Archive for the ‘Texas’ Category

Biden Admin Tries To Infect Chip Makers With DEI

Wednesday, April 3rd, 2024

I’ve already said repeatedly that semiconductor subsidies are the wrong solution for the wrong problem. However, this piece by Matt Cole and Chris Nicholson shows the CHIPS Act was far more poisonous than I thought.

DEI — the identity-obsessed dogma that goes by “diversity, equity, and inclusion” — has now trained Google’s new AI to refuse to draw white people. What’s even more alarming is that it’s also infected the supply chain that makes the chips powering everything from AI to missiles, endangering national security.

The Biden administration recently promised it will finally loosen the purse strings on $39 billion of CHIPS Act grants to encourage semiconductor fabrication in the U.S. But less than a week later, Intel announced that it’s putting the brakes on its Columbus factory. The Taiwan Semiconductor Manufacturing Company (TSMC) has pushed back production at its second Arizona foundry. The remaining major chipmaker, Samsung, just delayed its first Texas fab.

Actually, Samsung opened it’s first Austin fab in 2007. The fab that was delayed was their second fab in Taylor.

This is not the way companies typically respond to multi-billion-dollar subsidies. So what explains chipmakers’ apparent ingratitude? In large part, frustration with DEI requirements embedded in the CHIPS Act.

Commentators have noted that CHIPS and Science Act money has been sluggish. What they haven’t noticed is that it’s because the CHIPS Act is so loaded with DEI pork that it can’t move.

The law contains 19 sections aimed at helping minority groups, including one creating a Chief Diversity Officer at the National Science Foundation, and several prioritizing scientific cooperation with what it calls “minority-serving institutions.” A section called “Opportunity and Inclusion” instructs the Department of Commerce to work with minority-owned businesses and make sure chipmakers “increase the participation of economically disadvantaged individuals in the semiconductor workforce.”

The department interprets that as license to diversify. Its factsheet asserts that diversity is “critical to strengthening the U.S. semiconductor ecosystem,” adding, “Critically, this must include significant investments to create opportunities for Americans from historically underserved communities.”

The department does not call speed critical, even though the impetus for the CHIPS Act is that 90 percent of the world’s advanced microchips are made in Taiwan, which China is preparing to annex by 2027, maybe even 2025.

Handouts abound. There’s plenty for the left—requirements that chipmakers submit detailed plans to educate, employ, and train lots of women and people of color, as well as “justice-involved individuals,” more commonly known as ex-cons. There’s plenty for the right—veterans and members of rural communities find their way into the typical DEI definition of minorities. There’s even plenty for the planet: Arizona Democrats just bragged they’ve won $15 million in CHIPS funding for an ASU project fighting climate change.

That project is going better for Arizona than the actual chips part of the CHIPS Act. Because equity is so critical, the makers of humanity’s most complex technology must rely on local labor and apprentices from all those underrepresented groups, as TSMC discovered to its dismay.

Tired of delays at its first fab, the company flew in 500 employees from Taiwan. This angered local workers, since the implication was that they weren’t skilled enough. With CHIPS grants at risk, TSMC caved in December, agreeing to rely on those workers and invest more in training them. A month later, it postponed its second Arizona fab.

Now TSMC has revealed plans to build a second fab in Japan. Its first, which broke ground in 2021, is about to begin production. TSMC has learned that when the Japanese promise money, they actually give it, and they allow it to use competent workers. TSMC is also sampling Germany’s chip subsidies, as is Intel.

Intel is also building fabs in Poland and Israel, which means it would rather risk Russian aggression and Hamas rockets over dealing with America’s DEI regime. Samsung is pivoting toward making its South Korean homeland the semiconductor superpower after Taiwan falls.

To be fair, Intel has had fabs in Israel since since 1996, and Tower Semiconductor has had fabs in Israel since the 1980s. Poland, to the best of my knowledge, has never had a fab.

In short, the world’s best chipmakers are tired of being pawns in the CHIPS Act’s political games. They’ve quietly given up on America. Intel must know the coming grants are election-year stunts — mere statements of intent that will not be followed up. Even after due diligence and final agreements, the funds will only be released in dribs and drabs as recipients prove they’re jumping through the appropriate hoops.

So in the name of embedding the racist poison of social justice, the CHIPS Act, ostensibly designed to increase America’s share of cutting-edge semiconductor manufacturing, is actually driving new fab construction out of America.

Heck of a Job, Brandon.

Oregon Declares War On Family Farms

Saturday, March 30th, 2024

The radical left-wing anti-farm green agenda isn’t just trying to destroy agriculture in foreign locales like The Netherlands, it’s also happening in Oregon.

