A federal judge ruled Friday that California’s “assault weapons” ban is unconstitutional.
The court found the state’s ban on the sale of AR-15s and other popular rifles violated the Second Amendment. Judge Roger Benitez [of the United States District Court for the Southern District of California] ruled the guns targeted by California are in common use. He said the state ran afoul of the Constitution in restricting access to them.
“This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection,” Benitez wrote. “The banned ‘assault weapons’ are not bazookas, howitzers, or machineguns. Those arms are dangerous and solely useful for military purposes. Instead, the firearms deemed ‘assault weapons’ are fairly ordinary, popular, modern rifles.
“This is an average case about average guns used in average ways for average purposes.”
California’s ban is one of the oldest and most aggressive in the country. It was instituted in 1989 but has been expanded multiple times in the decades since. The state added more guns and features to the ban. Eventually, it banned the possession of unregistered “assault weapons” before the latest iteration of the ban was challenged by gun-rights groups in federal court.
Benitez said the AR-15’s versatility made it widely popular in the United States, and that popularity is part of what gives it protection under the Second Amendment. He compared the modular firearm to a “Swiss Army Knife” and noted its use for home defense and civil defense.
“Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller and United States v. Miller,” he said. “Yet, the State of California makes it a crime to have an AR15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional.”
1989 means the ban even predates the cosmetic Clinton-era “assault weapon” ban intended to ban ARs, AKs, and most modern sporting rifles. Indeed, the Roberti-Roos Assault Weapons Control Act of 1989 was the model the Clinton Administration used for their own ban, including the dreaded barrel shroud. Roberti-Roos is also the source of California’s infamous ban on detachable magazines and those holding more than 10 rounds.
For those that say the Republican Party has been completely useless at achieving conservative objectives, I would point to the appointment of strong Federalist Society and pro-Second Amendment judges as one of many counter examples. Without Reagan and Bush41, we don’t get Scalia and Thomas, and without them we don’t get Heller. Indeed, without originalist judges, the Second Amendment would probably have been legislated away entirely by now…
On February 19, 2020, The Lancet, among the most respected and influential medical journals in the world, published a statement that roundly rejected the lab-leak hypothesis, effectively casting it as a xenophobic cousin to climate change denialism and anti-vaxxism. Signed by 27 scientists, the statement expressed “solidarity with all scientists and health professionals in China” and asserted: “We stand together to strongly condemn conspiracy theories suggesting that COVID-19 does not have a natural origin.”
The Lancet statement effectively ended the debate over COVID-19’s origins before it began. To Gilles Demaneuf [a data scientist with the Bank of New Zealand in Auckland], following along from the sidelines, it was as if it had been “nailed to the church doors,” establishing the natural origin theory as orthodoxy. “Everyone had to follow it. Everyone was intimidated. That set the tone.”
The statement struck Demaneuf as “totally nonscientific.” To him, it seemed to contain no evidence or information. And so he decided to begin his own inquiry in a “proper” way, with no idea of what he would find.
Demaneuf began searching for patterns in the available data, and it wasn’t long before he spotted one. China’s laboratories were said to be airtight, with safety practices equivalent to those in the U.S. and other developed countries. But Demaneuf soon discovered that there had been four incidents of SARS-related lab breaches since 2004, two occuring at a top laboratory in Beijing. Due to overcrowding there, a live SARS virus that had been improperly deactivated, had been moved to a refrigerator in a corridor. A graduate student then examined it in the electron microscope room and sparked an outbreak.
Demaneuf published his findings in a Medium post, titled “The Good, the Bad and the Ugly: a review of SARS Lab Escapes.” By then, he had begun working with another armchair investigator, Rodolphe de Maistre. A laboratory project director based in Paris who had previously studied and worked in China, de Maistre was busy debunking the notion that the Wuhan Institute of Virology was a “laboratory” at all. In fact, the WIV housed numerous laboratories that worked on coronaviruses. Only one of them has the highest biosafety protocol: BSL-4, in which researchers must wear full-body pressurized suits with independent oxygen. Others are designated BSL-3 and even BSL-2, roughly as secure as an American dentist’s office.
Read on to see mostly what those of you reading this blog knew last year, albeit with some new details. Such as…
It seems that even The State Department tried to block investigation of the lab leak hypothesis:
A report in Vanity Fair details actions by some members of the U.S. State Department to block efforts to investigate the origins of the coronavirus because the inquiry could open “a can of worms.” An internal memo sent to department heads by Thomas DiNanno, former acting assistant secretary of the State Department’s Bureau of Arms Control, Verification, and Compliance, warned “not to pursue an investigation into the origin of COVID-19.”
The “can of worms” in question was the extensive funding by the U.S. government into the Wuhan Virology Lab’s “gain-of-function” virus research. It’s unclear whether DiNanno was concerned that an investigation would uncover evidence of a lab leak or the extent to which the U.S. was funding dangerous research.
Indeed, there’s a lot more going on with this gain-of-function research than has ever been revealed. There appears to be a powerful lobby within the U.S. government that is heavily invested in the dangerous research and is serious about keeping it quiet. Former CDC chairman Robert Redfield received death threats from fellow scientists after telling CNN that he believed COVID-19 had originated in a lab.
The pro-lockdown “experts” were shocked. If a state as big as Texas joined Florida and succeeded in thumbing its nose at “the science” – which told us that for the first time in history healthy people should be forced to stay in their houses and wear oxygen-restricting face masks – then the lockdown narrative would begin falling apart.
President Biden famously attacked the decision as “Neanderthal thinking.” Texas Democratic Party Chairman Gilberto Hinojosa warned that, with this order, Abbott would “kill Texans.” Incoming CDC Director Rochelle Walensky tearfully told us about her feelings of “impending doom.”
When the poster child for Covid lockdowns Dr. Fauci was asked several weeks later why cases and deaths continued to evaporate in Texas, he answered simply, “I’m not sure.” That moment may have been a look at the man behind the proverbial curtain, who projected his power so confidently until confronted with reality.
