More lawsuits are pouring in against the Biden administration’s recent decision to redefine firearms with pistol braces as short-barrelled rifles (SBR) under the National Firearms Act (NFA), with Texas Attorney General Ken Paxton and Gun Owners of America (GOA) filing a joint lawsuit seeking to block the rule.
The lawsuit, State of Texas v. ATF, was filed in the Federal Southern District Court of Texas on Thursday, joining two other lawsuits filed in federal district courts in Texas. Those include a challenge filed by attorneys with the Wisconsin Institute for Law and Liberty in the Northern District, and a challenge filed in the Eastern District by the Texas Public Policy Foundation (TPPF).
GOA called their lawsuit “the most comprehensive” among those filed, writing, “Our complaint makes clear that the agency’s rule violates the Second Amendment ‘text, history and tradition’ standard set forth by the Supreme Court in its recent Bruen case.” GOA also said their case argues the rule violates several other constitutional provisions, including being an “invalid” exercise of taxing authority.
Paxton also released a statement on the lawsuit, saying he is hopeful they prevail in blocking the rule.
“This is yet another attempt by the Biden Administration to create a workaround to the U.S. Constitution and expand gun registration in America,” Paxton said in the release. “There is absolutely no legal basis for ATF’s haphazard decision to try to change the long-standing classification for stabilizing braces, force registration on Americans, and then throw them in jail for ten years if they don’t quickly comply. This rule is dangerous and unconstitutional, and I’m hopeful that this lawsuit will ensure that it is never allowed to take effect.”
Today, Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) jointly filed a lawsuit challenging the Biden Pistol Brace Ban with Texas Attorney General Ken Paxton. The suit was filed in U.S. District Court for the Southern District of Texas.
This new rule, which took effect on January 31st of this year, will force Americans to register or destroy their approximately 40 million lawfully owned brace firearms within 120 days, or face possible felony charges.
Erich Pratt, GOA’s Senior Vice President, issued the following statement:
“Millions of Americans are facing a very tight deadline to destroy or register their lawfully owned property under this draconian new rule. We hope the court will hear the pleas of gun owners across the country who will be irrevocably harmed by this rule, and GOA stands ready to fight it at every turn.”
Sam Paredes, on behalf of the board for GOF, added:
“This rule will have some of the most wide-reaching impacts nationwide in the tyrannical history of gun control. We the People will not tolerate this abuse.”
Having a state Attorney General join your lawsuit tends to do wonders to establish standing to sue the federal government. Like bump stocks, ATF has decided to retroactively make an entire class of widely-owned firearms accessory illegal, along with turning millions of lawful gun owners into felons for continuing to possess the same accessories they had already lawfully purchased. The composition of the Supreme Court has changed since Gundy v. United States was decided, and the current court may be much more inclined to reign-in delegation of congressional powers to regulatory agencies.
Here’s a longer-than-usual LinkSwarm, since last week’s edition was wiped out by the ice storm power outage.
The leftwing corruption of all government institutions continues apace. “US lost 287,000 jobs while government was reporting +1 million in gains.” (Hat tip: Instapundit.)
“That’s because economic growth is slowing down,” explains research fellow EJ Antoni. “Even the areas which contributed positively to gross domestic product (GDP) are not necessarily signs of prosperity. For example, business investment grew at only 1.4 percent in the fourth quarter, but that was almost entirely inventory growth. Nonresidential investment, a key driver of future economic growth, was up just 0.7 percent.”
“Meanwhile, residential investment fell off a cliff,” Antoni continued, “dropping 26.7 percent as consumers were unable to afford the combination of high home prices, high interest rates and falling real incomes. No wonder homeownership affordability has fallen to the lowest level in that metric’s history.”
There was a gain in net exports, but that was largely a mirage created by a major slowdown in international trade. “Imports are simply falling faster than exports, which shows up as an increase in GDP.”
But probably most concerning to Antoni is the sharp decline in real disposable income in 2022, which exceeded $1 trillion.
“This is the second-largest percentage drop in real disposable income ever, behind only 1932, the worst year of the Great Depression,” he observed. “To keep up with inflation, consumers are depleting their savings and burning through the ‘stimulus’ checks they received during 2020 and 2021. Credit card debt continues growing, while savings plummeted $1.6 trillion last year, falling below 2009 levels.”