  • “The state of Oregon has effectively shut down small farms and market gardens on a large scale, and they’re actually sending out cease and desist letters to farms.” (By “market gardens” he means small farms that only supply produce locally.)
  • “They’re using satellite technology to find their victims and then send them these letters, and say you can’t operate, and they’re doing it in the name of water conservation.”
  • “Oregon’s government and dairy industry [have joined] forces against small farmers.”
  • “There are two different laws that they’re using.”
  • “They’ve redefined what a CAFO is.” CAFO stands for “Concentrated Animal Feeding Operation.” According to Wikipedia, the source of all vaguely accurate knowledge, a CAFO is where “over 1,000 animal units are confined for over 45 days a year. An animal unit is the equivalent of 1,000 pounds of “live” animal weight.[1] A thousand animal units equates to 700 dairy cows, 1,000 meat cows, 2,500 pigs weighing more than 55 pounds (25 kg), 10,000 pigs weighing under 55 pounds, 10,000 sheep, 55,000 turkeys, 125,000 chickens, or 82,000 egg laying hens or pullets.”
  • Oregon seems to have redefined that. “This applies to people who have chicken houses, who have goat farms, basically anybody who has a barn or a facility that has a gravel or concrete floor.”
  • “What’s happening in Oregon, and why the small dairies have filed a lawsuit against the state…it doesn’t matter the size of the operation, you could have two milking cows.”
  • “Sarah King, who owns Godspeed Hollow Farm in Newberg, Oregon, has a pickup station that’s just 100 ft in length. She has an 11 acre property, and keeps things pretty simple. She has three milking cows. [Because] she has that milking stand, the state of Oregon said you are a CAFO, and because you are considered a CAFO, they require you to put in this infrastructure improvement which would cost her $100,000,”
  • “We’re requiring this massive infrastructure upgrade for you to continue to operate your facilities to protect our ground water from your two cows standing on a milking stand.”
  • Even if you have a gravel floor in a chicken coop, Oregon wants to come after you. “They have redefined CAFOs. This is going to impact nearly everybody.”
  • “This law is being enforced in the state of Oregon. It has already shut down some farms.”
  • There is an injunction on the definition of the law until it can be heard in court.
  • “You would think that they were going after raw milk, that always seems to be the case with a lot of these things, but this is actually going after anybody. Egg producers, anybody who has chickens that go up in a chicken house at night that may have a concrete floor.”
  • You have to go through a permitting process, and a lot of what they’re requiring is just simply too much for the small farmer. So that’s rule number one.”
  • “The second rule: In the state of Oregon, if you are using water, even groundwater, the only water that you can legally harvest and use without a permit is actually rainwater. They consider all water in the ground a resource of the public. Even if you have a private well on your property, that belongs to the people of Oregon.”

  • “This is a rule that went into place back in 2021, and then it has slowly rolled out to the point where market gardeners with a half acre of land are now receiving cease and desist orders saying you can’t water your gardens. Figure out another way to do it.”
  • The law says you can use up to 5,000 gallons a day, but market gardeners are proably only using 1,000 gallons a day. “You would think that they’re saying you’re a commercial business, because if you are growing food for yourself [But] There’s a lady has been growing food and selling it to neighbors. It’s been her primary income source and they shut her down.”
  • “Christina Del Campo um has just over a half acre. She grows blueberries, local vegetables, things like that. Her farm is called Oak Song Farm near Eugene. She’s operated there for 7 years and she recently received received a letter from the regional office of the Oregon Water Resources Department. It was a notification that the farm couldn’t irrigate its commercial crops without a water right.”
  • “They shut her down because, according to the Oregon Water Resources Department, the exemption for commercial use does not include irrigation of land.”
  • “Basically, the state of Oregon is coming in now and they’re they’re putting things on people’s wells to measure the amount of water. It’s very invasive.”
  • “Supposedly Oregon had these rules in place since 1909. They just keep changing them.”
  • “They’ve sent out letters not just to this one farmer, but multiple small farms, market garden farms, saying you can’t water your crops anymore.”
  • “This is actually a war on small farms.”
  • “We’ve seen this happening over and over and over again, where we’re seeing them utilize water rights [protection] to shut down farms across our country.”
  • “If you look at the number of farms that we’ve lost since 2000, it’s staggering. We’ve gone from 2,100,000 farms in 2000 down to 1,850,000 farms at the end of last year.”
  • “You’ve seen a lot of these cases where they’ve gone in and they’ve just shut off farms to water rights to an entire valley at a time.”
  • “We’re seeing them take control over people’s wells putting meters on people’s wells, shutting down small farms.”
  • “Everybody should have the right to farm fresh food. Oregon is basically taking that right away from every Oregon citizen by taking away the rights of the small farmers to operate their businesses in the name of some laws that were originally put in place to protect groundwater from much larger scale operations.”
  • If there isn’t some sort of sinister agenda behind these new regulatory pushes, destroying small farms certainly gives a pretty good impression of a sinister agenda. And no points for guessing which political party enjoys uncontested control of Oregon. Remember when Democrats claimed to be looking out for family farms? Doesn’t seem to be the case any more. Someone should ask Willie Nelson about all this…

    Texas has a Right to Farm statute that should (theoretically) prevent such abuses here.