Now a new study appearing as a National Bureau of Economic Research working paper, highlighted recently in Reason Magazine, has found “no evidence that the reopening affected the rate of new COVID-19 cases in the five-week period following the reopening. …State-level COVID-19 mortality rates were unaffected by the March 10 reopening.”
Hunter Biden said he couldn’t remember his baby mama. Turns out she worked for him. And he fired her.
Every time Hunter is in the news, the MSM asks Joe Biden about…ice cream. “The record is now rife with individuals associated with foreign governments and intelligence organizations giving millions to Hunter and his uncle as well as luxurious expenses and gifts.”
Rashard Turner, founder of St. Paul chapter of #BlackLivesMatter learns better:
That was made clear when they publicly denounced charter schools alongside the teachers union. I was an insider in Black Lives Matter. And I learned the ugly truth. The moratorium on charter schools does not support rebuilding the black family. But it does create barriers to a better education for black children. I resigned from Black Lives Matter after a year and a half. But I didn’t quit working to improve black lives and access to a great education.
Congressional Democrats just hit a snag in trying to cram through lots of budget busting bills using reconciliation.
While the Democrats have high, if not delusional hopes of fundamentally changing every aspect of American life, from federal voting dictates to essentially outlawing sub-contracting, the actual rules of the Senate have stood in their way. The filibuster, which Joe Manchin and Kyrsten Sinema (among others who are laying low) have pledged to not touch, means that Chuck Schumer and his merry band can’t force through things on a simple 50-50 vote.
The Democrats were given a shot of life a few months ago, though, in the form of a parliamentarian ruling that Schumer claimed greenlit most of his agenda. I expressed skepticism at the time in an article discussing the infrastructure package.
Chuck Schumer recently claimed the Senate parliamentarian gave him free rein, yet that decision has not been made public, and there’s probably a reason for that.
Well, it appears my skepticism was warranted. In what is claimed as a “new ruling,” the parliamentarian effectively rips the heart out of the Democrat agenda.
the ruling ALSO said Congress would have to start over. Repass budget in committees and bring them to the floor. in the senate, that would trigger another vote-a-rama. This would be exceedingly time consuming, and potentially politically risky.
Reconciliation is a very narrow process, and the Byrd Rule requires that anything included in a reconciliation bill must deal with taxes and budgetary issues. You also have stipulations about deficit offsets that must be taken into account. You can not pass regularly legislative items under the guise of reconciliation.
Given that, this ruling essentially defeats HR1, the ProAct, and much of what is included in the current “infrastructure” bill. Of course, none of those bills were likely getting support from Manchin anyway, but with reconciliation off the table to get this stuff passed, Schumer is now officially out of options.
Corn, soybeans, and wheat have been trading at multiyear highs, with corn having risen from around $3.80 per bushel in January 2020 to approximately $6.75 now. Chicken wings are at all-time record highs. It is getting more expensive to eat.
Copper prices have risen to an all-time high. Steel, too, recently traded at prices 35 percent above the previous all-time high set in 2008. Perhaps most famously, the price of lumber has nearly quadrupled since the beginning of 2020 and has nearly doubled just since January.
Naturally, with raw materials prices soaring, prices of manufactured goods are jumping, too. That is especially noticeable in the housing market, where the median price of existing homes rose to $329,100 in March—a whopping 17.2 percent increase from a year earlier.
The cost of driving is soaring, too. According to J.D. Power, cited in the Wall Street Journal, the average used car price has risen 16.7 percent and new car prices have risen 9.6 percent since January.
My answer would’ve been blunt – What I like about being white is I’m free to think anything I like; believe anything politically and not be prejudged by liberals for it. I don’t have people assuming I vote a specific way, for a particular party, simply because of my skin color. That no matter what I believe, I won’t be called a traitor to my race, a sell-out, or some racial slur like “Uncle Tom,” or “Uncle Tim.”
What I like about being white is I don’t have to suffer the bigotry of leftists demanding I conform to how they insist I must think.
Hill and pretty much every left-wing pundit, TV personality, reporter, academic, actor, etc., do not extend that same courtesy to, say, any black conservative. Ever.
In that answer, it would have exposed Hill for what he was trying to do to Rufo, and it shows what the left is now: you are your skin color. If you refuse to conform, if you won’t be what they demand you must be, you are their enemy.
Israeli opposition leader Yair Lapid announced that he is able to form a new government, in another step towards ousting longtime Prime Minister Benjamin Netanyahu.
Lapid’s coalition is made up of parties from the left and right wings of the political spectrum, many of whom would not normally sit together in the same government. For the first time in Israel’s history, an Arab political party—the Islamic conservative United Arab List—signed on as part of the prospective governing coalition.
The new government must survive a vote of confidence in the Knesset, Israel’s parliament, but the Knesset will not be in session for another twelve days. This means that members of Lapid’s coalition may defect in the meantime, potentially sending Israel to another round of elections.
Before Democrats start celebrating the fall of their designated bogeyman, the man likely to replace Netanyahu in the new government is Naftali Bennett, who is even harder right than Bibi:
Yair Lapid and Naftali Bennett have reached an agreement to rotate the prime minister’s position between them as they race to meet a Wednesday midnight deadline to finalize a coalition government to end Prime Minister Benjamin Netanyahu’s 12-year rule.
Under the agreement, Bennett will take the premiership first, but the two are still working on finalizing their ruling coalition, which would include parties from across the political spectrum. The Associated Press reported that as of 6 p.m. Wednesday in Israel, there was still no sign of progress.
Bibi would be going into the opposition. This isn't American politics, where losing a presidential election confines you to the outskirts of politics (usually). From the opposition, Bibi, who runs the largest party in Israel, is well-positioned to become PM again in the mid-term.
A-listers including actress Gwyneth Paltrow and director Steven Spielberg have raised the stakes with their backing of candidates. Spielberg and his wife have finally supported activist Maya Wiley, while Paltrow has supported Ray McGuire, a former Citigroup executive, Bloomberg reports.
