Posts Tagged ‘John Roberts’

LinkSwarm For March 7, 2025

Friday, March 7th, 2025

The Supreme Court lands on both sides of the same case, more fraud uncovered by DOGE, the Russo-Ukrainian War continues despite the White House dustup, Mark Steyn catches a break, and strange cell(block) fellows.

It’s the Friday LinkSwarm!

  • The Supreme Court giveth: “Supreme Court pumps brakes on order forcing Trump to shell out $2B in foreign aid.”

    Supreme Court Chief Justice John Roberts pumped the brakes on a lower court order that gave the Trump administration a midnight deadline Wednesday into Thursday to unfreeze $2 billion worth of foreign aid.

    Roberts paused the order Wednesday until further notice and gave plaintiffs suing the Trump administration until noon Friday to respond, marking the first time the Supreme Court has dealt with a case involving the president’s push to overhaul the federal government.

    The question at hand is the Trump administration’s 90-day freeze on US Agency for International Development spending amid a review to ensure the outlays were aligned with the president’s policies.

    District Judge Amir Ali, who was appointed to the bench by former President Joe Biden, temporarily mandated that the funds continue flowing while considering the case.

    Plaintiffs argued that the Trump administration did not properly unfreeze all of the money, which led to Ali giving the Trump administration a deadline of 11:59 p.m. Wednesday to fully comply.

  • And the Supreme Court taketh away. “The Supreme Court has *upheld* a lower court’s order forcing USAID/State to immediately pay ~$2 billion owed to contractors for work they’ve already performed….The court in a 5-4 decision upheld Washington-based U.S. District Judge Amir Ali’s order that had called on the administration to promptly release funding to contractors and recipients of grants from the U.S. Agency for International Development and the State Department for their past work.”
  • Mexico Extradites 29 Cartel Drug Lords To US As Trump Not Backing Away From Tariff War.”

    The US Justice Department revealed Thursday evening that Mexico has begun extraditing dozens of high-level cartel leaders to the US, as President Trump reiterated that 25% tariffs on Mexican goods will take effect next Tuesday.

    “The defendants taken into US custody today include leaders and managers of drug cartels recently designated as Foreign Terrorist Organizations and Specially Designated Global Terrorists,” the DoJ wrote in a statement, adding these terrorists are facing charges including racketeering, drug-trafficking, murder, illegal use of firearms, money laundering, and other crimes.

    Mexico’s Attorney General’s Office and Secretariat of Security and Citizen Protection released this statement: “This morning, 29 people who were deprived of their liberty in different penitentiary centers in the country were transferred to the United States of America, which were required due to their links with criminal organizations for drug trafficking, among other crimes.”

    The tariffs are currently on hold. CNN has a list of who was exchanged, including Rafael Caro Quintero, Alder Marin-Sotelo, Andrew Clark, José Ángel Canobbio Inzunza, Norberto Valencia González, José Alberto García Vilano, Evaristo Cruz Sánchez, Miguel and Omar Treviño Morales.

  • We touched on this in a previous LinkSwarm, but here’s more details on Stacey Abrams EPA-backed multi-billion dollar slush fund.

    Three short weeks ago, a newly confirmed Lee Zeldin got to his office at the Environmental Protection Agency (EPA) and hit the broom closet to start sweeping.

    Thanks to the previous braggadocious occupants and their already well-documented pre-exit shoveling of cash and grants out the door, he had an inkling there might be plenty of questionable transactions to uncover that hadn’t exactly been notated ‘on the books’ or done ‘by the book’ either.

    I mean, what were the odds?

    It didn’t take long for Zeldin to find himself a whopper of a honeypot hidden away that made quite a splash when he announced it, particularly as it was tied to an infamous Project Veritas video from December boasting about its very surreptitious creation.

    David covered the reveal.

    Project Veritas dropped a shocker of a video back in December, in which an EPA manager was bragging that the Biden administration was metaphorically ‘dropping gold bars off the Titanic.’ They were shoving every dime they could out to their NGO buddies so they could harass the Trump administration and continue to suck off the taxpayers’ teat for years to come.

    We all know such things happen, but to have it so vividly described was revealing.

    Well, Lee Zeldin is retrieving those gold bars, and it turns out to be a lot of them. $20 billion, all sitting in the equivalent of a bank vault.

    The massive scale of this scam–which as with so many things is SOP at government agencies–blows your mind. Pushing $20 billion out the door to friends of the administration with little to no financial controls, zero accountability, and lots of malice aforethought is only different in scale and not in kind.

    Snip.

    …It’s a green slush fund. $20B parked at an outside bank towards the end of the Biden administration, given to just eight NGOs…These NGOs were created for the first time, many of them just to get this money. And their pass-throughs…So the EPA entered into this account control agreement with these entities, Treasury enters into a financial agent agreement with the bank, and they design it to tie the EPA’s hands behind their back -to tie the federal government’s hands behind its back. So when the money goes through the NGOs to subgrantees, many of them also pass-throughs, we don’t know where it’s going. We don’t have the proper amount of oversight. And, as you pointed out, it’s going to people in the Obama and Biden administrations, it’s going to donors. It’s not going directly…to remediate that environmental issue…deliver that clean air…’

    This is just some stunning stuff. As Zeldin told the NY Post:

    …As Zeldin told The Post: “Of the eight pass-through entities that received funding from the pot of $20 billion in tax dollars, various recipients have shown very little qualification to handle a single dollar, let alone several billions of dollars.”