    LinkSwarm For March 29, 2024

    Friday, March 29th, 2024

    Lies trying to hide how bad the Biden Recession sucks continue to unravel, a mini Texas-vs.-California update, Ukraine makes another oil refinery go boom, true depths of human depravity, some Bill Burr and Critical Drinker links, and two tons of Murica. It’s the Friday LinkSwarm!

  • Dallas Fed manufacturing survey: “It’s A Far Deeper Recession Than Publicized.”

    Against expectations of a small improvement from -11.3 to -10.0, the headline sentiment gauge dropped to -14.4 (the lowest end of analysts’ forecasts).

    Furthermore, the production index, a key measure of state manufacturing conditions, fell five points to -4.1, a reading that suggests a slight decline in output month over month.

    Other measures of manufacturing activity also indicated declines this month.

    The new orders index – a key measure of demand – dropped 17 points to -11.8 after briefly turning positive last month.

    The capacity utilization index edged down five points to -5.7, and the shipments index plunged from 0.1 to -15.4.

    The decline in new orders came alongside a surge in prices as raw materials costs rose to 13-month highs…

    That has the stench of stagflation lathered all over it.

  • Also worse than reported: employment numbers. “Philadelphia Fed Admits US Payrolls Overstated By At Least 800,000.”

    We first have to go back to December 2022, when we reported something shocking: as part of its data analysis of the “more comprehensive, accurate job estimates released by the BLS as part of its Quarterly Census of Employment and Wages (QCEW) program”, the Philadelphia Fed found that the BLS had overstated jobs to the tune of 1.1 million! This is what the Philadelphia Fed wrote in its quarterly Early Benchmark Revision of State Payroll Employment report at the time:

    Our estimates incorporate more comprehensive, accurate job estimates released by the BLS as part of its Quarterly Census of Employment and Wages (QCEW) program to augment the sample data from the BLS’s CES that are issued monthly on a timely basis. All percentage change calculations are expressed as annualized rates. Read more about our methodology. Learn more about interpreting our early benchmark estimates.

    So what did this “more accurate”, “more comprehensive” report find? It found that…

    In the aggregate, 10,500 net new jobs were added during the period rather than the 1,121,500 jobs estimated by the sum of the states; the U.S. CES estimated net growth of 1,047,000 jobs for the period.

    Lots of detailed analysis snipped.

    Putting it all together, we now know – as the Philly Fed reported first – that the labor market is far weaker than conventionally believed. In fact, no less than 800,000 payrolls are “missing” when one uses the far more accurate Quarterly Census of Employment and Wages data rather than the BLS’ woefully inaccurate and politically mandated payrolls “data”, and if one looks back the the monthly gains across most of 2023, one gets not 230K jobs added on average every month but rather 130K.

    Of course, none of that paints Bidenomics in a flattering picture, because while one can at least pretend that issuing $1 trillion in debt every 100 days to add 3 million jos per year is somewhat acceptable, learning that that ridiculous amount buys 800,000 jobs less is hardly the endorsement that the White House needs.

  • I think I link a story like this every year: “California Leads Among U.S. States Sending People to Texas in 2022. Florida and New York combined sent fewer people to Texas than California.” Leave any leftwing politics behind when you move…
  • California has a $55 billion deficit. But don’t worry, for the 24-25 fiscal year, it’s a $73 billion deficit.
  • Ukraine hits another Russian oil refinery, this time in Samara.
  • Russian network that ‘paid European politicians’ busted.”

    A Russian-backed “propaganda” network has been broken up for spreading anti-Ukraine stories and paying unnamed European politicians, according to authorities in several countries.

    Investigators claimed it used the popular Voice of Europe website as a vehicle to pay politicians.

    The Czech Republic and Poland said the network aimed to influence European politics.

    Voice of Europe did not respond to the BBC’s request for comment.

    Czech media, citing intelligence sources, reported that politicians from Germany, France, Poland, Belgium, the Netherlands and Hungary were paid by Voice of Europe in order to influence upcoming elections for the European Parliament.

    The German newspaper Der Spiegel said the money was either handed over in cash in covert meetings in Prague or through cryptocurrency exchanges.

    Pro-Russian Ukrainian oligarch Viktor Medvedchuk is alleged by the Czech Republic to be behind the network.

    Mr Medvedchuk was arrested in Ukraine soon after the Russian invasion, but later transferred to Russia with about 50 prisoners of war in exchange for 215 Ukrainians.

    Czech authorities also named Artyom Marchevsky, alleging he managed the day-to-day business of the website. Both men were sanctioned by Czech authorities.

