Archive for the ‘Supreme Court’ Category

Federal Judge Rules ObamaCare Unconstitutional

Saturday, December 15th, 2018

The budget busting, premium-hiking monster that is ObamaCare may finally be slain:

A judge ruled Friday evening that Obamacare is unconstitutional, putting the future of the federal healthcare law in jeopardy.

The decision, issued by U.S. District Judge Reed O’Connor in the Northern District of Texas — a George W. Bush appointee, is likely to face an appeal to the Fifth Circuit. Obamacare will remain in place pending appeal .

The suit in the case, Texas v. Azar, was brought by 20 Republican state officials, who have asked that all of Obamacare be thrown out as a consequence of the new tax law, which zeroed out a penalty on the uninsured, known as the “individual mandate.” The officials argued that the penalty was central to making the rest of the law work, and that without it, the rest should crumble.

O’Connor appeared to sympathize with this argument in his opinion. He explained that he believed Congress would not have enacted Obamacare in the first place, with its various rules and taxes, without the mandate, and that the regulatory framework was intended to work together.

“Congress stated many times unequivocally — through enacted text signed by the president — that the individual mandate is ‘essential’ to the ACA,” he wrote of the Affordable Care Act, the formal name for Obamacare. “And this essentiality, the ACA’s text makes clear, means the mandate must work ‘together with the other provisions’ for the Act to function as intended.”

O’Connor was talking about the Obama administration’s argument that the mandate could not be severed from the rest of the law in a 2012 Supreme Court case. In his opinion, he elaborated on the different ways that Obamacare had been challenged in court and in Congress.

“It is like watching a slow game of Jenga, each party poking at a different provision to see if the ACA falls,” O’Connor wrote.

The “death of a thousand cuts” approach undertaken by congressional Republicans and the Trump Administration may finally be bearing fruit. Remember that the central conceit that allowed the Supreme Court to find ObamaCare constitutional in National Federation of Independent Business vs. Sebelius was treating the individual mandate as a tax, and the individual mandate was repealed in 2017.

Consider how radically the political environment has changed. Many of the baleful effects Republican foresaw for ObamaCare (spiraling premiums and declining choices) have come to pass. Also, in chasing their Russian collusion fantasy, the Democratic Media Complex has had precious little bandwidth to expend on extolling the supposed wonders of ObamaCare. Chief Justice John Roberts may well feel that he has a chance to undo a mistake in being the deciding vote in the originalSebelius decision now that the political pressure and scrutiny has lessened.

Texas vs. Azar may deliver ObamaCare the mercy killing it so richly deserves.

LinkSwarm for November 9, 2018

Friday, November 9th, 2018

Texas election analysis is coming next week. Meanwhile, Democrats appear to be in the midst of voting fraud in Broward County, Florida.

  • Man who vandalized NYC synagogue was a gay black Democratic activist.
  • Another Obama-era intelligence failure resulted in dozens of deaths China. Thanks, Obama… (Hat tip: Director Blue.)
  • Jeff Sessions resigns as Attorney General, replaced on at least an interim basis by his chief of staff Matthew G. Whitaker. Very early on in the Trump Administration, I decided that there were two things I wasn’t going to pay much attention to: 1. Reports of dysfunction or “chaos” among White House staffers, and 2. Trump tweets slamming various people. (See any of my previous posts on Trump persuasion techniques.) I have no particular insight into intra-White House squabbles, and reporting on this issue is so bad or overblown that there’s too much noise for me bother to extract signal from. So go elsewhere for how Sessions fits into the “Deep State vs. Trump” narrative. (Over at Powerline, they put up both anti-Sessions and pro-Sessions pieces.)
  • Democratic billionaire Tom Steyer wants House Democrats to impeach Trump. I’m sure there’s no way that could possibly backfire on them…
  • Nine more Hidalgo County voter fraud arrests:

    Nine individuals were arrested Thursday for their alleged roles in a 2017 voter fraud scheme involving the municipal election in a Texas border town.

    These arrests were part of an ongoing investigation into a coordinated effort by political workers to recruit people who would fraudulently claim residential addresses so they could vote in specific races and influence the results of the Edinburg city election held last year, according to information provided by the Office of Texas Attorney General Ken Paxton.

    “Illegal voting, particularly an organized illegal voting scheme orchestrated by political operatives, is an affront to democracy and results in corruption at the highest level,” said Paxton in a prepared statement.

    “Each illegal vote silences the voice of a law-abiding registered voter,” added Paxton. “My office will continue to do everything in its power to uncover illegal voting schemes and bring to justice those who try to manipulate the outcome of elections in Texas.”

    The nine Hidalgo County residents arrested were Guadalupe Sanchez Garza, Jerry Gonzalez, Jr., Araceli Gutierrez, Belinda Rodriguez, Brenda Rodriguez, Felisha Yolanda Rodriguez, Rosendo Rodriguez, Cynthia Tamez, and Ruby Tamez. Online jail records show bond was set at $20,000 for both Garza and Ruby Tamez. A $10,000 bond was set for Gonzalez, Gutierrez, Belinda Rodriguez, Brenda Rodriguez, Rosendo Rodriguez, and Cynthia Tamez. Felisha Yolanda Rodriguez’s bail was set at $1,000.