    He’s called for the EPA’s inspector general to investigate; who knows what other rank misuse that might turn up.

    Bondi and Patel are already on the case, and I hope someone from Scott Bessent’s Treasury IG thinks they should be as well.

    Crawl up their collective butts, the lot of them.

    No wonder Democrats continued to treat Abrams like a rock star despite high profile electoral flameouts. She’s evidently a vitally important nexus in their graft distribution schemes. (Hat tip: Stephen Green at Instapundit.)

  • Victor Davis Hanson on the Trump Counterrevolution.

    At some point, some president was going to have to stop the unsustainable spending and borrowing.

    To have any country left, some president would eventually have had to restore a nonexistent border and stop the influx of 3 million illegal aliens a year.

    Some commander-in-chief finally would have to try to stop the theater wars abroad.

    But any president who dared to do any of that would be damned for curbing the madness that his predecessors fueled.

    And so none did—until now.

    Not since Franklin Roosevelt’s rapid and mass implementation of the New Deal administrative state have Americans seen such radical changes so quickly as now in Trump’s first month of governance.

    Americans are watching a long-awaited counter-revolution to bring the country out of its madness by restoring the common sense of the recent past.

    It is easy to run up massive debts and hard to pay them back. Politicians profit by handing out grants and hiring thousands with someone else’s money or creating new programs by growing the debt.

    Yet it is unpopular and considered “mean” to spend only what you have and to create a lean, competent workforce.

    1776, not 1619, is the foundational date of America.

    Biological men should not manipulate their greater size and strength to undermine the hard-won accomplishment of women athletes.

    Affordable fossil fuels, when used wisely, are still essential to modern prosperity.

    American education must remain empirical and inductive, not regress into indoctrination and deduction. If college campuses no longer abide by the Bill of Rights, then perhaps they should pay taxes on income from their endowments and guarantee their own student loans.

    If American citizens are arrested and arraigned for violent assaults, destroying property, and resisting arrest, then surely foreign students who break the laws of their hosts should be held to the same account—and if guilty, go home.

    Tribalism and racialism, and government spoils allotted by superficial appearances, are the marks of a pre-civilized society. Such racialism leads only to endless factions and discord.

    It is easy to destroy a border, and hard to reconstruct it. And it was not Trump who invited in 12 million unaudited illegal aliens, a half million of them criminals.

    Who is the real culprit in the Defense Department—the new secretary with the hard task of restoring the idea among depleted ranks that our race, religion, and gender are incidental, not essential, to defeating the enemy and ensuring our national security?

    Is it really wise to divert money from needed combat units and weapons to indoctrinate recruits with social and cultural agendas that do not enhance, but likely undermine, our national defenses?

    Who is the real callous actor—Elon Musk, who is trying to prevent the country from insolvency by eliminating fraud and waste, or those who bloated the bureaucracy in the first place with jobs and subsidies for their constituents, friends, clients, and fellow ideologues?

    No one likes to fire FBI agents.

    That certainly is an unpleasant job for the new FBI Director, Kash Patel.

    But again, who are the true culprits who so cavalierly turned a hallowed agenda into a weaponized tool to warp elections, harass political enemies, lie under oath, surveil parents at school board meetings, doctor court documents, and protect insider friends?

    Massive borrowing is an opiate addiction that needs shock treatment, not more deficits to break the habit. An unchecked administrative state becomes an organic organism that exists only to grow larger, more powerful, and more resistant to any who seek to curb it.

  • “DOGE reveals most savings at Dept. of Education with nearly $1B cut. DOGE claims to have saved the most money at the U.S. Department of Education out of any government agency through cuts in wasteful spending. DOGE launched an ‘Agency Efficiency Leaderboard’ that ranks government agencies based on how much wasteful funding has been cut, and the Dept. of Education is ranked in first place.”

    Campus Reform reported that DOGE has canceled nearly $900 million in contracts and training grants at the Department of Education.

    This includes “over $600 million in grants to institutions and nonprofits that were using taxpayer funds to train teachers and education agencies on divisive ideologies” such as critical race theory (CRT) and diversity, equity, and inclusion (DEI), according to a press release from the department.

    (Hat tip: Instapundit.)

  • DEI Was the Biggest Con of the Century.

    “Diversity” had already been around for many years, its hustler scratching at the university door. Not actual diversity, mind you, but the skin-deep diversity of noxious racialism tarted-up with fake Enlightenment discourse. This concept of “diversity, equity, inclusion” quickly metastasized until it was everywhere, and this was no accident. It was a bureaucratic initiative designed to anchor a new raft of social justice programs as an inescapable presence on the campus.

