Posts Tagged ‘DC vs. Heller’

California’s Gun Grabbers Screw Themselves

Wednesday, July 20th, 2022

In an attempt to subvert the Supreme Court’s clear directions in the Bruen decision, California’s gun grabbing Democrats have actually made their case weaker through their own arguments. Armed Scholar Anthony Miranda:

Some takeaways:

  • “The state of California just backed themselves into a major corner in the California ‘assault weapons’ ban case, Miller v Bonta.”
  • California “requested that the Ninth Circuit vacate Judge [Roger] Benitez’s ruling and remand the case back down to him for him to have to completely rehear the case all over again from square one. This was the State of California’s effort to stall this case out as long as possible because that’s really one of the only cards they have left.”
  • “[Firearms Policy Coalition] just obliterated all the State of California’s arguments in their reply, and they completely trapped the State of California with their own words.”
  • In short, California was still trying to argue that the two-step approach to exercising Second Amendment would be upheld on appeal despite the fact that the Supreme Court had explicitly bitch-slapped the two-step approach into oblivion.
  • California also falsely announced that in striking down the two-step approach, the Supreme Court had created a new legal framework, when in fact they had merely explicitly affirmed the existing framework of Heller.
  • The district court “found that California’s ban on modern firearms was not one of the presumptively lawful measures that was identified in Heller, and also found that the ban on modern firearms has no historical pedigree.”
  • To whit: “Prior to the 1990s, there was no national history of banning weapons because they were equipped with features like pistol grips, collapsible stocks, flash hiders, flare launchers or barrel shrouds.”
  • “Benitez ultimately found that those arguments were exactly the type that the Supreme Court and Heller broadly caution courts against when deciding whether analogous regulations were long-standing. Something that was put in place or didn’t pop up until the 1930s or the 1940s or 50s doesn’t actually align with the historical pedigree that the supreme
    court commands that courts must look at.”

  • California “acts as if Judge Benitez did not consider text as informed by history, when in fact he actually did in his original ruling. Also, all the harm California claims that will be suffered if the state is lifted has also been found 100% illegitimate prior by Benitez himself.”
  • It would be nice if the citizens of California could enjoy the Second Amendment rights enjoyed by American citizens in the overwhelming majority of the other 49 states…

    LinkSwarm for July 13, 2018

    Friday, July 13th, 2018

    Happy Friday the 13th! FBI “Partisan Weasel” Peter Strzok smirked and slithered his way through his capitol hill testimony. “That Strzok could huddle with FBI lawyers while stonewalling a Republican-led committee speaks to the corruption of official Washington and the comparative impotence of Republican administrations. Does anybody think an FBI agent who had vowed to “stop” the candidacy of Barack Obama would have lasted a week at his job, let alone over a year, after the discovery of his bias?”

    And when I say slithered:

    Now enjoy a Friday LinkSwarm:

  • The U.S. Army has announced that Austin will be home to its new Futures Command. “The Futures Command center will focus on modernizing the U.S. Army and developing new military technologies. It is expected to employ up to 500 people.” Cool. My only question is: How do I get a job there?
  • “MSNBC Does Not Merely Permit Fabrications Against Democratic Party Critics. It Encourages and Rewards Them.” Also: “Anyone who criticizes the Democratic Party or its leaders is instantly accused of being a Kremlin agent despite the lack of any evidence. And the organization that leads that smear campaign is the one that calls itself a news outlet.” (Hat tip: Ann Althouse.)
  • Three Democrats: “Here’s a bill to abolish ICE.” House Republican leadership: “OK, let’s put it to a vote.” Three Democrats: “Never mind, we’ll vote against it.” Hypocrite much?
  • “Fierce Gun Battle Erupts Between Mexican Troops And Cartel Gunmen Near Texas Border.”
  • President Trump on NATO: “Europe needs to pay it’s fair share for defense.” Eurocrats: “We have no idea what he’s saying! Stop speaking in code!”
  • Remember how socialist darling Alexandria Ocasio-Cortez defeated incumbent Joe Crowley in the 14th Congressional District Democratic primary? Surprise! Crowley is still on the ballot on the Working Families Party line. Read on for New York’s goofy third party rules (goofier than most). (Hat tip: Jim Geraghty.)
  • Problem: Residents of New Jersey are moving to Florida to escape high taxes. New Jersey’s solution: raise them even higher.
  • Saudi Arabia’s ruling class is falling in line with Crown Prince Mohammed bin Salman’s reforms. (Hat tip: Stephen Green at Instapundit.)
  • Social Justice Warrior game developer goes all Social Justice Warrior on gaming company partner on company time. Pink slip ensues.
  • Stop fixating on the Russia-hacked-the-election fantasy, says his Russian political foes:

    “Enough already!” Leonid M. Volkov, chief of staff for the anti-corruption campaigner and opposition leader Aleksei A. Navalny, wrote in a recent anguished post on Facebook. “What is happening with ‘the investigation into Russian interference,’ is not just a disgrace but a collective eclipse of the mind.”

    What most disturbs Mr. Putin’s critics about what they see as America’s Russia fever is that it reinforces a narrative put forth tirelessly by the state-controlled Russian news media. On television, in newspapers and on websites, Mr. Putin is portrayed as an ever-victorious master strategist who has led Russia — an economic, military and demographic weakling compared with the United States — from triumph to triumph on the world stage.

    “The Kremlin is of course very proud of this whole Russian interference story. It shows they are not just a group of old K.G.B. guys with no understanding of digital but an almighty force from a James Bond saga,” Mr. Volkov said in a telephone interview. “This image is very bad for us. Putin is not a master geopolitical genius.”

  • The citizens of European nations balk at erasing borders.

    The European Union has always been sold, to its citizens, on a practical basis: Cheaper products. Easier travel. Prosperity and security.

    But its founding leaders had something larger in mind. They conceived it as a radical experiment to transcend the nation-state, whose core ideas of race-based identity and zero-sum competition had brought disaster twice in the space of a generation.