    (Hat tip: Stephen Green at Instapundit.)

  • “Abbott says he needs ‘two more votes’ to pass school choice.” Presumably he’ll get those (and then some) in the May runoff.
  • $100M missing from Bay area trust fund management company. A Bay area father who counted on a local non-profit to handle a trust fund designed for his daughter’s long-term care feels duped.” And this is a trust for special needs kids.
  • Another dispatch from the decline of Charm City.

    The radical leftists in control of Baltimore City Hall have plunged the metro area just north of Washington, DC, into apocalyptic levels. We advise readers to entirely avoid the metro area as violent crime spirals out of control.

    Failed social justice reforms, defunding the police, and widespread mistrust of the police have resulted in a skeleton police force that will no longer be able to protect residents in some regions of the city.

    Fox Baltimore reported last Tuesday that only three police officers were on duty for the Southern Police District, which includes more than 61,000 residents.

  • Joe Lieberman, RIP. One of the least reprehensible Democratic senators of the last 30 years or so. But I still remember this:

  • Don’t click on this link unless you want to plumb the depths of human depravity. Noteworthy: “He and his husband.”
  • Flagstaff school board wants to parents to know they’re going to shove social justice down their children’s throats no matter what.
  • “GOP Delegates Adopt Resolutions Criticizing H-E-B CEO Charles Butt for Anti-School Choice Donations.”
  • Republicans file bill to strip money from woke medical schools.
  • Stellantis, AKA The European Monster That Ate Chrysler, just just laid off a whole bunch of white collar workers. Note their mention of focusing on “implementing our EV product offensive.” Oh yeah, they’re boned.
  • Speaking of EV layoffs, Ford is cutting down the staff of their F-150 Lightning plant to one third of what it was. The Lightning is enjoying a double whammy, in that people don’t want EVs, and Ford’s core customers can no longer afford trucks with an average selling price north of $80,000.
  • Florida Governor Ron DeSantis declares victory over Disney, as the latter has dropped their lawsuit over the the elimination of their special district status.
  • Sean Combs, AKA “Puff Daddy,” AKA “Diddy,” raided by the FBI. “A source close to the investigation told NBC News that the raid was connected to allegations of sex-trafficking and sexual assault and the solicitation and distribution of illegal narcotics and firearms.” “Source close” caveats apply.
  • The federal government is going to allow a shuttered nuclear power plant to be restarted. “The federal government announced that it would provide a $1.5 billion loan to restart a nuclear power plant in southwestern Michigan. NJ-based Holtec International acquired the 800-megawatt Palisades plant in 2022 with plans to dismantle it, but with support from the state of Michigan and the Biden administration, the emphasis has shifted to restarting the nuclear power plant by late 2025 instead.” Not wild about the loan part, but restarting America’s nuclear energy growth is long overdue.
  • Used Japanese homes are worthless Not just because of the shrinking population, but because they’re designed to be.
  • Bill Burr answers questions from the Internet.
  • The Critical Drinker is not impressed with the Road House remake. “The Patrick Swayze original wasn’t exactly peak cinema. It was dumb and over-the-top and silly, and I don’t imagine people were exactly crying out for a remake. But damn, man, it’s like Citizen Kane compared to this version.”
  • School tries to ban American flag from truck. Result: Two tons of Murica.
  • Twitch is cracking down on streams that “focus on intimate body parts.” After watching this, I have one question: Where exactly did the lady featured obtain her “automatic butt jiggler?”
  • Feel-good crime aftermath story:

    (Hat tip: Ace of Spades HQ.)

  • Hit the tip jar if you’re so inclined.





    Did Facebook Run A Man-in-The-Middle Hack Against Competitors?

    Thursday, March 28th, 2024

    Newly unsealed court documents accuse Facebook of running a man-in-the-middle attack against several competitors.

    At the request of CEO Mark Zuckerberg, Facebook officials developed a program called In-App Action Panel (IAAP) that they deployed in 2016 and which was in use through mid-2019, according to the documents, which include internal emails.

    The program utilized cyberattacks to intercept information from Snapchat, YouTube, and Amazon. The program then decrypted the information.

    “Facebook’s IAAP Program used nation-state-level hacking technology developed by the company’s Onavo team, in which Facebook paid contractors (including teens) to designate Facebook a trusted ‘root’ certificate authority on their mobile devices, then generated fake digital certificates to redirect secure Snapchat analytics traffic (and later, analytics from YouTube and Amazon) from Snapchat’s servers to Onavo’s; decrypted these analytics and used them for competitive gain, including to inform Facebook’s product strategy; reencrypted them; and sent them up to Snapchat’s servers as though it came straight from Snapchat’s app, with Facebook’s Social Advertising competitor none the wiser,” lawyers said in one of the documents.