Boom. “Texas has punted Citigroup from the syndicate that’s set to manage the Lone Star state’s largest-ever municipal bond offering, saying the bank’s policies for gun retailers discriminate against the firearms industry.”
Grand Theft Pollo. The food service director of an impoverished Illinois school district was charged with stealing $1.5 million of food — most of which was chicken wings. Vera Liddell, 66, allegedly began stealing from the Harvey School District during the height of COVID-19.” (Hat tip: Dwight.)
Bill Maher continues to take regular red pills. “The problem with communism and some very recent ideologies here at home, is that they think you can change reality by screaming at it.”
We could be heroes, just for one day. Or once a month, as the case may be…
This week in rapper murders: “Tampa rapper arrested for young mother’s murder days after being acquitted of recording studio double-murder.”
A Tampa jury acquitted Billy Adams of killing two men in a makeshift recording studio in Lutz. He walked free from a Tampa courtroom on January 27.
Three days later, a young mother who was pregnant with her second child was found shot to death in a residential area of New Tampa. Her toddler was still in her vehicle nearby.
A week after her death, Tampa police said Billy Adams “did admit to being the one to pull the trigger.”
Velma, if you haven’t heard, is HBO Max’s “re-imagining” of the animated Scooby-Doo TV show. And by “reimagined” I mean “mangled and mutilated to fit the angry, narrow confines of social justice warrior ideology.”
Since I don’t have cable, I can’t go out of my way to watch it for the sake of reviewing it, so let’s let The Critical Drinker take a whack at it:
If that weren’t enough, let’s let Ryan George of Pitch Meeting also take his turn at bat:
The original Scooby-Doo is hardly going to go down in the annals of television as a classic on the order of Hill Street Blues or I Love Lucy, but it was a solid, wholesome kid-vid TV show that made good use of its limited animation budgets to produce solid, fondly remembered shows that the franchise was strong enough to survive decades of tweaks (“with special guest Don Knotts”), soft reboots, a series of unlikely direct to video movies…
…two “meh at best” live action movies, and even inflicting The Vile Abomination on American viewers.
Even apart from the social justice idiocy, throwing away that legacy for derisive belittlement is just wrong. Moreover, these projects never seem to be profitable or even well-received (remember the disasterous Land of the Lost remake with Will Ferrell?). If you don’t treat the source material with a due amount of respect, all you’re doing pissing off generations of people that grew up watching the originals.
This sort of thing is natural meat for The Critical Drinker, who delights in tearing into Social Justice crap. But the pointed Pitch Meeting takedown seems far more significant, as George has never been one to wade in culture war commentary.
Fallout from the House speaker’s race, Biden busted for mishandling classified files, more blue state teachers raping their students, Cadillac’s EV breaks into double digit sales, and the Imelda Marcos disco musical! It’s the Friday LinkSwarm!
Kevin McCarthy finally wins Speaker of the House race on 15th vote after offering concessions to the House Freedom Caucus.
How is McCarthy doing? Early signs are encouraging. “The House of Representatives passed a new rules package Monday that overhauls the way it functions by putting up more barriers to congressional spending and creating a more deliberate process for passing legislation, which were key demands of the more conservative members of the Republican Party.” (Hat tip: Sarah Hoyt at Instapundit.)
House Speaker Kevin McCarthy (R., Calif.) used Thursday morning’s press briefing to criticize the Department of Justice’s handling of the issue.
“They knew this happened to President Biden before the election, but they kept it secret from the American public,” McCarthy told a scrum of reporters on Capitol Hill.
Chicago Board of Education Inspector General Will Fletcher reported 470 sexual complaints against Chicago Public School employees from students in 2022.
“The report details students being abused, groped, groomed, assaulted and threatened by school officials.
“One investigation found a former Junior ROTC staff member had sex with a 16-year-old high school student for a year. When he learned there was an investigation, the staff member threatened to kill the girl and her family if she cooperated with investigators.”
The teachers’ union in Chicago, Randi Weingarten’s American Federation of Teachers, so praised by Joe Biden, has done nothing and said nothing about it so far as I can tell, and I did look, focusing instead on promoting critical race theory into the school system. Left unsaid is that the union ensures that firing any of these teachers involved in this activity is virtually impossible. Chicago’s public schools’s firing rate of bad teachers owing to their union membership, as of a few years ago, is 0.1%.