    France’s foreign minister, announcing the bloc’s precursor in 1949, called it “a great experiment” that would put “an end to war” and guarantee “an eternal peace.”

    Norway’s foreign minister, Halvard M. Lange, compared Europe at that moment to the early American colonies: separate blocs that, in time, would cast off their autonomy and identities to form a unified nation. Much as Virginians and Pennsylvanians had become Americans, Germans and Frenchmen would become Europeans — if they could be persuaded.

    “The keen feeling of national identity must be considered a real barrier to European integration,” Mr. Lange wrote in an essay that became a foundational European Union text.

    But instead of overcoming that barrier, European leaders pretended it didn’t exist. More damning, they entirely avoided mentioning what Europeans would need to give up: a degree of their deeply felt national identities and hard-won national sovereignty.

    Now, as Europeans struggle with the social and political strains set off by migration from poor and war-torn nations outside the bloc, some are clamoring to preserve what they feel they never consented to surrender. Their fight with European leaders is exploding over an issue that, perhaps more than any other, exposes the contradiction between the dream of the European Union and the reality of European nations: borders.

    Establishment European leaders insist on open borders within the bloc. Free movement is meant to transcend cultural barriers, integrate economies and lubricate the single market. But a growing number of European voters want to sharply limit the arrival of refugees in their countries, which would require closing the borders.

    This might seem like a straightforward matter of reconciling internal rules with public demand on the relatively narrow issue of refugees, who are no longer even arriving in great numbers.

    But there is a reason that it has brought Europe to the brink, with its most important leader, Chancellor Angela Merkel of Germany, warning of disaster and at risk of losing power. The borders question is really a question of whether Europe can move past traditional notions of the nation-state. And that is a question that Europeans have avoided confronting, much less answering, for over half a century.

    Snip.

    Perhaps the drive to restore European borders is, on some level, about borders themselves. Maybe when populists talk about restoring sovereignty and national identity, it’s not just a euphemism for anti-refugee sentiment (although such sentiment is indeed rife). Maybe they mean it.

    Traveling Germany with a colleague to report on the populist wave sweeping Europe, we heard the same concerns over and over. Vanishing borders. Lost identity. A distrusted establishment. Sovereignty surrendered to the European Union. Too many migrants.

    Populist supporters would often bring up refugees as a focal point and physical manifestation of larger, more abstract fears. They would often say, as one woman told me outside a rally for the Alternative for Germany, a rising populist party, that they feared their national identity was being erased.

    “Germany needs a positive relationship with our identity,” Björn Höcke, a leading far-right figure in the party, told my colleague. “The foundation of our unity is identity.”

    Allowing in refugees, even in very large numbers, does not mean Germany will no longer be Germany, of course. But this slight cultural change is one component of a larger European project that has required giving up, even if only by degrees, core conceits of a fully sovereign nation-state.

    National policy is suborned, on some issues, to the vetoes and powers of the larger union.

    Snip.

    European leaders hoped they could rein in those impulses long enough to transform Europe from the top down, but the financial crisis of 2008 came when their project was only half completed. That led to the crisis in the euro, which revealed political fault lines the leadership had long denied or wished away.

    The financial crisis and an accompanying outburst in Islamic terrorism also provided a threat. When people feel under threat, research shows, they seek a strong identity that will make them feel part of a powerful group.

    For that, many Europeans turned to their national identity: British, French, German. But the more people embraced their national identities, the more they came to oppose the European Union, studies found — and the more they came to distrust anyone within their borders who they saw as an outsider.

    European leaders, unable to square their project’s ambition of transcending nationalism with this reality of rising nationalism, have tried to have it both ways. Ms. Merkel has sought to save Europe’s border-free zone by imposing one hard border.

    Sebastian Kurz, the Austrian chancellor, has called for ever-harder “external” borders, which refers to those separating the European Union from the outside world, in order to keep internal borders open.

    This might work if refugee arrivals were the root issue. But it would not resolve the contradiction between the European Union as an experiment in overcoming nationalism versus the politics of the moment, in which publics are demanding more nationalism.

    That resurgence starts with borders. But Hungary’s trajectory suggests it might not end there. The country’s nationalist government, after erecting fences and setting up refugee camps, has seen hardening xenophobia and rising support for tilting toward authoritarianism.

    As the euro crisis showed, even pro-union leaders could never bring themselves to fully abandon the old nationalism. They are elected by their fellow nationals, after all, so naturally put them first. Their first loyalty is to their country. When that comes into conflict with the rest of the union, as it has on the issue of refugees, it’s little wonder that national self-interest wins.

  • The Air Force is rigging a test for the F-35 and against the A-10. Jerry Pournelle said the Air Force would always kill a hundred A-10s to buy one more F-35… (Hat tip: Borepatch.)
  • Why did President Trump nominate, and Texas Senator John Cornyn vote to confirm, a circuit court judge who opposed Heller?
  • President Trump pardons Oregon ranchers at the heart of the Bundy protests. (Hat tip: Director Blue.)
  • Parkland shooting survivors sue Scott Israel and the Broward County Sheriff’s Department. (Hat tip: Say Uncle.)
  • Democratic Rep: Data is racist.
  • “Shocking Video Shows Abortion Clinic Staff Playing With Aborted Babies Like Dolls.”
  • Oopsie! (Hat tip: Mike.)
  • Feminist Apparel’s male CEO fires entire staff after they confront him over his history of sexual abuse. (Hat tip: The Other McCain.)
  • Good news! Kinky Friedman has a new album out. Interesting news:

    Looking back through history, I can only think of two figures that have been mocked more than Trump, and they are Abraham Lincoln and Jesus Christ. So I say, give him a chance. How about a reality president for a reality world? Of course, this doesn’t sit well with people in New York I’m working with on projects, but, y’know, I would just withhold judgment on Trump. And it looks to me like he’s getting things done, and some of ‘em are pretty good things. And the last guy was a f*ckin’ Forrest Gump.

