Process, as shown in his embrace of habeas rights for alleged enemy combatants, his concerns about the application of capital punishment to some classes of criminal defendants, and his embrace of constitutional limits on punitive damages. He also, perhaps most famously, believed that due regard for individual liberty barred the government from adopting laws prohibiting or disregarding same-sex relationships, as in Lawrence, Romer, Windsor, and Obergefell. In these areas, there was nothing modest, moderate, or minimalist about Justice Kennedy’s views or the doctrinal rules he would embrace.
Given the makeup of the Roberts Court, as went Justice Kennedy, so went the Court. Where Kennedy was a moderate conservative favoring a minimalist approach, the Roberts court would tend to adopt a moderate conservative opinion. Where Justice Kennedy favored a more muscular approach, on the other hand, there were almost always at least four votes to go along. (NFIB v. Sebelius being a notable exception.) If Justice Kennedy wanted to recognize same-sex marriage or preclude the use of the death penalty for those convicted of non-lethal crimes, the liberals would agree. If Justice Kennedy wanted to protect campaign-related or commercial speech, the conservatives were there. so the Roberts Court was generally as conservative and as moderate as Justice Kennedy wanted to be.
(Hat tip: The Other McCain.)
There’s no sign of sanity. This week they turned the hate up to “11,” then cranked it to “17.” There are not many places to go once you reach “You are real live Nazis murdering children by not letting aspiring Democrat voters flow into the country at will!” At some point, instead of a few wild-eyed randos with crummy aim trying to off libs’ political/cultural opponents, they are going to start collectively going to go for the throat.
Our collective throat. Which I do not anticipate us Normals responding to in a huggy, loving kind of way.
Snip.
We’re already seeing it play out. The mainstream media quit even pretending to be honest – it’s in full scale fib mode. Look at the Time magazine cover of the little girl whose scumbag mom dragged her across the desert to help her break our laws (apparently without daddy’s permission and not for the first time). That Time cover is a lie, but it’s no surprise. The only surprise is that Time magazine is still a thing.
In fact, the whole manufactured outrage over Democrat-preferred criminals being treated like every other criminal was a lie. And the media not only doesn’t care but actively and consciously supports lying to you to support its liberal allies. But no one cares anymore. They can lie and lie and lie, and do, and we just smile and buy more guns and ammo.
So the leftists attempt to intimidate us into submission, showing up at people’s houses and screaming at them in restaurants. Take that, Sarah! The idea is since the leftists can’t convince Normals with the power of their ideas – because leftists’ ideas inevitably involve Normals ceding more of their rights and money to leftists – the left wants to make submission and obedience the price for being able to participate in the culture. But what’s inevitable is that us newly militant Normals, whose power is political rather than cultural, are going to respond pursuant to the New Rules and demand that leftists bake us a cake.
The more lukewarm Democrats are either keeping their mouths shut or are disappearing from the Party. The ones who remain are the ones who are more committed (translation: barking mad moonbats) who are the ones we hear talking about impeachment, banishing Trump supporters from the public square, protesting at Republican’s houses, etc.
It also explains why Democratic Party big wigs are losing primary challenges to candidates of the more barking mad persuasion (e.g. Joe Crowley, one of the biggest of the Democratic House big wigs who lost to someone who can only be described as a commie).
A judge ordered a do-over of a contested Democratic primary runoff race in South Texas after invalidating the runoff results due to voter fraud. The runoff was decided by six votes.
Ofelia “Ofie” Gutierrez contested the results of the May 22 Democratic primary runoff for Kleberg County Justice of the Peace Precinct 4 after losing to incumbent Esequiel “Cheque” De La Paz by a vote of 318 to 312.
Gutierrez alleged that more than six illegal votes were counted, cast by people who didn’t reside within Precinct 4 and therefore weren’t eligible to vote in the election.
On Tuesday, visiting Judge Joel Johnson threw out seven of the 16 ballots Gutierrez challenged in court. All seven were cast by voters related in some way to De La Paz.
Wow! Even after last week's fever pitch smear of the Trump administration, 70 percent say we need STRICTER enforcement of our immigration laws. Only 30 percent say looser.
