Lawrence Person's BattleSwarm Blog

A federal judge in Texas has issued a preliminary injunction, stopping a new rule from the Biden administration requiring healthcare workers to receive the COVID vaccine as the case moves through the courts.

The injunction came from the U.S. District Court for the Northern District of Texas in Amarillo. The case was filed by Attorney General Ken Paxton on behalf of the State of Texas against Xavier Becerra, the U.S. Department of Health and Human Services secretary.

The injunction was sought against a federal rule that would have required employers that receive Medicaid and Medicare funds—namely hospitals and other healthcare providers—to require their employees to receive a COVID vaccine as a condition of employment.

Judge Matthew Kacsmaryk ordered that the federal government provide notice to all Medicaid and Medicare providers in Texas that the mandate “will not be implemented or enforced.”

“Healthcare facilities covered by the [Centers for Medicaid and Medicare Services] Mandate have a tremendous reliance interest in Medicare and Medicaid funds. Therefore, Defendants unconstitutionally use Congress’s spending powers to ‘commandeer a State’s . . . administrative apparatus for federal purposes’ by conditioning Medicare and Medicaid funds on state surveyor compliance with the mandate,” wrote Kacsmaryk. “As a result, not only would the CMS Mandate prohibit Plaintiffs from enforcing its duly enacted COVID-19 vaccination regulations, but it would likely force Plaintiffs to administer a federal mandate that has a dubious statutory basis.”

“It is a ‘gun to the head’ and an unconstitutional use of Congress’s spending powers to compel Plaintiffs through ‘financial inducement’ to forgo exercising their police powers to enforce a federal statute.”

Democrat support from independent voters has fallen near the crucial 40% line, while almost half of all independent voters tell Gallup that they’re leaning Republican.

“If you’re a Democrat and you’re not terrified,” says The Dispatch’s Avi Woolf, “you should be.”

Well, I’m neither a Democrat nor terrified, but I am conservative and — at least for now — quite giddy.

Gallup recently updated its long-term party affiliation poll, which asks American voters one or two simple questions:

In politics, as of today, do you consider yourself a Republican, a Democrat or an independent?
(If they ID as independents) As of today, do you lean more to the Democratic Party or the Republican Party?

Currently, 31% say they’re Republicans, up slightly from the usual mid-20s to 30%. 41% told Gallup that they’re independent voters, in line with the average swing. Only 27% self-ID as Democrats, which is down from the more typical 29-32%.

As recently as May, Democrats were at 32% and the GOP at a dismal 25%.

But that’s before Presidentish Joe Biden had had a chance to do much other than send out FREE! MONEY! (handouts that helped cause our present inflation) and smile for the glowing press coverage. Since then, important parts of his agenda have taken hold and the malign incompetence of his cabinet has been fully revealed.

Apparently, Americans don’t think much of either.

But it’s the second question that should have Washington Democrats changing their shorts.

Indies, asked whether they lean towards the Democrats or the GOP, broke for the GOP 47% to 41%.

At this time in Barack Obama’s first term, the breakdown was a much more Dem-friendly 25R/41I/32D. And the Indy swing was exactly reversed, 41R/47D.

Yet the Democrats still lost a whopping 63 seats in the House and seven more in the Senate in the following midterm election.

Obama enjoyed immensely more personal popularity than Biden does — I know, I don’t get it, either — but couldn’t stop a GOP tsunami when his agenda proved unpopular.

Biden has both an unpopular agenda and a high unfavorable rating draped around his neck like a lead life preserver. And now voters are leaving his party in droves.

(Hat tip: Stephen Green at Instapundit.)

Buried in the Department of Health and Human Services’s fiscal planning for next year is a proposal to establish bonuses for physicians who “create and implement an anti-racism plan.”

“The plan should include a clinic-wide review of existing tools and policies, such as value statements or clinical practice guidelines, to ensure that they include and are aligned with a commitment to anti-racism and an understanding of race as a political and social construct, not a physiological one,” the HHS writes . “The plan should also identify ways in which issues and gaps identified in the review can be addressed and should include target goals and milestones for addressing prioritized issues and gaps. This may also include an assessment and drafting of an organization’s plan to prevent and address racism and/or improve language access and accessibility to ensure services are accessible and understandable for those seeking care.”