    Trump has already done one thing that the previous three Presidents looked in our eyes and told us they were gonna do — and they knew the whole time they were never gonna do – which is move that embassy. He did it. Every expert told him that would result in the apocalypse coming…he did that. And that’s a big thing to do. And he’s done other big things. Pulling out of the Iran deal took Pawn Shop-sized balls when everybody else was telling him what a horrible mistake that was. And…we’ll see. He may be the guy who does get Kim to come along with him, that very well might happen. I follow what Billy Joe Shaver says, which is, Remember that Jesus rode in on a jackass.

    No wonder Democrats never embraced him. Too much of a free-thinker… (Hat tip: Ann Althouse.)

  • Lifestyles of the rich and felonious.
  • Size dysfunction among the London left:

  • Bye bye bag bans.
  • NFL owner sells team, but requires new owner to keep giant statue of him outside the stadium as a condition of sale.
  • William Shatner vs. the Social Justice Warriors.
  • “Thirteens my lucky number…” If you suffer from triskaidekaphobia, try to enjoy Social Distortion’s “Bad Luck.”
  • Brett Kavanaugh for SCOTUS Roundup

    Tuesday, July 10th, 2018

    Lots of reactions this morning to President Donald Trump’s nomination of Brett Kavanaugh to the Supreme Court.

    First up, Jonathan Adler of The Volokh Conspiracy offers up an overview of Kavanaugh’s career (including links to his decisions):

    Judge Kavanaugh is widely respected on the Supreme Court. Many of his clerks go on to clerk at One First Street. More importantly, his opinions attract notice from the justices. Several of his dissents have been vindicated by subsequent Supreme Court decisions. His dissents showed the way for the Court in Michigan v. EPA (White Stallion Energy Center v. EPA concerning mercury emissions), UARG v. EPA (CRR v. EPA concerning GHG emissions), Free Enterprise Fund v. PCAOB (concerning separation of powers), and D.C. v. Wesby (concerning qualified immunity). And even when certiorari was granted, Judge Kavanaugh’s dissents have been noted in subsequent Supreme Court cases (as in Lexmark International v. Static Control Components which favorably cited Kavanaugh’s dissent in Grocery Manufacturers Association v. EPA). This suggests other justices will take the new junior justice’s opinions quite seriously, especially on administrative law.

    (Hat tip: Instapundit.)

    Second, Kavanaugh is also a strong believer in the Second Amendment. From his 2011 Heller v. District of Columbia (the follow-up lawsuit to the original Heller decision) dissent:

    In Heller, the Supreme Court held that handguns – the vast majority of which today are semi-automatic – are constitutionally protected because they have not traditionally been banned and are in common use by law-abiding citizens. There is no meaningful or persuasive constitutional distinction between semi-automatic handguns and semiautomatic rifles. Semi-automatic rifles, like semi-automatic handguns, have not traditionally been banned and are in common use by law-abiding citizens for self-defense in the home, hunting, and other lawful uses. Moreover, semiautomatic handguns are used in connection with violent crimes far more than semi-automatic rifles are. It follows from Heller’s protection of semi-automatic handguns that semi-automatic rifles are also constitutionally protected and that D.C.’s ban on them is unconstitutional.

    (Hat tip: J.J. Sefton at Ace of Spades HQ.)

    Democratic Senator Chris Murphy of Connecticut gave Kavanaugh what amounts to a strong endorsement on that very subject:

    Respectable liberal Alan Dershowitz endorsed Kavanaugh as well: “He has a lot of support from centrist academics. He is regarded as a very scholarly, very smart person. I probably will disagree with many of his opinions, but it’s hard to question his qualifications for the job.” (Hat tip: BigGator5.)

    Via Stephen Green at Instapundit comes this list of top six unhinged reactions to the Kavanaugh nomination. I especially liked the Women’s March drafting their blurb on what an extremist whoever Trump picked for the court was, then just leaving “XX” instead of inserting Kavanaugh’s name when they sent out the press release…

    Finally, liberals want you to know that the Federalist Society and Opus Dei are evidently the same thing. Maybe somebody should explain to them the difference between real life and a Dan Brown novel…

    LinkSwarm for July 28, 2017

    Friday, July 28th, 2017

    Supposed to hit 104° in Austin today, and 106° tomorrow. Try to keep your cool…

  • “Why Was Wife of DWS’s Swindler Staffer Allowed to Leave the Country?”

    In early March [Imran’s] wife, Hina Alvi, suddenly left the country for Lahore, by way of Doha, Qatar. Notwithstanding the return flight she booked for a date in September 2017, the FBI believes that she actually has no intention to return to the U.S. She had abruptly pulled the couple’s three daughters out of school without alerting the school’s staff, and brought them with her — along with lots of luggage and household goods — to Pakistan.

    (Hat tip: Instapundit.)

  • Mark Steyn on Tucker Carlson: Everything Democrats have looked for and not found in the Russia wild goose chase is actually, demonstrably present in the Imran Awan case:

    Steyn also notes: Why worry whether Vladimir Putin gave the DNC emails to Wikileaks when Debbie Wasserman Schultz just gave Imran Awan her DNC iPad password? (Hat tip: Director Blue.)

  • “The mainstream media are doing their best to ignore a bizarre, serious, and colorful story, but it’s not going to work.” Also: “Occam’s Razor suggests that DWS and the Dems were being blackmailed. For what? And what secrets, if any, were compromised by the members of the House Intelligence Committee who employed the Awan ring?” Note that both Steyn and American Thinker’s Thomas Lifson invoke Occam’s Razor to conclude that Debbie Wasserman Schultz was being blackmailed. (Hat tip: Director Blue.)
  • This eye-opening Lee Smith piece in Tablet mag not only details how Fusion GPS came to gun up the Trump Russian fantasy (and how it’s plating both sides of the fence on Russia), but how deep research is now outsourced to opposition research firms:

    Donald Trump, Jr. appears to be the latest figure in President Donald Trump’s inner circle to be caught in the giant web of the Great Kremlin Conspiracy. Trump the younger said he was promised dirt on Hillary Clinton, but that all he got in his June 2016 meeting with a Russian lawyer was an earful about dropping the Magnitsky Act, which sanctions Russian officials involved in the death of a Russian lawyer who was killed in detention.