— Eddie Zipperer (@EddieZipperer) June 28, 2018
When I realized that the left was trying to convince me that all my non-left family members were hateful, racist, sexist xenophobic bigots, I had to #WalkAway
— elbeskoz (@eLbeskoz) June 28, 2018
Democrat (Ex-)State Senator Carlos Uresti Gets 12 Years For Fraud
June 28th, 2018Texas Democratic State Senator Carlos Uresti was indicted, tried, convicted, resigned, and now he’s been sentenced on 11 felony fraud counts.
Former state Sen. Carlos Uresti was sentenced Tuesday to 12 years in prison for his roles in defrauding investors in an oil field services company.
He was ordered to pay $6.3 million in restitution to victims and faces three years probation, after he is released, for each of 11 felony counts. But Uresti remains free on bond until the end of his next trial, which starts Oct. 22.
The longtime San Antonio politician was convicted in February of 11 felonies and had faced a recommended sentence between 168 to 210 months.
(Hat tip: Dwight, who observes “Note how far down you have to scroll in the article before former Senator Uresti’s party affiliation is mentioned.”)
NEWSFLASH: Justice Anthony Kennedy to Retire
June 27th, 2018“Justice Anthony Kennedy announced Wednesday that he will retire from the Supreme Court, providing President Trump the opportunity to ensure a conservative majority on the Court.”
Kennedy’s retirement date is July 31.
Yet another reason to be thankful that Hillary Clinton isn’t President…
Brexit Now Official
June 27th, 2018Britain’s Queen Elizabeth granted royal assent to Prime Minister Theresa May’s flagship Brexit legislation on Tuesday, ending months of debate over the legislation that will formally end the country’s European Union membership.
The House of Commons speaker John Bercow said the EU withdrawal bill, passed by both houses of parliament last week, had been signed into law by the monarch, to cheers from Conservative lawmakers.
“I have to notify the House in accordance with the Royal Assent Act 1967 that her Majesty has signified her royal assent to the following acts … European Union Withdrawal Act 2018,” Commons Speaker John Bercow told lawmakers during a session of the house.
This means that the UK’s formal withdrawal from the European Union will occur on March 29, 2019.
Links to the various sections of the act can be found here.
(Hat tip: Instapundit.)
SCOTUS Strikes Down Public Employee Union Fees For Non-Members
June 27th, 2018In a 5-4 decision in Janus v. AFSCME, the Supreme Court has struck down the compulsory collecting of public employee union dues from non-members for collective bargaining, ruling that it violates non-members’ First Amendment rights. Justice Samuel Alito wrote the majority opinion, joined by Chief Justice Roberts and Justices Thomas, Kennedy and Gorsuch.
States and public-sector unions may no longer extract agency fees from nonconsenting employees. The First Amendment is violated when money is taken from nonconsenting employees for a public-sector union; employees must choose to support the union before anything is taken from them. Accordingly, neither an agency fee nor any other form of payment to a public-sector union may be deducted from an employee, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay.
This is a huge blow to the Democratic Party’s union dues collecting machine. And the small remaining rump of #NeverTrump’s mocking cries of “But Gorsuch” ring particularly hollow today.
SCOTUS Upholds Trump Travel Ban
June 26th, 2018In a 5-4 decision (Roberts writing the majority opinion, joined by Kennedy, Thomas, Alito and Gorsuch), the Supreme Court has upheld President Donald Trump’s travel ban from terrorism-supporting countries:
Under the Immigration and Nationality Act, foreign nationals seeking entry into the United States undergo a vetting process to ensure that they satisfy the numerous requirements for admission. The Act also vests the Presi- dent with authority to restrict the entry of aliens when- ever he finds that their entry “would be detrimental to the interests of the United States.” 8 U. S. C. §1182(f). Relying on that delegation, the President concluded that it was necessary to impose entry restrictions on nationals of countries that do not share adequate information for an informed entry determination, or that otherwise present national security risks….
By its plain language, §1182(f) grants the President broad discretion to suspend the entry of aliens into the United States. The President lawfully exercised that discretion based on his findings—following a worldwide, multi-agency review—that entry of the covered aliens would be detrimental to the national interest. And plaintiffs’ attempts to identify a conflict with other provisions in the INA, and their appeal to the statute’s purposes and legislative history, fail to overcome the clear statutory language….