The majority of those identified as actors or part of the entertainment industry have opted to join Paltrow in backing McGuire, who has vowed to boost film tax credits, Bloomberg reports. Figures who have donated to McGuire include “Despicable Me” producer Chris Meledandri, filmmaker Spike Lee and comedic actor Steve Martin. McGuire is also the only candidate not accepting public matching funds, Bloomberg notes.
Other candidates getting attention from Tinseltown include Scott Stringer and former presidential candidate Andrew Yang. Actress Scarlett Johansson has donated to Stringer, while Yang has reportedly received financial backing from actor Michael Douglas.
Also: “Recent polls, however, show Brooklyn Borough President Eric Adams in the lead.”
“Google’s Diversity Chief Removed for Decrying Jews’ ‘Insatiable Appetite for War and Killing.’ No doubt they’ve moved him to their Republican Deplatforming division…
Vulnerable red- and purple-state Democrats need some bipartisan cover if they’re going to vote for another massive spending bill. And Biden would prefer to have a unified Democratic Party blaming Republicans for the inability to come to a consensus than to have a divided Democratic Party with one side of the Senate caucus blaming the other side of the Senate caucus for the inability to come to a consensus.
Chuck Schumer is largely bluffing when he says the Senate will pass an infrastructure bill in July, with or without Republicans. Democrats can go down this path, but it’s a risk that at least a handful of their senators don’t want to take, and when the Senate is split 50–50, the Democrats can’t afford to lose anyone. Those with long memories can remember when Democrats were convinced all the legislation they passed in 2009 and 2010 would protect them in the midterms.
Speaking of Democrats in trouble, rising violent crime rates are another thing that might doom them in midterm elections:
A rise in violent crime is endangering slim Democratic congressional majorities more than a year out from the midterm elections and threatening to revive “law and order” as a major campaign issue for Republicans for the first time since the 1990s.
Homicides in cities increased by up to 40% over the previous year, the biggest single-year increase since 1960, a trend that has not abated so far in 2021. Sixty-three of the 66 largest police jurisdictions saw a rise in at least one category of violent crime, ranging from homicide and rape to robbery and assault, according to the Major Cities Chiefs Association. Homicides and shootings have gone up for three straight years in Washington, D.C., and at least a dozen mass shootings were reported nationwide over the weekend.
Democrats’ flirtations with defunding the police — a handful of lawmakers on the Left nearly scuttled a $1.9 billion Capitol security bill in the House — may make them ill-equipped to handle the reemergence of crime as a top issue for voters.
Mirrors are useful. A hooker walking down the street can easily fix their makeup. They can lean on them when they nod out too. In addition, when a heroin addict has no more veins left to inject in their arms, that mirror can help them find one in their neck.
It’s kind of hard to inject a needle in your neck otherwise. Think about it.
You’ll eventually get a sideview mirror ripped off your vehicle sooner or later. It generally happens as they nod out or “dip out” when the drugs kick in. When they slump towards the ground, they generally just take the mirror with them.
You also become way to comfortable with people “dipping out”. It’s the local dance craze around here. As heroin takes effect, it’s almost like they fall asleep on their feet — slowly getting ever so close to the ground. Miraculously, they rarely hit the pavement. Many yoga masters couldn’t duplicate their prowess.
Dippers are everywhere. It’s so common, YouTube has endless clips up and down Kensington Avenue; many have hundreds of thousands of views. A YouTuber named “HoodTime” has over 5 million views on a walk he captured through Kensington March of this year. Many others are following suit.
Just walking through Kensington and filming gets you instant material. There’s always something to see here. It’s sometimes hard to tell if you’re in America or a third-world nation at points. But money hides in trash and addiction.
As Mike Newall explains in his article for the Philadelphia Inquirer, some of the drug corners near where I work pull in over $20 million a year. He also quotes Pennsylvania Attorney General Josh Shapiro as saying Kensington’s drug trade is close to a billion dollar a year enterprise.
(Hat tip: Dwight.) There are ways to decriminalize drugs that don’t give a pass to widespread “quality of life” offenses. merely ceasing to prosecute people for open criminality doesn’t make the problems that open criminality engenders go away.
Even Ezra Klein says that rising crime rates are a threat to Democrats. Gee, I must have missed him expressing such concerns when antifa and #BlackLivesMatter were burning down large swathes of American cities last year…
Far too many Republicans, for far too long, have found themselves distracted and/or enslaved by the elite consensus, restrained by norms and conventions that the liberal elite demands we observe, but that it itself flaunts when those rules limit its options. These Fredocons care what people who care nothing about them think, and they find themselves responding to the outside stimuli of the garbage mainstream media instead of focusing intently on conservative change while disregarding the slings and arrows of the haters. When it comes to fighting the establishment, political Asperger’s is indicative of awesomeness.
And our next generation of Republicans needs to embrace their place on the Spectrum – the more inappropriate the liberal elite finds their reactions to its cues and signals, the better. No more tame, pliable sissies like Mitt (R-ish – Miracle Whip). No more of Nikki! Haley’s sucking up to the establishment while trying to grift the base by leveraging hack conserva-cliché’s from 2005 to present to us as hardcore instead of Jeb! in a dress. No more Kristi!s and Asa!s fronting as all tuff about men pretending to be girls to win races then folding the second the establishment disapproves. Instead, we need GOP politicians who are utterly immune to the siren song of a media and an establishment that seek to draw them in and crash them upon the rocks. Our pols need to ignore MSNBCNN and its hysterical horsehockey. They need to stop reading the NYT and WaPo and being scared that a bad write-up will get them uninvited to all the cool parties. They need to lock onto their target and take it out like an Israeli missile flattens a Hamas/AP frat house.
Look at Ron DeSantis – he just doesn’t care what the bad guys say. Not at all. They scream that he won’t enforce face-diapering, that he’s too hard on election fraud, that’s he’s declared open season on those Antifa/BLM nimrods who trap normal citizens in their cars on public roads, and then DeSantis just goes ahead and does what he wants anyway. And it works – he’s super popular.