    If the Trump, Jr. meeting is just another chapter in the Beltway telenovela about Trump selling out America to the Russians through an ever-changing cast of supposed intermediaries—come back, Mike Flynn and Carter Page, we hardly knew ye—it sheds valuable light on the ways and means by which the news that fills our iPhone screens and Facebook feeds is now produced. You see, the Russian lawyer—often carelessly presented as a “Russian government lawyer” with “close ties to Putin”—Natalia Veselnitskaya, who met with Trump, also worked recently with a Washington, D.C. “commercial research and strategic intelligence firm” that is also believed to have lobbied against the Magnitsky Act. That firm, which also doubles as an opposition research shop, is called Fusion GPS—famous for producing the Russia dossier distributed under the byline of Christopher Steele, a former British intelligence agent for hire.

    Steele’s report, a collection of anonymously-sourced allegations, many of which were said to come from “high-ranking former Russian government officials”—i.e. not exactly the kinds of people who seem likely to randomly shoot the shit with ex-British spooks—detailed Trump’s ties to Russian officials and strange sexual obsessions. Originally ordered up by one of Trump’s Republican challengers, the dossier circulated widely in D.C. in the months before the 2016 election, pushed by the Clinton campaign, but no credible press organization was able to verify its claims. After Clinton’s surprise loss, the dossier became public, and it’s claims—while still unverified—have shaped the American public sphere ever since.

    Yet at the same time that Fusion GPS was fueling a campaign warning against a vast Russia-Trump conspiracy to destroy the integrity of American elections, the company was also working with Russia to influence American policy—by removing the same sanctions that Trump was supposedly going to remove as his quid pro quo for Putin’s help in defeating Hillary. Many observers, including the press, can’t quite figure out how the firm wound up on both sides of the fence. Sen. Chuck Grassley wants to know if Fusion GPS has violated the Foreign Agents Registration Act.

    As the founders of Fusion GPS surely understand, flexibility is a key recipe for success—and the more room you can occupy in the news cycle, the bigger the brand. After all, they’re former journalists—and good ones. Fusion GPS is the story of a few journalists who decided to stop being suckers. They’re not buyers of information, they’re sellers.

    Snip.

    For the past seven years, I’ve reported on and written about American foreign policy and what I saw as troubling trends in how we describe and debate our relationship to the rest of the world. What I’ve concluded during that period is that the fractious nature of those arguments—over the Iran Deal, for instance, or the war in Syria, or Russia’s growing role in the Middle East and elsewhere—is a symptom of a problem here at home. The issue is not about this or that foreign policy. Rather, the problem is that the mediating institutions that enabled Americans to debate and decide our politics and policies, here and abroad, are deeply damaged, likely beyond repair.

    The shape of the debate over the Joint Comprehensive Plan of Action illustrated this most clearly. The Obama White House turned the press into an instrument used not only to promote its initiatives, but also to drown out and threaten and shame critics and potential opponents, even within the president’s own party. Given the financial exigencies of a media whose business model had been broken by the internet, mismanagement, and the rise of social media as the dominant information platform, the prestige press sacrificed its independence for access to power. If for instance, your beat was national security, it was difficult at best to cross the very few sources of power in Washington that controlled access to information. Your job depended on it. And there are increasingly fewer jobs in the press.

    Read the whole thing.

  • Breakdown of Fusion GPS toes to Russia. (Hat tip: Director Blue.)
  • Another day, another failed ObamaCare repeal vote in the Senate, although the “skinny repeal” was nothing to write home about, Republicans John McCain, Susan Collins of Maine and Lisa Murkowski of Alaska voted against it.
  • While we were concentrating on the Islamic State, the Taliban seized three districts in Afghanistan:

    The Afghan Taliban has overrun three districts previously held by the Afghan government in the provinces of Paktia, Faryab and Ghor over the past several days. The Taliban is demonstrating that it can sustain operations in all theaters of Afghanistan. The three districts are located in three different regions of the country.

    The district of Jani Khel in Paktia, a known stronghold of the Haqqani Network – the powerful Taliban subgroup that is based in eastern Afghanistan and in Pakistan’s tribal areas – fell to the Taliban earlier today after several days of heavy fighting, according to Afghan officials and the Taliban. Taliban spokesman Zabihullah Mujahid said that the district headquarters buildings, the police headquarters and all security checkpoints are under his group’s control. Fighting is underway at a nearby military base.

    Jani Khel was effectively under Taliban control. At the end of March, the group claimed that all but six percent of the district, including the district center, was under Afghan government control.

    The districts of Taywara in Ghor in central Afghanistan, and Kohistan (or Lolash) in Faryab in the northwest fell to the Taliban on July 23 after several days of fighting. TOLONews confirmed that the two districts are now Taliban controlled and “government forces have not yet launched military operations to re-capture these districts.”

    The Taliban has also claimed it seized control of Pusht Koh in Farah province and Guzargah in Baghlan, however the reports cannot be independently confirmed. However Taliban reports on the takeover of districts have proven accurate in the pasts.

    The loss of the three districts shows that the Taliban is capable of conducting operations in all regions of the country. Even as the three districts fell, the Taliban is on the offensive in all of the other regions. Afghan security forces, which are sustaining record highs in casualties and desertions, is largely on the defensive in most areas of the country.

    (Hat tip: Stephen Green at Instapundit.)

