Posts Tagged ‘Commerce Clause’

LinkSwarm For July 12, 2024

Friday, July 12th, 2024

Slow Joe continues sliding down the slope of senility, Democrats continue freaking out over same, the media continues to be shocked that the media hid Biden’s decline, Democrats gear up to commit more voting fraud in November, tractors join the culture wars, Skydance eats Paramount, and postal rates are going up again. It’s the Friday LinkSwarm!

  • Biden’s “Big Boy” speech comes up small.

    President Joe Biden struck a defiant tone during what was perhaps the most consequential press conference of his political career, insisting that he is the best candidate to take on Donald Trump in November, even as he stumbled through several answers.

    Biden read prepared remarks off a teleprompter and answered questions from a pre-selected list of reporters Thursday night at NATO’s 75th anniversary summit, addressing a range of subjects including the history of NATO, Russia’s war against Ukraine, inflation, and Israel’s war against Hamas. The embattled president showed signs of his age throughout the event, as he coughed, whispered, stumbled over his words, and at time lost his stream of thought, at one point even referring to Vice President Kamala Harris as “Vice President Trump.”

    “Look, I wouldn’t have picked Vice President Trump to be vice president did I think she was not qualified to be vice president,” Biden said, defending his choice of Harris as his running mate. At the end of the press conference, Biden told reporters to “listen to him,” in response to a question about the gaffe.

    People are listening to him. That’s his problem.

  • Parkinson’s Specialist Met With White House At Least 9 Times Since July 2023.”

    Parkinson’s disease specialist from Walter Reed Medical Center visited the White House at least nine times in the past year, according to journalist Alex Berenson of Unreported Truths, while the NY Post has reported that a cardiologist was present during one of the visits.

    Dr. Kevin R Cannard traveled to the White House’s medical clinic each time, meeting with either President Joe Biden’s personal physician Dr. Kevin O’Connor, or a naval nurse who coordinates care for the president and other senior officials. O’Connor notably gave Biden a clean bill of health after his February annual physical.

    The visits spanned July 28, 2023 with the latest being March 28 of this year. That said, Berenson notes that the most recent logs are from April 1, so it’s unknown if Cannard has visited more recently.

    The question isn’t whether Joe Biden is suffering from cognitive declines, the questions is how many kinds of cognitive decline is Joe Biden suffering from?

  • “Biden’s Cognitive Collapse: Greatest Media Scandal We’ve Ever Seen. With Russia collusion, they were inventing things we couldn’t see and trying to convince us that they happened. With the Biden cognitive failures, they were trying to convince us that something we all saw didn’t happen and wasn’t happening.”

    You saw the debate and the interview.

    Joe is not well. He should not be president, it’s a national security risk. This is what the 25th Amendment is made for.

    There have been many media scandals. Rathergate comes to mind. But most immediately, Russia collusion was the most aggressive and sustained media misinformation campaign lasting years. It operated on the level of using bits and pieces of information and disinformation to try to convince us that something we could not see (collusion) did in fact happen.

    The media conduct towards Biden’s cognitive decline operated on a different level.

    We saw it. We wrote about it. But for years, at least since the 2020 election cycle, the media did its best to convince you that you didn’t see what you saw. The media didn’t try to convince you that something that didn’t exist existed, it tried to convince you that something that existed didn’t exist.

    It was a classic case of gaslighting.

  • Democrats are Putin.

    If we accept the actions and outcomes that are visible from Democrats right now, their definition of “democracy” is apparently to dismiss the will of tens-of-millions of Democrat party voters, and instead install a candidate the DC insiders select.

    Democrats and even Biden administration officials are being very open about their intent. They are dismissing Joe Biden and debating the installation of their chosen alternative; all while trying to jail their political opponent.

    Can democrats see their version of “democracy” is identical to horrible Vladimir Putin?…

    Additionally, having just returned from an extended visit to Russia, where I literally spent exhaustive time researching how the government views their role within the social compact – and its consequence upon the average population, the “we know better” outlook currently on display by Democrat influence operations in DC is stunningly similar.

    Democrats are defending “The Motherland,” where “mother” is their retention of omnipotent power. Yes, Democrats are Putin.

