Posts Tagged ‘Fifth Circuit Court of Appeals’

5th Circuit Green Lights Voter Integrity

Wednesday, October 16th, 2024

Good news! The 5th Circuit Court of Appeals has given Texas the green light to actually enforce voter integrity laws.

The U.S. 5th Circuit Court of Appeals has granted the State of Texas’ request to pause a district court’s injunction against a 2021 Texas election law, citing the Supreme Court’s guidance against altering election laws close to an election.

The order notes that the “law has been on the books for over three years, but the court did not see fit to enjoin until now.”

In 2021, Abbott signed into law Senate Bill (SB) 1, which added provisions designed to prevent voter fraud by creating additional criminal statutes, prohibiting unsolicited mail-in ballot applications, and setting more ground rules for early voting and voter registration.

The law creates an offense for “vote harvesting services” and specifically bans “in-person interaction with one or more voters, in the physical presence of an official ballot, a ballot voted by mail, or an application for ballot by mail, intended to deliver votes for a specific candidate or measure.”

The “Election Protection and Integrity Act” was a centerpiece of Texas GOP legislation and received significant pushback from Democratic lawmakers at the time it passed, sparking a quorum bust as many members of the Democratic caucus fled to Washington D.C. The U.S. Department of Justice even went as far as filing a lawsuit to challenge two provisions of the law.

Six progressive organizations sued the state over the election integrity laws, with a federal judge issuing a ruling last month that declared the law unconstitutional and enjoined state officials from enforcing it.

Funny how Democrat-appointed judges always seem to want to let Democrats cheat. We covered the stay here.

La Union Del Pueblo Entero (LUPE) was the lead plaintiff, along with the League of Women Voters of Texas, the Texas American Federation of Teachers, the Texas Alliance for Retired Americans, the League of United Latin American Citizens (LULAC), and OCA-Greater Houston.

All of these, including the teacher’s union, are merely appendages of the social justice-infected Democratic Party.

Attorney General Ken Paxton, who has launched voter integrity investigations into a number of Texas counties, promised to appeal the ruling to the 5th Circuit Court.

Days later, the 5th Circuit issued a temporary stay of the federal judge’s ruling.

Circuit Court Judge James Ho, who authored the court’s decision, explained, “The district court issued this injunction after counties have already started to mail absentee ballots.”

“So Texans are about to cast ballots not subject to voter privacy protections currently on the books but rather subject to the injunction issued by the district court.”

Judge Irma Carrillo Ramirez, in the concurring judgment, wrote, “Because of the proximity of the injunction’s issuance to the upcoming election, issuance of a stay is consistent with both Supreme Court and this court’s precedent.”

Democrats have previously used politiqueras all across south Texas to wheedle, cajole, steal, and fake votes for Democrats. This ruling should prevent at least this one avenue of Democratic Party voting fraud for this election.

LinkSwarm For September 27, 2024

Friday, September 27th, 2024

Democrats refuse to let rapists be deported, the apple doesn’t fall far from the Democratic assassin’s tree, Israel decapitates Hamas, more illegal alien voting schemes exposed, the boom falls on Eric Adams, Goines goes down, another Russian ammo dump goes boom, a commie sub sinks, Raptor 1 Cylon 0, and 50 Cent throws down some Diddy dirt for your amusement.

It’s the Friday LinkSwarm!

  • Man, Democrats sure love illegal alien rapists. “158 Democrats voted against a bill that would ensure ‘aliens who have been convicted of or who have committed sex offenses or domestic violence are inadmissible and deportable.’ The Violence Against Women by Illegal Aliens Act (H.R.7909) bill was introduced by Republican Representative Nancy Mace.”
  • No, they really, really do. “ICE Detains Illegal Migrant Accused Of Raping Pre-Teen In Nantucket…More Than A Month After He Walked On Bail.” “After being charged with one count of rape of a child with a 10-year age difference and two counts of indecent assault and battery on a child under 14, [Bryan Daniel Aldana-Arevalo] was allowed to ‘walk free on bail’ and immigration authorities were never called, according to a report from the New York Post.”
  • “Ryan Wesley Routh Wrote of ‘Failed’ Assassination Attempt in Letter to ‘World’ Months Ago; Offered $150,000 Bounty to ‘Complete the Job.’” Plus a refresher to the would-be assassin the media already seems to be trying to memory hole: “While Trump was golfing at his International Golf Club in West Palm Beach, Florida on September 15, a Secret Service agent spotted a rifle barrel with a scope sticking out of the fence and ‘engaged’ with the person, who was later identified as Routh, a Biden-Harris supporter and Democrat donor with an extensive criminal background.”
  • “Son of would-be Trump assassin arrested for child porn.” “Investigators say they discovered ‘hundreds’ of files with child pornography during a search of Oran Routh’s residence in Guilford County, North Carolina, on Saturday conducted ‘in connection with an investigation unrelated to child exploitation.’ The two charges he faces include receipt of child pornography and possession of child pornography.”
  • Former Border Official Accuses Biden-Harris Administration of Covering up Border Crisis. Retired San Diego Sector Chief Agent Aaron Heitke says the administration provided two flights a week to take illegal aliens from San Diego to Texas.”
  • The Biden Magic continues. “US Manufacturing PMI Plunges To 15-Month Lows; Prices Are Soaring Again.”
  • No wonder “Consumer Confidence Plunges Most In 3 Years As Labor Market Weakens Significantly.”
  • “How bloodthirsty Venezuelan gang Tren de Aragua used NYC migrant shelters to build a criminal empire: ‘Hiding in plain sight.’”

    In little more than a year, a once-obscure South American street gang has taken hold in the Big Apple, exploiting the migrant crisis to build a violent criminal enterprise from within the walls of city shelters.

    Tren de Aragua, a Venezuela-bred crew of thugs, now terrorize Gotham with gun-toting, moped-riding hoods, sell illegal guns under the very noses of private shelter security guards, and run sleazy prostitution rings in neighborhoods suddenly besieged by the marauding migrants.

    The gang, which also peddles a lethal fentanyl mix called Tussi or “pink cocaine,” has grown so fast that it has so far overwhelmed both average New Yorkers and the city’s elite police force.

    Given how many FBI arrests have been sprung on NYPD brass over the last few months, I’m not sure how well that “elite” appellation still applies.

    “Not every migrant is here to commit crimes, not every migrant is a gang member,” said NYPD Chief of Detectives Joseph Kenny. “But these TDA guys hide very well in plain sight in the migrant community.

    “We aren’t looking to grab the food delivery guy, but these guys go so far as to wear Uber Eats clothing, [use] the delivery bags while they’re out there committing their crimes,” the chief told The Post. “When we do arrest them, they are very eager to talk about the crime they have committed.

    “They are unwilling to talk about TDA itself.”

    The gang, whose name means “train from Aragua” (a state in north-central Venezuela) in Spanish, now runs citywide theft and robbery crews that have terrorized neighborhoods.

    In Jackson Heights, a stretch of Roosevelt Avenue dubbed the “Market of Sweethearts” has become a testament to TDA’s muscle and influence, with vendors peddling stolen items and an open-air red light district that has migrant hookers walking the streets day and night.

    Plus a feud between Tren de Aragua and rival illegal alien gang El Carro De Lost Caragijos 666, as well as a guide to gang tattoos. (Hat tip: TPPF.)

  • “Harris Honeymoon Fizzles Out As Trump Leads In Sun Belt Battlegrounds.”

    Former President Donald Trump has gained ground and is leading Vice President Kamala Harris in key Sun Belt states, according to a New York Times/Siena poll from Monday.

    Trump gained in Arizona and is now leading Harris by five points with the two candidates polling at 50% and 45% among likely voters respectively, according to the poll. At the same time, Trump has also held onto his lead over Harris in Georgia by four points and in North Carolina by two points. (RELATED: Experts Say Major Swing State Is Once Again ‘Pivotal’ To Trump’s Chances Of Retaking White House)

    While the Republican candidate is leading, a significant portion of likely voters across all three states are independents, according to the poll. On average, 31% of likely voters in the Sun Belt consider themselves Democrats, 33% identify as Republicans and 31% say they are independents.

  • But Democrats have a plan to steal the election in Arizona.

    The Heritage Foundation’s Oversight Project and the guerilla journalists at Muckraker have teamed up to unearth a little scheme down in Arizona — registering illegal aliens to vote. And shocker, I wonder which political party those new “voters” might be supporting? I’ll give you one guess, and I bet you’ll get it right.

    The illegals Muckraker interviewed said they were registered to vote at grocery stores, while others reported activists visiting their apartment complex and encouraging them to register to vote. Why does this matter? In 2020, fewer than 11,000 votes tipped Arizona’s electoral votes to Biden.

    Fast forward to today, and recent polling shows former President Donald Trump holding a narrow lead over Vice President Kamala Harris in Arizona, a critical swing state. With the race shaping up to be just as tight in 2024, the integrity of voter registration efforts takes on even greater significance — as does the lack of concern from the left.

    It gets worse. The Oversight Project tried to track these individuals on the voter rolls but came up empty-handed — they were nowhere to be found.

    This development comes just days after the Arizona Supreme Court unanimously ruled that nearly 98,000 people with unverified citizenship documents are still eligible to vote in state and local elections.