  • “Number of migrants, refugees from Venezuela reaches 3 million.” Or one out of twelve Venezuelans. (Hat tip: Stephen Green at Instapundit.)
  • More harassment of a conservative heretic at Sarah Lawrence College. (Hat tip: Amy Alkon on Twitter.)
  • 85-year old Supreme Court Justice Ruth Bader Ginsberg breaks three ribs in a fall.
  • After expressing approval of Antifa attacking Tucker Carlson’s house, Matt Yglesias deleted his entire Twitter timeline. Sadly, he’s started up again.
  • “Leftist Protesters: “If Tucker Carlson Didn’t Want To Get Mobbed In His Own Home, Then Why Did He Disagree With Us?'”
  • Mike Ward journalistic fraud follow-up: “Of the 275 people quoted, 122, or 44 percent, could not be found. Those 122 people appeared in 72 stories.” (Hat tip: Dwight.) (Previously.)
  • Dead pimp wins in Nevada. (Previously.)
  • In Tweet form:

  • Super-genius falls through the ceiling of an Alabama Waffle House, proceeds to fight the patrons on his way out the door. Bonus: He left his pants in the restroom…with his ID. (Hat tip: Ace of Spades HQ.)
  • Hong Kong film pioneer Raymond Chow of Golden Harvest, dead at 91. You may not know his name, but he was instrumental in launching the careers of Bruce Lee, Jackie Chan, and dozens of other Hong Kong film icons.
  • California marijuana delivery man says he was robbed by ninjas.” Old story, but how can you turn down that headline?
  • LinkSwarm for October 12, 2018

    Friday, October 12th, 2018

    Trying to edit this last night brought up a repeated 502 error, since fixed. So enjoy this LinkSwarm as a triumph of persistence over technology:

  • How the Kavanaugh fight united the right around President Donald Trump:

    Trumpism is now the unregretted tattoo that altered the Republican coalition, making it edgier, more rugged, and more relentless in pursuing its policy objectives.

    Confronted with a liberal self-styled “resistance” movement—whose very name reeks of the virtue-signaling that galls the right—Trump responded in kind. Left-wingers march in the streets and chase prominent conservatives out of restaurants; he bows his back and marches Kavanaugh onto the bench for a lifetime. Liberals feel better for a weekend; pragmatic conservatives get to feel vindicated for decades. Good trade.

    Trump not only refused to rescind Kavanaugh’s nomination when the confirmation process got rocky—as both Ronald Reagan and George W. Bush had done with flagging nominees—he barnstormed the country and held campaign rallies in jam-packed basketball arenas rallying his coalition behind Kavanaugh. After playing nice for a handful of surprisingly diplomatic days, enabling a judiciary committee hearing to fairly hear the allegations against Kavanaugh, Trump retrieved his megaphone from its holster and unleashed on the judge’s liberal Senate and media antagonists.

    Conservatives who may have been privately uncertain on how to proceed in the face of the allegations found the light in the flames of Trump’s heat. The consensus on the right became clear: this was not a competition of memories between two middle-aged professionals who grew up privileged at boozy teen parties in suburban Maryland. By last Saturday’s confirmation vote, this episode was not even predominantly about Kavanaugh or Christine Blasey Ford; it was a tectonic struggle between the voters’ chosen Republican government and the ruthless Democratic minority seeking to topple it by any means necessary.

  • Republicans quintuple fundraising in wake of Kavanaugh hearings.
  • There Is No Such Thing As A Moderate Democrat In 2018.” Focused on the Tennessee senate race, but applicable everywhere. “Dianne Feinstein picks your judges, Bernie Sanders runs the budget and Chuck Schumer runs everything.” I’ve been making the same point since 2010. (Hat tip: The Other McCain.)
  • Jay Cost, by way of Alexander Hamilton, explains why America won’t have a another civil war: “To put matters bluntly, we do not have to like one another, so long as we continue to make money off one another.” To which I would add: Only left-wing loudmouths on Twitter are really trying to provoke a civil war. Average people rarely mention the things that rage huge on the Internet in their day-to-day lives…
  • Remember, it’s only a “mob” if it’s made up of Republicans. (Hat tip: Stephen Green at Instapundit.)
  • Speaking of mob violence:

  • Some anti-Kavanaugh protestors were indeed paid Astroturf. (Hat tip: Director Blue.)
  • “Border agents in Texas arrested three sex offenders in two days, one of whom had been jailed in Dallas. All three men have been previously convicted of offenses involving a minor, according to officials with U.S. Customs and Border Patrol.” (Hat tip: Governor Greg Abbott’s twitter feed.)
  • Hurricane Michael leaves at least six dead.
  • Video of the aftermath:

  • Speaking of devastating: Holy moly!

  • Least anyone think I’m reflexively pro-Trump, his idea to increase the amount of Ethanol in gasoline is an astonishingly bad idea for numerous reasons. And get ready for it to start destroying your lawnmower engines…
  • How Soviet Communism tried to kill weekends. (Hat tip: Charles Martin on Twitter.)
  • The Navy is slowly working its way back to actual readiness. (Hat tip: The Other McCain.)
  • Army to add WindGuard active radar defense systems to work with Trophy active defense systems on M1 tanks.
  • Mass criminal roundup in northern Mississippi.

    Around 150 gang members were arrested or validated with affiliations to the Simon City Royals, Gangster Disciples, Latin Kings, Vice Lords, and the Aryan Brotherhood.

    Over 200 registered sex offenders living within the Northern District of Mississippi were checked for compliance in regards to sex offender registration requirements. Around 150 home visits were conducted on high- to moderate-risk offenders on probation with the Mississippi Department of Corrections and the United States Probation Service.

    Overall, 255 violent offenders were picked up during Operation Triple Beam. They were wanted on charges including homicide, aggravated assault, sexual assault, illegal gun crimes, narcotics possession and distribution, robbery, arson, and sex offender registration violations.

  • More voting fraud down in the Rio Grande Valley:

    Following a nine-day trial, a district court judge has voided the results of the City of Mission mayoral election after finding the winning campaign engaged in a conspiracy to bribe voters and harvest mail-in ballots.

    Norberto “Beto” Salinas, the former mayor of Mission of 20 years, filed a lawsuit against current mayor Armando “Doc” O’Caña after several witnesses claimed bribery, mail-in ballot harvesting, and illegal voting during the June 9 runoff election. On Friday, 93rd District Court visiting Judge J. Bonner Dorsey agreed with Salinas and voided the results of the election. “I cannot ascertain the true outcome of the election,” Dorsey said.