    This is a clever attack in several ways. If you can create and get a program/device to accept a false signing certificate, you bypass having to break a company’s encryption altogether. The program trusts your fake certificate and creates a secure connection to your backend, using your encryption, thinking it’s transmitting information back to the targeted company. Also, analytics data doesn’t have to be sent and received in real time, so a significant delay in gather and receive times may not tip off the targeted company to the attack.

    None of this is a walk in the park, but it’s something like ten orders of magnitude easier than breaking the targeted company’s encryption stream on a live session to seamlessly hack it in real time, which is the sort of God-level hacking limited to those with NSA-level computing power, or fictional characters.

    The lawyers, representing plaintiffs in a lawsuit that accuses Facebook of anti-competitive behavior, were describing emails they obtained through discovery.

    In one email, Mr. Zuckerberg wrote that there was a need to receive information about Snapchat but that their traffic was encrypted. “Given how quickly they’re growing, it seems important to figure out a new way to get reliable analytics about them. Perhaps we need to do panels or write custom software. You should figure out how to do this,” he wrote.

    After Facebook employees started working on figuring it out, Facebook Chief Operating Officer Javier Olivan wrote that the program could pay users to “let us install a really heavy piece of software (that could even do man in the middle, etc.).”

    Man in the middle refers to a type of cyberattack where attackers secretly intercept information.

    More specifically, it’s where a third party successfully inserts itself into the communication stream between two other parties, relaying (and possibly altering) both ends of the communication without either party knowing.

    “We are going to figure out a plan for a lockdown effort during June to bring a step change to our Snapchat visibility. This is an opportunity for our team to shine,” Guy Rosen, founder of Onavo, later wrote. Onavo was started in Israel and bought by Facebook in 2013.

    In a presentation on the program when it was being finalized, it was stated that there would be “’kits” that can be installed on iOS and Android that intercept traffic for specific sub-domains, allowing us to read what would otherwise be encrypted traffic so we can measure in-app usage.”

    Documents and testimony obtained in the case showed the program was launched in June 2016 and continued being used through 2019.

    The program initially targeted Snapchat but was later expanded to Google’s YouTube and Amazon, according to the documents.

    A few quick points:

    1. This is all from Snapchat’s court documents, so you have to put an “allegedly” on all this.
    2. If all the allegations are true, Facebook has just broken all sorts of federal anti-hacking laws, including the Computer Fraud and Abuse Act (CFAA), the Electronic Communications Privacy Act (ECPA), the Identity Theft and Assumption Deterrence Act, and probably half a dozen more I haven’t even thought of.
    3. That Zuckerberg himself is (allegedly) directly implicated in deliberately breaking federal law is pretty breathtaking. He could be looking at serious jail time. Or would be, if he weren’t such a big Democratic Party Donor. (We’ll see how much time Sam Bankman-Fried catches today.)
    4. Snapchat is one thing, but targeting fellow tech behemoths Google (which owns YouTube) and Amazon with this sort of attack would seem to be…unwise. (Maybe Google’s forgiveness was covered in the secret deal the two companies allegedly signed with each other.)
    5. The timeframe is important here. Back in 2016-2019, the handling of digital signing certificates was a lot more loosey-goosey than it is now. A whole lot of things have been tightened up. I wouldn’t say it’s impossible to carry out such an attack now, but it would be harder.

    We’ll see if the whole thing jumps from litigation land to the feds actually going after Facebook, but at a time when Facebook is being sued by all manner of plaintiffs (including Texas and other state attorney generals) over privacy violations and anti-competitive practices, the Snapchat revelations could certainly provide more fuel for the fire…

    Paxton Settles His Criminal Case

    Tuesday, March 26th, 2024

    After nine long years, seven years after the corresponding federal charges were thrown out, the case against Texas Attorney general Ken Paxton has ended with a whimper.

    A trial set to begin in Harris County District Court on April 15 has been canceled after Texas Attorney General Ken Paxton obtained a pretrial agreement with special prosecutors to drop nine-year-old felony securities charges against him in exchange for meeting several conditions.

    Paxton was indicted in 2015 on three felony counts relating to state securities fraud – with the allegation that he did not disclose a financial ownership interest in a company that he solicited others to invest in, in addition to not being a registered investment advisor when doing so.

    A plethora of legal issues have resulted in the case lingering for years before finally being set for trial, including battles over the payment of the special prosecutors handling the charges and motions regarding what judicial venue should ultimately host the case.

    But after the Court of Criminal Appeals cleared the way last year for the venue to be set in Harris County, the trial date was finally set and all sides appeared ready to move forward.

    That was until Tuesday, when after a meeting at the Harris County Courthouse attorneys for Paxton, along with the special prosecutors handling the case, announced a pretrial diversion agreement had been reached, in which the charges would be dropped once Paxton meets several terms.