    (Hat tip: Stephen Green at Instapundit.)

  • Trump-Hating Colorado Secretary Of State Loses Another Election Integrity Battle.”

    Jena Griswold, Colorado’s rabidly leftist Secretary of State who will forever be known for her anti-democratic drive to knock former President Donald Trump off the ballot, has suffered another election law loss in federal court.

    The U.S. District Court for the Colorado District last week issued an order demanding the Democrat secretary of state release Electronic Registration Information Center (ERIC) reports suspected of containing dead registrants on the state’s voter rolls. The reports, according to a settlement, include individuals who may have died within the past three years.

    It’s another significant election integrity victory for the Public Interest Legal Foundation (PILF), and another stunning loss for election transparency-stifling Griswold and ERIC.

    “PILF has knocked down ERIC’s wall of secrecy in the voter list maintenance process,” J. Christian Adams, president of the election integrity watchdog organization, said in a press release. “States cannot use third parties to hide election records that the public has a right to see.”

    Griswold ultimately signed the stipulation after the court denied her original request to dismiss the case. Judge Philip Brimmer ordered the secretary of state’s office to disclose the requested 2021 ERIC Reports by Nov. 1. Brimmer did allow minimal redactions to the ERIC Report Key. With the agreement reached, the judge dismissed PILF’s claim that Griswold violated the National Voter Registration Act (NVRA) of 1993.

  • More on what’s actually going on in Springfield, OH. Including names and amounts for the NGOs involved. (Hat tip: BattleSwarm reader Malthus.)
  • The long awaited indictments of New York City Democratic Mayor Eric Adams finally comes down.

    New York City mayor Eric Adams engaged in a nearly decade-long conspiracy that included accepting bribes and illegal campaign contributions from foreign sources to benefit his political career, according to the federal indictment unsealed Thursday morning.

    Adams is accused of accepting free airline flights and staying in luxurious hotels on behalf of Turkish business and government officials who sought to influence him.

    He sought foreign money in part to benefit his 2021 mayoral campaign, according to the indictment. But some of the criminal conduct Adams is accused of dates as far back as 2015 when he was the Brooklyn borough president.

    Adams had been charged with five counts: conspiracy to commit wire fraud, federal program bribery, and to receive campaign contributions by foreign nationals; wire fraud; solicitation of a contribution by a foreign national in two instances; and bribery.

    He is the first sitting New York mayor to face criminal charges.

    The 57-page indictment accuses Adams of funneling illegal foreign money through U.S.-based straw donors, including at least two New York construction companies, to reap over $10 million in public-matching funds based on false certifications that his campaign complied with finance regulations. The funds provide “eligible candidates with public funds to match small-dollar contributions from New York City residents,” the charging document says.

    Adams also received free or discounted travel benefits on Turkey’s national airline from a Turkish official, who facilitated the funneling of the straw donations to Adams. These overseas trips included flights from New York to Turkey, India, France, Sri Lanka, China and Hungary from 2015 to 2019. These trips are valued at more than $100,000.

    Other luxurious benefits included “free rooms at opulent hotels, free meals at high-end restaurants, and free luxurious entertainment while in Turkey,” the indictment states.

    In January 2022, when Adams was inaugurated as mayor, Adams agreed to accept foreign contributions intended for his 2025 campaign while meeting with a Turkish entrepreneur whom the indictment dubs the “Promoter.”

    The Turkish government sought influence over Adams, in part, to get his help to open a new consulate building in the city before the country’s president visited in 2021, prosecutors say. The 36-story skyscraper would have failed a fire inspection at the time.

    Prosecutors say Turkish officials cashed in on their influence with Adams and he pressured the fire officials to open the building, which they did because they “were convinced that they would lose their jobs if they didn’t back down.”

    The question, of course, is how the boom fell on Adams, but Bill de Blasio’s wife “mishandled” hundreds of millions in homeless funds and never received an investigation…

  • “Ukraine Destroys ANOTHER Ammo Dump! In Kammenyi, Krasnodar Krai.” Here’s my quick, handy description of the different between an “oblast” and a “krai’: I have no frigging clue.
  • “House Foreign Affairs Committee Holds Secretary of State Antony Blinken in Contempt of Congress.”

    The House Foreign Affairs Committee narrowly voted 26–25 to recommend Antony Blinken be held in contempt of Congress following the diplomat’s failure to appear for Tuesday’s hearing.

    “Secretary Blinken’s refusal to comply with the Committee’s subpoena — despite months of notice and offers of accommodations — warrants contempt,” the resolution read.

    The Republican-led committee has long sought to host the secretary of state as it investigates the botched U.S. withdrawal from Afghanistan over three years ago that left 13 U.S. service members dead.

  • Russia likes to claim they have all the manpower in the world for Vlad’s big Ukraine Adventure, but they just formed a mechanized battalion from the crew of the Admiral Kuznetsov aircraft carrier.
  • China shows sub, sinks same.
  • Israel took out Hezbollah headquarters in Beirut. You would think Hezbollah honchos wouldn’t be hanging around their headquarters in the current conflict, but Israel reportedly took out five senior Hezbollah officials. Not sure if this is the strike or not, but it’s pretty shock-and-awe:

    (Hat tip: Stephen Green at Instapundit.)

  • Here’s what operations in Gaza look like today:

    The blue is Israel. The lack of counter-activity (which would be in red) suggests Israel may have already crushed Hamas in Gaza.

    Here’s a very long range look at Lebanon and northern Israel, showing that while Hezbollah is still launching a few rocket attacks at Israel, Israeli air power is bombing the absolute snot out of Hezbollah, not only with strikes in southern Lebanon, but even all the way up near the northern border in the Bekaa Valley.

    Israel is obviously able to hit targets in Lebanon with impunity.

    You feel sorry for Lebanese civilians caught in the crossfire, but pity is tempered by the fact that Hezbollah is part of the ruling March 8 coalition.

  • International law expert covers Operation Grim Beeper. “In the context of distinction, necessity, proportionality these principles of the laws of armed conflict being adhered to in an exemplary fashion.”
  • Bill to strip the tax-exempt status of terrorist supporting organizations (like the Council on American-Islamic Relations) moves forward in the house.
  • Pentagon to Send Additional U.S. Troops to Middle East as Regional Tensions Boil Over.” “The U.S. maintains about 2,500 troops in Iraq and 900 in Syria, primarily tasked with counterterrorism operations. U.S.-controlled military bases also exist in Turkey, Kuwait, Bahrain, Qatar, and the United Arab Emirates, with a total count of U.S. military personnel in the region numbering around 40,000, up from the 34,000 troops stationed in the Middle East before the October 7 massacre.” But wait! Kamala Harris said we had no troops in a war zone!
  • Reporting a Rape in the UK Is a Crime.”

    A woman from Warrington, Cheshire, has revealed how her attempt to report a sexual attack led to her own arrest while the perpetrator remained free to assault others for nearly two years.

    Helen Ingham, 48, recently waived her right to anonymity in order to share her harrowing experience with law enforcement after reporting an assault by Ahmed Fahmy, 45, a hotel manager whose reign of terror against women spanned more than 15 years.

    There, as here, the left doesn’t want foreign rapists deported…

  • Democrats chances to take the senate this year appear to be dim. Good.
  • How Facebook lets the U.S. government censor you.
  • U.S. House Passes ‘Kelly-Cruz Amendment’ to CHIPS Act, Sent to Biden’s Desk.

    The U.S. House of Representatives approved a bill on Monday aimed at streamlining permitting laws to facilitate the domestic construction of semiconductor factories.

    The bipartisan legislation passed by a vote of 257 to 125, with 49 members not voting, and now moves to the president’s desk for approval.

    The bill passed the Senate last year, and was passed in the House of Representatives this week as the “Kelly-Cruz substitute amendment.”

    Sens. Ted Cruz (R-TX) and Mark Kelly (D-AZ) submitted the amended text of their Senate bill in December 2023.

    When a bill passes as a “substitute amendment” in Congress, the original text is entirely replaced with new content. This new version of the bill, offered as an amendment, becomes the text that is voted on and passed.

    It aims to accelerate the construction of U.S. semiconductor facilities, as the Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act of 2022 has made over $50 billion available to promote domestic production and innovation.

    It will also streamline federal permitting by designating the Department of Commerce as the lead agency for National Environmental Policy Act (NEPA) reviews, exempting certain projects from NEPA, providing the Secretary of Commerce with greater authority to expedite reviews in coordination with state and local governments, and limiting court challenge timelines.

    Snip.

    Cruz supported one portion of the CHIPS Act but disagreed with another.

    Cruz explained in 2023 that the CHIPS Act consisted of two key parts: the Facilitating American-Built Semiconductors (FABS) Act, offering a tax credit to boost domestic semiconductor manufacturing investment, and the CHIPS Act itself, providing billions in direct subsidies to companies. While Cruz co-sponsored the FABS Act, he voted against the CHIPS Act due to his opposition to direct subsidies, favoring the more indirect incentive of the tax credit.