What’s vivid here amid all this widespread predatory behavior from the teaching classes, which like Harvey Weinstein, are prolific campaign donors to Democrats, is that the low outrage factor stands in sharp contrast to the sexual abuse scandals of the Catholic Church, which was ordered by courts to pay billions in reparations to the victims, has seen its leaders publicly apologize for the abuses, and has many programs now to prevent child abuse by perverts in authority. This activity was evil and inexcusable and rightly punished.
As for the more widescale abuse now seen in Chicago’s public schools, along with comparable scandals in the Los Angeles public school system, and other bad cases in New York and other blue cities, well, crickets. The perversion has gotten out of control in Chicago and the story barely makes the national news.
How Biden’s inflation is destroying family budgets:
The reality of the inflation report for American families – year-over-year real wages have been negative for 21 straight months. pic.twitter.com/1Bh4DNqZBF
A federal appeals court on Friday struck down the Trump-era ban on bump stocks, a firearm accessory that enables a semi-automatic gun to shoot at an increased rate of fire.
In a 13-3 decision, the 5th Circuit Court of Appeals in New Orleans held that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), acting under “tremendous” public pressure, short-circuited the legislative process by approving a rule to define bump stocks as “machineguns,” which are illegal to possess. The court said ATF did not have the authority from Congress to do so.
This is what a real pro-natalist policy looks like: “Hungary addresses falling birthrates by exempting moms under 30 from income tax for life.” More:
Hungary has taken several measures in recent years to encourage its citizens to have more children, including three years of paid parental leave and state-funded daycare.
The country previously suspended income tax for moms with four or more children, but this new policy specifically encourages women to have children sooner, which in the long run means a higher likelihood of having more children overall.
Israel hit Syria again, and I heard just about nothing about it. Ukraine has really pushed Syria out of the headlines.
Speaking of Ukraine, Russia has largely captured the salt mining town of Soledar, though at a high cost in man. And good luck checking those hundreds of miles of salt tunnels for partisans…
“Tesla plans Houston-area expansion with large new industrial site in Brookshire…Little is known about Tesla’s plans, but the Fortune 500 company signed a lease late last year for about 1.03 million square feet at 111 Empire West, part of the 300-acre Empire West Business Park in Brookshire.” A bold move, considering how radically car sales have dived this year.
Other EVs update: “GM delivers record Cadillac Lyriq deliveries in Q4 – 12 per month.”
“David Byrne, Fatboy Slim Disco Musical ‘Here Lies Love’ Sets Broadway Debut. The musical, which has had a long journey to Broadway, centers on the life of Imelda Marcos, the former first lady of the Philippines.” They say the mirror ball shine bright on Broadway… (Hat tip: Dwight.)
Another criminal finds out the hard way that it is unwise to try and rob people in Texas.
A customer at Ranchito Taqueria shot and killed a man who robbed the restaurant in southwest Houston late Thursday night, according to the Houston Police Department.
It happened just before 11:30 p.m. Thursday at the restaurant on S. Gessner near Bellaire Boulevard.
Bellaire at Gessner is right where working classic Hispanic Houston meets Asian Houston, with a Hispanic Fiesta supermarket, Strake Jesuit (one of Houston’s premiere private Catholic high schools), and a Chinatown all within a few blocks.
Houston police said the armed man in a mask came inside the restaurant, demanding money and wallets from customers. However, as he was leaving, one of those customers shot the suspect.
The incident was caught on surveillance video.
Houston police also released surveillance photos of the customer who shot the robber in the video. Investigators said he is wanted for questioning for his role in the shooting. He has not been identified and is not charged at this time.
Seeing as how Houston’s legal system as started getting infected with social justice, I don’t see how turning himself in for questioning would be in the shooter’s best interest.
The shooter collected the stolen money from the robber and returned it to the other patrons, police said. Then the rest of the people in the restaurant left the scene before the police arrived.
Colion Noir has a reaction video, and why he thinks it’s a righteous shoot:
“When you look up the definition of Texas in a dictionary, it literally says everyone and their mama has a gun.”