    Salinas’ camp had to prove 157 votes were illegally cast, the number the candidate lost by in the election. Dorsey ruled, “I hold or find, by clear and convincing evidence, that the number of illegal votes was in excess of 158.”

  • China blinks thrice over the trade war:

    First, it conceded in August by removing U.S. oil imports from a list of possible duties. Two months earlier, China – perhaps trying to either intimate U.S. oil producers (who have been largely supportive of Trump’s policies thus far) who would in turn pressure President Trump, or either by pressuring Trump directly, indicated it would levy a 25 percent duty on U.S. oil imports.

    Second, since China is the largest buyer of American crude, Beijing likely discarded one of its strongest bargaining chips in the trade war so far. Some reports claim that U.S. oil imports to China are worth $8 billion all by themselves, so erasing oil from the tariff list reduced the value of sanctioned goods by roughly one-third.

    As far as Beijing’s LNG tariff threats are concerned, the reduction from an earlier 25 percent duty to 10 percent could also be considered another blink on China’s part. Beijing, though it does have a host of other gas and LNG suppliers, at the end of the day still needs American LNG as the country continues to pivot away from dirtier burning coal needed for power production in favor of cleaning burning natural gas. By 2020, per government mandate, gas is earmarked to make up at least 10 percent of China’s energy mix, with further earmarks by 2030.

  • Creepy porn lawyer endorses Beto.
  • NFL running back legend Jim Brown comes out against NFL players taking a knee:

    “I am an American. That flag is my flag, and I want to represent it that day.”

    How many tweets it takes before a white liberal calls him “Uncle Tom”: One.

  • Speaking of Twitter, they’ve banned conservative GayPatriot again.
  • “Cant find a Nazi to punch? Make one!” (Hat tip: Sarah Hoyt at Instapundit.)
  • Cost for male student to defend himself from charges of sexual assault even though the girl admitted the sex was mutual: $12,000. (Hat tip: Charlie Martin.)
  • Austin writer decides that maybe he shouldn’t spend every waking moment of his life high on weed:

    My son was born in 2002. I didn’t have an office job, so I was around a lot to get high and enjoy the cartoons. I opened a packet of Reefer’s peanut butter cups at his preschool fund-raiser and stunk up the place. But pot wasn’t just an occasional funny thing for me to do on weekends. I got stoned the day my son came home from the hospital and stayed that way, with few breaks, for a decade and a half. Of course I put him in danger because I couldn’t stop getting high. I was a drug addict.

    Snip.

    In March of 2017, my mother died. The hour before she passed, I was outside the hospital, getting a shipment of medical gummies from a friend. I was high when I watched her die, I was high at her funeral, and I was high every day for the next eight months. To say I was “self-medicating” to deal with grief would be too kind. My addicted self took grief as a no-limits license to get stoned.

    (Hat tip: Ann Althouse.)

  • Facebook Engineer Quits Over Company’s Mob-Like Attacks On Anyone Opposed To ‘Left-Leaning Ideology.’”
  • Carlos Danger is eligable for early release.
  • Dallas City Council lives in fear that the state legislature may actually allow voters to turn down tax increases.
  • “Amazon Raises Minimum Wage For Workers Building Their Own Robotic Replacements.”
  • Kavanaugh: The Aftermath

    Tuesday, October 9th, 2018

    Brett Kavanaugh has been confirmed to the United States Supreme Court, but the Democrats’ last-minute Hail Mary smear attack has inflicted lasting damage…on themselves:

  • What exactly do Democrats mean by “take the gloves off?”

    There is a dangerous and irresponsible strain of opinion telling the Democratic Party today that when they lose, it’s because they aren’t fighting hard enough…The thesis goes something like this: the left has total dominance of the culture, and total dominance of the popular vote, so the answer to why they lose not infrequently is that the system is rigged against them, and they must fight all the harder and “take the gloves off” or something like that to achieve their ends.

    The gloves have been off for a very long time in American politics. How quickly we forget the attempted murder of multiple Republican politicians including Steve Scalise, who may never walk normally again. Just this past week we saw a Democratic staffer who doxxed multiple Republican Senators on the Judiciary Committee indicted, facing nearly 50 years in federal prison for his crimes. We saw Cory Gardner revealing his wife had received graphic texts of a beheading after his vote for Kavanaugh, along with their home address. And in Washington, we saw whatever all this is.

    And this is not new, of course – it stretches back a long time. The gloves were off for the American Left in the late 1960s, when campus and activist violence became normalized. They were off in the 1970s when the outgrowth of that spirit of protest led to the sequence of Weathermen bombings that crisscrossed the nation.

    Snip.

    What this whole “we’re the wet rag party” talk really translates too is: we, the abidingly secular Americans who were repeatedly promised we were the ethnically and sexually diverse and dominant coalition during the Obama years, now feel frustrated by being merely ascendant and feel instead entitled to absolute and immediate victory. And that justifies the “we’re coming for you” attitude today. Because any roadblocks or speedbumps for that agenda are now viewed as the vestiges of dead old white men protecting the interests of modern old white men.

    This was a surprisingly dominant viewpoint as recently as a few years ago, accepted even among intelligent people on the right. Then a surprising group of people came along willing to say: No. And that has made all the difference.

  • The Kavanaugh witch hunt has radicalized the normals:

    Even the gimpiest of conservagimps can’t pretend that the attack on Kavanaugh isn’t an attack on us. The last few weeks has made it impossible for them to live in denial any longer. Hell, when Bret Stephens wakes the hell up you know the alarm is going off. At this rate, next we will see anti-Trump sex symbol George Will announce that the Democrats have been “unsporting.”

    Snip.