    It was no accident that it was violence and the threat of violence that opened the door for this effervescence of DEI. It sounded absurd. I knew it was absurd; I knew it was a con. Most people likely knew it was a con but then most people on the campuses also knew to keep their mouths shut in a time of hair-trigger tempers and performative chaos unleashed by well-funded activist groups. No college administration wanted the summer violence of 2020 overflowing onto the campuses. And so they opened the university to barbarian ideas rather than the barbarians themselves.

    This was the madness of crowds brought en masse onto the campuses, and it was wildly successful. It achieved this success with a superb combination of psychological factors—relentless hustling, a primitive ideology suffused with mysticism and “indigenous knowledges,” and the barely concealed violent urges of quasi-communist and terroristic revolutionaries. All of this shielded from criticism and even the mildest of questioning.

    You knew something was terribly wrong with it.

    Anyone on a college campus subjected to the mediocrity of a DEI hustler knew there was something wrong with it.

    It was not noble. It was not idealistic. It was not the many wonderful things its proponents said. It was one thing to the public, and it was another altogether when enacted on the campuses. It was weird and alien and hateful at its core, but the public is rarely exposed to any of this. It was the classic Potemkin village offering, with a façade masking a brute, racialist substance.

    In other words, it was a con. In fact, it was the biggest Con Story of the 21st century, with America’s universities the biggest suckers imaginable. And the crowning achievement of Western civilization—the modern university—tottered under the assault of mediocrity, racialism, and pseudoscience.

    I suppose that folks duped by the big cons will eventually retreat in their embarrassment at having been fooled by one of the shadiest Con Stories ever deployed. Even now, DEI is in retreat. As it plays out in its final act, I assure you that it will dissipate in a flurry of new acronyms and new labels designed to hide its failure.

    Its proponents will roll out new slogans to replace the vapid “Diversity is our strength.” Already, “inclusive excellence” is supplanting DEI as this trusty acronym becomes freighted with failure. The Con Story will morph and adapt. Reluctantly. Buzzwords will change, new slogans will be coined, but the underlying ideology will remain the same as it always has. It must serve yeoman’s duty for the Big Con.

    That’s from Stanley K. Ridgley’s DEI Exposed: How the Biggest Con of the Century Almost Toppled Higher Education.

  • A bill came up in the senate to block men from women’s sports and every Democrat voted against it. The social justice hive mind is still controlling the Democrat party.
  • California Democratic Governor Gavin Newsom, however, has broke ranks on men playing women’s sports. Sort of. Kinda. “Notice that at no point does Newsom add, ‘And thus, I will be pushing to repeal the 2013 law that gave students the right to participate in sex-segregated programs, activities and facilities based on their self-identification and regardless of their birth gender.’ He feels that those born male participating in women’s sports is unfair, but not quite strongly enough to do anything about it.”
  • In California, a boy pretending to be a girl won the triple jump by eight feet.
  • Guaranteed Income scheme once again fails to improve lives of recipients. “Receiving guaranteed income had no impact on the labor supply of full-time workers, but part-time workers had a lower labor market participation by 13 percentage points.” And recipients smoked more. (Hat tip: Director Blue.)
  • In 2024, the EU spent more money on Russian energy than in aid for Ukraine.
  • Ukraine hits a refinery complex 1,500km inside Russia.
  • George Friedman thinks Russia has already lost the war.

    The first and most important question is whether Russia has lost the war. Wars are fought with an intent formed by an imperative. A prudent leader has to take steps to avoid the worst possible outcome, and Putin, as a prudent leader, prepared for the possibility that NATO would choose to attack Russia. He expressed this fear publicly so the only question was how to block an attack if it occurred. He needed a buffer zone to significantly impede a possible assault.

    That buffer was Ukraine, and he on several occasions expressed regret that Ukraine had separated from Russia. The distance from the Ukraine border to Moscow, on highway M3, is only about 300 miles (480 kilometers). Russia’s nightmare was that Germany could surge its way to Moscow. Three hundred miles by a massive force staging a surprise attack is not a huge distance. He rationally needed Ukraine to widen the gap.

    I predicted years before the war that Russia would invade Ukraine to regain its buffers. That Russia wanted to take the whole of Ukraine is confirmed in its first forays into the country. The initial assault was a four-pronged attack, one thrust from the east, two from the north and one from the south via Crimea. The two northern prongs were directed at the center of Ukraine and its capital, Kyiv.

    Details of the failure of that plan snipped since I covered that as it was happening.

    It is clear that the Russians intended to take all of Ukraine. They made minor gains in the east, but their northern penetration failed, as did any attempts to turn westward. It is true that they have gained territory in Ukraine, but it is far from what their initial war plan was designed for. Now their argument is that they never wanted more territory in other parts of the country.