    Under the deal, Paxton must undergo 100 hours of community service in Collin County, take 15 hours of continuing legal education in ethics, and pay restitution of up to $300,000.

    $300,000 is a considerable chunk of change, but I doubt it’s going to cramp the style of someone who practiced corporate law for a quarter of a century before being elected Attorney General.

    But serving 100 hours of community service for three accused felonies is like getting a murder charge pled down to a traffic ticket. I sincerely doubt the plea will tarnish Paxton’s reputation among the voting public.

    In truth the Texas voting public’s judgment on Paxton has already been rendered after he was reelected by a healthy margin in 2022 and acquitted in his impeachment trial.

    This was the best shot Democrats had to end Paxton’s career and it didn’t amount to a hill of beans. He shows every sign of being around for Democrats to hate for a long, long time.

    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…

    LinkSwarm For March 15, 2024

    Friday, March 15th, 2024

    Happy Ides of March! You might want to avoid knife-wielding Romans today. Trump trial news, lots of Russo-Ukrainian War news, transexual madness starts to recede, and more Disney missteps. It’s the Friday LinkSwarm!

  • Biden’s proposed budget is going to lower the deficit by $3 trillion. By which he means it will grow by $16 trillion.

    Following yesterday’s release of Biden’s $7.3 trillion budget, the Biden administration bragged about lowering the deficit by $3 trillion over the next decade – an average of 0.8% of GDP over that period.

    This would consist of roughly $2.6 trillion over 10 years in additional spending programs, offset by around $4.8 trillion in tax increases over the same period. Most of the tax and spending proposals have been included in prior budget proposals from the White House, according to Goldman’s Alec Phillips, however there are several new items.

    The budget would increase the corporate alternative minimum tax on book income from 15% to 21%, raising $137 billion over the next decade. It also limits a corporation’s ability to deduct employee pay exceeding $1mm/year, raising $272 billion over 10 years. The largest proposed tax increases include; raising the corporate minimum tax from 21% to 28%, as well as a series of tax increases on high-income earners, including new Medicare taxes, and a new 25% minimum tax on incomes over $100 million, raising $500 billion over the next decade.

    Of course, it has zero chance of passing under the current Congress – but that’s not the point.

    As one DC strategist wrote in a morning email noted by CNBC’s Brian Sullivan, the budget deficit will still grow by another $16 trillion over the next decade – and that’s with aforementioned tax hikes.

    Without them, the deficit grows to $19 trillion.

    In short, talk of ‘$3 trillion saved’ is total bullshit in the grand scheme of things, given how much the national debt will grow in the best case scenario.

  • “Georgia Judge Strikes Down Six Counts in Trump Election-Interference Indictment.”

    The judge overseeing the Georgia election-fraud case struck down six counts in the indictment on Wednesday finding that the language in the counts didn’t provide “sufficient detail” for former president Donald Trump and more than a dozen other co-defendants “to prepare their defenses intelligently.”

    The counts that Fulton County Superior Court judge Scott McAfee struck down all involved allegations that some of the defendants in the case solicited various Georgia elected officials to violate their oaths of office and to unlawfully appoint pro-Trump presidential electors.

    The six counts struck down by McAfee on Wednesday involved Trump, his former White House chief of staff Mark Meadows, and lawyers Rudy Giuliani, John Eastman, Ray Smith and Bob Cheeley. The defendants were accused in the various counts of soliciting elected members of the Georgia house and senate and Georgia secretary of state Brad Raffensperger to violate their oaths “to unlawfully appoint presidential electors.” Trump and Meadows also requested that Raffensperger “unlawfully decertify” the 2020 presidential election, according to two of the counts that McAfee struck down on Wednesday.

  • Fani Willis ruling: She can stay on the case despite her numerous ethical lapses and bias, but her boytoy Nathan Wade has to go, so he’s stepping down.
  • “Judge Sets Trial Date for Hunter Biden’s Federal Gun Case.” “U.S. district judge Maryellen Noreika ruled the trial will start on June 3 at a status conference with Hunter Biden’s attorneys and special counsel David Weiss’s team of prosecutors.”
  • Kursk and Belgorod Invaded by Freedom for Russia Legion with Tanks.” It looks like several more villages have been invested this time, with some artillery backing (and unconfirmed reports of Bradleys). (Previously.)
  • Ryazan Oil Refinery Hit By Multiple Ukrainian Drones.”
  • And another one. “Kaluga Oil Facility Hit By Drones.” I know a lot of previous Ukraine drone strikes on oil facilities hit storage tanks. It can be hard to tell with the quality of videos, but in both of these videos, it appears that these recent strikes are hitting either the cracking or fractional distillation towers, which are much higher value targets and more difficult to replace.
  • Russia bags one (possibly two) Patriot batteries.
  • Have I already talked about how stupid Biden’s idea to build a floating pier for Hamas is?