  • “Many companies have fired Gen Z workers just months after hiring them and several business owners said they are hesitant to bring on recent college graduates due to concerns about their work ethic, communication skills and readiness to do the job, according to a new survey. Six in 10 employers said they have already let go recent college graduates this year, while one in seven said they are inclined to refrain from hiring new graduates next year, according to a survey conducted by Intelligent.com.” Also: “Although they may have some theoretical knowledge from college, they often lack the practical, real-world experience and soft skills required to succeed in the work environment.” Also: “75% of companies reported that some or all of their recent college graduates were unsatisfactory.” There may be a bit of truth to this, but a lot of companies seem to be laying off and firing people of whatever age right now…
  • Rep. David Cook Chosen as House Reform Group’s Challenger to Speaker Dade Phelan.” “The unanimous selection occurred after state Rep. John Smithee (R-Amarillo) dropped out of the race when neither candidate could meet the threshold needed head-to-head five hours after the meeting first convened.”
  • Texas State Rifle Association’s Voter’s Guide. I think all of two Democrats managed to earn as high as a B…
  • Remember Gerald Goines, the ex-HPD cop whose lies led to a drug raid based on false information that killed two people? Finally, five years after first being charged, he was found guilty of felony murder. (Hat tip: Dwight.)
  • “Dear Fifth Circuit Judge David Ezra: Which part of Judge Willett’s majority opinion in the border buoy case was unclear to you? Reverse your opinion and drop your stay you feeble-minded git.” The last part is only implied… (Hat tip: Instapundit.)
  • Boise State University shuts down coffee shot on campus for being pro-police. Coffee shop owner sues and wins a $4 million settlement.
  • Bjorn Lomborg schools Bill Maher on environmental panic.
  • Seems like an Air Force F-22 Raptor shot down a UFO over Canada in 2023. This was during the Red Balloon Menace, but it sort of looks like a Cylon Raider from the BattleStar Galactica reboot.

    And now, with the thinnest of justifications:

  • How string theorists destroyed the careers of non-string theorists for 40 years. Plus: “Science is fine, it’s THE Science that needs to die.”
  • Has Zuckerbot been redpilled? Like Rubin and company, I’m quite skeptical.
  • Lacrosse is evidently really hard on the pecs.

  • Critical Drinker gives thumbs up on The Penguin. “Just the right balance between grounded realism and industrial gothic. It’s obviously still based on New York, but rundown, neglected, stricken by crime, corruption and decay. So basically just actual New York, then.”
  • 100 year old American sledgehammer survives 100 tons pressure in a hydraulic press with no significant changes. Modern Chinese sledgehammer starts deforming at 40 tons.
  • Via Not the Bee, here’s a pretty good Kamala Harris impression.

  • In a follow-up to yesterday’s Diddy story, 50 Cent’s timeline is fire.
  • “Democrats Warn That If Public Libraries Are Defunded Homeless People Will Have Nowhere To Watch Porn.”
  • “First Baptist Church Softball Team Defeats Chicago White Sox 7-2.”
  • I am in this picture, and I don’t like it: “After 20 Years, Man Makes Tearful, Difficult Decision To Change Wallets.”
  • I’ve never seen anyone as happy learning English as this young Japanese girl.
  • I’ve been unemployed for one year now, so feel free to hit the tip jar.





    Also, a hearty thanks to everyone who has already donated.

    Border Invasion Validation

    Thursday, August 1st, 2024

    Texas’ theory that the state is undergoing an illegal alien invasion, as per Article I, Section 10, Clause 3 of the Constitution of the United States of America, due to the Biden Administrations willfully ignoring border control laws, just got some validation from the Fifth Circuit Court of Appeals.

    The U.S. Court of Appeals for the 5th Circuit permitted the State of Texas’ buoy barrier in the Rio Grande to remain in an en banc ruling Tuesday night, but an ancillary opinion from Judge James Ho endorses one of Gov. Greg Abbott’s main border contentions: that the state is being “invaded” by illegal immigrants.

    Overall, the court’s ruling was more procedural than substantive on the case’s full scope — that the U.S. government’s argument that the 1,000-foot stretch of water constitutes a “navigable water” under federal law is “unlikely to succeed” on its merits.

    But Ho’s part-concurrence, part-dissent opinion takes a different route, fully endorsing the State of Texas’ invocation of the much-debated “invasion clause.”

    Article I, Section 10 of the U.S. Constitution reads: “No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”

    After shrugging off, then toying with the suggestion that an invasion be declared to expand Texas’ border enforcement capabilities, Abbott gave it his full-throated backing in January.

    “President Biden has instructed his agencies to ignore federal statutes that mandate the detention of illegal immigrants. The failure of the Biden Administration to fulfill the duties imposed by Article IV, § 4 has triggered Article I, § 10, Clause 3, which reserves to this State the right of self-defense,” he stated.

    Dozens of counties in Texas had already invoked the invasion clause, currently at least 55.

    It then became one of the central contentions in the state’s legal strategy related to border security and illegal immigration.

    The case for such a declaration has been made slowly over the last couple of years, including by such center-right political figures as Ken Cuccinelli, a former deputy secretary of the Department of Homeland Security under President Donald Trump, and his new employer the Center for Renewing America.

    Cuccinnelli touted the ruling, saying on social media, “This is a complete victory for the Center for Renewing America’s position that [the invasion clause] of the US Constitution provides states with a complete and unreviewable right to self-defense (called ‘non-justiciability’).”

    In the 2022 gubernatorial race, former state Sen. Don Huffines and former Texas GOP chair Allen West both hit Abbott on the issue, who to that point had not endorsed the idea. Like Abbott, Attorney General Ken Paxton expressed skepticism of the concept in 2022 before becoming one of its biggest proponents.

    Now, its proponents have written legal backing from the bench — implicit from the majority opinion and explicit from Ho’s.

    “It is of course true that the invocation of Article I, § 10, clause 3 constitutes a non-justiciable political question; the parties agree on that, as does every member of our en banc court,” Judge Andrew Oldham wrote in his concurring opinion.

    Right off the bat, the court is agreeing wholesale that it cannot determine what constitutes an invasion — throwing that jurisprudential ball back into the state’s and federal government’s court.

    Legal barrier presented, meet legal barrier removed.

    Then Ho goes much further, actually opining on the merits of Abbott’s invocation.

    “A sovereign isn’t a sovereign if it can’t defend itself against invasion. … States did not forfeit this sovereign prerogative when they joined the Union,” Ho wrote.

    “Indeed, the Constitution is even more explicit when it comes to the States. Presidents routinely insist that their power to repel invasion is implied by certain clauses. But Article I, section 10 is explicit that States have the right to ‘engage in War’ if ‘actually invaded,’ ‘without the Consent of Congress.’”

    Ho cited multiple historical examples of states engaging in military action to repel foreign actors, including deploying state soldiers to the border in the 19th century to beat back bandits who’d crossed the southern border from Mexico.

    An important distinction made there and applicable to today’s situation is that those bandits were not agents working on behalf of a foreign nation but were foreign individuals, just as illegal border crossers are today.

    In Ho’s assessment, the distinction between a cartel actor and a run-of-the-mill immigrant matters not when evaluating the invasion clause’s application; it still counts as a state protecting itself from a foreign actor.

    He also cited the U.S.’s pursuit of Mexican revolutionary Pancho Villa and airstrikes against Middle Eastern terrorist groups both before and after 9/11.

    Few in 2020 would have thought that Democrats were so determined to open the border to an invasion of illegal aliens that federal courts would be referencing Pancho Villa’s raids in comparison, yet here we are.

    “The use of military force in these contexts continues to be a matter of great controversy,” Ho continued.

    “It was controversial before September 11, and it remains controversial after September 11. But that’s the point. These are political controversies, not judicial ones. Which private acts warrant military action are questions for the political branches, not the courts.”

    Ho then wrote, “Supreme Court precedent and longstanding Executive Branch practice confirm that, when a President decides to use military force, that’s a nonjusticiable political question not susceptible to judicial reversal. I see no principled basis for treating such authority differently when it’s invoked by a Governor rather than by a President.”

    “If anything, a State’s authority to ‘engage in War’ in response to invasion ‘without the Consent of Congress’ is even more textually explicit than the President’s.”

    June border apprehensions by U.S. Border Patrol agents showed a 29 percent dip, but the monthly encounters are still in the six figures and approaching two million total for the Fiscal Year 2024. And that doesn’t include the number of “got-aways” that evaded state and federal police.

    Ho continues, “To begin with, ‘there are no manageable standards to ascertain whether or when an influx of illegal immigrants should be said to constitute an invasion.’”

    “It’s hard to imagine that anyone would conclude that a few border crossings would suffice to justify a military response. On the other hand, numerous officials have concluded that military action was warranted in response to bands of Mexican criminals in the 19th century and terrorist attacks in the 20th and 21st centuries. Determining where the present illegal immigration crisis falls along this spectrum is not a legal question for judges, but a political determination for the other branches of government.”

    The founders crafted the constitution not just to balance the power of the three branches of government, but also to balance the power of the federal government with the states (which they intended to have more power than the federal government), and the power of individuals to oppose the state, and thus by distribution of power to different entities thwart tyranny. But I suspect even at their most cynical, the founders would never imagine that a political party would deliberately engineer the invasion of America by millions of foreigners merely for political gain…

    Democratic Voting Rights Act Lawsuit Could Mean Less Democratic Seats

    Thursday, May 16th, 2024

    In a classic case of unintended consequences, Democrats suing over a perceived Voting Rights Act violation could result is less Democrats in office.