  • The awful time Yazidi girls have recovering from Islamic State sexual slavery.
  • Liberals freak out over President Trump’s no trannies in the military policy. I don’t think most of America realized our military had trannies. (Hat tip: Stephen Green at Instapundit.)
  • Defense of same ban by wounded Iraq veteran.
  • Texas special session update. Lt. Governor Dan Patrick has gotten the Senate to consider and pass 18 bills in just the first week. Meanwhile, Speaker Joe Straus’ House hasn’t even considered most in committee yet.
  • Kid Rock can win.
  • Democratic challenger Beto O’Rourke outraised Ted Cruz in Q2 for the 2018 Texas Senate race, but Cruz still has $5.7 million cash on hand.
  • Flashback: Trump has no path to 270 electoral votes. (Hat tip: The Other McCain.)
  • We were close to nabbing Abu Bakr al Baghdadi in 2015 until a leak to the New York Times dried up information.
  • Congress passes veto-proof sanctions against Russia, Iran and North Korea.
  • Sweden now has 61 “no go” zones, up from 55 last year. (Hat tip: Ace of Spades HQ.)
  • Convicted felon Brett Kimberlin loses in court yet again. “Nearly four years after Brett Kimberlin sued Patrick Frey, myself and numerous other defendants (including Michelle Malkin, Breitbart.com and Red State) in a bogus federal RICO suit, the case has finally concluded with Judge George Hazel granting Frey summary judgment.”
  • Taiwanese electronics manufacturer Foxconn to build $10 billion display plant in Wisconsin.
  • President Trump gets a huge welcome in Youngstown, Ohio. Bonus: People interviewed are sick and tired of hearing about Russia. (Hat tip: Stephen Green at Instapundit.)
  • “Greece Arrests Russian ‘Mastermind’ Behind $4 Billion Bitcoin Laundering Scheme.”
  • Dwight has DEFCON and Black Hat rundowns for you computer security boffins. Plus regular updates.
  • Appeals court invalidates D.C.’s ‘good reason’ constraint on public carry of firearms.”

    Because the District’s good-reason law merits invalidation under Heller regardless of its precise benefits, we would be wasting judicial resources if we remanded for the [lower] court to develop the records in these cases. … We vacate both orders below and remand with instructions to render permanent injunctions against enforcement of the District’s good-reason law.

  • NSA expert hacks “smart gun” with $1.5 million supercomputer. And by “NSA expert” I mean a random hacker and by $1.5 million supercomputer I mean $15 worth of magnets. (Hat tip: Dwight.)
  • 15 pro-illegal alien protestors arrested for blocking traffic near the capitol in Austin. Bonus: Only five actually reside in Texas.
  • Swarthmore commies disband after realizing they were all middle upper class white people. Also, “Swarthmore Commies” would make a good name for a rock band.
  • My piece on ISIS-pledged terrorist groups made it to Zero Hedge. Which I’m happy about. But the comments do seem to be much more Israeli/Jewish conspiracy theory-heavy than I’ve seen there in the past…
  • Speaking of which, no, Edward Snowden did not say that Abu Bakr al-Baghdadi’s is really an Israeli Jew named Elliot Shimon. In fact, he specifically denied saying that through his lawyer.
  • Charlie Gard, RIP.
  • “A number of so-called scientific journals have accepted a Star Wars-themed spoof paper…an absurd mess of factual errors, plagiarism and movie quotes.”
  • Nice house, lots of room. The decoration scheme is a little…wait a minute…”
  • LinkSwarm for February 24, 2017

    Friday, February 24th, 2017

    Welcome to another Friday LinkSwarm! Here in Texas, Spring has sprung, full stop.

  • The elites are revolting:

    It’s no coincidence that the most vocal outcry against President Trump’s measures have come from urban elites and the corporations that cater to them. It’s easy to spot the class divides in the scoffing at Andrew Puzder, CEO of the company behind Carl’s Jr. and Hardee’s, getting a cabinet position instead of Facebook’s Sheryl Sandberg who had been tipped for Treasury Secretary by Hillary.

    Carl’s Jr and its 4 Dollar Real Deal are a world away from Facebook’s Gehry designed Menlo Park headquarters. Or as a WWE tournament is from Conde Nast’s Manhattan skyscraper.

    It’s hard to imagine a clearer contrast between coastal elites and the heartland, and between the new economy and the old. On the one side are the glittering cities where workforces of minorities and immigrants do the dirty work behind the slick logos and buzzwords of the new economy. On the other are Rust Belt communities and Southern towns who actually used to make things.

    Facebook’s top tier geniuses enjoy the services of an executive chef, treadmill workstations and a bike repair shop walled off from East Palo Alto’s Latino population and the crime and gang violence. And who works in Facebook’s 11 restaurants or actually repairs the bikes in the back room? Or looks through the millions of pictures posted on timelines to screen out spam, pornography and racism?

    Behind the illusion of a shiny new future are Mexicans getting paid a few dollars an hour to decide if that Italian Renaissance painting you just shared violates Facebook’s content guidelines.

    If you live in the world of Facebook, Lyft, Netflix and Airbnb, crowding into airports shouting, “No Borders, No Nations, Stop The Deportations” makes sense. You don’t live in a country. You live in one of a number of interchangeable megacities or their bedroom communities. Patriotism is a foreign concept. You have no more attachment to America than you do to Friendster or MySpace. The nation state is an outdated system of social organization that is being replaced by more efficient systems of global governance. The only reason anyone would cling to nations or borders is racism.

    The demographic most opposed to President Trump is not a racial minority, but a cultural elite.

    This isn’t a revolution. The revolutions happened in June in the UK and in November in the US. Brexit and Trump were revolutions. The protests against them are a reaction.

  • In the midst of freaking out, Instapundit notes that our elites are displaying why they’re unfit to rule:

    Why all the anger over Trump?

    As I’ve pondered this, I’ve gone back to Tyler Cowen’s statement: “Occasionally the real force behind a political ideology is the subconsciously held desire that a certain group of people should not be allowed to rise in relative status.”

    I think that a lot of the elite hatred for Trump, and for his supporters, stems from just such a sentiment. For decades now, the educated meritocrats who ran America — the “Best and the Brightest,” in David Halberstam’s not-actually-complimentary term — have enjoyed tremendous status, regardless of election results.