    The Biden admin knows that US military personnel will not be safe in Gaza, but millions of dollars will be spent to build a pier to send aid that the Gazans don’t even want and that someone in the admin hopes will become a “commercial facility.”

    That’s what they think “American leadership” looks like.

    Apart from wasting taxpayer money, this is building infrastructure that, unless Israel finishes off Hamas, will fall into the hands of terrorists.

    Also, it will take 60 days to build (at least), by which time Israel should have finished pounding Hamas into a thin paste. It’s stupid piled on top of stupid.

  • Biden Department Of Justice Declares War On Voter ID And Other Election Security Laws.” Of course they have. There’s no way to drag Biden’s ambulatory corpse over the finish line without cheating.
  • Progress: “U.K. National Health Service to Stop Prescribing Puberty Blockers to Kids.”
  • Bling bishop’ Lamor Whitehead convicted of fraud, attempted extortion and lying to the FBI.” Not noted in the piece is that under his full name, Lamor Whitehead-Miller, he ran for Borough President of Brooklyn as a Democrat…and came in dead last. (Hat tip: Dwight.)
  • New Canadian law wants to hand down life sentences for #WrongThink.
  • The F-35 is now certified for nuclear weapons. (Hat tip: Stephen Green at Instapundit.)
  • UT brings back the SAT. It was stupid to dump it.
  • Female Swimmers Sue NCAA over Male Competition.” Discovery of who’s pushing transexism on American institutions should be enlightening…
  • I haven’t paid much attention to Robert F. Kennedy, Jr.’s independent presidential run because I doubt it’s going to be on enough state ballots to even play a spoiler role. But the idea that he’s thinking of picking NFL quarterback Aaron Rodgers as his running mate seems extra stupid. Yes, he’s won a Super Bowl and is a four-time MVP, is 40 years old (and thus constitutionally eligible to serve, but what the hell does an NFL quarterback know about running the country? Also, since Rodgers is under contract to the Jets, won’t having to play NFL football preclude him from actively running as VP pick?
  • Crazy white boy Shuan King is now a Muslim.

    (Hat tip: Stephen Green at Instapundit.)

  • Weird crime news of the week: “2 men charged with blowing up woman’s home, planning to use large python to eat her daughter.”
  • Captain Marvel 3, Ant Man 4, Eternals 2 All Cancelled.” Second time to break this out this week:

  • Related: Just about all of the $71 billion Disney spent to acquire Fox was essentially wasted. They got into a bidding war, and then “they don’t use the catalog that Fox has that they were given.”
  • The Texas town of Palestine is suing Union Pacific over a contract dispute. The catch: The contract was signed in 1872.
  • Charges are dropped in “Hotel California” lyrics case.

    In the middle of trial, New York prosecutors abruptly dropped their case Wednesday against three collectibles experts who had been accused of scheming to hang onto and peddle the pages, which Eagles co-founder Don Henley maintained were stolen, private artifacts of the band’s creative process.

    In explaining the stunning turnabout, prosecutors agreed that defense lawyers had essentially been blindsided by 6,000 pages of communications involving Henley and his attorneys and associates. Prosecutors and the defense got the material only in the past few days, after Henley and his lawyers apparently made a late-in-the-game decision to waive their attorney-client privilege shielding legal discussions.

    In waving attorney-client privilege, it looks like Henley made himself a prisoner of his own device…

  • An end to drywall?
  • How the famous tracking shot in Wings was done.
  • I’ve seen this one before, but it’s still funny:

    (Hat tip: Ace of Spades HQ.)

  • Texas Sues Colony Ridge

    Thursday, March 14th, 2024

    Remember Colony Ridge, the illegal alien land development that’s suffering from a host of problems (weird mortgage instruments, cartel ties, poor infrastructure)? Well, the Texas Attorney General just filed a lawsuit against the developer.

    The Office of the Attorney General (OAG) announced a new lawsuit against Colony Ridge on Thursday, alleging its owners have engaged in deceptive practices in lending and marketing their plots of land.

    Filed in a Houston federal court, the State of Texas’ lawsuit accuses the Liberty County development of misleading buyers about the conditions of those homes and plots, their connectedness and access to utilities, and the methods of financing.

    It largely mirrors a lawsuit by the Department of Justice alleging similar misconduct by the development’s owners, Trey and John Harris.

    “Colony Ridge has been flagrantly violating Texas law. The development profited from targeting consumers with fraudulent claims and predatory lending practices,” Attorney General Ken Paxton said of the suit.

    “Their deceptive practices have created unjust and outsized harms. Nearby communities have borne a tremendous cost for the scheme that made Colony Ridge’s developers a fortune.”

    The OAG’s release accuses the developers of intentionally targeting Spanish-speaking individuals with poor financial records, then foreclosing on them when payments aren’t made, and starting the cycle again. When the properties are foreclosed on, the suit alleges, Colony Ridge repurchases them and sells the plots to another buyer at a higher price.