    But the rest of us are woke, and getting woker . We are red-pilled, and getting red-pillier. We are getting, you might say, militant.

    See, we Normals get that if they can do this to Brett Kavanaugh, they can do this to anyone. If they win, they can destroy anyone Normal, or Normal-friendly, by a mere accusation (Notice how none of this applies to the elite – since they really don’t care about sexual abuse, their own gross collection of woman beaters, abusers, and pervs get a pass). This is the left’s dream tool. They don’t have to prove anything. They simply have to point, screech “Witch!” and their enemy disappears like in that bizarro universe Star Trek episode where Spock had a beard.

    But it has become clear that we are not accepting this, because to accept this is to accept our own submission to these goofs in perpetuity. At first, the response was anecdotal. Hugh Hewitt had a bunch of women callers dial in, all of them irate, in what he described to me as an unprecedented “avalanche.” I personally got emails from center right folks, Normals, who do not like politics. In fact, they hate politics. But now they are paying attention. And they are mad. Every man knows he has a bull’s-eye on his back. Every woman knows her husband, brother, or son could be next. These people aren’t afraid of men being held accountable for things they did, but of false accusations that liberals would strip them of their ability to defend themselves against.

    he attempted human sacrifice of Brett Kavanaugh on the altar of unrestricted abortion is too much for them. And now the polls are making it clear that that they are angry, ticked off, and ready to low crawl over jagged glass shards to vote against the Democrats who instigated this atrocity.

    Sure, anecdotes are tricky. But the polls are less so. Heidi Heitkamp is gone. She’s toast. Claire McCaskill, toast. That goofy guy in Indiana, looking bad. Manchin? He knows what time it is, so he might weasel through.

    We are not going to forget what happened here. And this is going to have a lasting impact, but not one the Democrats are going to like.

  • More proof of the Kavanaugh effect on 2018 races:

    Several public polls have shown a fading “enthusiasm gap” between Democratic and Republican voters since the Kavanaugh fight escalated. The campaign arm for House Republicans reported an explosion in small-dollar donations. “[W]hat the Kavanaugh experience has done is gotten Republicans excited,” Rep. Steve Stivers, R-Ohio, chairman of the NRCC, told Fox News.

    Other polls showed Republicans pulling away in red-state Senate races. Sen. Ted Cruz, R-Texas, and Rep. Marsha Blackburn, R-Tenn., both broke 50 percent in the CBS/YouGov polls. Blackburn is running to replace Sen. Bob Corker, R-Tenn. Sen. Heidi Heitkamp, D-N.D., who voted against Kavanaugh, is down by nearly 9 points in the RealClearPolitics average. The Cook Political Report has shifted the Montana Senate race in the GOP’s favor.

    (Hat tip: Director Blue.)

  • Even Democrats taking back the house is no longer the slam dunk Democrats previously pretended.
  • Poorly written editorial blames white women for Kavanaugh’s confirmation, voting Republican. “After a confirmation process where women all but slit their wrists, letting their stories of sexual trauma run like rivers of blood through the Capitol, the Senate still voted to confirm Judge Brett M. Kavanaugh to the Supreme Court.” Yes, there’s nothing like spicing up your turgid, far-left Social Justice Warrior feminist prose by breaking out the purple pulp writing cliches of the 1930s!
  • Official Roll Call Record of the Kavanaugh Vote

    Sunday, October 7th, 2018

    Since I went looking for this and actually had trouble finding it, here are links to the official roll call records of the cloture and confirmation votes for Justice Brett Kavanaugh’s confirmation to the Supreme Court:

  • The cloture vote, with 51 Yeas and 49 Nays.

    Brett Kavanaugh Cloture Vote Alphabetical

    Brett Kavanaugh Cloture Vote Yea or Nay

  • The confirmation vote, with 50 Yeas, 48 Nays, and a paired set of Present (Murkowski (R-AK) and Not Voting (Daines (R-MT)).

    Brett Kavanaugh Vote Alphabetical

    Brett Kavanaugh Vote Yea or Nay

  • One reason I’m putting this up is a saw someone on Twitter stating that Vice President Mike Pence cast a deciding vote, but in fact he was not required to break a tie for either vote. Thus far the only vote Vice President Pence has cast to break a tie in the Senate was the vote confirming Russell Vought as Deputy Director of the Office of Management and Budget.

    Kavanaugh Confirmed and Sworn In

    Saturday, October 6th, 2018

    I was going to post a “Kavanaugh will be confirmed today” post this morning, but then figured an extra large helping of sloth would let me report that he was confirmed. “The Senate confirmed Judge Brett Kavanaugh to the U.S. Supreme Court Saturday, in a close 50-48 vote that saw just one Republican and one Democrat cross party lines.” The Democrat was Joe Manchin of West Virginia, and the Republican was Lisa Murkowski of Alaska, of whom Sarah Palin is already making noises about primarying.

    After being confirmed, Kavanaugh was quickly sworn in:

    Now some links on the subject:

  • The more the Democratic Party embraces the radical elements of its base, the further power slips from its grasp:

    A Democratic Party lacking the White House, majorities in the House of Representatives and Senate, and the Supreme Court imitated strength in practicing rudeness. Now, hours before the confirmation vote that they sought to postpone, the Democrats’ boisterousness appears, belatedly at least, as camouflage for weakness. This weakness, which may seem anything but when in earshot of protesters, appears most apparent in the U.S. Senate. Democrats lack the raw numbers to win.

    Unable to rely on an institutional or the democratic apparatus to derail Brett Kavanaugh’s nomination to the U.S. Supreme Court, they embraced a by-any-means-necessary strategy.

    Jackson A. Cosko, 27, a “fellow” paid by an outside group to work for Rep. Sheila Jackson Lee and a recent employee of Senator Maggie Hassan, appeared in federal court on Thursday on charges related to the doxxing — the unauthorized publication of personal details for the purpose of harassment — of several senators, including Orrin Hatch, Mike Lee, and Lindsey Graham. Cosko allegedly posted personal telephone numbers and home addresses using a Senate computer.