For the past four years, there was no greater laughingstock in the American foreign policy cognoscenti than Jared Kushner. A full-on consensus reigned that cast the previous administration’s Middle East policies as hopelessly ignorant and one-sided, a view that went unchallenged in the smart set’s Op-Ed pages. There was no easier laugh to be had, no quicker way to pull a nodding agreement, than to mock the intelligence and good will of the former president’s son-in-law, charged with crafting an American peace plan, and obviously in way over his head.
But the Young Pretender in charge of the Mideast portfolio is gone, and the mommies and daddies are back in charge, their think tanks falling over each other producing glossy full-color booklets promoting policies that would bring to bear the priorities of people who actually understood a thing or two about Israelis, Palestinians, international law, justice, and most importantly, American strategic interests.
And four months into the methodical implementation of all the bright ideas reflecting off those glossy booklets, the situation on the ground in Israel and the Palestinian Territories has taken a dramatic turn for the worst.
Though Kushner is long gone, this latest conflagration has been laid at his feet. His name trended on Twitter for days as hostilities between Israel and Hamas escalated. “They really put Jared Kushner, the slumlord millionaire who couldn’t properly fill out security clearance forms, in charge of Peace in the Middle East. Failure was inevitable,” read one viral tweet. “Kushner’s Absurd Peace Plan Has Failed” blared the headline to Michelle Goldberg’s New York Times column.
This is not just wrong; it’s complete projection. Kushner-era policies—on Jerusalem, UNRWA, and regional diplomacy—were promised again and again to lead to an “explosion,” but didn’t. The return of the experts was supposed to improve lives and prospects for Israelis and Palestinians alike, but hasn’t. In fact, it was the foreign policy intelligentsia’s values and vision that have led to disaster.
Back in March, mere weeks into the new Biden administration, a leaked internal State Department memo outlined the contours of a new direction on American policy toward the Palestinian issue. The document called for renewed diplomatic ties with the Palestinian Authority, restoring aid that had been cut, renewing American contributions to UNRWA, putting pressure on Israel for moves in Jerusalem that would make a new Palestinian Authority election possible, and pursuing a two-state arrangement based roughly on the pre-1967 lines.
These were all priorities of the smart set miffed by a previous administration that was too close to Israel for their tastes. But they were also terrible ideas. Take the renewal of UNRWA funding. UNRWA is the U.N. agency dedicated to perpetuating, rather than solving, the Palestinian refugee problem. By cultivating the myth of a non-existent “right of return” rather than rehabilitating displaced persons and their descendants, UNRWA ensures that a negotiated two-state deal cannot be reached.
Drew Holden takes us on a trip down memory lane of various MSM talking heads declaring that the Wuhan coronavirus lab leak hypothesis was a “conspiracy theory,” including all the usual suspects (New York Times, CNN, etc.).
“Washington, D.C., Attorney General Karl Racine (D) filed an antitrust lawsuit against Amazon Tuesday, alleging that the e-commerce giant has unfairly raised prices and hurt innovation.”
Glenn Greenwald: “A federal appellate court on Thursday invalidated the racial and gender preferences in President Biden’s $1.9 trillion American Rescue Plan Act as unconstitutional. The Cincinnati-based Sixth Circuit of Appeals ruled that provisions of that law, designed to grant preferences to minority-owned small-restaurant owners for COVID relief, violate the 14th Amendment’s guarantee of equal protection under the law.”
“Moms Demand Action [AKA another branch of the Brady Bunch Hydra] member-turned-congresswoman in hot water over bribe.” Allegedly newly-elected Illinois Rep. Marie Newman bribed opponent Lymen Chehade to drop out of the race, then reneged on the cushy congressional job.
Christian teacher suspended after opposing the district’s transgender doctrine. “The teacher, Byron “Tanner” Cross, made the defiant declaration at a Loudon County school board meeting on Tuesday, according to the nonprofit group, Parents Against Critical Race Theory.”
“China Warns Australia’s Military Is “Weak“, Will Be “First Hit” In Any War With Western Alliance.” Knowing Australia, this is far more likely to piss them off than make them cower. Maybe Australia should develop it’s own nuclear arsenal…
The IDF has successfully completed Operation Guardian of the Walls. This is what the 12-day-long operation looked like in numbers: pic.twitter.com/AM2WoqPx4K
If you’d told me 10 years ago that one day Windows would run Linux apps, I’d give you a funny look. But that appears to be happening. “New Windows 10 test build adds first preview of Linux GUI apps on WSL.” That’s “Windows Subsystem for Linux.”
If you wonder why it takes so long to get new guns into production, Ian McCollum has an answer for you: Because designing and manufacturing guns is hard. Mainly because of the extensive trial and error necessary to establish the correct tolerances for each part.
After passing different versions of House Bill (HB) 1927, a bill to allow Texans over the age of 21 who can legally possess a handgun to carry it in public without a government-issued permit, both the Texas House and Senate approved a final version of the legislation that will now be sent to Gov. Greg Abbott’s desk.
Abbott said earlier this year that he would sign the bill, known as “constitutional carry.”
“The House was very proud of the version of the bill that we sent over and the Senate was very proud of the amendments that they added,” Rep. Matt Schaefer (R-Tyler), the bill’s author, told The Texan.
“We felt like some of the protections for law-abiding citizens were diminished in the Senate version, and so we fought to get some of that back.”
After the Senate approved the bill with a number of amendments tailored to concerns voiced by law enforcement, the bill returned to the House where Schaefer decided to send the bill to what is known as a “conference committee.”
In the conference committee, five members from each chamber worked out the differences in the two versions to create a compromise known as the conference committee report.
The ultimate version of HB 1927 contained many of the variations of the amendments that were included in the version passed by the Senate rather than what the House first approved.
After being signed into law, Constitutional Carry will go into effect September 1.
The good news is the extension of protection for our constitutional rights, and may create a whole new cohort of legal gun owners in Texas. The bad news is that this might make it even harder to find ammo…
Here’s some welcome news in the form of a rare 9-0 Supreme Court decision upholding Fourth Amendment rights against warrantless gun seizure:
In a unanimous opinion Monday, the U.S. Supreme Court ruled against police who seized a man’s guns without a warrant while he was in the hospital for a suicide evaluation.