    A voting rights lawsuit that could cost Texas Democrats seats across all levels of government received a hearing Tuesday by the full Fifth Circuit Court of Appeals in New Orleans, known as the most conservative federal appellate court in the country.

    The Galveston County redistricting case is challenging how the appellate court has previously interpreted the Voting Rights Act, which was passed to protect individual minority groups but has been “twisted” for political advantage.

    At issue is whether Section 2 of the law requires the county to create a majority-minority district by grouping a “coalition” of black and Hispanic voters.

    Neither blacks nor Hispanics are a large enough group in Galveston County to create a majority district.

    The county contends that the Voting Rights Act does not protect coalition districts—which represent political, not racial, alliances—nor does it guarantee that Democrats will be elected.

    Courts in other federal circuits do not allow aggregating distinct minority groups to force what are almost always Democrat districts.

    “The Voting Rights Act was meant to right wrongs. It wasn’t meant to subsidize political parties with legislative seats. That’s what this case is about—the real meaning of the Voting Rights Act, or, how it has been twisted by coalition districts,” said J. Christian Adams, President and General Counsel of the Public Interest Legal Foundation, representing Galveston County in the case.

    A win by Galveston County would be a blow to Texas Democrats.

    The case began in 2021 when Galveston County’s Republican-majority commissioners court, headed by County Judge Mark Henry, drew new boundaries for the county’s four commissioner districts following the decennial census.

    The plan eliminated the lone Democrat commissioner’s majority-minority precinct, a coalition district of blacks and Hispanics. The commissioner is black and has served on the court since 1999.

    Three sets of plaintiffs then sued the county: a group of current and former Democrat officeholders (the Petteway plaintiffs), local chapters of the NAACP and LULAC, and the U.S. Department of Justice. The three federal lawsuits were consolidated into Petteway v. Galveston County.

    Following a two-week trial last August, a federal judge in Galveston ruled in favor of the plaintiffs’ claim of vote dilution in violation of Section 2 of the Voting Rights Act. The decision was based on a nearly 40-year-old Fifth Circuit precedent supporting coalition claims.

    Galveston County appealed to the Fifth Circuit.

    After hearing arguments in November, a panel of three appellate judges said that the circuit court’s past decisions supporting coalition claims “are wrong as a matter of law” and “should be overturned.” Only a ruling by the full Fifth Circuit or the U.S. Supreme Court can overturn the precedent.

    In December, another three-judge panel granted the county’s request to use the new boundaries in the 2024 election. The U.S. Supreme Court upheld that decision.

    During Tuesday’s en banc hearing, all Fifth Circuit judges heard arguments from attorneys representing Galveston County and the three plaintiffs.

    Attorney Joe Nixon with the Public Interest Legal Foundation argued on behalf of Galveston County.

    “There is nothing left for the court to decide,” Nixon told the judges. “You just need to look at Section 2. What words require coalition districts? There are none.”

    Conclusion: “If Galveston County prevails in its challenge to coalition districts, Democrats in Texas, Louisiana, and Mississippi (states covered by the Fifth Circuit) stand to lose seats at the local, state, and congressional levels.”

    It takes a special kind of dumb to lose numerous seats across three states in a effort to save one commissioners court seat in Galveston County.

    The Voting Rights Act was a specific remedy at a specific point in time for a specific type of constitutional rights violation, namely that Democratic controlled states in the South were depriving black citizens of their constitutional rights to participate in elections. Over the years, Democrats have twisted it into a “No fair! Republicans are winning!” Get Out Of Competitive Elections Free card. Ironically, Republicans have used the precise terms of the Voting Rights Act to crowd blacks into a single district to help create more Republican seats.

    The situation for which the Voting Rights Act was passed no longer exists. Instead of race-aware solutions, constitutional rights should be guaranteed in color-blind way for a nation in which all men are created equal. Rather than continue to insist on racial election carve-outs, the Act itself should be retired.

    Supreme Court: Yes, Texas Can Deport Illegal Aliens. 5th Circuit: Psych!

    Wednesday, March 20th, 2024

    Here I was all ready to with what I wanted to write about, only to have the judicial system throw me a curve. Yesterday, it looked like the Supreme Court was finally giving Texas the green light to deport illegal aliens.

    The Supreme Court on Tuesday lifted its freeze of a Texas immigration law which allows state and local law enforcement to arrest illegal immigrants and empowers state judges to deport them.

    The Court’s six conservative justices dismissed the Biden administration’s emergency appeal, allowing the law to remain in effect while the issue is adjudicated by lower courts. The majority did not explain its reasoning, as is typical, but Justice Amy Coney Barrett, joined by Justice Brett Kavanaugh, issued a concurring opinion explaining that Texas should be allowed to enforce its law until a lower court definitively strikes it down.

    “If a decision does not issue soon,” Barrett wrote, “the applicants may return to this court.”

    On X Tuesday, Texas Governor Abbott acknowledged that litigation over the law will continue in lower courts.

    “BREAKING: In a 6-3 decision SCOTUS allows Texas to begin enforcing SB4 that allows the arrest of illegal immigrants,” he wrote. “We still have to have hearings in the 5th circuit federal court of appeals. But this is clearly a positive development.”

    Texas Attorney General Ken Paxton celebrated the ruling on X.

    “HUGE WIN: Texas has defeated the Biden Administration’s and ACLU’s emergency motions at the Supreme Court,” he said. “Our immigration law, SB 4, is now in effect. As always, it’s my honor to defend Texas and its sovereignty, and to lead us to victory in court.”

    In court papers, Paxton said the Texas law does not undermine federal law but complements it regarding immigration enforcement, which the federal government is supposed to be fulfilling. The Biden administration for many months has been flouting federal immigration law by paroling illegal immigrants into the U.S. instead of detaining them.

    The Constitution “recognizes that Texas has the sovereign right to defend itself from violent transnational cartels that flood the state with fentanyl, weapons, and all manner of brutality,” Paxton said in filings, according to NBC News.

    Texas is “the nation’s first-line defense against transnational violence and has been forced to deal with the deadly consequences of the federal government’s inability or unwillingness to protect the border,” he added.

    Chalk one up for controlling the borders and the rule of law, right?

    Fifth circuit: Not so fast!

    A procedural victory for Texas allowing the state to enforce its new border security law while the Biden administration’s battle against the measure continues to work its way through the courts was short-lived.

    While the U.S. Supreme Court moved to allow the law to go into effect on Tuesday afternoon, hours later the Fifth Circuit Court of Appeals put the law on hold yet again.

    Senate Bill 4, which was set to go into effect earlier this month, creates a state crime for entering the country illegally, paving the way for state law enforcement to arrest illegal aliens.

    After the federal government challenged the measure in a lawsuit, U.S. District Judge David Alan Ezra blocked the law from going into effect. It has since been sent to the Fifth Circuit Court of Appeals.

    In the meantime, a procedural fight had taken place over whether the state could enforce the law awaiting final judgment in the case.

    In a 6-3 decision on Tuesday, the Supreme Court denied the Biden administration’s request to halt enforcement of the law, allowing Texas to begin enforcement immediately.

    At the time, Attorney General Ken Paxton called the decision a “huge win” for Texas.

    “Texas has defeated the Biden Administration’s and ACLU’s emergency motions at the Supreme Court. Our immigration law, SB 4, is now in effect. As always, it’s my honor to defend Texas and its sovereignty, and to lead us to victory in court,” said Paxton.

    That victory was short-lived, as late Tuesday night the Fifth Circuit Court of Appeals placed another stay on the law from being enforced.

    Frustrating, but it underscores the difficulty the Supreme Court faces, namely: How do you reign in an executive branch hellbent on ignoring clear laws on securing the border against illegal aliens that instead actual aids and abets illegal aliens breaking those same laws?

    What mechanisms can the Supreme Court use to reign in a rogue executive without causing a constitutional crisis?

    The Fifth Circuit had a hearing scheduled this morning on the issue but evidently haven’t issued a ruling. I’ll try to update this if it does…

    Another Day, Another Criminal Out On Bond Shooting Cops

    Thursday, August 17th, 2023

    Actually, that headline is slightly inaccurate: It was two criminals out on bond shooting a cop.

    A massive manhunt is underway for two suspects in relation to a shooting of a Harris County sheriff’s deputy during a traffic stop Wednesday night. Both men were free on bond for other charges and had a history of not complying with the conditions of their release.

    According to Harris County Sheriff Ed Gonzalez, the deputy went on patrol at about 7:40 p.m., but within minutes emergency dispatch received calls about an officer down on Homestead Road just inside Houston’s Beltway 8 and the Eastex Freeway.

    Law enforcement agencies have issued a Blue Alert for Terran Green, 34, and James Green, 37. Although Gonzalez announced the suspects’ vehicle had been found overnight, the two men remain at large.

    Harris County records indicated that Terran’s criminal history dates to at least 2007 and includes five felony convictions and three separate stints in state prison. In May 2022, he was sentenced to two years for Aggravated Assault with a Deadly Weapon.

    Democrats love to talk about “gun crime,” but deep blue Democratic Party prosecutors seem loath to actually prosecute the criminals who commit crimes with guns.