    An election’s turn might see some moving to the private sector — say as K street lobbyists or high-priced lawyers or consultants — while a different batch of meritocrats take their positions in government. But even so, their status remained unchallenged: They were always the insiders, the elite, the winners, regardless of which team came out ahead in the elections.

    But as Nicholas Ebserstadt notes, that changed in November. To the privileged and well-educated Americans living in their “bicoastal bastions,” things seemed to be going quite well, even as the rest of the country fell farther and farther behind. But, writes Eberstadt: “It turns out that the year 2000 marks a grim historical milestone of sorts for our nation. For whatever reasons, the Great American Escalator, which had lifted successive generations of Americans to ever higher standards of living and levels of social well-being, broke down around then — and broke down very badly.

    “The warning lights have been flashing, and the klaxons sounding, for more than a decade and a half. But our pundits and prognosticators and professors and policymakers, ensconced as they generally are deep within the bubble, were for the most part too distant from the distress of the general population to see or hear it.”

    Well, now they’ve heard it, and they’ve also heard that a lot of Americans resent the meritocrats’ insulation from what’s happening elsewhere, especially as America’s unfortunate record over the past couple of decades, whether in economics, in politics, or in foreign policy, doesn’t suggest that the “meritocracy” is overflowing with, you know, actual merit.

    In the United States, the result has been Trump. In Britain, the result was Brexit. In both cases, the allegedly elite — who are supposed to be cool, considered, and above the vulgar passions of the masses — went more or less crazy. From conspiracy theories (it was the Russians!) to bizarre escape fantasies (A Brexit vote redo! A military coup to oust Trump!) the cognitive elite suddenly didn’t seem especially elite, or for that matter particularly cognitive.

    In fact, while America was losing wars abroad and jobs at home, elites seemed focused on things that were, well, faintly ridiculous. As Richard Fernandez tweeted: “The elites lost their mojo by becoming absurd. It happened on the road between cultural appropriation and transgender bathrooms.” It was fatal: “People believe from instinct. The Roman gods became ridiculous when the Roman emperors did. PC is the equivalent of Caligula’s horse.”

  • You have to read this Glenn Greenwald piece on what’s wrong with the Democratic Party. “The more alarmed one is by the Trump administration, the more one should focus on how to fix the systemic, fundamental sickness of the Democratic Party. That Hillary Clinton won the meaningless popular vote on her way to losing to Donald Trump, and that the singular charisma of Barack Obama kept him popular, have enabled many to ignore just how broken and failed the Democrats are as a national political force.” Never mind that Greenwald ignores one of the big elephants in the room (the Social Justice Warrior/victimhood identity politics brigade doing such a bang-up job alienating American voters). His description of the other elephant in the room, the party’s fundamentally corrupt and anti-Democratic nature, is fairly acute.
  • The number of Republicans passes the number of Democrats in Gallup’s Party ID tracking poll. This has happened a few times before, but the mere 25% for Democrats does appear to be the lowest rating ever.
  • All the Trump Derangement is masking the Democratic Party’s own civil war. “There is no Barack Obama among the ranks of current Democrats. He simply does not exist. That truth, and Hillary’s defeat, means the years ahead will be ones of rebuilding and rebranding. So far, it’s not going well.” (Hat tip: Director Blue.)
  • Seven days in February. “Why were former Obama-administration appointees or careerist officials tapping the phone calls of an incoming Trump designate and then leaking the tapes to their pets in the press?” Also this: “The Democratic party has been absorbed by its left wing and is beginning to resemble the impotent British Labour party. Certainly it no longer is a national party.”
  • “The Social Security Administration paid $1 billion in benefits to individuals who did not have a Social Security Number.”
  • “This is what Chuck Todd and others like him fail to accept or comprehend: The mainstream media have delegitimized themselves. Republicans and independents watched for eight long years as Todd and others of his ilk did their best to help and support the last administration; not only refusing to hold President Obama to account (the way they are imploring each other to do with Trump) but providing cover for him.” (Hat tip: Ace of Spades HQ.)
  • Turns out that patiently explaining to the deplorable redneck freaks of JesusLand why they’re ignorant rubes that need to be ruled for their own good doesn’t win votes.
  • MSNBC: Controlling what people thing is our job.
  • A look at the shell games played by the dark money left. (Hat tip: Director Blue.)
  • With President Trump, America has an administration that is finally willing to name radical Islam as the enemy.
  • Women celebrate being liberated from the Islamic State. (Hat tip: The Other McCain.)
  • President Trump contemplates designating the Muslim Brotherhood as a terrorist organization and the New York Times freaks out. (Hat tip: Director Blue.)
  • Texas preschool teacher fired for tweeting to “kill some Jews.” (Hat tip: Stephen Green at Instapundit.)
  • Marine Le Pen is winning over French women. In addition to refusing to wear a headscarf, “Le Pen again vowed to protect French women after the mass sexual assault by groups of men in Cologne, Germany, just over a year ago in an op-ed that tied together immigration and women rights.” (Hat tip: Director Blue.)
  • Part of Geert Wilders’ security detail has been suspended for possibly leaking details of Wilders locations to Jihadest groups. “Secret Service chief Erik Akerboom said he could not confirm the man’s identity but confirmed media reports he has a ‘Moroccan background.'”
  • Fourth circuit court decides to just ignore Heller.
  • The AFL-CIO is is cutting staff “amid continuing declines in union membership.” Faster, please. (Hat tip: Instapundit.)
  • Paul Krugman, the Cleveland Browns of economists. (Hat tip: Director Blue.)
  • If you’re looking for a pundit with a clear-eyed vision of where President Donald Trump is going, Ross Douthat is not your man.
  • NASA contemplates a bold leap forward to 1968.
  • Men who SWATed, sent heroin to Brian Krebs’ house sentenced.
  • Cahnman’s Musings has a roundup of what various school district Superintendents make. It’s an interesting list, though I personally would not have broken it up by Texas House committee chairman. I’m not surprised that they average a low six figures, or that the Superintendents of Houston and Dallas ISD make in excess of $300,000. Why I don’t understand is why the Superintendent for Galena Park ISD, a working class school district with 22,549 students and a single 4A high school, makes $270,531, or 90% of the what the HISD Superintendent makes…
  • Feminist derangement syndrome: “I was walking into a gas station for a bottle of water when the man behind me stepped up to open the door for me. With that act of kindness, something inside me snapped and I flew into a blind rage. I began screaming at him at the top of my lungs.” (Hat tip: Ed Driscoll at Instapundit.)
  • Trump Administration to Social Justice Warriors: No tranny bathrooms for you!
  • “I would say 98 percent of the women in the WNBA are gay women” says ex-WNBA player Candice Wiggins, who says she was bullied and harassed for being straight. This is not exactly a surprise, thought that 98% number may be slightly high. I casually followed the WNBA back when the Houston Comets were dominating the league, but haven’t paid attention since they folded. Today half of the teams still lose money. But I’m sure their popularity will skyrocket any day now…