Police cannot justify the warrantless search and seizure based on the “community caretaking” exception to the Fourth Amendment, Justice Clarence Thomas wrote in his opinion for the high court.
The Supreme Court had recognized the exception in a 1973 case, Cady v. Dombrowski, in which police searched the trunk of a car that had been towed after a crash.
The Supreme Court ruled Monday in a challenge by Edward Caniglia, who retrieved an unloaded gun during an argument with his wife, put it on the table and said, “Why don’t you just shoot me and get me out of my misery.”
Caniglia’s wife ended up spending the night at a motel. When she called her husband the next day, the wife was unable to reach him. She called police in Cranston, Rhode Island, for a wellness check.
Caniglia agreed to go to the hospital but only after police allegedly promised that they wouldn’t confiscate his firearms. Police entered Caniglia’s home and took two guns.
The 1st U.S. Circuit Court of Appeals at Boston had ruled against Caniglia, ruling that the community caretaking exception applies to homes and cars. The Supreme Court disagreed.
The 1st Circuit’s community caretaking rule “goes beyond anything this court has recognized,” Thomas wrote. “What is reasonable for vehicles is different from what is reasonable for homes. Cady acknowledged as much.”
The First Circuit’s “community caretaking” rule, how-ever, goes beyond anything this Court has recognized. The decision below assumed that respondents lacked a warrantor consent, and it expressly disclaimed the possibility that they were reacting to a crime. The court also declined to consider whether any recognized exigent circumstances were present because respondents had forfeited the point.
Nor did it find that respondents’ actions were akin to what a private citizen might have had authority to do if petitioner’s wife had approached a neighbor for assistance in-stead of the police. Neither the holding nor logic of Cady justified that approach. True, Cady also involved a warrantless search for a firearm. But the location of that search was an impounded vehicle—not a home—“‘a constitutional difference’” that the opinion repeatedly stressed. 413 U. S., at 439; see also id., at 440–442. In fact, Cady expressly contrasted its treatment of a vehicle already under police control with a search of a car “parked adjacent to the dwelling place of the owner.” Id., at 446–448 (citing Coolidge v. New Hampshire, 403 U. S. 443 (1971)). Cady’s unmistakable distinction between vehicles and homes also places into proper context its reference to “community caretaking.” This quote comes from a portion of the opinion explaining that the “frequency with which . . . vehicle[s] can become disabled or involved in . . . accident[s] on public highways” often requires police to perform noncriminal “community caretaking functions,” such as providing aid to motorists. 413 U. S., at 441. But, this recognition that police officers perform many civic tasks in modern society was just that—a recognition that these tasks exist,and not an open-ended license to perform them anywhere.
* * *
What is reasonable for vehicles is different from what is reasonable for homes. Cady acknowledged as much, and this Court has repeatedly “declined to expand the scope of . . . exceptions to the warrant requirement to permit warrantless entry into the home.” Collins, 584 U. S., at ___ (slip op., at 8). We thus vacate the judgment below and remand for further proceedings consistent with this opinion.
In some ways this was a very narrowly tailored opinion, in that the Second Amendment was not invoked at all, only the Fourth. And indeed, Justice Samuel Alito’s concurring opinion specifically states that “Our decision today does not address those issues” in relation to the constitutionality of red flag laws. However, the decision was a blow for individual rights against warrentless police seizures in the home. Also, by explicitly including guns as property that is equally protected from such warrentless seizures, the Supreme Court has properly supported Second Amendment rights against the state’s overreach.
Now if they could do something about civil asset forfeitures…
I am very far indeed from an expert on ATF regulations, and have never bought an 80% lower (i.e., a partially milled metal blank that can be machined at home to produce the receiver for an AR-15 pattern modern sporting rifle). Youtuber Brandon Herrera digs into new proposed ATF rules and finds a lot of really worrying ambiguous language:
He’s especially concerned that a new, broader definition of “frame or receiver” could now be interpreted to include mundane firearms parts kits.
The Biden Recession blooms, Bibby bombs, Baltimore burns, inscrutable Flu Manchu somehow infects the vaccinated, and Canada’s institutional religious hostility inflicts its revenge on the pastor that defied them. It’s the Friday LinkSwarm!
If inflation wasn’t enough to remind you of Biden’s reboot of That 70’s Show, how about long gas lines? An east coast gas pipeline was shut down by ransomeware attack launched by a hacking group called DarkSide.
Rendered with the magic of dyslexia
We’re actually very fortunate that a for-profit gang carried out this hack, rather than a terrorist group or state actor.
Seeing some reports stating that Israeli ground forces entered Gaza, but seeing some Twitter commentary that, no, they haven’t entered, but that IDF artillery and tanks are pounding Hamas tunnels.
Two weeks ago Turkish forces launched a military assault in the Duhok region of Iraqi Kurdistan. Villagers were forced to ‘flee in terror’ from raining bombs. It was only the latest bombardment of the beleaguered Kurds by Turkey, NATO member and Western ally. It did not trend online. There were no noisy protests in London or New York. The Turks weren’t talked about in woke circles as crazed, bloodthirsty killers. Tweeters didn’t dream out loud about Turks burning in hell. The Onion didn’t do any close-to-the-bone satire about how Turkish soldiers just love killing children. No, the Duhok attack passed pretty much without comment.
But when Israel engages in military action, that’s a different story. Always. Every time. Anti-Israel fury in the West has intensified to an extraordinary degree following an escalation of violence in the Middle East in recent days. Protests were instant and inflammatory. Israeli flags were burned on the streets of London. Social media was awash with condemnation. ‘IDF Soldier Recounts Harrowing, Heroic War Story Of Killing 8-Month-Old Child’, tweeted The Onion, to tens of thousands of likes. Israel must be boycotted, isolated, cast out of the international community, leftists cried. Western politicians, including Keir Starmer, rushed to pass judgement. ‘What’s the difference?’, said a placard at a march in Washington, DC showing the Israeli flag next to the Nazi flag. The Jews are the Nazis now, you see. Ironic, isn’t it?