    Terran was charged in March 2023 with Felon in Possession of a Firearm and Aggravated Assault of a Family Member, for which the Harris County District Attorney’s Office requested no bond, but Judge DaSean Jones of the 180th District Criminal Court approved bonds of $55,000. Terran was released on April 1, but after failure to appear in court his bonds were forfeited. He has been a wanted fugitive since May 30.

    James also has a criminal history, dating back to 2011. He was given personal recognizance (PR) bonds requiring no payment for Carrying a Handgun in a Motor Vehicle in 2020 and 2022 and possession of one to four grams of cocaine on June 7, 2022. He was rearrested on August 7 after bond forfeiture but released on a $5,000 surety bond just last Saturday.

    A self-proclaimed socialist, Jones has often drawn media attention for awarding bond release to violent, repeat offenders. In 2021 he reduced bond for a suspect facing felony charges of human trafficking, assault, sexual assault of a child, and compelling prostitution of a child.

    Sexual predators of children seem very near and dear to the hearts of the Democratic Party’s cadres of social justice activists.

    Harris County began shifting release policies in 2019, when local judges adopted new bail guidelines and a federal judge approved a consent decree in the ODonnell v. Harris County lawsuit over misdemeanor bail. The decree has formally governed misdemeanor bail policy and mandated county spending on pretrial services for defendants, but a ruling from the 5th Circuit Court of Appeals in a similar lawsuit against Dallas County earlier this year overturned ODonnell, leaving the future of the consent decree uncertain.

    Crime Stoppers of Houston’s Andy Kahan has tracked the number of persons murdered in Harris County by suspects out on multiple bonds and PR bonds since 2018, noting there have been at least 197 such victims.

    197 people dead thanks to Social Justice.

    Last I checked, the Harris County deputy shot was still alive following surgery and their name hadn’t been released.

    Expect criminals to keep shooting cops and citizens as long as Democrats maintain the social justice revolving door for repeat offenders.

    Update: Deputy’s name is Joseph Anderson and alleged shooter Terran Green is in custody after a police standoff in Humble.

    James Green was questioned and released without being charged.

    Federal Judge Rules Against ATF Brace Rule

    Thursday, August 3rd, 2023

    A small victory in the war against ATF overreach:

    The U.S. 5th Circuit Court of Appeals ruled Tuesday that two Texas residents are likely to prevail in their legal challenge to a Biden administration rule that redefined firearms with pistol braces as heavily regulated short-barreled rifles (SBR), ordering the district court to reconsider issuing a permanent injunction to block the rule.

    The case, styled Mock v. Garland, was brought by attorneys with the Firearms Policy Coalition on behalf of Texas residents William Mock and Christopher Lewis. The plaintiffs sought to block the administrative rule that would subject firearms, otherwise legally classified as pistols, as SBRs, which are heavily regulated under the National Firearms Act (NFA).

    To purchase an NFA-regulated weapon, a buyer must undergo a background check, pay $200 in taxes to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and wait roughly a year. NFA firearms are also subject to a litany of additional regulations, the violation of which can subject the owner to substantial civil and criminal penalties.

    Gun owners were given four months after the rule change in January to remove braces from their pistols and either destroy, register, or surrender them to the ATF, or else be subject to criminal charges after the grace period.

    Snip.

    The 5th Circuit’s decision noted that the rule was challenged on two fronts, the first being that the ATF failed to follow proper procedure by giving public notice of one version and then implementing a different final version with a broader application.

    Because the court sided with the plaintiffs on the administrative procedural challenge, determining they would likely succeed on the merits at trial and that they meet the requirements for injunctive relief, the court stopped short of addressing the constitutional challenge. However, Justice Don Willet wrote in a separate concurring opinion that he suspects the rule would likely “not withstand constitutional muster.”

    God bless Judge Willet and President Donald Trump for nominating him to the Fifth Circuit.

    The majority opinion remanded the case to the U.S. District Court for the Northern District of Texas, where the original judge had denied the plaintiff’s past request for an injunction blocking the rule.

    For now, the appeals court is maintaining an order blocking enforcement of the rule against FPC and its members until the district court issues a new ruling on its injunction request that complies with the appeals court’s findings.

    Several other legal challenges to the pistol brace rule are presently ongoing in federal district courts, with challenges from Gun Owners of America and the Wisconsin Institute for Law and Liberty prevailing earlier this year in securing injunctions to block the rule’s enforcement for the organizations’ members.

    The pistol brace rule would retroactively make millions of law-abiding Americans criminals for not registering them (which, for the left, is no doubt the point). Government agencies should not be able to unilaterally and retroactively declare ownership of legally obtained goods suddenly forbidden on penalty of law.

    Hopefully the pistol brace rule gets overturned entirely.

    LinkSwarm for September 2, 2022

    Friday, September 2nd, 2022

    Biden goes all Nuremberg Rally, more transexual madness, Gibson’s Bakery wins final victory, states subcontract their energy policies to crazy California, and more really stupid criminals. It’s the Friday LinkSwarm!

  • You would think that Biden’s team might have better sense than to dress his set like it’s Darth Maul’s bedroom:

    

  • What happens when people in the federal government are incompetent and refuse to do their job? Usually nothing. Or they get promoted. But in Florida? Governor DeSantis fires their asses.

    On Friday, Governor Ron DeSantis announced that he would be suspending four members of the Broward County School Board for their “incompetence, neglect of duty, and misuse of authority” at Marjory Stonemason Douglass High School.

    In a press release, the governor’s office stated that Patricia Good, Donna Korn, Ann Murray and Laurie Rich Levinson had been suspended following the recommendations of the Twentieth Statewide Grand Jury. DeSantis has been particularly active in education, going as far as endorsing school board members in their races across the state, and enacting laws on curriculum transparency and parental rights.

    “Even four years after the events of February 14, 2018, the final report of the Grand Jury found that a safety-related alarm that could have possibly saved lives at Marjory Stoneman Douglas High School ‘was and is such a low priority that it remains uninstalled at multiple schools,’ and ‘students continue to be educated in unsafe, aging, decrepit, moldy buildings that were supposed to have been renovated years ago,’” the press release states.

    “These are inexcusable actions by school board members who have shown a pattern of emboldening unacceptable behavior, including fraud and mismanagement, across the district,” the press release continued.

    “It is my duty to suspend people from office when there is clear evidence of incompetence, neglect of duty, misfeasance or malfeasance,” said DeSantis. “The findings of the Statewide Grand Jury affirm the work of the Marjory Stoneman Douglas School Safety Commission. We are grateful to the members of the jury who have dedicated countless hours to this mission and we hope this suspension brings the Parkland community another step towards justice. This action is in the best interest of the residents and students of Broward County and all citizens of Florida.”

    In their place, DeSantis has appointed Torey Alston, former Commissioner of the Broward County Board of County Commissioners and President of Indelible Solutions, Manual “Nandy” A. Serrano, member of the Florida Sports Foundation Board of Directors, Ryan Reiter, a US Marine Corps Veteran and Director of Government Relations for Kaufman Lynn Construction, and Kevin Tynan, Attorney with Richardson and Tynan, who previously served on the Broward County School Board and South Broward Hospital District, to take the suspended members’ places.

  • Undercover mom shocked by official transexual propaganda depravity.

    Rachel, a Brooklyn mom with a gender-dysphoric child…went undercover as a pre-teen in the chat, searching for resources for detransitioners. She found none.

    Instead, she opened a “Pandora’s box” of sexually perverse content, aggressive gender re-assignment referrals, adults encouraging minors to hide their transitions from their parents, and many troubled kids in need of psychological counseling. She shared screenshots of the chat with National Review.

    Rachel says she looked to the Trevor Project in desperation, “when I thought my child was going to kill herself.” The organization frequently claims that LGBT youth are more than four times more likely to attempt suicide than their peers. It claims to be a refuge for these people with its crisis services including TrevorLifeline, TrevorText, and TrevorChat.

    Under the advice of a “highly credentialed” medical and mental-health team, Rachel and her husband decided to socially transition their child a few years ago, she told National Review. After that, her child was hospitalized three times for self-harm and suicidality, including at least one suicide attempt. In New York, due to a ban on psychotherapy, so-called gender affirmation was the only legal option they could pursue, she said.

    They were at their wit’s end, until her spouse sat her down and presented her with a PowerPoint, showing statistics that people who transition are, by a huge factor, much more likely than the general public to commit suicide.

    “My jaw hit the floor. I said, ‘Oh my God we’ve been lied to’,” she says.

    Since then, Rachel, a lifelong Democrat and feminist, has been dedicated to exposing the child gender-transition craze, which she argues is driven by “predatory medicine” incentivized by the government.

    In TrevorSpace, she got a bird’s-eye view of the progressive non-profit giant that is claiming to save young lives but is really driving them further into existential rabbit holes, depravity, and potential danger, she said.

    She documented kids talking about how to buy binders, an undergarment that constricts breasts, behind their parents’ backs. “I know the way people usually do this is by ordering it to a friend’s house or something of the sort, but I don’t have anyone to do that with,” wrote a girl whose account says she’s under 18. “I have money and know where I want to get it from and all that. I just need a means of getting it.” Another user suggested she have the binder sent to a post office where she could pick it up without her parents’ knowledge. Other users were referred to eBay to purchase a packer, or an artificial appendage meant to mimic a penis.