    To call this a Russian success is false, and to call a failed war plan a defeat is reasonable. The war was meant to gain a buffer against NATO, and in that, Moscow failed. But it was also intended to be a demonstration that Russia was still a great power. After three years, a major commitment and, by most reports, close to a million dead Russian soldiers, Russia has little more than 20 percent of Ukraine. It also failed to demonstrate the power of the Russian army. Therefore, except for its nuclear capabilities, it is not a military threat or a great power.

    The issue now is whether Russia, assuming it agrees to some kind of negotiated settlement, can launch another war. Here it’s important to note that while Putin is powerful, he is not an absolute ruler. He cannot govern Russia the way, say, Stalin did. Under Stalin, Moscow ruled Russia down to the smallest homes in the smallest villages. He ruled not only through military and law enforcement but also through the rank-and-file members of the Communist Party who drew benefits from their membership in return for vigilance. They reported misdeeds, real and imagined, to the internal police, which was controlled by the party, which was controlled by the Politburo, which was controlled by Stalin. Later iterations would be slightly less deadly, but the instruments of oppression were always there.

    The collapse of the Soviet Union meant the collapse of the Communist Party. The structure of terror no longer functioned.

    Putin’s goal was to resurrect Russia. But with the Communist Party gone, the state structure was also gone. Putin had to find a new base. He had only one source of power: the oligarchs. Between Mikhail Gorbachev and Putin, the party’s assets were sold off to private citizens on the basis of their relationship with the government. The agreement was simple: Putin and his subordinates distributed vast industries and other things of value to the new oligarchs, who pledged to support the regime with money and deference, as well as a network of political and economic relationships that gave them significant influence.

    Putin handled the politics — and apparently was well paid. The oligarchs became fabulously wealthy, and for most Russians life improved, as the new arrangement ended the terror and created employment. Disagreement was no longer a capital offense, and the media was comparatively independent and reliable. It was not long before the new private enterprises started entering the global market.

    Putin was in charge at first, but in short order power was transferred to the oligarchs who underwrote the regime. They depended on access to European markets for their revenue, and many lived outside of Russia and expected Putin to facilitate trade. But when Putin’s initial invasion of Ukraine in February 2022 failed, many of the most lucrative markets closed their doors to the oligarchs and Western investment cratered. Putin ordered the oligarchs to return to Russia, which many did. However, some of the oligarchs were not happy with their former patron and left Russia permanently, or until the political and economic environment would shift. That this has gone on for three years has created serious problems for them. They wanted the war over and a settlement reached long ago.

    Snip.

    Putin must end the war and hope for the best. The best way to end a failed war is to declare victory and go home. Putin is declaring victory by saying he got all he wanted. But only Americans believe that. The Russians know they lost. The question is not how Putin will suppress dissent. It is how he will deal with the devils he created, and how the country responds if he doesn’t. A reign of terror might help, but there is no mechanism to carry it out now, and later is too late.

    U.S. President Donald Trump knows the game that is playing out. The one who blinks loses. It won’t be Trump. He will take every bit of power and every cent he can from Putin’s weakness. Like a good hedge fund manager, one moment he says he is Putin’s friend, the next moment he will walk away from the deal. Then, after the borrower really starts sweating, he will come back. Trump holds the cards in this business. And he wants some of Putin’s economic and geopolitical power.

    Read the whole thing. (Hat tip: Mark Tapscott at Instapundit.)

  • How SpaceX’s Starship could become a tremendous military asset.

    What SpaceX is building is more than just a rocket. Starship is a strategic weapon, not as a one-off but as a fleet. A fully reusable heavy-lift system capable of hauling 200 tons per launch per rocket is not just an engineering marvel: it’s a military revolution.

    Why? Because a fleet of Starships could land an entire armored division anywhere on Earth in under an hour and keep it supplied in the field.

    Just as the speed of tanks revolutionized warfare between the World Wars, this development changes everything. Forget C-17s and cargo ships: you might as well use horses and wagons. A fleet of Starships is not just an incremental improvement in logistics: it’s a fundamental shift in the nature of warfare. The ability to almost instantaneously create and reinforce a whole combat theater anywhere on Earth will give the United States overwhelming power, unlike anything heretofore seen outside of science fiction.

    And let me stress: we’re not just talking about the initial deployment. The bigger deal is the resupply. It took six months in 1990-91 for the United States to get its forces in position to invade Kuwait. Maintaining them in the field required a constant stream of slow-moving cargo ships from U.S. ports halfway around the world. A decade later, and for 20 years thereafter, a similar supply chain ran through Karachi, Pakistan, up a rail line, then on truck convoys over the Khyber Pass. Since that was often impractical (there were these pesky Taliban guys about), the military frequently had to rely on the only available alternative, a grueling 36 hours on a C-17 (including layovers). All of this depended on deals with shady, unfriendly countries, subsidies (bribes), and endless risk of attacks on our personnel.

    What if you could ship everything you wanted anywhere in the world straight from Texas? Or Florida? Or anywhere else? In under an hour?

    Wars are often won by those who can move the fastest, supply the best, and sustain their forces longest. A conflict in Taiwan or the Baltics could see adversaries complete their objectives before the U.S. military can even begin meaningful counter-operations.