  • “Biden Officials Gave Radio Stations Questions They Could Ask Biden During Interviews; They Complied.” Of course they did. (Hat tip: Ace of Spades HQ.)
  • Evidently donors aren’t interested backing a senile loser, as Biden campaign contributions have fallen off dramatically. “Contributions from large donors alone could be down by more than half this month and are lower across the spectrum, according to NBC News. ‘It’s already disastrous,’ a source close to the re-election effort told the outlet about the state of fundraising for the Biden campaign. ‘The money has absolutely shut off,’ another person close to the campaign said.” Now we get to see if Democrats will follow the will of actual voters who cast their ballots for Biden, or a donor class insisting he be kicked to the curb.
  • Democrats oppose a bill requiring American citizenship to vote. because of course they do. Getting illegal alien ballots in the system is one of the fraud vectors they need to stay in power. It’s amazing Republicans even need to specify that in a law.
  • Speaking of Democrats enabling fraud, DOJ confirms that it’s going to try to help Biden cheat in the Georgia elections again.
  • Ditto Michigan, where Democratic governor Gretchen Whitmer signing bills eliminating the board of canvasser’s investigative powers, instead requiring the board to refer allegations of fraud to county prosecutors. So they can make sure Soros-backed prosecutors can bury any fraud.
  • This is potentially huge: “Court Holds Federal Ban on Home-Distilling Exceeds Congress’ Enumerated Powers.”

    Yesterday, in Hobby Distillers Association v. Alcohol and Tobacco Tax and Trade Bureau, a federal district court in Texas held that federal laws banning distilled spirits plants (aka “stills”) in homes or dwellings exceed the scope of Congress’ enumerated powers. Specifically, the court concluded that the prohibitions exceed the scope of the federal taxing power and the Interstate Commerce Clause, even as supplemented by the Necessary and Proper Clause. The court further entered a permanent injunction barring enforcement of these provisions against those plaintiffs found to have standing (one individual and members of the Hobby Distillers Association.) The plaintiffs were represented by attorneys at the Competitive Enterprise Institute, and background on the case (and the various filings) can be found on CEI’s website here.

    Hobby Distillers Association has the potential to be a significant post-NFIB challenge to the expansive of use of federal power.

    All sorts of federal regulatory shenanigans that depend on the Commerce Clause may be headed for the scrapheap of history… (Hat tip: Instapundit.)

  • Ukraine blows up a huge ammo dump in Voronezh, Russia.
  • They also hit oil depots in Pavlovskaya and Leningradskaya, Krasnodar, Russia.
  • Plus they hit a smaller oil depot in Kalach-na-Donu.
  • “How disinformation from a Russian AI spam farm ended up on top of Google search results. A fake article about Volodymyr Zelensky’s wife buying a Bugatti with US aid was promoted by bots.” (Hat tip: Stephen Green at Instapundit.)
  • Iranian warship sinks in port. That’s some mighty fine sailing there, Lu’ay…
  • Armed bystander stops a 4th of July mass shooter who killed three, including two kids.
  • Annals of evil: Porsche executive convicted for of throwing her newborn daughter out of a window to further her career. “Katarina Jovanovic, a Porsche executive in Germany, chose her career over family by throwing her newborn daughter out a 12-foot window to her death, and is now headed to jail for seven and a half years.” I wonder if German women’s prisons have shankings…
  • “Cruz Launches Investigation into Whether Big Tech is Funding Biden Administration Staff Salaries.”

    Sen. Ted Cruz (R-TX) has launched an investigation into whether the Biden administration used the “obscure Intergovernmental Personnel Act program” to fund the salaries of Big Tech employees as part of an executive order.

    “To complete every action, agencies would have had to . . . bring on AI fellows by recruiting temporary — but influential — AI staff from external organizations through the Intergovernmental Personnel Act (IPA) program. Critics, however, have raised reasonable concerns that these influential AI fellows are shaping federal policy to benefit their organizations’ funders and not the American people,” explained Cruz.

    “Moreover, as federal agencies request increased funding for AI hiring, it is important Congress understand the extent to which, and how, agencies have already acquired AI staff in response to the expansive and demanding AI Executive Order.”

    In October 2023, Biden issued an executive order to establish “new standards for AI safety and security.” The order also aims to address “best practices” for authenticating content and calls on Congress to pass “bipartisan data privacy legislation.”

    Six months after the issuance, the White House stated they had completed all the actions in the order.

    In Cruz’s investigation announcement, he casts doubt on whether hiring “only 150 people into AI roles” was enough to be able to complete the required work. Cruz also highlighted a number of reported incidents where, through the Intergovernmental Personnel Act (IPA) program, Big Tech CEOs funded salaries of employees working in government agencies.

    “In effect, large AI technology companies are influencing the Biden administration’s AI policy from the inside and advancing their own anti-competitive agenda to shape the future of the AI industry,” Cruz said.

  • “Musk Announces X To Sue ‘Perpetrators And Collaborators’ Behind Advertising Censorship Cartel.”