  • Vice President Mike Pence helps repair vandalism at a Jewish cemetery.
  • I have heard the bots reverting, each to each. I do not think that they will revert for me…
  • Are you smuggeling illegal butter, comrade?
  • LinkSwarm for February 19, 2016

    Friday, February 19th, 2016

    Tomorrow (Saturday, February 20) is the South Carolina Republican primary. (Democrats don’t vote in South Carolina until next Saturday, February 27). Current polls have Ted Cruz gaining on Donald Trump. (Hat tip: Conservatives 4 Ted Cruz.)

    A small LinkSwarm going into the weekend:

  • Remember Hillary’s big lead in Nevada? As frequently happens to items owned by the elderly, she seems to have misplaced it.
  • Also, the AFL-CIO has decided not to open their bank vault of compulsory union dues to Hillary.
  • Ted Cruz’s already has a grassroots army on the ground in Texas.
  • Remembering Ted Cruz’s role in DC vs. Heller. (Bonus: Here’s the brief on Heller Cruz helped author.)
  • The most trusted states in the union have Republican governments, while the least trusted ones are run by Democrats. (Hat tip: Instapundit.)
  • Venezuela’s socialist government is so desperate they’re trying a few “too little too late” reforms, like “replacing a leftist sociologist who has denied existence of inflation” with a businessman and raising the price of subsidized gasoline. Problem is, since they’re socialists, gasoline is still heavily subsidized compared to market prices.
  • Charles Koch agrees with Bernie Sanders. Sort of…
  • China stops reporting cash outflows. Hmmm….
  • Rio de Janeiro to Olympic athletes: Suck it up and swim in the cesspool.
  • How to prep for a fire. And I’ve already downloaded one of those emergency radio apps for my iPhone.
  • Harper Lee, RIP.
  • Scalia: Conservatives Morn, Liberals Celebrate

    Sunday, February 14th, 2016

    The reactions to the unexpected death of Supreme Court Justice Antonin Scalia are still coming in. Conservatives (and some liberals) hailed him as a great justice, a keen mind, and one of the court’s finest writers. Other liberals…

    Eh. Let’s get to the sweet before the bitter.

  • Texas Senator and Republican presidential candidate Ted Cruz:

    Today our Nation mourns the loss of one of the greatest Justices in history – Justice Antonin Scalia. A champion of our liberties and a stalwart defender of the Constitution, he will go down as one of the few Justices who single-handedly changed the course of legal history.

    As liberals and conservatives alike would agree, through his powerful and persuasive opinions, Justice Scalia fundamentally changed how courts interpret the Constitution and statutes, returning the focus to the original meaning of the text after decades of judicial activism. And he authored some of the most important decisions ever, including District of Columbia v. Heller, which recognized our fundamental right under the Second Amendment to keep and bear arms. He was an unrelenting defender of religious liberty, free speech, federalism, the constitutional separation of powers, and private property rights. All liberty-loving Americans should be in mourning.

    Justice Scalia’s three decades on the Court was one of President Reagan’s most consequential legacies. Our prayers are with his beloved wife Maureen, their nine children, and their precious grandchildren.”

  • Former Texas Attorney General and current Texas Governor Greg Abbott:

    Justice Antonin Scalia was a man of God, a patriot, and an unwavering defender of the written Constitution and the Rule of Law. He was the solid rock who turned away so many attempts to depart from and distort the Constitution. His fierce loyalty to the Constitution set an unmatched example, not just for judges and lawyers, but for all Americans. We mourn his passing, and we pray that his successor on the Supreme Court will take his place as a champion for the written Constitution and the Rule of Law. Cecilia and I extend our deepest condolences to his family, and we will keep them in our thoughts and prayers.

  • Instapundit and law professor Glenn Reynolds: “As we remember Justice Scalia’s time, let us remember that every age’s smug certainties come to an end eventually and that the dissents of Supreme Court Justices often turn out to be prophetic.”
  • Powerline’s John Hinderaker: “Scalia was a towering intellect and a great justice.”
  • Ross Douthat:

    He was important because of his intellectual influence. There were and are many legal theories and schools of constitutional interpretation within the world of American conservatism. But Scalia’s combination of brilliance, eloquence and good timing — he was appointed to the court in 1986, a handful of years after the Federalist Society was founded, and with it the conservative legal movement as we know it — ensured that his ideas, originalism in constitutional law and textualism in statutory interpretation, would set the agenda for a serious judicial conservatism and define the worldview that any “living Constitution” liberal needed to wrestle with in order to justify his own position.