    Starship negates all these timelines. Instead of waiting days or weeks for military assets to arrive by conventional means, forces could be on the ground on the same day as an invasion. No need for prepositioned stockpiles, forward operating bases, or painfully slow sealift capabilities. Those days are over.

    In a Taiwan crisis, Starship could land American armor and mechanized infantry before the People’s Liberation Army (PLA) finishes crossing the Strait. It would change the strategic calculus entirely. Every U.S. war game predicting Taiwan’s fall under a rapid Chinese assault assumes conventional response times. Starship forces a complete rethink, for both sides. It will allow American forces to arrive in time to fight the decisive battle, not the delayed counter-offensive.

    I think the Starship assembly timeline is a bit optimistic, but point-to-point global logistics really is a game-changer. (Hat tip: Mark Tapscott at Instapundit.)

  • So what are Maryland Democrats pushing to win back ordinary Americans? Condoms for elementary school kids and repirations for slavery.
  • French theater invites illegal aliens in for for free event. Illegal aliens promptly take over theater and refuse to leave.
  • Behold the modern Democratic Party’s id, where they refuse to applaud a teenage brain cancer survivor for fear of setting aside their Trump Derangement Syndrome for even a second.
  • California is getting the energy policy it deserves, good and hard.

    Back when I served in the California State Assembly from 2004 to 2010, California ranked 7th or 8th in the nation for electricity costs. At the time, the Democratic majority in Sacramento was pushing bill after bill mandating greater reliance on renewable energy, assuring everyone that these policies would make us look like “geniuses” when the price of fossil fuels inevitably soared.

    I warned that these laws, regulations and subsidies would instead drive up electricity costs for Californians, making the grid less reliable and California’s economy less competitive.

    Now, two decades later, the results are in. In 2024, the U.S. Energy Information Administration (EIA) reported that California had the second-highest electricity prices in the nation for the second year running, behind only Hawaii. The Golden State’s misguided energy policies have steadily increased the price of electricity as green energy mandates, grid instability and regulatory burdens have taken their toll. Meanwhile, states with more balanced energy policies — natural gas, coal and nuclear power — have fared far better.

    What’s worse, California’s natural advantage in AI will be lost to Texas and other low-cost energy states. California’s industrial electricity prices averaged 21.98 cents per kilowatt-hour in 2023 vs. 6.26 in Texas, a whopping 251% price premium that no electricity-hungry AI installation or server farm operator is going to pay.

    The core issue is simple: California’s policymakers prioritized renewable energy mandates over affordability and reliability. Over the years, they have forced utilities to integrate ever-growing amounts of wind and solar power while discouraging natural gas, nuclear and large-scale hydroelectric projects. These decisions ignored the reality that intermittent renewables require extensive grid upgrades, costly backup power sources and expensive storage solutions — all of which drive up costs for consumers and industry.

    California’s high electricity prices are not an accident; they are a direct consequence of these policies. The state’s cap-and-trade system, restrictive permitting laws and mandates like the Renewable Portfolio Standard (which requires utilities to generate 60% of their electricity from renewables by 2030) have all contributed to rising rates.

    At the same time, bureaucratic obstacles have made it nearly impossible to build new natural gas plants or modernize existing infrastructure. From 2014 to 2024, California approved or built only five natural gas plants, four of which replaced older facilities for a total output of up to 4 gigawatts. By comparison, in the prior 10 years, California commissioned dozens of plants totaling more than 20 gigawatts of nameplate capacity.

  • “Union Prez On Gov’t Payroll Was Banned From Federal Buildings For Sexual Misconduct, Sources Say. Witold Skwierczynski was paid by taxpayers for 34 years without working a single hour for the government.”
  • Clueless Veep pick Tim Walz says he’s willing to run for president. I believe the whole Republican Party encourages him to run…
  • Could all of Biden’s evil be undone by the fact that he didn’t sign any of his own laws? Seems unlikely, but it’s worth a shot… (Hat tip: Charlie Martin at Instapundit.)
  • Follow-up: Remember the guy who opened fire at a band competition before being tackled by four band parents? He died in the hospital.
  • “Honors student sues Connecticut school district for not teaching her to read and write. Meet Aleysha Ortiz, a 19-year-old who graduated with honors from Hartford Public High School in Connecticut. It would seem congratulations are in order … except she says she’s functionally illiterate.”
  • A scandal at the Texas State Soil and Water Conservation Board suggest that dirty dirt politics are afoot…
  • Yo dawg, Serbian parliament is lit.
  • Christi Craddick, Don Huffines Announce Candidacies for Texas Comptroller” in 2026. This is after existing Comptroller Glenn Hegar resigned to become Texas A&M System Chancellor.
  • Convicted crypto fraudster Sam Bankman-Fried is sharing a cellblock with Sean “Diddy” Combs. If either of them have any of their money left when (if) they get released, the release party is going to be off the hook…
  • The punitive judgement against Mark Steyn in Mann vs. Steyn has been reduced from $1 million to $5,000. (Hat tip: Evil Blogger Lady.)
  • Which country has the world’s top four bestselling whiskies, America or Scotland? Neither. It’s India.
  • How a Greek fascist youth organization worked with the allies against the Nazis. Bonus: Their primary symbol is now used by lesbian feminists…
  • “FBI Investigation Shows Epstein List Shredded Itself.”
  • “Europe Pledges To Send Ukraine Their Entire Military Might Of 3 Panzer Tanks And A Nazi Motorcycle With A Sidecar.”
  • That is one happy, grateful dog.