    “In fact, CR Land often resells a foreclosed lot to the very same consumer at a significantly higher price. The more foreclosures CR Land initiates, the higher likelihood it will acquire residential lots with free improvements which make the foreclosures profitable. Thus, Colony Ridge’s business model incentivizes foreclosures,” the filing asserts.

    The filing also highlights the development’s flooding problems: “[Even] though there have been two suits filed against one or more Defendants related to the severe flooding that occurs at the Development, Colony Ridge and John Harris continue to falsely represent to consumers at the time of sale that the residential lots in the Development are not subject to repeated flooding.”

    Colony Ridge, also referred to as “Terrenos Houston,” is a 50,000-person development in Liberty County, an exurb of Houston, that’s inhabited by a large but not exactly known number of illegal immigrants. After a report from the Daily Wire shone a spotlight on the development, it found itself in the crosshairs of the political right, both officials and mediasphere, for presenting a “magnet” for illegal immigrants.

    The issues in Colony Ridge are largely that of a massive development airdropped into a rural county that doesn’t have the resources to cope with the massive population growth. The Liberty County Sheriff’s Office and other emergency services are stretched thin, as is the local school district, Cleveland ISD.

    After it made national headlines, the Texas Legislature debated responses to the development, ultimately settling on earmarking $40 million to fund additional overtime for Texas Department of Public Safety patrols assisting local law enforcement in the development.

    The development has become a contentious political football thrown about in the recent Texas primary; Gov. Greg Abbott accused state Rep. Ernest Bailes (R-Shepherd) of “creating” Colony Ridge by way of a 2017 bill that created two special purpose districts, an argument first made by Paxton last year.

    You may remember Bailes from such hits as I lost my primary this year.

    Obviously something has gone badly wrong in Colony Ridge, and suing the developers for their myriad (accused) crimes is a way to start addressing those problems. But there are still tens of thousands of illegal aliens there who a sane government would start deporting.

    Hopefully something about that can be done in 2025…

    Federal Judge Squashes NLRB’s Attempt To Destroy Gig Economy

    Tuesday, March 12th, 2024

    Democrats hate the gig economy, since they can’t force independent contractors to join unions (and thus rake off their union dues). So Biden’s NLRB issued a “joint-employer standard” to force companies to treat gig employees and subcontractors as subject to union representation. Well, a federal judge in Texas squashed that rule.

    Last week, a federal judge in Texas issued a ruling that struck down a new joint-employer standard by the U.S. National Labor Relations Board (NLRB) that would have classified numerous companies as “employers” of specific contract and franchise employees, obligating them to negotiate with unions representing those workers.

    U.S. District Judge J. Campbell Barker in Tyler decided in Chamber of Commerce of the United States of America v. National Labor Relations Board that the NLRB’s new “joint employers” rule is too broad and violates federal labor law.

    The new NLRB rule would have expanded the standard for finding a joint employment relationship under the National Labor Relations Act, which states and defines the rights of employees to organize and bargain collectively with their employers through representatives.

    “This ruling is a major win for employers and workers who don’t want their business decisions micromanaged by the NLRB,” said the U.S. Chamber of Commerce. “It will prevent businesses from facing new liabilities related to workplaces they don’t control, and workers they don’t actually employ. The U.S. Chamber will continue to fight back against the NLRB and its campaign to promote unionization at all costs.”

    The initial Chamber of Commerce complaint was filed jointly with a variety of other business organizations that asked the court to “vacate” the rule because it is based on a “flawed premise that it is contrary to common-law principles.” The complaint goes on to state that if the new rule were to go into effect, it would force companies to “face business-altering decisions.”

    “The new Rule imposes joint-and-several liability on virtually every entity that hires contractors subject to routine parameters, defines the terms of those contracts, or collaborates with a third party of any kind in achieving common goals that have an incidental or indirect effect on the third party’s employees,” the complaint states.

    In the opinion, Barker wrote that the rule “would treat virtually every entity that contracts for labor as a joint employer because virtually every contract for third-party labor has terms that impact, at least indirectly, at least one of the specified ‘essential terms and conditions of employment.’”

    Barker stated that the rule is not valid because it would classify certain companies as the employers of contract or franchise workers, even when they had no significant control over the workers’ employment conditions, stating that “reach exceeds the bounds of the common law and is thus contrary to law.”

    There are extensive reams of labor relations laws and rulings, but that’s not good enough for Democrats. They had to issue a transparently illegal ruling because workers and businesses continue to flee unions and closed shop states for right to work states, which is why union membership continues to decline and there’s nothing they can do about it.

    The best way to shore up American worker wages is to stem the flood of illegal aliens across our border, but the Biden Administration will never do that.