    “If you tell anyone[,] I will leak it all,” the perpetrator allegedly told a Democratic staffer who witnessed Cosko accessing a computer in Hassan’s office. “Emails[,] signal conversations[,] gmails. Senators[’] children’s health information and socials.”

    The doxxing of Kavanaugh supporters follows death threats to the judge’s family and the repeated interruptions at his confirmation hearings that turned the proceedings into chaos — chaos perpetuated by Kamala Harris and other Democrats on the Judiciary Committee — on Day One, which witnessed Capitol police arrest 70 (they arrested over 300 on Thursday). Democrats planned this spontaneous show of outrage on a conference call. Anti-Kavanaugh protesters similarly occupied state offices of Susan Collins and Joe Manchin, resulting in multiple arrests.

    More recent confrontations, including two activists trapping Senator Jeff Flake in a Capitol elevator, also initially appeared as grassroots outrage, a perception that evaporated with the revelation that the two women, like one of Kavanaugh’s accusers, work as social-justice activists (yes, and people make a living playing video games, too). They identified themselves as sexual assault survivors. One failed to note her employment as the co-executive director of the Center for Popular Democracy, a far-left advocacy group.

    As one Hill staffer explained to me, the protesters work in shifts the way assembly-line workers do. They clock-in, then shout, hold signs, and hector lawmakers. Some, finding their way to the House side of Capitol Hill, need impromptu education sessions instructing that the lower-chamber does not vote on judges. When their shifts end, they abruptly clock-out and another group of workers takes their place. The insult that liberals protest because they do not hold jobs does not work here. These liberals protest as part of their jobs.

    Snip.

    Perpetuating this minority status ironically comes at the expense of, and in service to, the minority rule enjoyed by Democrats for decades. Democrats did not need the U.S. Supreme Court to institute Social Security or establish the Peace Corps. But abortion on demand, gay marriage, prohibition on school prayer, the abolition of the death penalty, and much else on the liberal wish list became the law of the land because of the U.S. Supreme Court, a parallel national legislature when controlled by the Left.

    A party without the speaker’s gavel or the word “majority” prefixing “leader” struggles to pass substantive legislation. Add to these handicaps widespread public contempt for much of that party’s agenda, and one begins to see why Democrats need the courts so much. Unfortunately for them, the rude, no-holds-barred gambit for the high court (dishonestly used as something other than a court in their hands) makes it even further from their grasp.

    (Hat tip: Director Blue.)

    Tucker Carlson on how the Democrats lost the fight:

    Ironically, the Democrats adoption of scorched-earth #Resistance tactics, partially in response of Trump’s unorthodox methods and willingness to fight back, has had the effect of uniting the Republican Party behind President Trump.

  • How Democrat tactics in the Kavanaugh hearing threatens all Americans:

    Any rational observer of the Democrats’ non-stop character assassination machine can see that something is seriously sick in our republic. Instead of allowing Supreme Court confirmation hearings for Judge Brett Kavanaugh, Democrats on the Senate Judiciary Committee were permitted to use trumped-up, hip-pocketed charges to stage a show trial more in tune with a totalitarian system.

    Like Justice Clarence Thomas before him, Kavanaugh has undergone pre-meditated, well-coordinated attacks by Democrat elites who cling to the apron strings of an anti-human brand of feminism to justify this craft. There’s a good term for the practice they’re engaged in: ritual defamation.

    Perhaps an apt metaphor for ritual defamation is the gang rape of one’s character and good name. Whatever the end result, this episode represents an underhanded rape of the rule of law, as well as of Brett Kavanaugh’s character.

  • Which, in turn, links to Laird Wilcox’s checklist for The Practice of Ritual Defamation.
  • Also, UT beat OU and James Woods had his Twitter account restored, so all in all the last few days have been very good…

    LinkSwarm for October 5, 2018

    Friday, October 5th, 2018

    Welcome to the season where ugly monsters in lurid costumes go running around shrieking at the sheer delight at scaring other people. And those are just the Democratic protestors on Capitol Hill!

    The Brett Kavanaugh cloture vote today, and the Supreme Court confirmation vote is Saturday. And Kavanaugh links dominate the top of this LinkSwarm:

  • Republicans are fired up after the Brett Kavanaugh hearings, and the Democratic edge for the 2018 midterms has disappeared. Or so says that notorious Republican shill organization, NPR.
  • More on the same subject:

    Let’s say you’re Joe Manchin in West Virginia. What you needed was for this nomination to be uncontroversial, and a sure thing for confirmation. A party-line contested vote the whole country is watching is a nightmare. Why? Because in a red state like the one Manchin represents, the majority will favor confirmation and find it to be a decisive issue in their vote — so Manchin voting against Kavanaugh will set him up to reap the wrath of the voters in a state which went 65 percent for Trump in 2016.

    But it’s worse than that for Manchin, because he doesn’t have a good escape from the Kavanaugh confirmation. You’d say his easy way out is to vote yes, except what the Left has done is to so whip up their voters with the Ford allegations and the copycats who followed that Manchin will lose votes from his own side if he votes to confirm the judge.

    This isn’t a theory, by the way. It’s what the polls show.

  • A new poll finds that 58 percent of voters in West Virginia think Brett Kavanaugh should be confirmed to the Supreme Court following his testimony to the Senate Judiciary Committee on Thursday.
  • The Public Opinion strategies poll commissioned by the Judicial Crisis Network found an overwhelming majority of West Virginians (59 percent) thought Kavanaugh’s testimony was more believable than Christine Blasey Ford, who accused the federal judge of sexually assaulting her more than 35 years ago at a drunken high school party. Those who believe Kavanaugh include 81 percent of Republicans, 43 percent of Democrats and 62 percent of Independent voters.
  • Manchin is locked in a dead-heat race against Patrick Morrissey, West Virginia’s Attorney General, and his vote is now going to be the defining issue in that race either way.