    (Hat tip: Ace of Spades HQ.)

  • I’m between jobs again. Feel free to hit the tip jar if you’re so inclined.





    Supreme Court Strikes Down California’s Church Service Ban

    Saturday, February 6th, 2021

    Evidently Americans do continue to enjoy some modest minimum of freedom of religion, as the Supreme Court just struck down California’s ban on indoor church services:

    Late Friday evening, the Supreme Court, in South Bay United Pentecostal Church v. Newsom, issued emergency relief suspending California’s broad ban on indoor religious services. The Court ruled that California was “enjoined from enforcing the . . . prohibition on indoor worship services . . . pending disposition of the petition for a writ of certiorari.” The order is limited: Relief was “denied with respect to the [25%] percentage capacity limitations” and denied with respect to the prohibition on singing and chanting during indoor services,” although the Court left the door open to hear any “new evidence . . . that the State is not applying the percentage capacity limitations or the prohibition on singing and chanting in a generally applicable manner.” This lifts some of the most stringent restrictions on religious services in the country. Justices Thomas, Gorsuch, and Alito wanted to grant broader relief on these fronts; Justices Barrett and Kavanaugh thought the evidentiary record was too unclear.

    The Court was yet again divided on these issues, but not entirely along the same lines as in prior cases. Chief Justice Roberts, who dissented when the Court ruled against Andrew Cuomo’s restrictions in November, reiterated his view that courts should defer to elected officials and public-health experts, but thought that California had gone too far this time: “The State’s present determination — that the maximum number of adherents who can safely worship in the most cavernous cathedral is zero — appears to reflect not expertise or discretion, but instead insufficient appreciation or consideration of the interests at stake.” Justice Gorsuch argued that California was overgeneralizing the risks of religious services:

    California . . . insists that religious worship is so different that it demands especially onerous regulation. The State offers essentially four reasons why: It says that religious exercises involve (1) large numbers of people mixing from different households; (2) in close physical proximity; (3) for extended periods; (4) with singing . . . California errs to the extent it suggests its four factors are always present in worship, or always absent from the other secular activities its regulations allow. Nor has California sought to explain why it cannot address its legitimate concerns with rules short of a total ban . . .

    On further inspection, the singing ban may not be what it first appears. It seems California’s powerful entertainment industry has won an exemption. So, once more, we appear to have a State playing favorites during a pandemic, expending considerable effort to protect lucrative industries (casinos in Nevada; movie studios in California) while denying similar largesse to its faithful. . . . Even if a full congregation singing hymns is too risky, California does not explain why even a single masked cantor cannot lead worship behind a mask and a plexiglass shield. Or why even a lone muezzin may not sing the call to prayer from a remote location inside a mosque as worshippers file in.

    Gorsuch concluded:

    [California’s] “temporary” ban on indoor worship has been in place since August 2020, and applied routinely since March. California no longer asks its movie studios, malls, and manicurists to wait. And one could be forgiven for doubting its asserted timeline. Government actors have been moving the goalposts on pandemic-related sacrifices for months, adopting new benchmarks that always seem to put restoration of liberty just around the corner. As this crisis enters its second year — and hovers over a second Lent, a second Passover, and a second Ramadan — it is too late for the State to defend extreme measures with claims of temporary exigency, if it ever could. Drafting narrowly tailored regulations can be difficult. But if Hollywood may host a studio audience or film a singing competition while not a single soul may enter California’s churches, synagogues, and mosques, something has gone seriously awry.

    The three liberal justices dissented, asserting that the opinions of unelected experts should trump enumerated constitutional rights.

    LinkSwarm for November 23, 2018

    Friday, November 23rd, 2018

    Hope everyone had a great Thanksgiving! I for one am stuffed…

    For those freaking out about Chief Justice Roberts saying there are no Democratic or Republican judges…¯\_(ツ)_/¯. He’s the head of a co-equal branch of the United States federal government, of course he’s going to defend the institutional independence of the court, no matter the evidence to the contrary. It’s pretty much required for his position.

    Now here’s a LinkSwarm to enjoy before girding your loins to do battle over a $99 stereo marked down to $69…

  • “Is this NYT article really about how people are exhausted or is it about how the Democratic Party needs to admit it has a problem? The end of the article sounds like a loud wake-up alarm for Democrats.”
  • I’m so old I remember when the American Civil Liberties Union actually cared about Civil Liberties:

    Future historians will have to reconstruct exactly how and why the tipping point has been reached, but the ACLU’s actions over the last couple of months show that the ACLU is no longer a civil libertarian organization in any meaningful sense, but just another left-wing pressure group, albeit one with a civil libertarian history.