I’m sure this will go over great with Medicare patients. “Mam, I can’t check on your osteoporosis until you check your privilege!” (Hat tip: Mickey Kaus.)

The South Carolina Republican said that the Congressional Budget Office score, which found the $1.75 trillion bill would add $3 trillion to the deficit, is what led to its demise.

‘I think Build Back Better is dead forever and let me tell you why: Because Joe Manchin has said he’s not going to vote for a bill that will add to the deficit,’ he said on Fox News’ Hannity Wednesday night.

‘Well, if you do away with the budget gimmicks, Build Back Better, according to the CBO [Congressional Budget Office] adds $3 trillion to the deficit.’

‘This is b******t. You’re b******t,’ the West Virginia senator yelled at Arthur Delaney, a reporter for HuffPost Politics, who asked him about reports that the child tax credit has become a major sticking point in his talks with the White House.

‘I’m done, I’m done,’ Manchin fumed as the questions continued.

‘Guys, I’m not negotiating with any of you all. You can ask all the questions you want. Guys, let me go,’ he told the press as he walked through the basement of the Capitol, muttering ‘God almighty’ as he walked away.

What is behind recent pessimistic appraisals of democracy’s future, from Hillary Clinton, Adam Schiff, Brian Williams, and other elite intellectuals, media personalities, and politicians on the left? Some are warning about its possible erosion in 2024. Others predict democracy’s downturn as early 2022, with scary scenarios of “autocracy” and former President Donald Trump “coups.”

To answer that question, understand first what is not behind these shrill forecasts.

They are not worried about 2 million foreign nationals crashing the border in a single year, without vaccinations during a pandemic. Yet it seems insurrectionary for a government simply to nullify its own immigration laws.

They are not worried that some 800,000 foreign nationals, some residing illegally, will now vote in New York City elections.

They are not worried that there are formal efforts underway to dismantle the U.S. Constitution by junking the 233-year-old Electoral College or the preeminence of the states in establishing ballot laws in national elections.

They are not worried that we are witnessing an unprecedented left-wing effort to scrap the 180-year-old filibuster, the 150-year-old nine-person Supreme Court, and the 60-year tradition of 50 states, for naked political advantage.

They are not worried that the Senate this year put on trial an impeached ex-president and private citizen, without the chief justice in attendance, without a special prosecutor or witnesses, and without a formal commission report of presidential high crimes and misdemeanors.

They are not worried that the FBI, Justice Department, CIA, Hillary Clinton, and members of the Obama Administration systematically sought to use U.S. government agencies to sabotage a presidential campaign, transition, and presidency, via the use of a foreign national and ex-spy Christopher Steele and his coterie of discredited Russian sources.

They are not worried that the Pentagon suddenly has lost the majority support of the American people. Top current and retired officers have flagrantly violated the chain-of-command, the Uniform Code of Military Justice, and without data or evidence have announced a hunt in the ranks for anyone suspected of “white rage” or “white supremacy.”

They are not worried that in 2020, a record 64% of the electorate did not cast their ballots on Election Day.

Nor are they worried that the usual rejection rate in most states of non-Election Day ballots plunged—even as an unprecedented 101 million ballots were cast by mail or early voting.

And they are certainly not worried that partisan billionaires of Silicon Valley poured well over $400 million into selected precincts in swing states to “help” public agencies conduct the election.

What then is behind this new left-wing hysteria about the supposed looming end of democracy?

It is quite simple. The left expects to lose power over the next two years—both because of the way it gained and used it, and because of its radical, top-down agendas that never had any public support.

After gaining control of both houses of Congress and the presidency – with an obsequious media and the support of Wall Street, Silicon Valley, higher education, popular culture, entertainment and professional sports – the left has managed in just 11 months to alienate a majority of voters.

The nation has been wracked by unprecedented crime and nonenforcement of the borders. Leftist district attorneys either won’t indict criminals; they let them out of jails or both.