    Elon Musk announced on Thursday that social media platform X will sue ‘perpetrators and collaborators’ who have colluded to control online speech, as revealed on Wednesday by an interim staff report released by the House Judiciary Committee.

    “Having seen the evidence unearthed today by Congress, 𝕏 has no choice but to file suit against the perpetrators and collaborators in the advertising boycott racket,” Musk wrote on his platform, adding “Hopefully, some states will consider criminal prosecution.”

    The House report details a coordinated effort by the World Federation of Advertisers (WFA) and its Global Alliance for Responsible Media (GARM) initiative to demonetize and suppress disfavored content across the internet.

    As we noted on Wednesday, the WFA is a global association representing over 150 of the world’s biggest brands and over 60 national advertiser associations which created GARM in 2019.

    This alliance quickly amassed significant market power, representing roughly 90% of global advertising spend, which amounts to nearly one trillion dollars annually.

    GARM’s Steer Team reads like a who’s who of corporate America, including heavyweights such as Unilever, Mars, Diageo, Procter & Gamble (P&G), GroupM, AB InBev, L’Oréal, Nestlé, IBM, Mastercard, and PepsiCo. These corporations not only wield immense economic influence but are now revealed to be leveraging this power to control online discourse under the guise of “brand safety.”

  • “In New York City, hotels that have converted into shelters for hordes of illegal aliens have been given over $1 billion in taxpayer money to keep them in business. As reported by Fox News, the average hotel room for an illegal costs $156 per night, with some costing over $300 per night. As such, the city government has already spent at least $1.98 billion on housing for illegals, with 80% of that amount going to hotels or inns that have been converted into shelters, rather than to shelters operated by the city. Overall, the city has spent at least $4.88 billion on the mass migration crisis.” (Hat tip: The Other McCain.)
  • Another loss for Biden’s tranny school mandate. “Carroll Independent School District (ISD) won a preliminary injunction against enforcement of the revised Title IX regulations issued by the Biden administration in April. The rules were set to go into effect on August 1. Federal Judge Reed O’Connor of the Northern District of Texas issued the preliminary injunction on Thursday, July 11, the same day the Amarillo federal court issued an injunction in the case brought by the State of Texas regarding Title IX.”
  • Add Wendy’s and Jersey Mike’s as chain restaurants slashing staff and hours over California’s minimum wage hike.
  • Is TEMU’s shopping app spyware? (Hat tip: Texas Public Policy Foundation.)
  • Good news on the tractor front: Tractor Supply is reversing all its woke policies due to a customer backlash. Including eliminating all DEI programs and targets.
  • Bad news on the tractor front: John Deere is going full woke, with DEI idiocy out the wazoo and pushing tranny ideology on children. Plus they’re closing an American plant to move the jobs to Mexico.
  • USPS rates are going up again July 14. Media mail is going up by 50¢, and Forever Stamps are going from 68¢ to 73¢. Thanks, Joe Biden…
  • Skydance is buying Paramount. Does this mean less wokeness in franchises like Star Trek? Since Skydance CEO David Ellison (son of Larry) gave Joe Biden’s campaign $1 million, I rather doubt it.
  • Chicken Soup for the Soul, the company that owned Redbox and Crackle, is shutting down. (Hat tip: Dwight.)
  • It’s not just U.S. companies that have problems with unions: Samsung’s is threatening a general strike in their high speed memory fab at Pyeongtaek. Any machine that goes down on a fab line needs to re-qualified, which is a gigantic, time-consuming pain in the ass. A car factory can resume production in last than a day, but fab can take several weeks to months to get production.
  • Now bankrupt EV maker Fisker required a subscription and an Internet connection to use the sunroof.
  • Return of the zombie mortgage. People who thought their second mortgages were written off after the 2008 crisis but didn’t get it in writing are now suffering a rude awakening.
  • Dwight celebrates the 45th Anniversary of Disco Demolition Night.
  • “Democrats Warn Of Terrifying Fascist State Where Government Shrinks And People Can Afford Groceries.”
  • “In New ‘Ocean’s 14’, George Clooney Pulls Off $30 Million Heist By Tricking People Into Giving Money To Politician Before Revealing He’s Demented.”
  • “People Who Would Never Cheat In Elections Horrified By ‘Stop Cheating In Elections’ Bill.”
  • “Media Who Refused To Report On Biden’s Decline Furious That Nobody Reported On Biden’s Decline.” At this point Babylon Bee just seems to be straight up reporting…
  • Happiness is a stuffed crocodile:

    (Hat tip: Ace of Spades HQ.)