In addition to the majority opinion, Justice Clarence Thomas’ concurring opinion takes a very strong swipe at the Ninth Circuit Court’s increasing tendency to issue blanket, “universal” injunctions:
Injunctions that prohibit the Executive Branch from applying a law or policy against anyone—often called “universal” or “nationwide” injunctions—have become increasingly common. District courts, including the one here, have begun imposing universal injunctions without considering their authority to grant such sweeping relief. These injunctions are beginning to take a toll on the federal court system—preventing legal questions from percolating through the federal courts, encouraging forum shopping, and making every case a national emergency for the courts and for the Executive Branch.
I am skeptical that district courts have the authority to enter universal injunctions. These injunctions did not emerge until a century and a half after the founding. And they appear to be inconsistent with longstanding limits on equitable relief and the power of Article III courts. If their popularity continues, this Court must address their legality.
The text of the decision is here.
Supreme Court Validates (Most) Texas Redistricting
June 25th, 2018“Most” in this case means that the Supreme Court sided with Texas in Abbot v. Perez for 10 out of 11 disputed districts:
Extinguishing the possibility that Texas could be placed back under federal electoral supervision, the U.S. Supreme Court on Monday pushed aside claims that lawmakers intentionally discriminated against voters of color when they enacted the state’s congressional and state House maps.
In a 5-4 vote, the high court threw out a lower court ruling that had found that lawmakers intentionally undercut the voting power of Hispanic and black voters, oftentimes to keep white incumbents in office. The Supreme Court found that the evidence was “plainly insufficient” to prove that the 2013 Legislature acted in “bad faith.”
The Supreme Court also ruled that all but one of the 11 congressional and state House districts that had been flagged as problematic could remain intact. The one exception was Fort Worth-based House District 90, which is occupied by Democratic Rep. Ramon Romero and was deemed an impermissible racial gerrymander because lawmakers illegally used race as the predominant factor in deciding its boundaries.
The decision also means that “preclearance” (i.e., Texas having to have all redistricting cleared by the federal government) is finally well and truly dead.
Justice Samuel Alito wrote the majority opinion, with concurrences from justices Roberts, Kennedy, Thomas and Gorsuch.
Here’s the text of the decision.
As for House District 90, the text of the decision states that “On remand, the District Court will have to consider what if any remedy is appropriate at this time.” Since it’s already held by a democrat, expect the lower court’s enthusiasm for an immediate remedy to the issue to be tempered, and this late in the game, they might merely order that the issue be addressed following the 2020 census, which would fall to the 87th Texas legislature in 2021.
Watch Hollywood Morons Fail A Citizenship Test
June 24th, 2018For your Lazy Sunday Video™ viewing pleasure, here’s some morons in Hollywood failing to answer some of the most basic question from a citizenship exam:
Enjoy the smug sense of superiority you get from watching an MTV reality show, without the annoyance of having to watch an MTV reality show…
China’s Semiconductor Play
June 23rd, 2018This is interesting:
Beijing is set to announce a new fund of about 300 billion yuan ($47.4 billion) for the development of China’s semiconductor industry, The Wall Street Journal reported Friday, citing sources familiar with the matter.
The government-backed China Integrated Circuit Investment Fund is heading up the new investment vehicle, the report said. The fund was not available for comment outside of Beijing business hours.
The 300 billion yuan fund would go toward improving China’s ability to design and manufacture advanced microprocessors and graphic-processing units, among other initiatives, the Journal said, citing one source. The size of the fund and other details could change, another source told the newspaper.
Last week, Chen Yin, spokesman and chief engineer of China’s Ministry of Industry and Information Technology, said the fund welcomes foreign investment.
“The second phase of fundraising is underway, and we welcome foreign companies to participate in this round of financing,” Chen said at a news conference in Beijing, according to a report from state-run English-language newspaper China Daily.
Beijing is seeking to develop domestic technological innovation in areas such as robotics and semiconductors through an initiative called “Made in China 2025.” One of the U.S. trade delegation’s aims in talks with China this week was to ask Beijing to stop subsidies of that program. The visit ended Friday with little apparent progress in resolving a trade dispute between the two countries.