“There are over 300 million guns in this country, and 90% of them are in Texas The rest are in Florida. Why would you possibly think you can walk into a taqueria in southwest Houston, Texas and think no one in there has a gun?”
Ian McCollum tackles an important and long-debated question among AR-15 owners: Can you run .223 Remington and 5.56 NATO ammo interchangeably without any problems?
Short answer: Yes!
Plus he clears up a little bit of misunderstanding about “military grade” ammo.
Since August, Russian forces (including a large contingent of Wagner Group mercenaries) has been assaulting the Ukrainian city of Bakhmut in the Dunba with almost monomaniacal focus, despite very little to show for their efforts. Despite small successes for Russia (a few streets here, an industrial area there, even capturing a garbage dump on the edge of town was listed as a major Russian achievement a few weeks ago) almost all of Bakhmut has remained stubbornly in Ukrainian hands.
However, over the last day or two, tentative reports having come in that not only have Russian attacks slacked off, but that Ukrainian forces have recaptured not only just about all the hard-won territory Russia had gained in the city itself, but that some outlying areas were liberated after months of control. At the same time, there are numerous, persistent reports that Russia is running low on artillery shells in the region. (To be fair, repeated predictions that Russia must be running low on dumb ammunition of various types have failed to pan out heretofore.)
Here Suchomimus reports that Russia has been pushed out of the industrial areas of Bakhmut in the east, and that Ukraine has recaptured most of the town of Opytne to the immediate southeast.
Russian forces’ rate of advance in the Bakhmut area has likely slowed in recent days, although it is too early to assess whether the Russian offensive to capture Bakhmut has culminated. Russian milbloggers acknowledged that Ukrainian forces in the Bakhmut area have managed to slightly slow down the pace of the Russian advance around Bakhmut and its surrounding settlements, with one claiming that Ukrainian forces pushed back elements of the Wagner Group to positions they held days ago. Ukrainian social media sources previously claimed that Ukrainian forces completely pushed Russian forces out of the eastern outskirts of Bakhmut around December 21. ISW has also assessed that Russian forces made slightly fewer overall advances in the Bakhmut area in November and December combined as compared to the month of October.
Russian forces will likely struggle to maintain the pace of their offensive operations in the Bakhmut area and may seek to initiate a tactical or operational pause. The United Kingdom Ministry of Defense (UK MoD) reported on December 24 that Russian forces currently lack the necessary stockpile of artillery munitions to support large-scale offensive operations and that sustaining defensive operations along the lengthy frontline in Ukraine requires the Russian military to expend a significant number of shells and rockets daily. The Ukrainian Joint Forces Task Force released an interview on December 24 with a Ukrainian servicemember in the Bakhmut area detailing that Russian forces have been conducting an extremely high pace of assaults on Ukrainian positions in the area with little corresponding progress. The Wagner Group’s reported heavy losses in the Bakhmut area in recent weeks have also likely strained Russian forces’ current operational capabilities in the area.
The Russian military’s personnel and munitions constraints will likely prevent it from maintaining the current high pace of offensive operations in the Bakhmut area in the near-term. Russian forces previously allocated significant resources in a meat-grinder effort to seize Severodonesk and Lysychansk in spring–summer 2022. Russian forces culminated after capturing Lysychansk in early July and failed to capture neighboring Siversk to the east or Slovyansk to the northeast. The Russian military’s fixation with conducting a highly attritional campaign to achieve the tactical objectives of capturing Severdonetsk and Lysychansk ultimately undermined the Russian military’s ability to achieve its larger operational objective to envelop Ukrainian forces in a cauldron along the E40 highway and eventually drive to Donetsk Oblast’s western administrative borders. Russia’s relentless and costly push on Bakhmut may also degrade Russia’s ability to pursue long-term objectives in the Donbas theater.
Another sign Russia may be running out of shells in Bakhmut: A tweet from Wagner Group saying just that, while also calling the Chief of Russian General Staff a “faggot.”
Russian mercenaries from Wagner insult the Chief of Russian General Staff with obscene words and complain that they have no ammunition pic.twitter.com/7LYvN2MzHr
As usual with Ukraine news, all this is very tentative, and could be reversed to tomorrow. But right now it looks like Ukraine has the upper hand in Bakhmut.