    When people sign up for TrevorSpace, they have the option of placing themselves within the age ranges of “under 18” or “18-25.” The community is open to people 13-24, according to the site. There is no system in place to confirm a person’s age, Rebecca says and National Review confirmed. She also said she noticed entries from people claiming to be over 25 too, as well as guest accounts with no age listed.

    Other teens, presumably girls transitioning to boys, testified to the effectiveness of Minoxidil, an over-the-counter medication that stimulates facial hair growth. “Can I get and use Minoxidil without my parents knowing?” a girl asked.

    The kids Rachel followed on TrevorSpace spanned a diverse spectrum of gender disorientation, some confident in their belief that they were the opposite sex and some just gender curious. But, as Rachel observed, they were all pointed in one direction: gender transition. In a significant number of cases, adults gave minors this validation.

  • “5th Circuit Rules Govt Cannot Punish Religious Hospitals for Refusing to Perform Abortions, Gender Transitions.”
  • Queer Theory is Queer Marxism.”
  • Gibson’s Bakery finally wins complete victory in their case, as Ohio’s Supreme Court refused to hear Oberlin College’s appeal. “It means the Gibsons now can collect approximately $36 million.”
  • Argentina’s Vice President Cristina Fernandez de Kirchner survives an assassination attempt when the assailant’s gun jams.
  • Californians Told Not to Charge Electric Cars Days After Gas Car Sales Ban.”
  • Speaking of California’s delusional green agenda, a whole lot of Democrat-controlled states have adopted California’s green insanity by proxy, Virginia among them.
  • Poland is not going to get any recovery funds until they start electing leftwing politicians.
  • Anti-Immigrant, Eurosceptic Sweden Democrats Set To Become Nation’s 2nd Largest Party.”
  • Another day, another high profile Kamala Harris aide leaving. “Herbie Ziskend, a senior communications adviser, announced that he is leaving Harris’s side for the West Wing, where he will be the new White House deputy communications director.”
  • Bill Maher Slams Libs Defending Censorship Of Hunter Laptop: ‘He was selling the influence of his father, Joe Biden.'”
  • Joe Rogan tells listeners to ‘vote Republican,’ bashes Dems’ COVID-19 ‘errors.’” (Hat tip: Sarah Hoyt at Instapundit.
  • “Some people collect Pokemon cards, but this guy collects felonies.”
  • French tax agency deploys AI to find high ranking government official who are embezzling. Ha, just kidding! They’re using it to find and tax unreported pools.
  • Greg Gutfeld is driving the enemy before him and hearing the lamentations of Stephen Colbert. (Hat tip: Stephen Green at Instapundit.)
  • Texas Applies to Build Molten Salt Nuclear by 2025.”
  • Russian drone hacked midflight by Ukrainians.
  • The last Luftwaffe raid against the UK happened April 21, 1945, less than two weeks before Hitler committed suicide, and some three weeks before VE Day. The planes took off from occupied Stavanger, Norway, and it didn’t work out well for the Germans…
  • Critical Drinker is is not impressed with The Rings of Power. “It’s shiite.”
  • “Harvard To Pay Elizabeth Warren $400,000 To Teach Class On Why College Is So Expensive.”
  • You’d think the recent rains would have washed more dust out of the air…

    (Hat tip: Ace of Spades HQ.)

  • Fifth Circuit Court Starts Dismantling The Administrative State

    Thursday, May 19th, 2022

    American Civics 101 teaches us that there are three branches of the American government: Executive, Legislative and Judicial. However, that clean, elegant division started to go awry in the early 20th century (some would place the problems even earlier) with the creation of the Federal Reserve and the vast expansion of the administrative state under the New Deal.

    One blow to that traditional tripartite division of federal powers was the creation of administrative courts for independent agencies. Yesterday, the Fifth Circuit Court of Appeals (which includes Texas) ruled such courts were unconstitutional.

    The Securities and Exchange Commission’s in-house judges violate the U.S. Constitution by denying fraud defendants their right to a jury trial and acting without necessary guidance from Congress, the 5th U.S. Circuit Court of Appeals ruled on Wednesday.

    The court ruled 2-1 in favor of hedge fund manager George Jarkesy Jr and investment advisor Patriot28 LLC, overturning an SEC administrative law judge’s determination that they committed securities fraud.

    A spokesperson for the SEC and counsel for the petitioners did not immediately respond to a request for comment on Wednesday.

    The Dodd-Frank Act, which Congress passed after the 2008 financial crisis, expanded the SEC’s ability to seek penalties in its administrative proceedings.

    In the ruling Wednesday, the majority said that because seeking penalties is akin to debt collection, which is a private right, the defendants were entitled to a jury trial.

    The SEC had argued that it was acting to protect investors and enforce public rights found in the securities laws.

    The majority also found that SEC judges, known as administrative law judges, lack authority under the Constitution because Congress did not provide guidance on when the SEC should bring cases in-house instead of in a court.

    U.S. Circuit Court Jennifer Walker Elrod, joined by Circuit Court Judge Andrew Oldham, penned the majority opinion.

    This is a long overdue trimming of the unelected administrative state and a restoration of the division of responsibilities between the three branches that forms part of the Constitution’s vital system of checks and balances. However, given the potentially far-reaching effects of the decision, expect first an en banc hearing of the Fifth Circuit, and then an appeal to the Supreme Court.

    LinkSwarm for November 19, 2021

    Friday, November 19th, 2021

    Kyle Rittenhouse found innocent, vaccine mandates are halted, Kamala is sinking, and the media continues stinking. Plus two scoops of Joe Rogan. It’s the Friday #LinkSwarm!
    

  • Kyle Rittenhouse found not guilty on all counts. Self defense is still legal in the United States. Now let the lawsuits against everyone who called Rittenhouse a “murderer” and/or “white supremacist” begin.
  • If you got your facts about the Rittenhouse case from the mainstream media, then just about everything you know is a lie.

    Here is what I thought was true about Kyle Rittenhouse during the last days of August 2020 based on mainstream media accounts: The 17-year-old was a racist vigilante. I thought he drove across state lines, to Kenosha, Wisc., with an illegally acquired semi-automatic rifle to a town to which he had no connection. I thought he went there because he knew there were Black Lives Matter protests and he wanted to start a fight. And I thought that by the end of the evening of August 25, 2020, he had done just that, killing two peaceful protestors and injuring a third.

    It turns out that account was mostly wrong.

    Unless you’re a regular reader of independent reporting — Jacob Siegel of Tablet Magazine and Jesse Singal stand out for being ahead of the pack (and pilloried, like clockwork, for not going along with the herd) — you would have been served a pack of lies about what happened during those terrible days in Kenosha. And you would have been shocked over the past two weeks as the trial unfolded in Wisconsin as every core claim was undermined by the evidence of what actually happened that night.

    This wasn’t a disinformation campaign waged by Reddit trolls or anonymous Twitter accounts. It was one pushed by the mainstream media and sitting members of Congress for the sake of an expedient political narrative—a narrative that asked people to believe, among other unrealities, that blocks of burning buildings somehow constituted peaceful protests.

    CNN and Rep. Ayanna Pressley examples snipped.

    But just as in the cases of Covington Catholic’s Nick Sandmann or Jussie Smollet or the “Russia-collusion” narrative, almost none of the details holding up that politically convenient position (boys in MAGA hats are bigoted; racism is as much a blight as it has always been; Trump conspired with Putin) were true.

    Take each in turn:

    First, the idea that Kyle Rittenhouse was a white supremacist.

    There was zero evidence that Rittenhouse was connected to white supremacist groups at the time of the shooting. He was a Trump supporter, yes, though he wasn’t old enough to vote. He was an admirer of police and firefighters, also true. He was a lifeguard. He’d been part of a “police explorer” program, and was also a firefighter/EMT cadet with the fire department in Antioch, Illinois, where he lived with his mom and two sisters.

    That Rittenhouse had no connection to Kenosha.

    In addition to having a job in Kenosha, Rittenhouse testified that much of his family lived there: his father, his grandma, his aunt and uncle, and his cousins. He also testified that on the morning of the shootings, he went downtown with his sister and friends to see the damage done by rioting the night before, and spent about two hours cleaning graffiti off of the local high school.

    That Rittenhouse drove across state lines with a gun that night to oppose the protests.

    This was a line that we heard constantly—never mind that Antioch, Illinois, is about 20 miles from Kenosha, Wisconsin. As the trial has shown, Kyle Rittenhouse did not travel to Kenosha to oppose protesters. He testified under oath that he had traveled to Kenosha for his job the night before the shootings, and was staying at a friend’s house.

    So what about the gun?

    Rittenhouse didn’t bring the gun to Kenosha. The gun was purchased for Rittenhouse months earlier by a friend and stored in Kenosha at the home of that friend’s stepfather, as then-17-year-old Rittenhouse was too young to purchase it.

    But it was illegal for him to even have the gun given that he wasn’t yet 18 years old, right?

    That is not true. Under Wisconsin law, 17-year-olds are prohibited from carrying rifles only if they are short-barreled. The weapon Rittenhouse was carrying was not short-barreled. Which is why, during closing arguments, the court threw out the charge.

    He was out there looking for a fight, and he got one: He killed two people and severely wounded a third.