Should we worry? About that, no. Semiconductors are a very complex and expensive game to play. China is already in the game, and goodly portion of any semiconductor spending in China goes into the pockets of American and Japanese fab equipment suppliers like Applied Materials, LAM Research and Tokyo Electron. China has a native semiconductor equipment industry, but it’s hardly setting the world afire.
Tsinghua Unigroup is already in the process of building three fabs at a cost of $70 billion, focused on the memory business. Samsung is currently the top player in this space, followed by Hynix and Micron, and right now that space is pretty profitable.
In China the question is always how much of that investment is real, and how much is illusion. A lot of those “under construction” fabs never materialize, either unable to attract investors or having their funds magically siphoned off to some other enterprise. Also, memory chips are an extremely volatile business: In boom times (like now), they make money hand-over-fist. During busts (which are always around the corner), memory fabs barely break even, which is a big problem if you’re trying to earn back your $10 billion investment in a cutting edge 300mm fab.
A bigger concern for any foreign investor who helps build a fab in China to serve the Chinese manufacturing market is the blatant intellectual property theft, and China retaliating when a foreign manufacturer blows the whistle:
Three weeks ago, Micron and South Korean chipmakers Samsung and SK Hynix all reported that the Chinese government had launched antitrust probes into their firms, and accused them of setting artificially high prices for memory chips.
Yes, but: American companies and the U.S. government have long been suspicious about the link between China’s anti-monopoly policies and its industrial goals. “They want access to the intellectual property. They need us to teach them how to do it. Once they have the industry, they want to push us out,” an industry source familiar with China’s investigation into Micron tells Axios. The price hikes, the source says, are largely due to a boom in demand for memory chips in everything from smartphones to autonomous vehicles. China’s investigation is “a clear indication that they’re not ready to make [semiconductors] work,” says the source. Micron’s fight to protect its IP is not new. Other U.S. firms have run up against the same Chinese antitrust policies or regulations and have been forced to strike deals with Beijing.
The New York Times’ Paul Mozur dove into the story a heist of Micron’s crown jewel — its chip design — in Taiwan, where the company keeps its trade secrets. Qualcomm tangled with China: “To get back in Beijing’s good graces, the company agreed to lower its prices in China, promised to shift more of its high-end manufacturing to partners in China, and pledged to upgrade the country’s technology capabilities,” the New York Times’ David Barboza reports. The same thing has happened to IBM and Apple and others. “‘I’m not sure who’s fought China and won, just like I’m not sure who’s fought a casino and won in the long run,” says Bruce Mehlman, who was an assistant secretary of commerce for technology policy under the Bush administration and now lobbies for several tech companies. Worth noting: Japan, South Korea and Taiwan all have thriving semiconductor industries, too. The difference is, these countries accept competition, whereas Beijing wants to give its national champions the advantage, Jimmy Goodrich, vice president of global policy at the Semiconductor Industry Association, says. The bottom line, per the industry source: “We’re all dependent on China because everything is assembled there.”
This is a bigger problem, and will remain a bigger problem until American companies commit to building the infrastructure for a full-blown American flexible manufacturing supply chain to rival China’s.
All that said, IP theft only gets you so far in semiconductors. By the time you’ve stolen all the IP you need for a current generation chip, chances are good your rivals have already started to fab the next generation of product. And it’s not just the chip design you need to steal; you also need to steal the hundreds, if not thousands, of process step tweaks you need to properly fab 50 layer, 7nm node chips at acceptable uniformity across 300mm wafers. Screw up any one of those steps and your wafer yields crash and you’re making really large, expensive coasters.
Equally challenging for China is hiring qualified semiconductor engineers in China, people with the knowledge and experience to correct process steps to improve yields. There aren’t nearly enough being produced domestically, so China has recently started setting up satellite offices in America and Japan.
Tawain, on the other hand, has all the pieces to the puzzle (save, once again, semiconductor equipment manufacturing), with TSMC dominating the global foundry market. Foundries don’t design their own chips, they manufacture chips designed by others, and TSMC’s mastery of process control is probably second only to Intel’s. This is one reason defending Taiwan is in America’s national interest.
The Trump Administration should continue to push China on the intellectual property issue, and if the cost of doing business in China is giving away your intellectual property, foreign companies should refrain from manufacturing in China. (Alas, a resolution that’s easier said than done…)