    First, the ACLU ran an anti-Brett Kavanaugh video ad that relied entirely on something that no committed civil libertarian would countenance, guilt by association. And not just guilt by association, but guilt by association with individuals that Kavanaugh wasn’t actually associated with in any way, except that they were all men who like Kavanaugh had been accused of serious sexual misconduct. The literal point of the ad is that Bill Clinton, Harvey Weinstein, and Bill Cosby were accused of sexual misconduct, they denied it but were actually guilty; therefore, Brett Kavanaugh, also having been accused of sexual misconduct, and also having denied it, is likely guilty too.

    Can you imagine back in the 1950s the ACLU running an ad with the theme, “Earl Warren has been accused of being a Communist. He denies it. But Alger Hiss and and Julius Rosenberg were also accused of being Communists, they denied it, but they were lying. So Earl Warren is likely lying, too?”

    Meanwhile, yesterday, the Department of Education released a proposed new Title IX regulation that provides for due process rights for accused students that had been prohibited by Obama-era guidance. Shockingly, even to those of us who have followed the ACLU’s long, slow decline, the ACLU tweeted in reponse that the proposed regulation “promotes an unfair process, inappropriately favoring the accused.” Even longtime ACLU critics are choking on the ACLU, of all organizations, claiming that due process protections “inappropriately favor the accuse.”

    The ACLU had a clear choice between the identitarian politics of the feminist hard left, and retaining some semblance of its traditional commitment to fair process. It chose the former. And that along with the Kavanaugh ad signals the final end of the ACLU as we knew it. RIP.

    (Hat tip: Instapundit.)

  • Reminder: The Rev. Jim Jones was a big wheel in San Francisco’s far-left Democratic party establishment:

    Having moved his flock to northern California in the 1960s, Jones began leveraging their labor toward political ends, volunteering them for protests or electioneering on behalf of friendly aspirants to public office. Gaining the respect of San Francisco’s political class, Jones became a player in his own right. Many gave him credit for Moscone’s tight victory in the 1975 mayoral runoff, and he was appointed head of the San Francisco Housing Authority. Praised as a hero of social justice and a crusader for racial equality, Jones became an important figure in Democratic politics.

    Among his advocates was Harvey Milk, also a newcomer to San Francisco. Milk, formerly a Goldwater Republican, became politically radical in California and repeatedly sought election to office as an outsider to the political machine. Milk attended services at Peoples Temple dozens of times, and wrote effusive letters to Jones. “Such greatness I have found in Jim Jones’s Peoples Temple,” Milk proclaimed.

    Milk wasn’t Jones’s only fan. Many powerful people—Governor Jerry Brown, columnist Herb Caen, and Vice President Walter Mondale, to name a few—sought Jones’s blessings and expressed admiration for his dedication to racial equality and a better world. Flynn does a good job of laying out the social and political landscape of the Bay Area in the late seventies and situating the bizarre respect that the Jones cult received within the general fruitiness of the era. Jim Jones’s Bay Area was the same milieu that gave rise to the Zodiac killer, the lost-in-time Zebra murders, and the depredations of the Symbionese Liberation Army. In that context, a wacky preacher who healed the sick and ran drug-treatment centers while promising a racially unified heaven on earth seemed like a salutary influence by comparison.

    Snip.

    Jim Jones’s connection to mainstream Democratic politics has been suppressed. He and the Peoples Temple, which exalted racial diversity and social justice, have been cast as harrowing examples of Christian religious extremism, though Jones preached atheism and ordered his followers to use the Bible as toilet paper. A roster of leaders who remain dominant figures in California politics today embraced Jones publically. Jerry Brown, then and now governor of the state, approvingly visited the Peoples Temple, and Senator Dianne Feinstein, who ascended to the mayoralty upon Moscone’s assassination, joined the Board of Supervisors in honoring Jones. Willie Brown, longtime speaker of the California state assembly, a mayor of San Francisco, and the mentor of Senator Kamala Harris, was especially lavish in his praise of Jones, calling him “a combination of Martin Luther King, Jr., Angela Davis, Albert Einstein, and Chairman Mao.”

  • Another day, another Antifa riot in Portland. (Hat tip: The Other McCain.)
  • Iran threatens U.S. bases and aircraft carriers within missile range.” Boy, could Obama pick him some partners for peace or what? (Hat tip: Patrick Poole on Twitter.)
  • More than a quarter-million French take to blocking roads to protest high gas prices.
  • Reminder:

    So Jamal Khashoggi – a former Saudi intelligence agent, a man who was close to the Muslim Brotherhood and a sworn opponent of MBS’ reform program– was in the process of setting up a centre to promote the ideology of the MB. He was setting it up in Turkey with Qatari money. The Saudis wanted to stop him. In September they offered him $9 million to return to Saudi Arabia and to live there unhindered. They wanted him out of play. Khashoggi refused and the rest you know. The Saudis killed him.