Illegal immigration and inflation are soaring. Deliberate cuts in gas and oil production helped spike fuel prices.

All this bad news is on top of the Afghanistan disaster, worsening racial relations, and an enfeebled president.

Democrats are running 10 points behind the Republicans in generic polls, with the midterms less than a year away.

President Joe Biden’s negatives run between 50% and 57%—in Trump’s own former underwater territory.

Less than a third of the country wants Biden to run for reelection. In many head-to-head polls, Trump now defeats Biden.

In other words, leftist elites are terrified that democracy will work too robustly.

After the Russian collusion hoax, two impeachments, the Hunter Biden laptop stories, the staged melodramas of the Kavanaugh hearings, the Jussie Smollett con, the Covington kids smear, and the Rittenhouse trial race frenzy, the people are not just worn out by leftist hysterias, but they also weary of how the left gains power and administers it.

(Hat tip: Director Blue.)

In my spare time,

I type “I moved to Florida” into the Twitter search box.

I’m able to find every person in the history of Twitter who’s ever typed those words.

Then, I individually message people, inviting them to register to vote.

— #ThePersistence (@ScottPresler) December 15, 2021

He’s not the driver here, but he certainly helped.

The Chinese tech giant Huawei Technologies has long brushed off questions about its role in China’s state surveillance, saying it just sells general-purpose networking gear.

A review by The Washington Post of more than 100 Huawei PowerPoint presentations, many marked “confidential,” suggests that the company has had a broader role in tracking China’s populace than it has acknowledged.

These marketing presentations, posted to a public-facing Huawei website before the company removed them late last year, show Huawei pitching how its technologies can help government authorities identify individuals by voice, monitor political individuals of interest, manage ideological reeducation and labor schedules for prisoners, and help retailers track shoppers using facial recognition.

Insert shocked face here.

Citing both interviews and direct access to internal Apple documents about repeated visits by Cook to China in the mid-2010s, the report describes a $275 billion deal whereby Apple committed to investing heavily in technology infrastructure and training in the country.

The non-binding five-year deal was signed by Cook during a 2016 visit, and it was made partially to mitigate or prevent regulatory action by the Chinese government that would have had significant negative effects on Apple’s operations and business in the country.

The Information details the nature of the Chinese government priorities included in the 1,250-word deal:

They included a pledge to help Chinese manufacturers develop “the most advanced manufacturing technologies” and “support the training of high-quality Chinese talents.”

In addition, Apple promised to use more components from Chinese suppliers in its devices, sign deals with Chinese software firms, collaborate on technology with Chinese universities and directly invest in Chinese tech companies… Apple promised to invest “many billions of dollars more” than what the company was already spending annually in China. Some of that money would go toward building new retail stores, research and development centers and renewable energy projects, the agreement said.

If you had to tell the story of why Hispanics are abandoning the Democrats in droves using a single image, it would look something like this.

Good job, guys. pic.twitter.com/5mtapAX88V

— Giancarlo Sopo (@GiancarloSopo) December 12, 2021

Yesterday The Atlantic put out an article claiming child trafficking was a “fake” epidemic!

Here's a photo of the owner of the Atlantic Laurene Powell getting cozy with Ghislaine Maxwell! pic.twitter.com/qfmOHVSA2N

— Luke Rudkowski (@Lukewearechange) December 10, 2021

"[T]he Kamala Harris the public fell in love with"

There is no such Kamala Harris. https://t.co/MvQY0iwjSt

— Mickey Kaus (@kausmickey) December 13, 2021

That's some quick thinking.

Totally worth $5 a gallon. pic.twitter.com/Tr5Q6aGVGw

— Marie Hurabiell (@MHurabiell) December 16, 2021

A Hutchinson, KS business just West of the Airport destroyed during 80+ mph gusts around 4:30pm.#kswx pic.twitter.com/Yd6ul9EeBo

— Weather Watchers (@wxwatchersks) December 16, 2021

A girl and her dog.. 😊 pic.twitter.com/W4bj8YJwOM

— Buitengebieden (@buitengebieden_) December 16, 2021