    Unless there’s evidence we haven’t seen, there’s no clear indication that Rittenhouse sought to kill anyone. What we know is that he showed up with a first aid kit and an AR-15-style rifle. Video evidence, and Rittenhouse’s own testimony, indicates that he offered medical assistance to protestors and ran with a fire extinguisher to try to put out fires—and that later, after being pursued, he killed two people, Joseph Rosenbaum and Anthony Huber, and severely wounded a third. Both video evidence and the only living person that Rittenhouse shot that night, Gaige Grosskreutz, undermined the idea that Rittenhouse was simply an aggressor looking for a fight. During cross examination Grosskreutz acknowledged that Rittenhouse shot him only after Grosskreutz had pointed his own gun at Rittenhouse. Here’s how it went down:

    Defense attorney: When you were standing three to five feet from him with your arms up in the air, he never fired, right?

    Grosskreutz: Correct.

    Defense attorney: It wasn’t until you pointed your gun at him, advanced on him with your gun—now your hand’s down pointed at him—that he fired, right?

    Grosskreutz: Correct.

  • The left is taking the Rittenhouse acquittal with their usual grace and restraint.
  • Media Found Guilty On All Counts.”
  • “Antifa Forced To Postpone Riot As Brick Supply Still Stuck On Cargo Ship.”
  • “Rittenhouse, Sandmann Agree To Share Joint Custody Of CNN.”
  • The Fifth Circuit Court of Appeals enjoined OSHA from carrying out Joe Biden’s unconstitutional vaccine mandate.

    The Court ordered that “Enforcement of the Occupational Safety and Health Administration’s ‘COVID-19 Vaccination and Testing; Emergency Temporary Standard’ remain[] stayed pending adequate judicial review of the petitioners’ underlying motions for a permanent injunction.” It further ordered that “OSHA take no steps to implement or enforce the Mandate until further court order.”

    Behind this language lies a forceful critique of the Biden mandate. The opinion is here.

    One of the factors a court considers in deciding whether to issue a stay is the likelihood that the party seeking it will prevail on the merits. The petitioner must make a strong showing of likelihood of success.

    The Fifth Circuit found that the petitioners in this case made that showing. This finding means that the Biden administration almost surely will lose in the Fifth Circuit when the court makes its definitive ruling on the merits.

    The court cited a “multitude of reasons” why those challenging the mandate will likely succeed on the merits. The first one, which it described as “obvious,” is this:

    The Occupational Safety and Health Act, which created OSHA, was enacted by Congress to assure Americans “safe and healthful working conditions and to preserve our human resources.” See 29 U.S.C. § 651 (statement of findings and declaration of purpose and policy). It was not—and likely could not be, under the Commerce Clause and nondelegation doctrine—intended to authorize a workplace safety administration in the deep recesses of the federal bureaucracy to make sweeping pronouncements on matters of public health affecting every member of society in the profoundest of ways.

    Furthermore, the “sweeping pronouncements” implicit in OSHA’s order are badly flawed. For example, the court noted that the mandate is both over-inclusive and under-inclusive. On one hand, it covers employees in nearly every industry regardless of their risk of exposure (there is “little attempt to account for the obvious differences between the risks facing, say, a security guard on a lonely night
    shift, and a meatpacker working shoulder to shoulder in a cramped warehouse”) and “doesn’t exempt those with natural immunity.” On the other hand, it arbitrarily excludes employers with fewer than 100 workers.

    Fatally to the mandate, the court found that its promulgation “grossly exceeds OSHA’s authority.” It noted that OSHA’s statutory authority to establish emergency temporary standards “is an ‘extraordinary power’ that is to be ‘delicately exercised’ in only certain ‘limited situations.’”

  • And, miracle of miracles, OSHA announced that they will actually heed the court’s opinion and suspend vaccine mandate enforcement. A federal agency heeding a rational federal court decision shouldn’t be a surprise, yet here we are.
  • How unpopular is Kamala Harris? Democratic Media Complex house organ CNN published a scathing hit piece on her.

    Worn out by what they see as entrenched dysfunction and lack of focus, key West Wing aides have largely thrown up their hands at Vice President Kamala Harris and her staff — deciding there simply isn’t time to deal with them right now, especially at a moment when President Joe Biden faces quickly multiplying legislative and political concerns.

    The exasperation runs both ways. Interviews with nearly three dozen former and current Harris aides, administration officials, Democratic operatives, donors and outside advisers — who spoke extensively to CNN — reveal a complex reality inside the White House. Many in the vice president’s circle fume that she’s not being adequately prepared or positioned, and instead is being sidelined. The vice president herself has told several confidants she feels constrained in what she’s able to do politically.

    Wait, the warm bucket of spit feels “constrained”? Do tell…

    And those around her remain wary of even hinting at future political ambitions, with Biden’s team highly attuned to signs of disloyalty, particularly from the vice president.

    Worn out by what they see as entrenched dysfunction and lack of focus, key West Wing aides have largely thrown up their hands at Vice President Kamala Harris and her staff — deciding there simply isn’t time to deal with them right now, especially at a moment when President Joe Biden faces quickly multiplying legislative and political concerns.

    The exasperation runs both ways. Interviews with nearly three dozen former and current Harris aides, administration officials, Democratic operatives, donors and outside advisers — who spoke extensively to CNN — reveal a complex reality inside the White House. Many in the vice president’s circle fume that she’s not being adequately prepared or positioned, and instead is being sidelined. The vice president herself has told several confidants she feels constrained in what she’s able to do politically. And those around her remain wary of even hinting at future political ambitions, with Biden’s team highly attuned to signs of disloyalty, particularly from the vice president.

    Social justice “first woman of color” blather snipped. But lets skip down to where Team Harris gets all snippy over a potential rival:

    Last month, White House aides leapt to the defense of Transportation Secretary Pete Buttigieg, who was being hammered with outrage by Fox News host Tucker Carlson and like-minded online pundits for taking paternity leave after the adoption of his twins in September. Harris loyalists tell CNN they see in that yet another example of an unfair standard at play, wondering why she didn’t get similar cover any of the times she’s been attacked by the right.

    “It’s hard to miss the specific energy that the White House brings to defend a White man, knowing that Kamala Harris has spent almost a year taking a lot of the hits that the West Wing didn’t want to take themselves,” said a former Harris aide, reflecting conversations last month among several former aides and current allies.

    (Imagine there’s an animated hissing cat gif here.)

    Anyway, it’s worth reading the whole thing to read how incompetent she and her staff seem at just about everything, and to tote up all the petty slights to Harris, who was only there to bring in black votes in (and didn’t do a great job of that), and now she’s completely disposable.

  • Alexandra DeSanctis is even less charitable:

    Despite ending her lackluster campaign for president with a mere 3 percent support among the Democratic electorate, Harris was nevertheless the most obvious pick within the narrow bucket to which Biden had been confined. (Never mind that the apex of her support during the primary campaign came when she savagely attacked Biden on the debate stage, essentially calling him a racist for opposing busing during his time in the Senate, and that she repeatedly said she believed women who had accused Biden of sexual misconduct.)

    The simple fact is that Harris is not a good national politician. She is ineffective and unlikeable at best, and, at worst, so unpopular that she’s actively damaging to the administration, likely why Psaki has had to turn to absurdities in an effort to defend her. (Democrats have developed a nasty habit of responding to voters who don’t like them by accusing said voters of racism.)

    In Harris’s case, these excuses are because the truth hurts. She has little to no sway with key votes in Congress. She has next to no relevant policy or diplomatic expertise. These facts shouldn’t come as a surprise, seeing that she holds her office not because of her popularity or any relevant skillset but primarily because of her identity.

    Had she not been picked as Biden’s running mate, she would’ve remained in a far more advantageous position, keeping a comfortable position in the Senate that would be nearly impossible for her to lose. She was already a media darling, popular among progressives for her supposed ability to “own” conservative nominees during hearings. Rather than winding up in a position with little chance to showboat or collect media accolades, she might’ve remained right there, where her lack of popularity with the national electorate was essentially irrelevant.

    In a backwards way, Harris finds herself holding a position in which she’s ill-equipped to succeed precisely because of identity politics, which motivated Biden to pick a running mate so ill-suited to the job.

  • How unpopular? 28% approval. Usual poll caveats apply. So her numbers might not even be that high!
  • More from Charles Cooke:

    That America’s voters disdain Harris as much as they obviously do gives me an extraordinary amount of hope for our future. In December of 2019, I celebrated Harris’s departure from the presidential primary with a “good riddance” that turned out to be woefully premature: “May Harris’s failed attempt,” I hoped, serve to “destroy her career and sully her reputation for all time.” Alas, the first part did not happen; on the contrary, Harris was springboarded up to within a heartbeat of the most potent office in the land. But the second part? Well, I got that in abundance. We are now ten months into this baleful presidency, and already Harris is the most unpopular vice president in history. And they say Christmas doesn’t come early!

    Harris’s apologists like to insist that she is as unpopular as she is because she’s a non-white woman. But this explanation gets the cause of the disapproval backwards. Kamala Harris isn’t disliked because she’s a non-white woman; Kamala Harris was chosen as vice president because she’s a non-white woman, and she’s disliked because she has nothing to recommend her beyond those facts. In the highest of high dudgeon, her defenders will propose that this is Joe Biden’s fault, for not “using” Harris correctly in her role. But this too is unjust. In truth, there is no good way to “use” Kamala Harris, because Kamala Harris is a talentless mediocrity whose only political flair is for making things worse than they were before she arrived.