    Let me make two points. First, there is no justification for murdering Khashoggi. Secondly, this man wasn’t some Western-oriented liberal brutally murdered because of his passion for freedom. This man was a player.

  • Five more MS-13 members deported from Houston by ICE. (Hat tip: Texas Governor Greg Abbott’s Twitter feed.)
  • Old and busted: “Believe in science.” The New Hotness: “Social justice Astrology is so cool!
  • Laura Loomer banned from Twitter. I have had zero interactions with Ms. Loomer, and she sounds like quite a piece of work, but banning her for criticizing a Muslim politician for supporting female genital mutilation is asinine.
  • 1. Become head of ABC programming. 2. Cancel Roseanne. C. Become ex-head of ABC programming.
  • Divorced Texas woman blows up wedding dress with twenty pounds of Tannerite.
  • “The greatest trick the devil ever pulled was to disappear.”
  • The DB Cooper hijacking mystery: solved?
  • I had more links planned for this LinkSwarm, but they got eaten along with the turkey…

    SCOTUS Upholds Trump Travel Ban

    Tuesday, June 26th, 2018

    In a 5-4 decision (Roberts writing the majority opinion, joined by Kennedy, Thomas, Alito and Gorsuch), the Supreme Court has upheld President Donald Trump’s travel ban from terrorism-supporting countries:

    Under the Immigration and Nationality Act, foreign nationals seeking entry into the United States undergo a vetting process to ensure that they satisfy the numerous requirements for admission. The Act also vests the Presi- dent with authority to restrict the entry of aliens when- ever he finds that their entry “would be detrimental to the interests of the United States.” 8 U. S. C. §1182(f). Relying on that delegation, the President concluded that it was necessary to impose entry restrictions on nationals of countries that do not share adequate information for an informed entry determination, or that otherwise present national security risks….

    By its plain language, §1182(f) grants the President broad discretion to suspend the entry of aliens into the United States. The President lawfully exercised that discretion based on his findings—following a worldwide, multi-agency review—that entry of the covered aliens would be detrimental to the national interest. And plaintiffs’ attempts to identify a conflict with other provisions in the INA, and their appeal to the statute’s purposes and legislative history, fail to overcome the clear statutory language….

    In addition to the majority opinion, Justice Clarence Thomas’ concurring opinion takes a very strong swipe at the Ninth Circuit Court’s increasing tendency to issue blanket, “universal” injunctions:

    Injunctions that prohibit the Executive Branch from applying a law or policy against anyone—often called “universal” or “nationwide” injunctions—have become increasingly common. District courts, including the one here, have begun imposing universal injunctions without considering their authority to grant such sweeping relief. These injunctions are beginning to take a toll on the federal court system—preventing legal questions from percolating through the federal courts, encouraging forum shopping, and making every case a national emergency for the courts and for the Executive Branch.

    I am skeptical that district courts have the authority to enter universal injunctions. These injunctions did not emerge until a century and a half after the founding. And they appear to be inconsistent with longstanding limits on equitable relief and the power of Article III courts. If their popularity continues, this Court must address their legality.

    The text of the decision is here.

    Fallout from the Supreme Court Affirmative Action Decision

    Thursday, April 24th, 2014

    The Supreme Court affirmed the decision of Michigan voters in banning Affirmative Action (i.e, discrimination based on race) in college admissions

    Conservatives and libertarians have a very simple position on racial discrimination:

  • “All men are created equal, and are endowed by their creator with certain inalienable rights.”
  • Individuals should “not be judged by the color of their skin, but by the content of their character.” (I’m going to assume that you recognize theses first two, slightly paraphrased quotes on their own.)
  • “Our Constitution is color-blind, and neither knows nor tolerates classes among citizens.” — Justice John Harlan, dissenting in Plessy v. Ferguson, 1896
  • “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” — Chief Justice John Roberts, in Ricci v. DeStefano, 2009
  • The liberal position can be paraphrased thus: “Racism requires racism, because racism.”

    What, you think that’s a bit reductio ad absurdum? Fine. How about:

    “Because the lingering effects of institutional racism continue to hold back historically disadvantaged groups*, the federal government must continue to impose preferential treatment for members of those groups.”

    “*Historically disadvantaged groups” are those that in pre-PC speak were referred to as “minorities.” Except of course, the Democratic Party’s current formulation excludes Asians from preferential treatment, resulting in systematic discrimination against them by colleges that practice Affirmative Action compared to less qualified black and Hispanic candidates.

    Left unsaid is when do we stop discriminating against people based on their race due to the “lingering effects” of racism? Why should someone born in 1996 (as those entering college this fall) be discriminated against due to laws scrapped three decades before they were born?

    It is also obvious that Affirmative Action sets up minorities to fail by mismatching them with institutions desperate for “diversity” where they will be at a disadvantage compared to brighter students. So someone who could have been in the middle of their class at, say, Texas Tech, is instead at the very bottom of the class at Harvard or Yale.

    Affirmative Action is a racist relic of bygone days and should be eliminated from a free, colorblind society.