    Manchin’s conundrum isn’t unique. Claire McCaskill in Missouri is already a committed no on Kavanaugh, and her troubles have begun as well…

  • A new poll released by The Missouri Scout on Saturday shows that Republican challenger Josh Hawley has taken a two-point lead over Sen. Claire McCaskill (D-MO) in the Missouri Senate race just days after she announced she will be voting against the confirmation of Judge Brett Kavanaugh to the Supreme Court.
  • Hawley leads McCaskill by a margin of 48 percent to 46 percent in the poll conducted by Missouri Scout over two days, from Wednesday, September 26 to Thursday, September 27.
  • McCaskill announced her opposition to Kavanaugh on September 19. The second day of the poll was conducted on the same day Judge Kavanaugh and Dr. Christine Blasey Ford, who has accused him of attempting to sexually assault her 36 years ago at a time and place she cannot recall and with no corroborating witnesses or evidence, testified before the Senate Judiciary Committee.

    The Missouri Scout poll had worse news for the incumbent Democrat — in that what’s driving down her numbers is unquestionably the Kavanaugh vote…

  • Significantly, the poll found that 49 percent of likely voters said the Supreme Court confirmation process for Brett Kavanaugh has made them less likely to vote for McCaskill, while only 42 percent said it made them more likely to vote for her.…
  • Among female respondents, 47 percent said the confirmation process made them less likely to vote for McCaskill, while 42 percent said it made them more likely.
  • Among male respondents, 50 percent said the confirmation process made them less likely to vote for McCaskill, while 41 percent said it made them more likely.
  • Among Non-Partisan respondents, 46 percent said the confirmation process made them less likely to vote for McCaskill, while 39 percent said it made them more likely.
  • Among Republican respondents, 85 percent said the confirmation process made them less likely to vote for McCaskill, while 8 percent said it made them more likely.
  • Among Democrat respondents, 82 percent said the confirmation process made them more likely to vote for McCaskill, while 8 percent said it made them less likely.
  • Also, a new poll commissioned by NBC North Dakota News showed the race between Democrat incumbent Heidi Heitkamp and Republican challenger Kevin Cramer has the latter with a commanding 51-41 lead. That poll has the Kavanaugh nomination as the most important (with 21 percent) of nine named issues in the race, with 60 percent of North Dakota voters polled saying they support the judge’s confirmation against only 27 percent opposed. Heitkamp has publicly called herself a “no” vote, which amounts to more or less a surrender in the race. Without North Dakota, there is only a minuscule chance of the Democrats winning control of the Senate.

  • And still more:

    Of all the cohorts measured by the poll (including Independent men and women), Democratic women are the only group to display less enthusiasm for the midterms this week than they did in July. Meanwhile, Republican women seem invigorated. In July, 81 percent of Democratic women said the November elections were very important, compared to 71 percent of Republican women. Now, Republican women are 4 percentage points likelier to view the midterms that way (83 percent to 79 percent). That’s a 14-point swing in female voters’ interest in the midterms—after the hearings, and in Republicans’ favor.

    (Hat tip: Instapundit.)

  • “Will the ‘Brett Bounce’ Unseat Bob Menendez in New Jersey?” Let’s hope so. (Hat tip: Stephen Green at Instapundit.)
  • “Accused doxxer of GOP senators allegedly threatened to publish lawmakers’ children’s health info.” I just can’t imagine why Republicans are so upset with Democrats in congress…

  • And unless Kavanaugh is confirmed, things will get worse:

    There is no circumstance where everyone involved with those norm-breaking steps suddenly wakes up, has a crisis of conscience, and realizes that they were morally wrong. The only way they decide not to take similar steps in the future is if they conclude that those steps are not effective.

    If these sorts of tactics work, we will get more of them. Right now, Kavanaugh could be a squish who wimps out on Roe vs. Wade and I’d still want him on that court, because this isn’t really about him anymore. This is about what kind of proof is needed before you believe a man is a monster. This is about whether decades of respected public and private life can be wiped away by an allegation without supporting witnesses. This is about whether anyone who ever knew you at any chapter of your life can suddenly come forward and paint you as a malevolent deviant of every kind . . . or whether people who never knew you at any chapter of your life can suddenly come forward and paint you as a malevolent deviant of every kind.

  • The Democrats’ war against the presumption of innocence:

    Social justice presumes the guilt of certain people because of their politics, their positions, their races and their genders. It creates different rules for different classes of people with some entitled to an absolute presumption of innocence, even in the face of indisputable guilt, and others forced into an equally absolute presumption of guilt, even in the absence of any indisputable proof of their guilt.

    America cannot operate under two systems of guilt and innocence, one public and one private. If the majority of Americans are to be judged by a system that presumes their guilt, that attitude will inevitably go on to permeate the courtroom. By eroding the presumption of innocence in public life, the left is eroding it as a legal right. Lynch mobs and kangaroo courts can’t be expected to stop at the courthouse door when they are celebrated and operate freely throughout the rest of the land.

    Kavanaugh’s case is about more than the malicious exploitation of the #MeToo movement to destroy a political opponent. It’s the latest assault on the social presumption of innocence by shadowy forces whose ‘scoops’ dominate the media through cut-outs while their sources remain silently invisible.

    If kangaroo courts and media lynch mobs succeed in overturning a Supreme Court appointment, they will have proven that their war on the presumption of innocence extends even to the highest court in the land. If a Supreme Court justice can’t be presumed innocent, what hope do the rest of us have?

    (Hat tip: Director Blue.)

  • Let’s not put too fine a point on it: Christine Blasey Ford is a liar.