This is the question anti-Israel campaigners have never been able to answer: why do they treat Israel so differently to every other nation on Earth? Why is it child-killing bloodlust when Israel takes military action but not when Turkey or India do? Why must we rush to the streets to set light to the Israel flag but never the Saudi flag, despite Saudi Arabia’s unconscionable war on Yemen? Why is it only ‘wrong’ or at worst ‘horrific’ when Britain or America drop bombs in the Middle East but Nazism when Israel fires missiles into Gaza? Why do you merely oppose the military action of some states but you hate Israel, viscerally, publicly, loudly?
The judgement and treatment of Israel by a double standard is one of the most disturbing facets of global politics in the 21st century. That double standard has been glaringly evident over the past few days. Israel is now the only country on Earth that is expected to allow itself to be attacked. To sit back and do nothing as its citizens are pelted with rocks or rockets. How else do we explain so many people’s unwillingness to place the current events in any kind of context, including the context of an avowedly anti-Semitic Islamist movement – Hamas – firing hundreds of missiles into civilian areas in Israel? In this context, to rage solely against Israel, to curse its people and burn its flag because it has sent missiles to destroy Hamas’s firing positions in Gaza, is essentially to say: ‘Why won’t Israelis let themselves be killed?’
Last year, Iran’s Supreme Leader Ayatollah Ali Khamenei admitted for the first time that his country was supplying the Palestinian terrorist groups with weapons. “Iran realized Palestinian fighters’ only problem was lack of access to weapons,” Khamenei said in an online speech.
“With divine guidance and assistance, we planned, and the balance of power has been transformed in Palestine, and today the Gaza Strip can stand against the aggression of the Zionist enemy and defeat it.”
Khamenei went on to offer the reason why Iran was sending rockets, missiles and tons of explosives to the Gaza Strip: “The Zionist regime is a deadly, cancerous tumor in the region. It will undoubtedly be uprooted and destroyed.”
Khamenei’s admission shows how the mullahs in Tehran have been lying to the West for many years. In 2011, Mohammad Khazaee, the Permanent Representative of Iran to the United Nations, sent a letter to the President of the United Nations Security Council in which he vehemently denied that Iran was smuggling weapons into the Gaza Strip.
Baltimore was one of the first cities to try “de-policing.” How did that work out for it? Not so hot:
This experiment has been an abject failure. Since 2011, nearly 3,000 Baltimoreans have been murdered—one of every 200 city residents over that period. The annual homicide rate has climbed from 31 per 100,000 residents to 56—ten times the national rate. And 93 percent of the homicide victims of known race over this period were black.
Remarkably, Baltimore is reinforcing its de-policing strategy. State’s Attorney for Baltimore Marilyn Mosby no longer intends to prosecute various “low-level” crimes. Newly elected mayor Brandon Scott promises a five-year plan to cut the police budget. Both justify their policies by asserting that the bloodbath on city streets proves that policing itself “hasn’t worked”; they sell their acceleration of de-policing as a “fresh approach” and “re-imagining” of law enforcement.
The tried “broken windows” policing without understanding it:
The motivation for de-policing traces to the city’s botched response to an earlier crime epidemic in the 1990s, when it averaged 45 homicides per 100,000 population, up 55 percent from the previous decade. So in 1999 Baltimoreans elected a mayor, Martin O’Malley, who promised to apply New York’s successful crime-fighting approach, where homicides had plunged by two-thirds over the decade (to one-ninth Baltimore’s rate) thanks to an expanded police force and innovative, proactive policing strategies.
O’Malley’s first commissioner, NYPD veteran Ed Norris, initially showed promise. By 2002, Baltimore’s homicide rate was 20 percent below its 1999 level. As O’Malley pressed for more, however, relations soured, and Norris departed (and some financial shenanigans eventually earned him a stint in federal prison). His successor, Kevin Clark, another NYPD import, also became embroiled in personal and professional controversy; he was fired and succeeded by a Baltimore PD holdover. By the time O’Malley moved to the Maryland governor’s mansion in 2007, Baltimore’s homicide rate was back to its 1990s average.
The problem was not just turmoil among BPD leadership and meddling (or worse) by O’Malley, but a fatal misunderstanding of what had worked in New York. There, the broad spectrum of criminal activity was addressed efficiently and with community engagement. Detailed data helped guide resources to crime hot spots. Chief William J. Bratton implemented the Broken Windows theory-inspired community-policing methods pioneered by social scientists George Kelling and James Q. Wilson, who understood how small manifestations of disorder could grow to larger ones. Minor offenses that made residents feel unsafe or hinted at acceptance of violence were addressed in order to improve quality of life, strengthen communities, and prevent serious crime.
In Baltimore, however, Broken Windows was misunderstood and misapplied. It mutated into a malignant variant, “zero tolerance” policing—and BPD conduct became not just intolerant but unfocused and excessive. As David Simon, a veteran Baltimore crime reporter and creator of HBO’s The Wire, summed things up, O’Malley “tossed the Fourth Amendment out a window and began using the police department to sweep the corners and rowhouse stoops and [per Norris] ‘lock up damn near everyone.’” That sometimes even included Wire crew members on their way home from a long day of filming.
True Broken Windows policing, in Kelling’s words, creates “a negotiated sense of order in a community” and involves collaboration between cops and residents. As one BPD vet put it, “You go to a community—before we come in, [we should ask], ‘What are the main things you all can’t stand?’ Everybody playing music at 11:30 at night, kids sitting on the corner, the prostitutes using the little park over there to work their trade. Now, ‘What don’t you care about?’ See the old guys sitting down at the corner playing cards every night? They could stay there all they want. . . . Then the police come in and do what the neighborhood wants. You just don’t go out and lock everybody up.” But, he concluded, “we went overboard.”
Then they adjusted:
O’Malley’s successor, Sheila Dixon (the city’s first female and third black mayor), defied her staff’s recommendations and named as commissioner Frederick Bealefeld, a BPD lifer with no college pedigree. “It was something in my gut that felt he was the best person,” Dixon explained. “I could just feel his passion.”