  • And her staff knows it. “Kamala Harris’s communications director Ashley Etienne is leaving the vice president’s office after reports staff are in-fighting and her boss is being sidelined.”
  • Kurt Schlichter celebrates the fact that Democrats want to restore tax deductions for rich swells like himself.

    want to thank the Democrats for giving me, a trial lawyer living in Los Angeles, exactly what I need – a big, heaping tax cut. In their reconciliation bill, there are plenty of giveaways for lay-abouts, losers, and grifters, but also for us living by the beach getting hit with huge state taxes rendered un-deductible by that evil Donald Trump, notorious friend to the rich who he…shafted. Anyway, the Dems are going to wrong this right and fix this manifest justice, though – they are going to make essentially all the money I hand over to the socialist clique that runs the formerly Golden State (and it is a lot) deductible once again.

    Cool. Well, for me and other lawyers and similar blue state swells.

    People often ask me why I stay in California, to which I reply, “I don’t explain myself to people – buzz off.” But if I were to explain myself to people, I would point out that despite being awash with Californians, California has beautiful weather, my family is nearby, and here I get to be part of the feudal aristocracy sucking the life from working people to fuel my extravagant lifestyle.

    See, California was designed for lawyers and similar high-status low-lifes, and the beachside communities where the petty royals dwell do not experience a fraction of the hellish nightmare you see on TV. Oh, what you see is real, just not for those in the Birkenstock nobility. You see videos of hordes of hobos leaving their junkie spoor on the sidewalks and that happens, just not to the people that Prince Gavin of Newsom cares about. I don’t think he cares about me personally mind you, but he cares a lot about my ZIP code.

    You can drive ten minutes from my castle and be worried about someone stealing your hubcaps. Once you start heading east over the 405 (That’s I-405 to people who don’t live in LA) real life comes and bites you hard, and the farther east you go, the harder it bites. The roads are trash – gee, I sure expect the infrastructure bill will totally make them nice again – and the schools are cesspits of violence and commie indoctrination, but the peasants just need to accept their lot in life and not complain. Their bitching would ruin our wine tasting.

    Of course, I might have more sympathy for these poor devils if they had not lobbied so hard for the role of “Serf #3” in California’s production of “Game of Bums.” They voted for this. They got this. It’s all theirs.

    

  • “It’s Not Just White People: Democrats Are Losing Normal Voters of All Races.” Results from a focus group of Virginia voters “who voted Democrat, Democrat, Republican in the last three elections.”

    When asked which party had better policy proposals, the group members overwhelmingly said Democrats. But when asked which party had cultural values closer to theirs, they cited Republicans.

    The biggest disconnect came on education. Barefoot found that school closures were likely a big part of their votes for Youngkin and that frustration at school leadership over those closures bled into the controversy, pushed by Republicans, around the injection of “critical race theory” into the public school setting, along with the question of what say parents should have in schools. One Latina woman talked about how remote school foisted so much work on parents, yet later Terry McAuliffe, the Democratic nominee and former governor, would insist that parents should have no input in their children’s education. (That’s not exactly what he said, but that’s how it played.) As she put it: “They asked us to do all this work for months and then he says it’s none of our business now.”

    The anger they felt at Democrats for the commonwealth’s Covid-19 school closure policy became further evidence of a cultural gap between these working people and Democratic elites, who broadly supported prolonged school closures while enjoying the opportunity to work remotely. Those with means decamped: Enrollment in Fairfax County schools dropped 5 percent, and fell by 3.9 percent and 3.4 percent in Arlington and Loudoun counties, respectively. Those who were left behind organized parent groups to pressure the schools to reopen. Though the groups tended to be nonpartisan or bipartisan at the start, Republican donors and conservative groups poured money and manpower into them, converting them into potent political weapons that blended anger at the closures with complaints about Democratic board members prioritizing trendy social justice issues — all of it aimed at the November elections.

    “They keep saying ‘a strong return to school,’ but there’s no details,” said Saundra Davis on Fox News over the summer, co-founder of one large group, called the Open Fairfax Public Schools Coalition. “Their attention is on other things, like their pet projects and social justice issues, and the kids have been left to flounder and there’s still no plan for fall.”

    “You’ll be surprised to know I’m a Democrat,” she said. “I’ve tried to warn them that there’s a bipartisan tidal wave coming their way. They don’t look us in the eye, they don’t write us back. If we can’t recall them one by one, there’s an election in November.”

    Ignore the parts where the writer regurgitates Democratic Party talking points (“for the portion of the Republican base heavily predisposed to racial prejudice,” “Few people read the full 1619 Project put out by the New York Times in 2019, which is a rich tapestry of thoughtful essays and reporting about the role of slavery in the development of the United States.”) and pay attention to what the focus group members of all races are saying. “The Democratic problem with working-class voters goes far beyond white people.”

  • Evidently one American sport is willing to stand up to China: Women’s tennis.

    The head of the Women’s Tennis Association Steve Simon has said he is willing to lose hundreds of millions of dollars worth of business in China if tennis player Peng Shuai’s safety is not fully accounted for and her allegations are not properly investigated.

    “We’re definitely willing to pull our business and deal with all the complications that come with it,” Simon said in an interview Thursday with CNN. “Because this is certainly, this is bigger than the business,” added Simon.

    “Women need to be respected and not censored,” said Simon.

    Peng, who is one of China’s most recognizable sports stars, has not been seen in public since she accused former Vice Premier Zhang Gaoli of coercing her into sex at his home, according to screenshots of a since-deleted social media post dated November 2.

    Her post on Weibo, China’s Twitter-like platform, was deleted within 30 minutes of publication, with Chinese censors moving swiftly to wipe out any mention of the accusation online. Her Weibo account, which has more than half a million followers, is still blocked from searchers on the platform.

  • Speaking of victims being pressured not to speak of rape, “Mom of Loudon County rape victim says family was told to keep quiet.”

    The mother of a Virginia girl who was raped by a classmate inside a school bathroom reportedly said that she and her husband had been pressured to keep quiet about the incident — and had no clue the 15-year-old boy was then transferred to another school until last month.

    “We were silenced for many months,” Jessica Smith told the Daily Mail in her first interview since her daughter was raped at Stone Bridge High School in Loudoun County in May. “We were told not to say a word that could jeopardize our daughter’s case.”

    The boy was found guilty last month of the sexual attack, which sparked a heated confrontation between the victim’s father and school board members.

    There seem to be no crimes the left wing won’t condone in their quest to impose “Social Justice” on resisting Americans.

  • “Missouri Mom Banned From School Board Meeting For Showing Board Members ‘Porn’ Allegedly Available To Students.”
  • Now that Flu Manchu is striking blue northern states much harder than red southern ones, the media seems suddenly disinterested in accusing governors of being merchants of death.
    

  • Joe Rogan savages critics calling black Republicans ‘black white supremacists’: ‘They’re out of their f***ing mind.”
  • Unbelievable:

  • “House Speaker Nancy Pelosi confirmed Thursday that Democrats’ $2 trillion reconciliation bill will force American taxpayers to fund abortions.”
  • Heh: “DeSantis Signs Anti-Vaccine Mandate Package in Brandon, Fla.” “The new law will require employers to allow vaccine exemptions over health, religion, pregnancy, and expected pregnancies in the future, as well as recovery from a previous case of the China flu.” (Hat tip: Stephen Green at Instapundit.)
  • “A Virginia university has placed an assistant professor on administrative leave after the educator sparked heated backlash for saying it isn’t necessarily immoral for adults to be sexually attracted to children.” Allyn Walker, step right up, you’re the next contestant on The Perv is Wrong!
  • St. Paul passes rent control legislation. Result: Developers start pulling the plug on projects.
  • This week marked the 50th anniversary of the world’s first microprocessor, the Intel 4004. There have been a lot of milestones on the road to the high tech world we live in today, but that was one of the biggest.
  • The rare good kind of irony: A team of firefighters was practicing water rescue when a car drove into the water and they had to perform a real water rescue.
  • Bill introduced to designate the Muslim Brotherhood a terrorist organization.
  • Elke Kahr, an actual communist elected mayor of Graz, Austria. That country really does seem to be going to hell lately…
  • After exposure from Texas gubernatorial candidate Don Huffines, Department of Family and Protective Services backs down on requiring employees to take a Critical Race Theory class.
  • The red-pilling of Bill Maher continues apace:

    “I get it! Your ideas are stupid!” Though his “I’m going to pause here for the applause” delivery here is still annoying.

  • You may be macho, but you’ll never be swim out to pull a 400 pound drowning bear back to shore macho. (Hat tip: Instapundit.)
  • The German islands linked by tiny railroads.
  • “Oh No! 85,000 Trump Ballots Found Inside Biden’s Colon.”
  • Boom! “USNS Harvey Milk To Be Manned Entirely By Crew Of Underage Boys.”
  • Cute dog video:

  • I had another dozen or two links I didn’t get to because the Rittenhouse news dropped. Maybe I’ll do another mini-swarm Thanksgiving week…