Howdy! Hope everybody had a great Thanksgiving! I spent six days up in the Dallas/Fort Worth Metroplex, visiting relatives and buying some 180 books, some for myself and some to deal. Enjoy a Friday LinkSwarm!
We keep hearing that it’s impossible rig government unemployment statistics, but something funny is going on.
A superficial take of today’s jobs report would note that both jobs and earnings “blew past expectations, flying in the face of Fed rate hikes”, and while that is accurate at the headline level, it couldn’t be further from the truth if one actually digs a little deeper in today’s jobs numbers.
Recall that back in August, September, and October we showed that a stark divergence had opened between the Household and Establishment surveys that comprise the monthly jobs report, and since March the former has been stagnant while the latter has been rising every single month. In addition to that, full-time jobs were plunging while part-time jobs were surging and the number of multiple-jobholders soared.
Fast forward to today when the inconsistencies not only continue to grow, but have become downright grotesque.
Consider the following: the closely followed Establishment survey came in above expectations at 263K, above the 200K expected – a record 7th consecutive beat vs expectations – and down modestly from last month’s upward revised 284K…
… numbers which confirm that at a time when virtually every major tech company is announcing mass layoffs…
… the BLS has a single, laser-focused political agenda – not to spoil the political climate at a time when Democrats just lost control of the House as somehow both construction (+20K) and manufacturing (+14K) added jobs according to the BLS, when even ADP now reports that these two sectors combined shed more than 100,000 workers in November.
Alas, there is only so much the Department of Labor can hide under the rug because when looking at the abovementioned gap between the Household and Establishment surveys which we have been pounding the table on since the summer, it just blew out by a whopping 401K as a result of the 263K increase in the number of nonfarm payrolls (tracked by the Household survey) offset by a perplexing plunge in the number of people actually employed which tumbled by 138K (tracked by Household survey). Furthermore, as shown in the next chart, since March the number of employed workers has declined on 4 of the past 8 months, while the much more gamed nonfarm payrolls (goalseeked by the Establishment survey) have been up every single month.
What is even more perplexing, is that despite the continued rise in nonfarm payrolls, the Household survey continues to telegraph growing weakness, and as of Nov 30, the gap that opened in March has since grown to a whopping 2.7 million “workers” which may or may not exist anywhere besides the spreadsheet model of some BLS (or is that BLM) political activist.”
A non-profit bankrolled by some of the nation’s largest corporations and left-wing billionaire George Soros is conducting a racial census of House and Senate staff as part of its effort to establish a “Bipartisan Diversity and Inclusion Office,” according to internal emails obtained by the Washington Free Beacon.
Senate and House staff received emails from a researcher at the Joint Center for Political and Economic Studies starting in July asking them to confirm their “racial and ethnic identity” as part of an alleged data collection effort. In at least two cases, senior congressional staffers who declined to provide their races were told by the researcher that the organization’s current data indicated they “may identify as white” and asked the staffers to update if the information was incorrect.
Information collected by the group will be used in its annual report that lobbies for “structural changes on Capitol Hill that would allow for more people of color to be hired in senior positions,” a previous report from the group states. That report is made possible in part by millions of dollars in donations to the Joint Center for Political and Economic Studies from Apple, Google, Meta, Pfizer, the Soros-backed Open Society Foundation, among dozens of other large corporations and nonprofits.
The Joint Center for Political and Economic Studies’ survey is part of a broader trend by left-wing organizations to pressure workplaces and governments to increase affirmative action policies. Often couched in promoting “diversity, equity, and inclusion,” those policies have received criticism for coming at the expense of competence and offering advantages based on race instead of merit.
Rush was charged with a second-degree felony, aggravated assault with a deadly weapon family violence. An emergency protection order was issued against him, and he was soon back on the streets after making a $40,000 bond, KVUE reported.
“For $4,000, you can get out, go home, watch Netflix after trying to murder your ex-girlfriend — are you kidding me?” one of the customers said.
So in addition to aggravated assault with a deadly weapon and possible attempted murder, our super-genius lawyer also violated section 46.03 of the Texas penal code by carrying a gun into a bar. And he bonded out. For all that Democrats blather about “gun violence,” they don’t seem top treat gun felonies with any seriousness when they actually occur. Thanks, Soros-backed DA Jose Garza!