  • Still between jobs, so hit the tip jar if you’re so inclined.





    “Ghost Gun” Ban Headed To Supreme Court

    Monday, April 22nd, 2024

    Another ill-conceived bit of DOJ gun regulation is now headed to the Supreme Court.

    After the U.S. Department of Justice (DOJ) promulgated a rule to regulate home-built firearm kits, or what the Biden administration calls “ghost guns,” two Texas residents filed a lawsuit challenging the legality of the rule that will now be heard by the Supreme Court of the United States (SCOTUS).

    The Biden Administration and other gun-grabbing Democrats call them “ghost guns” because they are literally, by law, not guns. They’re unfinished 80% receiver kits, or build kids that you must finish at home on a milling machine, 3D printer, etc. American citizens building their own guns without the approval of the federal government (which has only occurred since, oh, about 1873) promises to thwart their plans of complete civilian disarmament, hence “ghost gun” regulations.

    Represented by the Firearms Policy Coalition (FPC), the lawsuit from plaintiffs Jennifer VanDerStok and Michael Andren contends the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) exceeded the boundaries of federal law by implementing the new rules, which treat unfinished firearm kits as finished firearms and requires all firearms to possess a serial number.

    The DOJ argued it simply wants to make sure the unfinished parts kits are treated like any other firearm and says implementation of the rule will not prevent anyone who is lawfully allowed to possess a gun from obtaining one. Those wanting to buy one would need to undergo the regular process to purchase any firearm, which includes a background check.

    The plaintiffs disagree, writing in their SCOTUS brief that they believe the federal government’s goal in implementing the rule isn’t to simply regulate the firearm kit industry, but to get rid of it.

    “The expected result of ATF’s Rule was not simply to regulate this industry but to destroy it,” the FPC wrote, pointing to a communication from the ATF to the FBI regarding the rule’s effect.

    “The ATF informed the FBI that the Rule should not be expected to significantly impact the background check system because “many parts kit manufacturers and dealers will go out of business,” the brief continued.

    Both a federal judge in North Texas and subsequently the U.S. 5th Circuit Court of Appeals sided with the plaintiffs in challenging the rule, prompting the DOJ to file an appeal with SCOTUS.

    On Monday, SCOTUS granted a review of the case for its fall term, setting up a final legal showdown between the gun rights groups and the federal government on the issue.

    In previous Supreme Court cases on the legality of various firearms sale and registration acts, the Commerce Clause of the United States Constitution has typically done a lot of heavy lifting. However, someone producing a gun in their own workshop for personal use and not to sell in another state, would not seem to fall under the purvey of federal regulation were it not for the radical expansion of federal power to stick it’s nose into every possible affair of private citizens afford by such post-New Deal decisions as Wickard vs. Filburn.

    Maybe the Supreme Court will finally use this opportunity to reign in the federal government’s unlegislated regulatory powers based on vague, unenumerated Commerce Clause rationales.

    TPPF Sues Over Wilco Cave Spider

    Monday, December 21st, 2015

    Here’s something on the surface that seems like a small local story, but it’s one that could potentially have huge national implications.

    The Texas Public Policy Foundation (TPPF)’s Center for the American Future representing Williamson County resident John Yearwood and Williamson County, Texas today filed suit to intervene into the pending lawsuit seeking delisting of the Bone-Cave Harvestman from the Endangered Species Act. Mr. Yearwood and Williamson County, Texas challenge the authority of the federal government to use the Interstate Commerce Clause to regulate non-commercial interactions with the Bone Cave Harvestman arachnid, which only exists in two central Texas counties, is not bought nor traded in interstate commerce, and does not otherwise affect interstate commerce.

    “This lawsuit centers around respect for the rule of law and recognition that the Constitution establishes our federal government as having limited, enumerated powers,” said Robert Henneke, director of the Center for the American Future at the Texas Public Policy Foundation. “Congress has the power to regulate commerce among the states, i.e. Interstate commerce. Congress’ Commerce power through the Endangered Species Act should not, therefore, extend to regulate the Bone-Cave Harvestman species – an intrastate cave-arachnid existing only in caves in Central Texas without any commercial value. For there to be rule of law, there must be limits to government power.”

    The Interstate Commerce Clause is the camel’s nose by which the federal government has stuck its vast regulatory powers into just about every crevice of the body politic. Because the Williamson cave spider case clearly has no impact on interstate commerce, there’s the potential for the case to unravel a whole host of intrusive New Deal-era commerce clause rulings, of which Wickard vs. Filburn is probably the most egregious.

    There’s no guarantee the case will get to the Supreme Court, but if it does…