Bealefeld understood community policing better than the New York imports, addressing disorder and crime efficiently. He attended community meetings tirelessly to find out what residents wanted done; got cops out of their cars and walking patrols more often; invested in better training; and supported cops’ work with kids. Partnering with a savvy federal prosecutor, Rod Rosenstein, he targeted known dealers and shooters, emphasizing quality arrests—including of cops on the take. It worked. Even as arrest totals fell (to 70,000 by 2010), so did the homicide rate, to a low of 31 per 100,000 residents by 2011.
And then the Social Justice started:
Dixon had embezzled gift cards meant for the poor—petty corruption is a Baltimore tradition—and in 2010 was succeeded by Stephanie Rawlings-Blake. The Oberlin-educated former public defender was more liberal than Dixon, personally lukewarm to Bealefeld, and sympathetic to those embittered by O’Malley’s “zero tolerance” policies. And she faced budget problems. De-policing, then, seemed to tick all the right boxes—and, with the homicide rate at a 23-year low (though still almost seven times the national average), there would be little outcry against it.
First came some defunding, with a 2 percent pay cut to help address a recession-related budget pinch; cops’ contributions to their pension funds also were raised to help address shortfalls there. The new mayor’s first proposed budget actually cut the BPD’s request by 10 percent, though the difference eventually was split. Demoralized, experienced cops started retiring in numbers.
Rawlings-Blake did not replace them, and she trimmed staffed aggressively. BPD budgets had consistently authorized about 3,900 positions through the O’Malley and Dixon years. Rawlings-Blake took that down by 5 percent in her 2012 budget and another 6 percent in 2013. Bealefeld called the cuts “unconscionable” and retired. As he’d told the head of the police union at one point, “you can only beat down your horses for so long before they give up.”
So even before Freddie Gray died in police custody in 2015 and Baltimoreans rioted, the BPD had 460 fewer budgeted “horses” than under Mayor Dixon—with 300 fewer on patrol, conducting investigations, or targeting violent criminals. Not surprisingly, the homicide rate surged 20 percent by 2013. And after the city’s newly elected prosecutor, Mosby, criminally charged six uniformed officers in Gray’s death—though she failed to convict any—proactive policing essentially ceased. The city’s annual body count jumped and has remained tragically high since.
Speaking of defunding the police, Minneapolis Mayor Jacob Frey admits that defunding the police was a huge mistake. If only the rest of the Minneapolis had realized this before all the deaths.
Just about everything they told us about transmission vectors for Mao Tze Lung was wrong:
Bars, gyms and restaurants. Those were just a few settings health experts warned could become hotbeds for COVID-19 spread as states began reopening in the spring and summer of 2020 following the first and second waves of the coronavirus pandemic in the United States.
Yet, public data analyzed by ABC News appears to tell a different story. The data from states across the country suggests specific outbreak settings (including bars, gyms, restaurants, nail salons, barbershops and stores — for the full list, see graphic below in story) only accounted for a small percentage, if any, of new outbreaks after the pandemic’s inital wave in 2020.
Snip.
Based on ABC News’ analysis of public data of all coronavirus cases in four states and D.C., the outbreak settings accounted for less than 5% of all COVID-19 cases in those states.
“World’s Most Vaccinated Nation Sees Active COVID Cases Double In Under A Week.” Mysterious uptick in the Seychelles.
Dave Hunt represented Clackamas County in the Oregon House of Representatives from 2003 through 2013. Hunt was the former Democratic Leader, Majority Leader, and Speaker of the House for the State of Oregon. As a legislator, Hunt the sponsor of a bill criminalizing sex trafficking in 2007. Hunt is currently a lobbyist working to influence the very chamber he left.
However, even more ironic in 2011, Dave Hunt use his position to support and vote for HB 2714. That bill created the crime of commercial sexual solicitation, the exact crime police used to charge Hunt when he was arrested and cited.
Sort of sounds like a garden variety prostitution solicitation charge. But if he’s one of the legislators to redefine that as “sex trafficking,” my sympathy is extremely limited.
NRA’s bankruptcy petition has been dismissed. Understandably, since it seemed a transparent ploy to begin with. It’s too bad Wayne LaPierre seems intent on dragging the NRA down with him…
Mark Sebu follows up on the Kentucky Ballistics explosion. Evidently it would haven taken 161,520 PI to shear the threads off the Sebu RN 50. Also, there were no pre-cuts on the sabot, suggesting it may indeed have been a counterfeit SLAP round that caused the explosion.
Not the Babylon Bee: O.J. Simpson backs Liz Cheney, accuses the Republican Party of “dishonesty.” I don’t feel I can adequately parody this real-life event, even though I should probably take a stab at it…
Top Gear/Grand Tour presenter James May found out that trickle charging a Tesla S’ main car battery didn’t charge the ordinary car battery, the one responsible for regular electric systems…like unlocking the hood latch to reach the same battery. Result: an hour of work just to reach the dead battery.
Speaking of impractical automotive accoutrements, here’s a Bugatti watch with a “working” W16 engine, yours for a mere $280,000…
Greetings, and welcome to another Friday LinkSwarm! The Biden economy kicks in, China behaves badly (again), and rock stars are fed up with woke. Let’s lead off with this weird photo people have been taking about all week:
How did you make the Carters look like tiny puppets?
Puppet people aside, what better image for the week in which Biden seems to be bringing stagflation back?
If you were wondering when the Trump boom would end and the Biden bust begin, it just did:
U.S. job growth for the month of April fell far below what experts had predicted, as data reported Friday showed an increase of 266,000 jobs, versus an estimate of 1 million — the largest miss relative to expectations since at least 1998.
Economists had suggested a positive outlook for the report, with the White House hoping for a gain of at least 700,000 jobs — making Joe Biden the first president ever to hit 2 million new jobs in his first 100 days. But expectations came crashing back to reality with data showing an overestimation of nearly 800,000 — the worst miss in decades.