  • China used it’s supply chain to implant a spy chip in many of America’s top companies, including Apple and Amazon. This is why outsourcing so much of your technological infrastructure is a national security issue.
  • Apple and Amazon issue strenuous denials. I’m not sure they could do otherwise, even if the allegation is true, especially since Amazon currently derives the lion’s share of its profits from AWS. (Hat tip: Stephen Green at Instapundit.)
  • President Donald Trump’s approval rating hits 50%.
  • Including 35% of blacks. That’s disasterous for Democratic electoral chances. (Hat tip: Director Blue.)
  • Theresa May will change her Brexit policy, or the Tories will change their leader.

    Worse than Remain? Well, yes. May’s Brexit proposals — now known as “Chequers,” after the PM’s country house, where they were imposed on a surprised cabinet days after May had personally assured the secretary of state for exiting the EU that she had no such intentions — would effectively keep Britain inside the EU’s single market (i.e., by accepting its current and future regulations) and its customs union, and keep it subject to the jurisdiction of the European Court of Justice while forfeiting its votes in all EU institutions.

    Not enough for you? Then ponder this: The London Times has reported that the government is now prepared to cut a deal with the EU that would prevent a post-Brexit U.K. from reaching free-trade deals with other countries such as Australia, Canada, and . . . the United States. Such a deal would breach the reddest of red lines laid down by Theresa May and the Tory party since the 2016 referendum. Yet no one thinks the report is mistaken. And May has continued to say in interviews that final agreement with the EU will require concessions from both sides. But what has May left to concede?

  • More pushback on the Linux SJW-inspired CoC change. (Hat tip: Borepatch.)
  • Saudi solar project flops. (Hat tip: Stephen Green at Instapundit.)
  • 96 sheriffs endorse Ted Cruz.
  • Austin government needs an independent audit. Naturally the the city power structure is opposed…
  • “Kamala Harris: ‘We Would Apply The Same Fair Standards To Any SCOTUS Nominee Whose Life We Were Trying To Destroy.'”
  • A typeface to help retain memory? There’s just one tiny problem…

  • First edition of The Wealth of Nations to be auctioned.
  • “Bottle of whisky sold for world record £848,000.”
  • Swedish road covered in herring after elk accident.”
  • Happy birthday, Wallace Stevens.
  • Kavanaugh Kavanaugh Kavanaugh Kavanaugh

    Monday, October 1st, 2018

    So the already prolonged Brett Kavanaugh Supreme Court confirmation hearings are going to drag out through Friday thanks to Republican Senator Jeff Flake demanding it.

    I have two competing theories for the reason behind the delay:

    1. We’ve all died and gone to Hell, and for our sins we’re required to witness the ever-more-rage-inducing hearings FOR ALL ETERNITY!
    2. Sen. Majority leader Mitch McConnell realizes that every week the senate has to stay in session is a week vulnerable Democrats can’t concentrate on fundraising and campaigning back home.

    So this week, like last week, is going to sound an awful lot like the “Malkovich Malkovich Malkovich” scene of Being John Malkovich, only with “Kavanaugh” instead of “Malkovich.”

    Some links:

  • Andrew Sullivan weighed in on the unfairness of the whole thing:

    At first, I was shocked by what seemed to me to be his shouting and belligerence. But then he drew me in. Of course he was angry. Wouldn’t you be if you were innocent or had no idea where this allegation suddenly came from? He wasn’t being accused of sexual harassment, or sexual abuse as an adult in a way he could have refuted or challenged. His long-lost teenage years as a hard-drinking jock were now under the microscope. Even his yearbook was being dissected. Stupid cruelties and brags from teenage boys were now being used to define his character, dismiss his record as a judge, his sterling references, his respected scholarship, his devoted family, his relationship with women in every capacity. He had to fend off new accusations, ever more grave and ever more vague.

    And there were times, it seems to me, that he simply couldn’t win. If he hadn’t hired and mentored many women, it would be proof he was a misogynist and rapist. But the fact that he did hire and mentor many of them was also proof he was a misogynist and a rapist, who only picked the pretty ones. If he hadn’t shown anger, he would have been obviously inhuman. When he did express rage … well, that was a disqualifying temperament for a judge. It didn’t help that the Democrats made no pretense of having an open mind, or that any glimpse at mainstream media — let alone media Twitter — revealed that it had already picked a side. This was, for the major papers, especially the New York Times, a righteous battle against another white straight male, and the smug, snarky virtue-signaling on Twitter was in overdrive. Even Kavanaugh’s choking-up was mocked — just another contemptible “bro-crier.”

    And so when Lindsey Graham suddenly unloaded on the Democrats, I felt a wave of euphoria. “Yes,” I said to myself. “Go get ’em, Butters!” When Senator Blumenthal got all self-righteous about a single lie destroying someone’s credibility, I actually LOL-ed. Then I remembered all those op-eds and essays that decided to judge one moment in one man’s teens as somehow deeply revealing about … white privilege, toxic masculinity, white supremacy, toxic homosociality, bro culture, alcoholism, patriarchy … you name it, Kavanaugh was suddenly its foul epitome. He was an instant symbol of all the groups of people the left now hates, by virtue of their race or gender or orientation. And maybe he is. But did any of that necessarily make him guilty of anything, except by association?

    Snip.

    To the extent that the hearing went beyond the specifics of Ford’s allegations and sought to humiliate and discredit Kavanaugh for who he was as a teenager nearly four decades ago (a dynamic that was quite pronounced in some Democratic questioning of the nominee), it was deeply concerning. When public life means the ransacking of people’s private lives even when they were in high school, we are circling a deeply illiberal drain. A civilized society observes a distinction between public and private, and this distinction is integral to individual freedom. Such a distinction was anathema in old-school monarchies when the king could arbitrarily arrest, jail, or execute you at will, for private behavior or thoughts. These lines are also blurred in authoritarian regimes, where the power of the government knows few limits in monitoring a person’s home or private affairs or correspondence or tax returns or texts. These boundaries definitionally can’t exist in theocracies, where the state is interested as much in punishing and exposing sin, as in preventing crime. The Iranian and Saudi governments — like the early modern monarchies — seek not only to control your body, but also to look into your soul. They know that everyone has a dark side, and this dark side can be exposed in order to destroy people. All you need is an accusation.