But it turns out that Rush didn’t just go go home to watch Netflix, as he was found dead on Thursday.
In one meeting, Deon Jackson went from South Carolina’s Berkeley County school superintendent to unemployed.
His firing came at the hand of a newly-elected school board, which appears to have declared a judgment day for woke practices in its district.
In its first meeting after the Nov. 8 election, the board fired superintendent Jackson and school counsel Tiffany Richardson. Then it hired Anthony Dixon as superintendent and retained Brandon Gaskins as counsel. And before the day was over, the board banned teaching critical race theory and created a board to review library books for pornographic content.
Moms for Liberty, an activist group that supports parental rights in education, endorsed six of the board’s nine members. Many Moms for Liberty candidates won school board elections this November.
Speaking of disinformation, CNN carries out more mass layoffs, including Chris Cillizza. Let’s have a moment of silences for his careerOK that’s enough.
Legal Insurrection conducts a 2024 presidential preference poll. Not surprisingly, DeSantis comes in first and Trump second. Nikki Haley third over Ted Cruz is a mild surprise. Greg Abbott ranked dead last, tied with Liz Chaney, is a much bigger one.
Blogger, owned by Google, has evidently decided that it, and not the individual bloggers that use it, are the ultimate arbiter of what those bloggers should be allowed to say, and they’ve started censoring Borepatch. From Friday, November 25, 2022:
In the ongoing effort to protect the world from Borepatch, the following actions have been taken by The Blogger Team.
https://borepatch.blogspot.com/2008/06/what-smells-good.html has been removed.
http://borepatch.blogspot.com/2011/05/america-do-your-part-to-when-harry-met.html has been put behind a warning wall.
http://borepatch.blogspot.com/2010/06/ouch.html has been put behind a warning wall.
As a blogger and Borepatch reader, this sticks in my craw, so here is a a Wayback Machine link to “What smells good.” What Google hopes to accomplish by censoring a 14-year old post to gun cleaning solvents is unclear.
As you may know, our Community Guidelines
(https://blogger.com/go/contentpolicy) describe the boundaries for what we allow– and don’t allow– on Blogger. Your post titled “How do we know that Climate “science” is terribly weak?” was flagged to us for review. We have determined that it violates our guidelines and have unpublished the URL http://borepatch.blogspot.com/2014/07/how-do-we-know-that-climate-science-is.html, making it unavailable to blog readers.
Why was your blog post unpublished?
Your content has violated our Malware and Viruses policy. Please visit our Community Guidelines page linked in this email to learn more.
Reading the archived piece, I see nothing that could even be remotely construed as code.
It seems Google is using vague terms-of-service complaints to carry out ideological language policing in the name of crushing dissent against The Holy Narrative.
And it seems like a pretty good reason not to choose Blogger as your platform if you can choose something else.
The combination of pretending to transition to a green energy future combined with dependence on Russian gas and the fallout of the Russo-Ukrainian War has Germany looking at some very tough choices:
“Europeans have chosen to largely remove natural gas from their industrial space, and so we are seeing huge amounts of industrial closures across the entire industrial space.”
“Natural gas isn’t just part of their electricity system, it’s part of their petrochemical system, which is what makes their manufacturing sector possible. So in shutting all this stuff down the Europeans are choosing, maybe not consciously, but they are choosing a general de-industrialization trend for the entire continent.”
“No one is making nitrogen-based fertilizer in Europe anymore. No one is smelting aluminum anymore. A lot of the steel foundries are shutting down.”
And so far it’s a relatively mild winter in Europe. Next year will be worse.
Zeihan talks about how Germany “fudges” some of it’s green energy pledges. (In a previous video he mentioned some bit of legerdemain where they don’t count fossil fuel baseload power that spins up to take over for solar at night.) So exactly what has Germany’s much-vaunted green energy programs accomplished? Not much.
In 2000, Germany obtained 84 percent of its energy from fossil fuels. By 2019, it was 78 percent. As Vaclav Smil pointed out a couple of years ago, at this rate, Germany would still be deriving 70 percent of its energy from fossil fuels by the year 2050.
Sure, Germany hasn’t managed to transition away from fossil fuels, but they have managed to make their energy infrastructure expensive and unreliable…