The U.S. unemployment rate rose slightly from 6.0 percent to 6.1. March’s payroll gains were also revised downward by nearly 150,000 jobs, from an initial print of 916,000 to 770,000. Labor force participation rate rose slightly, to 61.7 percent.
Huh, irresponsible tax-and-spend policies, rampant inflation and paying people not to work evidently aren’t a recipe for economic success. Who knew?
Speaking of inflation, it looks like it’s back, baby! Rising metal, oil, and ag commodity prices all point to inflation. “Wood prices are at an all-time high at over $1,370 per 1,000 board feet.”
Biden Secretary of Energy Jennifer Granholm owns stock in “Proterra, an electric vehicle company that is being actively promoted by the Biden administration. Further, Granholm being the Secretary of Energy means she gets to make regulations that can directly enrich herself.” (Hat tip: Director Blue.)
Joe Biden said today, “Most people don’t know: you walk into a store and you buy a gun, but you go to a gun show you can buy whatever you want and no background check.”
This isn’t even close to being true. In fact, gun shows are subject to the same rules as apply everywhere else, which are that:
commercial transfers require federal background checks, but that
private transfers only require federal background checks if they are conducted within one of the thirteen states that superintend non-commercial firearms transactions
There are no special rules for gun shows. The same set of laws applies to them as applies to, say, your kitchen table: If you are in the business of selling guns, you are federally obliged to run a check. If you are not, you are not — unless your state requires you to. That’s it. There’s no “loophole” here, and nothing about gun shows that separates them from the broader debate about private sales.
A new poll from ABC and the Washington Post published on Wednesday found a significant drop in support for new gun-control laws, especially among young people.
The number of Americans supporting enacting new gun laws over protecting gun rights fell from 57 percent to 50 percent, a seven-point drop from when the poll was last conducted in 2018. The number of Americans favoring gun rights jumped from 34 to 43 percent, a nine-point jump. The difference between the two positions narrowed by 16 points overall.
The sharpest decline in support for new gun-control measures came among 18 to 29-year-olds and Hispanics. Both groups saw a 20 percent drop. Rural Americans and strong conservatives saw a 17-point drop.
Worker shortage is so acute that a Tampa MacDonald’s is paying people $50 just to interview for a job. “Some 17 million Americans remain on jobless benefits. Perhaps many of these people want jobs but are getting paid more to sit on the couch.”
How Michael Dell used several financial maneuvers to turn $3.6 billion into more than $50 billion.
The Who’s frontman Roger Daltry says that the woke are ruining the world. “It’s terrifying, the miserable world they’re going to create for themselves. I mean, anyone who’s lived a life and you see what they’re doing, you just know that it’s a route to nowhere.”
And Daltry wasn’t the only rock star calling BS on the woke. Also taking aim: punk rock icon John Lydon:
Johnny Rotten blames ‘wokeness’ for US ‘collapse’
Sex Pistols’ frontman Johnny Lydon had some rotten things to say about “wokeness.”
In a recent profile with the Times UK, the aging punk rocker decried “cancel culture” and the activists who campaigned to tear down national monuments which they say promote historical racism. The statues include that of Winston Churchill, one of the UK’s most revered prime ministers.
He also blamed academia as well as the media for giving “the space” to “tempestuous spoilt children.”…
Addressing calls to tear down Churchill’s statue in London, Lydon dismissed criticism that the wartime prime minister was racist. However, critics point out that the leader once referred to Indians as “the beastliest people in the world next to Germans,” and thought that black people are “[not] as capable or as efficient as white people.”
“This man saved Britain,” Lydon asserted. “Whatever he got up to in South Africa or India beforehand is utterly irrelevant to the major issue in hand.”
If there are any bigger haters in history than today’s cancel culture, Lydon conceded, it’s the Nazis — and Churchill took care of that.
Florida “whistleblower” Rebekah Jones is a big fat liar. “NPR describes Jones as a ‘top scientist’ leading Florida’s pandemic response. In fact, Jones has held three jobs in her field; all three have ended in her being terminated and criminally charged.”
Just when I thought that America couldn’t possibly get any softer, people start suggesting that there’s a role for the police in preventing knife murders. The snowflake generation strikes once again.
Is there any tradition that the radicals won’t ruin? As the brilliant Bree Newsome pointed out on Twitter, “Teenagers have been having fights including fights involving knives for eons.” And now people are calling the cops on them? I ask: Is this a self-governing country or not? When Newsome says, “We do not need police to address these situations by showing up to the scene & using a weapon,” she may be expressing a view that is unfashionable these days. But she’s right.
Disappointingly, my colleague Phil Klein has felt compelled to join the critics. In a post published yesterday, Phil asked in a sarcastic tone whether the police should “somehow treat teenage knife fights as they would harmless roughhousing and simply ignore it.” My answer to this is: Yes, that’s exactly what they should do — yes, even if they are explicitly called to the scene. I don’t know where Phil grew up, but where I spent my childhood, Fridays were idyllic: We’d play some football, try a little Super Mario Bros, have a quick knife fight, and then fire up some frozen pizza before bed. And now law enforcement is getting involved? This is political correctness gone mad.
It’s hypocrisy, too. Who among us hasn’t come within a second or two of murdering someone else with a steak knife? My best friend in school, Bobby “The Blade” Simpson, used to throw shivs at the smaller kids in the music room. Did we need the authorities to step in when that happened? No, we did not. As MSNBC’s Joy Reid argued smartly on her show last night, pranks such as these were dealt with by our teachers — just as we all expected they would be. And if something went wrong? Well, that’s why we had substitutes.
In all honesty, I worry that this sort of helicopter policing is making us weak. Back in my day, the people who survived a good stabbing came out stronger for it. I learned a lot of lessons from my time in the ring: self-reliance, how to overcome fear, the importance of agility, the basics of military field dressing. And, given the turnover, I also learned how to make new friends.
Sad news (and possibly foul play). “University of Texas linebacker Jake Ehlinger, the younger brother of former Longhorns quarterback Sam Ehlinger, was found dead Thursday.”