    This intellectual importance was compounded by the way he strained to be consistent, to rule based on principle rather than on his partisan biases — which made him stand out in an age when justices often seem as purely partisan as any other office holder. Of course there were plenty of cases (“Bush v. Gore!” a liberal might interject here) in which those biases probably did shape the way he ruled. But from flag burning to the rights of the accused to wartime detention, Scalia had a long record of putting originalist principle above a partisan conservatism. And this, too, set an example for his fellow conservatives: The fact that today the court’s right-leaning bloc has far more interesting internal disagreements than the often lock-step-voting liberal wing is itself a testament to the premium its leading intellectual light placed on philosophical rigor and integrity.

  • Even honest liberals who disagree with Scalia’s politics praised the keenness of his mind and prose:

  • Jeet Heer in The New Republic from last year: “Antonin Scalia Is the Supreme Court’s Greatest Writer.”
  • Jeffrey Toobin in The New Yorker:

    In his most significant decision for the court’s majority, District of Columbia v. Heller, in 2008, Scalia transformed the understanding of the Second Amendment. Reversing a century of interpretation of the right to bear arms, he announced that individuals have a constitutional right to possess handguns for personal protection. The Heller decision was so influential that even President Obama, whose politics differ deeply from Scalia’s, has embraced the view that the Second Amendment gives individuals a constitutional right to bear arms.

  • And noted liberal legal scholar Alan Derschowitz priased Scalia: “Love him or hate him, every American should appreciate his contribution to U.S. law. The word unique is often overused, but they broke the mold when they created Justice Scalia. There will never be another like him. I will miss him both personally and professionally.”
  • Meanwhile, other liberals have reacted with unbridled joy:

    (Hat tip: Breitbart.)

  • Scroll through these Salon comments to see numerous liberals openly calling for Clarence Thomas’ death.
  • Twitchy has more examples of liberals openly wishing for Clarence Thomas’ death.
  • A reminder, yet again, that conservatives regard liberals as wrong, but many liberals regard conservatives as not just wrong but evil, and feel no absolutely no remorse in openly celebrating the death of a great man for the crime of daring to hold non-liberal thoughts.

    LinkSwarm for February 5, 2016

    Friday, February 5th, 2016

    Presidential elections, Islamic terrorism, gun rights, crooked locksmiths: Something for (almost) everyone in your Friday LinkSwarm:

  • So why did Hillary Clinton take $675,000 for three speeches to Goldman Sachs? “That’s what they offered.” I actually like the refreshing honesty about that answer, since we already know Granny Crooked McCankles is all about the benjamins. But Hillary saying she hadn’t decided to run for President yet when she took the money? That’s just pissing on our leg and calling it rain…
  • Why is the Republican establishment willing to consider one heresy to their worldview (subsidizing the working poor) but not another (actually enforcing immigration law and securing the borders)?
  • An inside look at Boko Haram.
  • According to Donald Trump, Ted Cruz gave us ObamaCare. By voting to confirm John Roberts. Before Cruz was even in the senate. Hey, why should Ted Cruz even bother to run for President if he’s capable of time travel?
  • Remembering the genocide Muslim Turkey committed against Christian Armenians.
  • The gun rights movement continues to win victories around the country:

    To recap: Gun-control activists declared Virginia their proving ground and poured unbelievable amounts of money into a state-senate election; then they lost that election; then they bet big on executive actions instituting new gun control; they watched as those actions were not only reversed but gun rights were expanded.

    If we take Virginia as the bellwether that the gun-control activists envisioned, then gun control is dead as a 2016 issue.

  • And according to this legal paper by Instapundit Glenn Reynolds, lower courts are scrutinizing even modest post-Heller gun rights restrictions.
  • West Virginia is on the brink of becoming a right-to-work state.
  • Who knew New Hampshire had such a serious drug problem? Or that they were the hardest-drinking state in the union? (Hat tip: Jim Geraghty via his Morning Jolt.)
  • Old and Busted: “The solution to misguided speech is more speech.” The New Hotness: “Your non-liberal speech is toxic. Goodbye comments!”
  • Debunking the “BernieBro” myth social justice warrior types are trying to gin up.
  • Rick Santorum stops pretending to run for President.
  • Male yahoo employee claims illegal sex discrimination in Yahoo CEO Marissa Mayer’s ranking system.
  • Feminists freak out over people daring to point out how just how unlikable Hillary Clinton is. Then again, when are feminists ever not freaking out?
  • How fake locksmiths are gaming Google maps to rip you off. It’s an eye-opening piece, and another reason you should join Angie’s List
  • DC Handgun Ban Struck Down; DC Police Chief Capitulates?

    Sunday, July 27th, 2014

    DC gun ban struck down in federal court:

    Judge Frederick Scullin concluded that current prohibitions are an unconstitutional violation of the Second Amendment right to bear arms, in a win for gun rights advocates.

    Based on previous court rulings striking down gun laws in D.C., Chicago and elsewhere, “there is no longer any basis on which this Court can conclude that the District of Columbia’s total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny,” Scullin wrote in his 19-page decision, which was unsealed on Saturday.

    Now, via Ted Cruz staffer Josh Perry, comes two tweets that, if true, smell a whole lot like “Total Victory.”

    Now, via Josh Perry, come two tweets that, if true, small a whole lot like “Total Victory.”

    Still waiting for SMSM confirmation that D.C. Chief of Police Cathy Lanier has issued this order, but if true, this is the final culmination of the second amendment rights that DC vs. Heller confirmed finally being actually fulfilled.

    Firearm Releated Homicides Have Declined for Five Straight Years

    Saturday, December 15th, 2012

    So sayeth the FBI.

  • 2007: 10,129 Firearm Homicides
  • 2008: 9,528 Firearm Homicides
  • 2009: 9,199 Firearm Homicides
  • 2010: 8,874 Firearm Homicides
  • 2011: 8,583 Firearm Homicides
  • They may have declined for longer than that, but the table only goes back to 2007, and the 2012 data period obviously hasn’t ended yet.

    Between concealed carry laws and DC. vs. Heller, more law-abiding citizens are carrying guns than ever before, but gun violence isn’t up, it’s down.

    I guess John Lott was right.