    The Founders were obsessed with this. They realized how precious privacy is, how it protects you not just from the government but from your neighbors and your peers. They carved out a private space that was sacrosanct and a public space which insisted on a strict presumption of innocence, until a speedy and fair trial. Whether you were a good husband or son or wife or daughter, whether you had a temper, or could be cruel, or had various sexual fantasies, whether you were a believer, or a sinner: this kind of thing was rendered off-limits in the public world. The family, the home, and the bedroom were, yes, safe places. If everything were fair game in public life, the logic ran, none of us would survive.

    And it is the distinguishing mark of specifically totalitarian societies that this safety is eradicated altogether by design. There, the private is always emphatically public, everything is political, and ideology trumps love, family, friendship or any refuge from the glare of the party and its public. Spies are everywhere, monitoring the slightest of offenses. Friends betray you, as do lovers. Family members denounce their own mothers and fathers and siblings and sons and daughters. The cause, which is usually a permanently revolutionary one, always matters more than any individual’s possible innocence. You are, in fact, always guilty before being proven innocent. You always have to prove a negative. And no offense at any point in your life is ever forgotten or off the table.

    Naturally, the mob made him issue a partial mea culpa for daring to say rational things about their designated hate object…

  • “When Brett Kavanaugh admitted that he’d been a virgin in high school and the mob took it as corroboration that he was a rape-gang impresario, that’s when I knew we were looking at the madness of crowds.”
  • Step 1: Determine if something is true. Democrats just aren’t interested in that.
  • The Democratic Media Complex is going after Kavanaugh’s kids.
  • This American Thinker piece contends the Kavanaugh fight isn’t over Roe vs. Wade, it’s over the future of gun control.
  • “This may be a watershed moment in Identity Politics.”

    This was a great example of how identity has been weaponized for political gain. Don’t think this is the end of Identity Politics, though. The Democrats need identity to survive. Mao’s Cultural Revolution relied on hearsay and Identity, and was implemented shortly after the Great Leap Forward had failed to propel the nation forward economically. The Democrats are failing massively. They are launching their own Cultural Revolution. I’ve warned friends of mine who are sympathetic to the ’cause’ to be careful. Movements like this eat their young.

  • Last week was a crazy, stupid week in politics. Chance are, this week will be even crazier and stupider…

    LinkSwarm for September 28, 2018

    Friday, September 28th, 2018

    We have survived Kavanaugh Week and made it to fall. On to the LinkSwarm:

  • Republican senate insiders are saying they have the votes to confirm Kavanaugh.
  • Alan Dershowitz: Kavanaugh has “more corroboration on his side”:

  • Sen. Chuck Grassley’s office gets respectful messages opposing Kavanaugh. Ha! Just kidding! “I hope you get raped.” (Hat tip: Ace of Spades HQ.)
  • Why are Democrats so violent?” (With examples.)
  • The Kavanaugh attacks were so vile they turned Lindsey Graham into Phil Gramm.
  • Entire nail salon full of women agree: “I’m disgusted at the whole thing. It’s totally political.” (Hat tip: Director Blue.)

  • Russian collusion theory: sad as a wrinkled little balloon.
  • Tweet:

  • Dem Rep Brings Convicted Money Launderer onto Full-Time Staff.”

    Democratic representative Alcee Hastings (Fla.) has officially brought a convicted money launderer onto his full-time staff after paying the individual for “part-time” work over the past several years.

    Dona Nichols Jones, who has received compensation from Hastings since April 2014 for what was listed as “part-time” employment as an aide and community liaison out of his Palm Beach County office, is now listed as a “staff assistant” in his office, Legistorm filingsshow.

    Dona Nichols Jones is married to Mikel Jones, who worked for Rep. Hastings from 1993 to 2011 as a district administrator. The couple was convicted of money laundering, conspiracy, and fraud in 2011 after they had used hundreds of thousands of dollars from a business loan for personal use.

  • Multi-deported illegal alien arrested for multiple baseball bat murders.
  • More on Linus Torvalds caving to Social Justice Warrior demands.
  • Online voting: Why you should be terrified:

    Online voting is a persistently bad idea, one that is only liked by people who are completely ignorant of the security issues, and yet one that seemingly will not go away. If you are suspicious that Stalin’s dictum of it’s not who cast the vote that matters, what’s important is who counts the vote is in play here, you’re not the only one.

  • Did three unnamed UT officials just pull a dirty sex smear on Republican State Senator Charles Schwertner? (Schwertner​ is my state senator, though I do not know him personally.)
  • Cop: “Pull over!” Driver: “No! I drive a Prius!.”
  • A San Antonio Baptismal Book from 1703.
  • “Denton, Denton! You’ve got (clap) baby punching!” (Hat tip: Dwight. You’ll just have to figure out the obscure tagline reference on your own…)
  • “Delay Tactics: The Democrats Just Demanded The Senate Watch All 639 Episodes Of ‘The Simpsons’ Before Kavanaugh Vote.”
  • The Finalists for the Wildlife Comedy Photo Awards.

    (Hat tip: Amy Alkon on Twitter.)

  • Kavanaugh Smear Twitter Roundup

    Thursday, September 27th, 2018

    The idea of writing yet another article on why the Kavanaugh smears are transparent garbage is mind-numbing, so here’s a tweet roundup to accomplish the same thing: