Posts Tagged ‘Regulation’

Texas Files Suit Against Biden Administration Over National Guard Vaccine Mandate

Wednesday, January 5th, 2022

Another day, another lawsuit against the Biden Administration over unconstitutional federal overreach, in this case issuing a vaccine mandate for Texas National Guard troops that aren’t under federal control.

Gov. Greg Abbott sent a letter on Tuesday to Texas Military Department (TMD) Adjutant General Tracy Norris stating his intention to sue the Biden administration over its effort to mandate COVID-19 vaccinations for members of the Texas National Guard.

In August, Abbott issued an executive order prohibiting governmental entities from mandating “any individual to receive a COVID-19 vaccine,” but mandates over the Texas National Guard have been unclear.

Following a military-wide order in August from U.S. Secretary of Defense Lloyd Austin mandating the vaccine, Norris issued a directive to members of the Texas National Guard that service members must meet the requirement or submit a request for a medical or religious exemption.

On November 30, 2021, Austin issued a memorandum that further stipulated “all members of the National Guard must be fully vaccinated for COVID-19 [. . .] in order to participate in drills, training and other duty conducted under title 32.”

In December, Abbott responded to Austin’s memorandum in a letter, saying, “If the federal government keeps threatening to defund the Texas National Guard, I will deploy every legal tool available to me as Governor in defense of these American heroes.”

TMD public affairs staff previously stated that guardsmen “serving on Title 10 orders” — those who have been called on active duty at the national level — were required to be in compliance with the vaccine mandate or request an exemption by December 15, 2021.

Unvaccinated members of the Texas National Guard could potentially lose drill and training pay as those funds come from the federal Department of Defense (DOD).

In his new letter, Abbott specified that it “addresses all Texas guardsmen who are serving in a Title 32 or a state active duty status,” rather than those under Title 10 orders.

“Unless President Biden federalizes the Texas National Guard in accordance with Title 10 of the U.S. Code, he is not your commander-in-chief under our federal or state Constitutions. And as long as I am your commander-in-chief, I will not tolerate efforts to compel receipt of a COVID-19 vaccine,” said the governor.

Abbott said that the “federal courts have the power to decide whether President Biden violates the U.S. Constitution’s Second Militia Clause by undermining my commander-in-chief power, instead of federalizing Texas’s guardsmen to use his own commander-in-chief power.”

Texas Attorney General Ken Paxton sent out a Tweet confirming the lawsuit:

The text of the lawsuit itsself can be found here.

1. There has long been a clear and distinct line between when National Guardsmen are governed by state authority and when they are governed by federal authority. When National Guardsmen are serving the State, the federal government has no command authority. Neither the President nor federal military officials can order the Governor of Texas and state officials how to govern the Guardsmen under their command. Under the Constitution’s carefully crafted balance between federal and state sovereignty, only the State, through its Governor, possesses legal authority to govern state National Guard personnel who have not been lawfully federalized.

2. Defendants unilaterally severed the division between state and federal authority over the Army National Guard and Air National Guard by attempting to impose a mandatory COVID-19 vaccine policy (“Military Vaccine Mandate”) on Guardsmen under state control, and in violation of Texas state law. Rather than exercise their own authority and lawfully activate the President’s chain of command, Defendants have attempted to force state officers to do the work for them, in violation of both the U.S. Constitution and federal laws.

3. This is not a case demanding a position of pro- or anti-vaccine, nor is it a case that challenges any aspect of the federal government’s authority over National Guardsmen once that federal authority has been properly established. Instead, this case seeks protection from the federal government’s unconstitutional action to force Texas, through its Governor, to submit to federal orders and impose federally dictated disciplinary action on its National Guardsmen. “There is no military exclusion from our Constitution.” U.S. Navy Seals 1-26 v. Biden, No. 4:21-cv-01236, slip op. at 2 (N.D. Tex. Jan. 3, 2021). Therefore, Plaintiff Greg Abbott, in his official capacity as Governor of the State of Texas, and as Commander in Chief of the Texas National Guard, brings this suit to enforce rights guaranteed to the Governor and the State of Texas by the U.S. Constitution and federal statutes.

The Roberts Court has tended to show considerably deference to state rights and prerogatives, so expect Texas to prevail in this suit if it reaches that level. But who knows how lower courts will rule, or how long it will take the case to wind its way to the Supreme Court…

Excerpts From Joe Rogan’s Interviews With Dr. Peter McCullough and Dr. Robert Malone

Saturday, January 1st, 2022

Two Joe Rogan interviews with two different doctors appear to be key to understanding how the United State and various national government and international agencies have embraced counterproductive Covid Theater policies:

  • Dr. Peter McCullough
  • Dr. Robert Malone
  • Tiny problem: I don’t have Spotify*, and even if I did, I haven’t yet had time to listen to all of two 2.5+ hour podcast episodes, especially given the end-of-year crunch. The world being what it is, I suspect several of my readers are in the same boat, here are some abstracts from other people who have, some quick and dirty video snippets, etc.

    Over at Podcast Notes, they not only have the audio of the McCullough interview up (started listening, haven’t finished yet), they also have a super-handy summary of what was discussed. Some high level points:

    • We are not attempting to treat COVID-19 at home to prevent hospitalizations and deaths as an outcome
    • Early treatment of COVID-19 is the key to survival because you take the edge off viral replication, reduce inflammation, and prevent thrombosis
    • 50-85% of COVID-19 deaths could have been avoided if we adopted early treatment
    • “The 800,000 deaths we have right now, I can tell you to a one they’ve received either no or inadequate early treatment.” – Dr. Peter A. McCullough
    • “We’ve had a giant loss of life…It seems to me early on there was an intentional, very comprehensive suppression of treatment in order to promote fear, suffering, isolation, hospitalization, and death. It seemed to be completely organized and intentional in order to create acceptance for and promote mass vaccination.” – Dr. Peter A. McCullough
    • If this was just about COVID (instead of power) we would’ve seen four pillars to the response: reduce the spread of infection, early treatment, improvement of hospital treatments with monthly updates from officials, vaccination (it has a role but not the silver bullet)
    • Reputable hospitals (e.g., Harvard) STILL do not have COVID-19 treatment protocols
    • Vaccines are a piece of the puzzle but are not treatment
    • While most people are going to be fine, the vaccine has caused death and adverse outcomes in organ systems for a large number of people with higher susceptibility
    • A young boy is more likely to be hospitalized of myocarditis post-vaccination than ever be hospitalized from COVID-19 respiratory illness
    • We are not transparent on vaccines: we should be regularly reviewing safety, revisiting efficacy, and creating a profile of who it is or isn’t recommended for
    • COVID-19 false narratives: asymptomatic spread & testing, you can get COVID repeatedly, take a vaccine every 6 months, you should still wear a mask if you had and recovered from COVID, vaccines are fully FDA approved
    • A person is not science! Science is ever-changing and evolves with better and more well-informed data
    • The idea that people in positions of authority are presenting information without a fair balance of risk versus benefit is a dangerous precedent

    There’s a lot more there about Ivermectin, Hydroxychloroquine and monoclonal antibodies. And the parts about the powers that be supressing preventative treatment in favor of pushing vaccines as the only solution are pretty damning:

    • “We’ve had a giant loss of life…It seems to me early on there was an intentional, very comprehensive suppression of treatment in order to promote fear, suffering, isolation, hospitalization, and death. It seemed to be completely organized and intentional in order to create acceptance for and promote mass vaccination.” – Dr. Peter A. McCullough
    • There is evidence of extreme collusion on the part of Pfizer, Moderna, NIH, and many more “public service” agencies
    • Moderna was working on the vaccine before the virus ever came out of the lab
    • A Johns Hopkins 2017 symposium called the SPARS Pandemic outlined that we would face a coronavirus related to MRSA and SARS that would devastate the United States, shut down cities, induce confusion, and railroad people into mass vaccination
    • The average death certificate takes 6 weeks to produce – how did the media get numbers so quickly? At some point, we essentially had a COVID death scoreboard
    • The number of COVID-19 deaths and testing has been padded to some degree: deaths padded by underlying factors that contributed more to death than the COVID; testing from duplicates
    • Check out: “COVID-19 and the Global Predators: We Are the Prey by Peter Roger Breggin & Giner Ross Breggin – this book has thousands of citations as to how this was coordinated and planned

    He also talks about “Mass Formation Psychosis”

    • It’s clear there are a lot of people not acting well and unable to have normal conversations and discussions about COVID-19
    • Mass formation psychosis: group think that has developed so strong, it leads to something horrific (such as mass suicides in religion, walking into gas chambers in Germany, etc.)
    • Key components of mass formation psychosis: (1) period of isolation (lockdowns); (2) withdrawal of things taken away people used to enjoy; (3) incessant free-lowing anxiety (constant news of deaths, tally, spread); (4) must be a single solution offered by an entity in authority (vaccination)
    • In mass formation psychosis, it doesn’t matter the absurdity of the solution
    • People were so far in the trenches, they didn’t want to accept the research (read more here and here) that COVID-19 was not spread asymptomatically – it’s only spread from sick person to susceptible person
    • Check out: “The United States of Fear by Tom Engelhardt

    I would add that Flu Manchu Madness followed closely on the heels of (and blended into) Trump Derangement Syndrome.

    Anyway, there’s a lot to chew on, even from just the summary.

    Given that the Malone segment isn’t up anywhere but Spotify yet, here are some snippets from Twitter:

    And here’s a bit of inception:

    That’s all I’ve got time for right now, some excerpts of excerpts. But it will help you get up to speed on the conversation around these two important podcasts.

    *Yeah, I know it’s free to sign up for. No, I haven’t done so, because I’ve developed an aversion to signing up for anything I don’t have to. But if Rogan’s show is the certain of serious coronavirus conversation in America, I may have to…

    Bowled Over

    Monday, December 27th, 2021

    In a followup to A&M pulling out of the Gator Bowl, there have been three outright bowl cancellations:

    The 2021 Military Bowl has been canceled for the second year in a row. Boston College was forced to pull out of its matchup against East Carolina, scheduled for Monday, due to a combination of COVID-19 cases and injuries, according to 247Sports’ Stephen Igoe. Additionally, the Fenway Bowl, featuring SMU and Virginia, has been canceled after positive cases on the Cavaliers’ roster. The game was set to be the final one for coach Bronco Mendenhall at UVA after he resigned from the program earlier this month

    The bowls are the second and third outright cancellations of bowl season, joining Hawaii pulling out of the Hawaii Bowl against Memphis on Christmas Eve. Additionally, Texas A&M was forced to pull out of the Gator Bowl due to COVID issues, but Rutgers stepped up to take the Aggies’ place as a 5-7 squad. Last season, 18 bowls were canceled by the pandemic.

    The matchup is the second straight bowl game canceled for SMU, though the Mustangs would have been without a bulk of the coaching staff after former coach Sonny Dykes left for TCU. The Cavaliers, meanwhile, were searching for their third winning season in the last four years under Mendenhall before new coach Tony Elliott takes over the program.

    For East Carolina, the cancellation is especially disappointing. The Pirates have not played in a bowl game since 2014 but earned a 7-5 record in Mike Houston’s third season. Boston College has not won a bowl game since 2016.

    Also, Miami is out of the Sun Bowl, so that might not happen either.

    Honestly, I don’t give a rat’s ass about college bowl games, and it’s probably been well over a decade since I watched one. (When did the Longhorns last have a good team?) But Flu Manchu doesn’t provide much of a threat to healthy college football players, and Omicron is so mild that it’s probably safer to contract and exhibits less side effects than the vaccination for it. Banning football games because of exposure in nannyism gone mad.

    Update: Evidently they cancelled the Holiday Bowl just hours before kickoff when UCLA pulled out.

    LinkSwarm for December 17, 2021

    Friday, December 17th, 2021

    Another mandate injunction, Democrats continue their popularity freefall, China seals more dirty deals, and Turkey melts down. It’s another Friday LinkSwarm!

  • Federal judge halts healthcare employee vaccine mandate in Texas.

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

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

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

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

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

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

  • Crime, inflation, wokeness and that old Biden magic continue to work their charm on the American electorate.

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

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

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

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

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

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

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

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

    Apparently, Americans don’t think much of either.

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

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

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

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

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

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

    (Hat tip: Stephen Green at Instapundit.)

  • Democratic problems apply down-ballot as well: “If the elections for Congress were held today, 48% of likely U.S. voters would vote for the Republican candidate, while 39% would vote for the Democrat.” (Hat tip: Instapundit.)
  • The woke are coming for all that sweet, sweet Medicare money.

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

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

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

  • Speaking of Biden screwing up health care: “Biden’s big bill cuts hospital funds for poor in red states, shifts money to Obamacare.”
  • After Democrats abandoned trying to pass Biden’s giant leftwing “Build Back Better” porkfest this year, is the bill actually dead forever? South Carolina Republican Senator Lindsey Graham thinks so.

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

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

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

  • Speaking of Manchin, he finally snapped at a Democratic Media Complex flunkie trying to badger him into supporting it.

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

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

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

  • Democrats are wailing about the “end of Democracy” because they’re about to lose power:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    (Hat tip: Director Blue.)

  • Hey, remember all the way back to two weeks ago when I said that Turkey’s collapsing currency was something we should keep an eye on? Well, guess what? “Turkey Halts All Stock Trading As Currency Disintegrates, Central Bank Powerless To Halt Collapse.” ZeroHedge suggests that the collapse is engineered to disguise how much graft Recep Tayyip Erdogan and his cronies have stolen from the country.
  • Registered Republicans now outnumber registered Democrats in Florida for the first time ever. Take a bow, Scott Presler, who has worked tirelessly to register Republicans to vote:

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

  • Nothing to look at here, just a sex and drugs scandal involving FBI employees.
  • Sometimes things are exactly what they appear to be. “Documents link Huawei to China’s surveillance programs.”

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

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

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

    Insert shocked face here.

  • Apple climbs further into bed with Communist China.

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

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

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

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

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

  • Disgrace: Biden abandoned over 60,000 Afghan interpreters, support personnel — along with 14,000 Americans.”
  • “Trump’s Social Media Platform Gets $1 Billion Investment Boost, Dems Get Nervous.” It will be interesting to see how quickly TRUTH Social can get off the ground.
  • Are Texas National Guardsmen getting screwed out of their pay?
  • Play stupid games, win stupid prizes. “Texas man sentenced to nearly 4 years in prison for attacking US Marshal during Portland Antifa riot.”
  • Play stupid games, win stupid prizes Philadelphia pizza joint edition.
  • In yesterday’s post, I forgot to link to these Log4J memes. Enjoy!
  • Why New York City lags the rest of the nation in unemployment. Thank lockdowns, shutdowns, and insane government. “The economy is not a light switch. The supply chain is not a light switch.” The money quote “New York City is just not that amazing!”
  • Popular Mexican singer Vincente Fernandez died, and the woke couldn’t wait to crap on his grave:

  • In a blow to election integrity, the Texas Court of Criminal Appeals says that the Attorney General lacks authority to prosecute election fraud cases.
  • Democrats: Don’t you dare call us communists! Also Democrats: “Sen. Richard Blumenthal Helps Conn. Communist Party Celebrate 102nd Anniversary of CPUSA.”
  • Things that make you go “Hmmmm”:

  • True, dat.

  • Life imitates an episode of Justified:

  • Did you know that an Israeli airstrike hit a Syrian port last week? Did you see anything about that in the news? Seems like the sort of thing the media would cover before they decided that a bunch of lunatics shouting at J.K. Rowling is more important.
  • Texas House Speaker Dade Phalen attends fundraiser for quorum-busting Democrats in the Rio Grande Valley (including State Reps. Terry Canales, Sergio Munoz Jr., Oscar Longoria, Armando Martinez, and Bobby Guerra, and State Sen. Chuy Hinojosa) while skipping a Republican event a mile away. Remind me again why Phalen is speaker?
  • “Pasadena Mechanic Sues City Over Parking Space Regulation Prohibiting His Business from Operating.”
  • There’s nothing this Austin City Council can’t seem to ruin, including the Trail of Lights.
  • Man these allergies are killing me,” December edition. (Hat tip: Dwight.)
  • I think they should use this scene in Super Troopers III: “Two Massachusetts State Police troopers have been suspended without pay for turning a hallway at the state police academy into a makeshift ‘Slip ‘N Slide’ game.” (Hat tip: Dwight.)
  • Speaking of science experiments: What happens when you hit a gong with a baseball traveling at Mach 1.5? And you know there’s super-slow motion involved…
  • Whoa:

  • Terry Gilliam fired from directing West End production of Into The Woods for daring to recommend Dave Chapelle’s new comedy special on his own Facebook page.
  • Sex and the City writer Candace Bushnell, 60, admits she regrets choosing a career over having children as she is now ‘truly alone.'”
  • “Biden Warns Russia That If They Invade Ukraine, America Will Evacuate Haphazardly And Leave $86 Billion In Weapons Behind.”
  • “Hillary Clinton Reportedly Considering Losing Again In 2024.”
  • Bob Dole Switches To Democrat Party.”
  • Skillz:

  • De Blasio Imposes New Vaccine Mandate And New Yorkers Scream “Enough!”

    Tuesday, December 7th, 2021

    On his way out the door, uniformly loathed New York City Democratic Mayor Bill de Blasio has announced one final kick in the balls to the city’s struggling small business owners by ordering them to enforce a vaccine mandate on private businesses.

    Effective December 27 and applying to 184,000 businesses, the mandate requires that all workers in private companies in the city present proof of vaccination as a condition of employment.

    “We’re going to announce a first-in-the-nation measure,” de Blasio said. “Our health commissioner will announce the vaccine mandate for private sector employers across the board. All private-sector employers in New York City will be covered by this vaccine mandate.”

    After imposing a vaccine mandate for those who patronize leisure businesses and certain indoor venues such as restaurants and movie theaters a few months ago, de Blasio expanded that order Monday to include children aged five to eleven, a demographic recently approved to receive the shot. That “Key to NYC” program, under which customers only had to verify that they had one dose, has been updated to a two-dose requirement.

    The mayor said additional guidance regarding enforcement and compliance will be issued on December 15.

    One wonders what constitutional authority de Blasio thinks makes him God-Emperor of New York City.

    Most businesses are already not complying with the existing mandates, and people are announcing they won’t comply with this one:

    Here’s Louis Rossmann announcing he won’t comply:

    He also said that one of his employees came down with a horrible case of myocarditis and a mild heart attack after the second dose of the vaccine. Maybe he just got terribly unlucky, or maybe myocarditis is a much more prevalent side effect than we’ve been led to believe.

    Back to Rossmann:

    “That employee is then going to tell me to gargle his balls. And when he says that, that’s not going to be sexual harassment, that’s just going to be the natural response to when somebody demands that you get a medical procedure in order to keep your job.”

    “The other reason I am against these mandates [is] because they create culture wars that are detrimental to actually getting people vaccinated and caring about public health.”

    Correct. This would suggest that vaccine mandates are no longer about public health (of they ever were).

    “This is going to create more anti-vaxxers than that would have ever existed otherwise.”

    Correct. Maybe that’s the intent. Or more likely, the intent is to impose compliance to government mandates for the sake of imposing compliance to government mandates. To better prepare the population for the next mandatory compliance measure coming down the pike that our elite ruling class will feel free to ignore.

    Every. Knee. Must. Bend.

    “It’s one of those things where I genuinely believe that it might just be the kick in the ass necessary to actually get people here to consider alternatives to being in New York City as a business.”

    Rossmann is the sort of moderate that’s being redpilled by Democratic politicians’ relentless drive for greater regulation. (To say nothing of their manifest incompetence and the baleful effects of their soft on crime policies.)

    With Biden’s federal vaccine mandate already permanently blocked by the the courts, it seems unlikely de Blasio’s mandate would pass constitutional muster either. And incoming mayor Eric Adams may immediately eliminate the mandate.

    But the continued drive among so many nations worldwide to impose lockdowns and mandates in the face of evidence that they seem to have no effect on the spread of Flu Manchu, and generate widespread opposition from their citizens, indicates that something other than reasonable health policies are at work here.

    Update: De Blasio’s mandate has already been blocked.

    Omicronapalooza

    Saturday, November 27th, 2021

    “There’s a new Flu Manchu variant called _____ you have to be very scared about and do what we tell you!”

    The new variant is called (I kid you not) “Omicron.”

    “Bow, puny humans!”

    Yeah, we’re over it. There’s always going to be another variant. Americans refuse to put up with this lockdown and school closure BS any more, and the political party that pushes it (Democrats) will be punished electorally.

    Enjoy some memes:

    Supply Chain Update for November 10, 2021

    Wednesday, November 10th, 2021

    Thanks to California regulations and vaccine mandates, supply chain problems continue to plague America. Here’s an update on those disruptions and other topics related to the wondrous Biden Economy.

  • Inflation hits a 31 year high.
  • Not only is inflation bad, it’s about to get much worse. Unprocessed goods are up 56% from a year ago. “At the current rate of increase, regular unleaded gasoline will hit $6/gal (National Average) by Easter.”
  • It’s not just us: China’s prices are soaring as well.

    China’s trade balance may have just hit a record on the back of resurgent exports and slowing inflation, but the favorable impact to China’s mercantlist economy was more than wiped out by the just released record PPI and resurgent CPI.

    China’s National Bureau of Statistics reported that in October, CPI rose 1.5% Y/Y, higher than the 1.4% expected, and a 0.7% sequential increase from the September print; the CPI increase was evenly split between base effect and sequential growth.

    At the same time factory gate, or PPI, inflation hit a fresh all time high of 13.5%, steamrolling the 12.4% consensus estimate, and rising at the fastest pace since records began in November 1995.

    While the gradual increase in CPI is alarming, and the NBS said that it was affected by weather, commodities demand and costs – it was the producer price inflation that was far more alarming, soaring as a result of a tight supply of energy and resources. In reality, however, there was just one key variable – thermal coal, which as we said last month indicates that PPI will continue rising far higher, although judging by the recent sharp reversal in the price of Chinese thermal coal (if only for the time being), this may be as high as PPI gets.

    Or so Beijing should hope because with the spread between PPI and CPI hitting a new all time record, virtually no Chinese companies that use commodity inputs – which in China is a vast majority – are making any profits.

  • The situation at LA and Long beach ports is not getting better:

    DHL releases service announcements every week so shippers in their network know what to expect at ports all around the world. The most recent announcement came out today, and it shows that the situation at America’s top West Coast port complex is not improving. Here’s DHL’s summary of the port conditions at Los Angeles/Long Beach:

    Ships are waiting 13-22 days to catch a berth. Currently there are 72 vessels waiting for a berthing spot. Both ports are seeing record volumes month after month and the ships at anchor are delayed an average of 4 days. Delays forcing the ships to wait at anchor are expected to continue for the remainder of the year. All terminals remain extremely congested and evaluating a reduction on their window for export cargo acceptance from four to three days. The expected spike on imports generated by the peak season and cargo pre-shipped is already here making the operation more complex. Local trucking delays have been reduced and are being closely monitored. The LAX/LGB rail operations from all terminals and the off dock ramps continues to deteriorate as demand exceeds capacity, therefore inland moves by rail can suffer considerable delays.

    That’s not an encouraging description, and there has not been movement in the right direction. The waiting time and number of ships waiting have been steady for over a month now, according to DHL. If anything, they are getting slightly worse. Here’s how those estimates have changed over time:

    “Port congestion has been a problem for months now, and we’ve yet to see signs of improvement.”

  • “You Know Those Cargo Ships And Trains Waiting To Be Unloaded In California? Yeah, Now Homeless People Are Breaking In And Stealing Things From The Stopped Trains.”

    So, not only will you have to wait literal months for products you’ve ordered to finally make it to their destination, now it looks like you’ll be lucky if any of these things make it to your house because homeless people are stealing from unprotected parked trains.

  • Truckers should be making money hand-over-fist to solve the supply chain crisis. Port constraints mean They’re not:

    We have covered the ocean-carrier side of this crisis (‘In Deep Ship’), and the new fee equivalent to $1m a day, and rising $1m each following day, for a 10,000 TEU vessel whose cargo is stuck in LA/LB port. However, we stressed in that report that the supply chain issue is more systematic. So, allow me to share quotes from an article exposing there is ‘No Trucking Way’ we are about to return to normal:

    “Think of going to the port as going to WalMart on Black Friday, but imagine only ONE cashier for thousands of customers…Most port drivers are ‘independent contractors’, leased onto a carrier who is paying them by the load. Whether their load takes two hours, fourteen hours, or three days to complete, they get paid the same, and they have to pay 90% of their truck operating expenses…I honestly don’t understand how many of them can even afford to show up for work…In some cases they work 70 hour weeks and still end up owing money to their carrier.

    So when the coastal ports started getting clogged up last spring due to the impacts of COVID on business everywhere, drivers started refusing to show up. Congestion got so bad that instead of being able to do three loads a day, they could only do one. They took a 2/3 pay cut and most of these drivers were working 12 hours a day or more…Many drivers simply quit. However, while the pickup rate for containers severely decreased, they were still being offloaded from the boats. And it’s only gotten worse…The ‘experts’ want to say we can do things like open the ports 24/7, and this problem will be over in a couple weeks. They are blowing smoke, and they know it.”

    The author also points out a crippling shortage of truck chassis; warehouse workers, again due to low-pay and Covid, so unloading takes longer; and warns soon there will be less, not more truck drivers. Crucially, he bewails that ocean carriers, ports, trucking companies, warehouses, and retailers are all making great money – so won’t invest before the system collapses further. If so, this book-ends the 1980 deregulation of the US trucking industry under President Carter.

    Meanwhile, Senator Manchin just said ‘No Trucking Way’ to the White House’s fiscal plans, again, which already fail to address the above logistical problems. Perhaps it’s time for US economists to study what weak, share-cropper logistics and on-off fiscal and central-bank liquidity largesse do for emerging markets’ macroeconomic and financial stability?

    Indeed, Bloomberg reports: “Chinese households are encouraged to stock up on a certain amount of daily necessities, such as vegetables and meat, in preparation for the winter months, according to a notice from Ministry of Commerce aimed at ensuring supply and stabilizing prices of such items for the next few months. Major agricultural distributors are encouraged to sign long-term contracts with producers. Reserves of meat and vegetables will be released on a timely basis to replenish market supply.”

  • Another problem: Some 73,000 truck drivers taken off the roads due to newly implemented drug tests.

    The biggest number of clearinghouse violations by far — 56 percent — are for marijuana use, according to federal data. (Amphetamine and methamphetamine violations account for 18 percent, while cocaine and various opioids account for 15 percent and 4 percent, respectively.) Some argue that because marijuana can stay in the body for up to 30 days, testing does not accurately reflect whether a person is driving while under the influence.

    (Hat tip: Director Blue.)

  • Whoever is in charge of Slow Joe’s administration is making everything worse:
    • As Mario Loyola laid out, “The World Economic Forum rates America’s shipping-industry regulations as the most restrictive in the world, chiefly because of the Jones Act. Stifling regulations have left America with the most inefficient ports in the world. A recent review of container-port efficiency ranked the ports of Los Angeles and Long Beach below ports in Tanzania and Kenya, near the bottom of the list of 351 top ports. America’s ports are effectively third-world. The 50 most efficient ports in the world are mostly in Asia and the Middle East; none are in America.”
    • Loyola continues, “Above all, it is the shortage of truck drivers that’s causing the current crisis. And why do we have that shortage? One reason, according to truck drivers, is that the restrictions on their access to ports are too onerous. The Jones Act has made that problem worse, too. The Jones Act ‘has made coast-wise shipping prohibitively costly and therefore put additional pressure on alternative inland transit such as trucks and trains,’ Lincicome writes. “In practice, this means badly needed rigs that could be servicing U.S. ports currently are instead stuck on I-95 ferrying oranges from Florida to New York.”
    • Earlier this year, Heavy Duty Trucking reported that the Biden administration had imposed a tariff on truck chassis (the framework that provides the truck base that includes the wheels and axles) made in China; “chassis or sub-assemblies imported from China for the next five years will be subject to tariffs/duties that would add up to more than twice the value of the actual chassis itself.”
    • Weston LaBar, executive director of the Harbor Trucking Association in California, told Heavy Duty Trucking that that, “The [U.S. International Trade Commission] really botched their decision, at a time when our industry is needing to inject more equipment, both for capacity and for folks trying to retire older equipment. Now people have to stretch out the useful life of existing equipment, which isn’t an ideal thing from a safety standpoint. And now we’ve created scarcity and increased the cost.”
    • California imposed regulations requiring trucks built before a certain date to replace their engines or not operate in the state.
    • Our Dominic Pino observes that the Biden administration wants to make two-man crews for freight-train engines standard, forever — no matter what technological advances occur. The unions for the train crews argue that trains are like planes and require two engineers — unlike a freight truck, which can be safely driven by one person. “As the Association of American Railroads says, plenty of other trains operate just fine with only one person at the controls. In the European Union, Australia, and New Zealand, one-person crews are the norm, and even in the U.S., passenger trains are commonly driven by one person.”
  • A view from the trenches by (of all people) Dukakis campaign manager Susan Estrich:

    I’m exactly the sort of person who should be up-to-the-minute on what the senators from Arizona and West Virginia are doing and whether the progressives will go along and whatever else it is that has caused Congress to accomplish absolutely nothing under supposed Democratic control. But I’m not.

    I’m up-to-the-minute on the price of eggs. And the cost of cans for cranberry. And the likelihood of empty shelves when I shop for all the children in my life come December.

    I’m up-to-the-minute on all the big ships you can see lined up just waiting to unload at San Pedro, which is pretty far south of where we’re sitting.

    Twelve dollars for a dozen eggs. At the farmers market on Sunday, I did my own survey. Three stands were $11. The rest were $12. Ten minutes ago, they cost $6.

    One hundred dollars. That’s how much it cost my handyman to fuel up his truck.

    They’re warning that the price of canned cranberries is going to be 50% higher this year because of the scarcity of aluminum for the cans.

    Remember overnight deliveries from Amazon? Notice that all those overnight specials now take three days, and certain products are already being slated for January delivery.

  • The supply chain problems hits ordinary Texans:

    everyday items have started disappearing, leaving the stores with nothing to replace them with.

    Belton resident Laura Zarate said it started slowly.

    She’d go to her local store to buy groceries and the store didn’t have something she needed.

    Now her shopping list is getting lighter as more items move to her can’t get list.

    “When I walk in, on the shelves I see they don’t have a lot of things anymore that we used to buy. They’re kind of empty sometimes. It worries me,” Zarate said.

    And it should worry all of us. In a global economy that lives or dies by its dependence on consumer spending, transportation becomes a vital link in getting products to consumers through something called “the supply chain”.

    The supply chain is a network of transportation that takes goods from factories to airplanes and eventually to warehouses and eventually us.

    And what’s the weak link here?

    “The breakdown is in the supply chain in general,” a Port of Los Angeles longshoreman said.

    However, this supply chain didn’t just have weak links, it looked like a roving gang with bolt cutters tore into it.

    Take Christmas for instance, those decorations that didn’t show up in August could be the only thing we get.

    “The cut-off was probably about a month ago,” said a L.A. warehouse manager, talking about when most of Decembers merchandise should have been here.

    But that supply chain, that network, now has holes in it and empty store shelves prove it.

    What are stores doing about the supply chain problem?

    Frankly, everything they can and everything they can think of because if they aren’t selling, they aren’t making any money.

    Stores blame shipping companies and shipping companies blame overseas companies, who blame the shipping companies and it goes round and round until it just becomes background noise, leaving Laura Zarate, paying more for much less to buy.

    People started noticing it when ships mysteriously started dropping anchor off the coast of California.

    A backup caused by only so many parking spots and so many employees unloading the ships.

    “Everything. Everything on paper, your shirts, your shoes, your bike, computers, air conditioner, everything. Everybody’s waiting for,” said dock workers when asked about the growing problem.

    The world shutdown is the cause but experts say we added to the problem by believing stories shipping companies spun of how their super-efficient delivery system meant you didn’t need a stockpile of stuff.

    “We’ve had a lot of shortages, truck drivers and high utilization of our supply chains since the pandemic started. When you put all that together plus the shift of consumer spending from more services more towards goods, which has created more demand so it’s kind of like a perfect storm really says everything that could go wrong did go wrong and all at the same time,” said Michael Bomba, Ph.D., of the G. Brint Ryan College of Business, at the University of North Texas.

    He says we will soon have to address the issue of better pay for truck drivers, another by-product of shifting spending and COVID.

    (Hat tip: Vance Ginn.)

  • Among the items hit by supply chain shortages: Thanksgiving staples. (Hat tip: Stephen Green at Instapundit.)
  • “Now More Than 100 Container Ships Are Waiting outside the Ports of Los Angeles and Long Beach.” That’s back on November 1.
  • Today: 111 container ships at dock.
  • Supply Chain Dive has a Port of LA and Long Beach tracker, though right now it seems heavier on policy announcements than actual action to relive congestion. One positive change: “The City of Long Beach is waiving container stacking rules for 90 days to help with port congestion. Previously, stacks could only be two containers high. Now, the city is allowing stacks of up to four containers, or up to five with a special permit.”
  • Some tweets:

  • Locally, the luncheon meat shortage at HEB seems mostly over, but Sam’s doesn’t appear to be stocking 12 oz cans of Diet Dr Pepper, only 20 oz bottles and cans of Dr Pepper Zero Sugar, which has a different formula. So far I don’t like it as much…

    LinkSwarm for November 5, 2021

    Friday, November 5th, 2021

    Remember, remember, this Guy Fawkes Day LinkSwarm!

  • Nancy Pelosi: “See how we got slaughtered? Now march right uphill and take that machine gun nest for the glory of the party!”

    The Associated Press reports that, unchastised by Tuesday night’s rout, Nancy Pelosi plans to ready the House of Representatives for a “debate and vote on a revised draft of President Joe Biden’s now-$1.85 trillion domestic policy package.” The decision, the AP suggests, is intended to “show voters the party can deliver on its priorities.”

    That’s one way of putting it, certainly. Another might be: Nancy Pelosi hopes to appease the progressive wing of her caucus by sending her most vulnerable members unarmed into the Somme.

    Substantively, what Pelosi is proposing is bonkers. For a start, there is no “Build Back Better” bill. It remains what it has always been: a slogan, in search of a topline, in search of an agenda. There is only one thing on which the Democratic Party is agreed, and that is that the United States should spend at least two trillion more dollars over the next decade than it had planned to before Joe Biden won. On what? Well, that depends. Some want tax cuts for the rich. Some want to send checks to Americans who have kids. Some want a bunch of new permanent programs. Some want climate-change-mitigation measures. Some want to a second New Deal. At various points during the last few months, all of these things have been in the bill in one form or another, and, at various points, they’ve been taken out again. There is a reason that we have not had a “national debate” over the “Biden agenda,” and that reason is that, beyond its cost, there is nothing concrete to debate.

    The result has been the creation of a protean piece of vaporware that nobody in Congress seems much to like, and that the American people seem increasingly to loathe. Since Tuesday’s elections, the institutional Democratic Party has rallied stupidly around the idea that, in order to stave off further electoral losses, it must show voters that it can “get things done” — as if the average American citizen favors action for its own sake. But, of course, it must do no such thing. Reflecting upon this fallacy, Abigail Spanberger, a moderate Democrat from Virginia, noted yesterday that “nobody elected [Biden] to be F.D.R., they elected him to be normal and stop the chaos,” while Representative Kathleen Rice, her colleague from New York, seemed baffled by the whole thing. “I don’t understand some of my more progressive colleagues saying [that Tuesday] night now shows us that what we need to do is get both of these bills done and shove even more progressive stuff in,” Rice said.

    Rice is correct. And yet, inexplicably, “shove even more progressive stuff in” is precisely what Nancy Pelosi has chosen to do in response.

    “Do the will of the Party, comrade, and know that when we step on your corpse, we’re climbing to a glorious future!”

  • Examples of why the Democrats’ revised spending bill is still awful.

    Budget Gimmicks Pour Gasoline on Inflationary Fire

    The main number mentioned about the bill is the claimed cost of $1.75 trillion in spending and tax credits. For starters, this is only an educated guess on the part of Democrats, since official congressional scorekeepers have not had a chance to weigh in yet.

    More importantly, that stated cost (which is not zero) is only possible as a result of deliberate budgetary gimmicks. Many key programs expire after a few years rather than the usual 10 years, and in some cases expire after a single year.

    Amazingly, the bill’s cost would more than double without the gimmicking.

    This would still be a problem even if all of the programs are allowed to expire. That’s because the bill front-loads the spending while spreading tax hikes across the decade, meaning it would increase deficit spending significantly in the first few years, especially the first year.

    In turn, that deficit spending would mean artificially injecting billions of dollars into the economy. This would only serve to worsen the biggest wave of inflation in decades.

    Causing hardworking families to pay more for essentials is no way to “build back better.”

    Using Taxpayer Dollars as a Back Door to Mass Amnesty of Illegal Immigrants

    Providing amnesty to illegal immigrants has been a top priority of the left for decades. While the spending package is supposed to be just that—a spending package, not a new immigration law—Democrats are attempting to sneak amnesty through the back door.

    Because the bill is written to fit within strict budgetary rules, there are limits to what it can contain. The Senate parliamentarian has ruled against the inappropriate amnesty provision twice already, with the second decision relating to the language that’s in the revised bill.

    Democrats have said that the current immigration text is a “placeholder” while they make a third attempt to convince the parliamentarian to give them what they want. The fact that they’re including text that has already been ruled out of order demonstrates how little regard they have for the rules.

    Plus handouts for the wealthy, more social justice indoctrination, and $2.5 billion for “tree equity.” (Hat tip: Stephen Green at Instapundit.)

  • Manchin still isn’t having any:

    A point Manchin made about the use of “budget gimmicks” by fellow Democrats [could] doom the Biden agenda.

    Manchin reiterated his concerns about “exploding inflation,” the debt, the potential for rising interest rates, and the creation of new social spending programs. “How can I in good conscience vote for a bill that proposes massive expansions of social programs when vital programs like Social Security and Medicare face insolvency and benefits could start being reduced as soon as 2026 in Medicare and 2033 in Social Security?” he asked rhetorically. “How does that make sense? I don’t think it does.”

    Initially it seemed as though he was just demanding the need for a CBO score when he talked about the need for more transparency about the bill’s fiscal impact. That alone would be consistent with a strategy of wanting delay legislation that he would ultimately vote for. And there are a myriad of ways for Democrats to game the intricacies of the CBO process to get an acceptable enough score for Manchin to vote for.

    But then Manchin took things a step further.

    He said, “As more of the real details outlined in the basic framework are released, what I see are shell games — budget gimmicks that make the real cost of the so-called $1.75 trillion bill estimated to be almost twice that amount if the full time is run out. If you extended it permanently. And that we haven’t even spoken about.”

  • Further, Manchin saiud that he won’t vote to overrule the Senate Parliamentarian on reconciliation rules.

    “I’m not going to vote to overrule the parliamentarian,” Manchin added. “I’m not going to do that; they all know that.”

    Because Democrats are trying to bypass Senate Republicans on President Biden’s spending plan, they have to comply with the rules governing reconciliation, an arcane budget process that lets them avoid the filibuster.

    The Senate parliamentarian provides guidance to senators about if policies meet the Byrd rule, named after the late Sen. Robert Byrd (D-W.Va.), that restricts what can be included in a reconciliation bill.

    If it doesn’t comply with the rule, it will be stripped out of the bill — or Democrats could try to overrule the parliamentarian. But that would take total unity from the 50-member Senate Democratic caucus, meaning they would need Manchin’s support.

    In addition to Manchin’s opposition, members of Senate Democratic leadership have previously signaled that they don’t believe they have the votes for such a move.

    But the parliamentarian has frustrated activists this year, first by ruling against including a $15 per hour minimum wage in a coronavirus relief bill. Sen. Bernie Sanders (I-Vt.) tried to put it back in the bill as an amendment, which required 60 votes because it didn’t meet the budget rules, but lost several Democratic senators in addition to Republicans.

  • The Biden Administration has finally unveiled their vaccine mandate.

    On September 9, President Biden announced a directive to the Labor Department to develop a temporary emergency rule for businesses with 100 or more employees that would require workers to be fully vaccinated or be tested at least once a week. Biden declared that, “We’re going to protect vaccinated workers from unvaccinated co-workers. We’re going to reduce the spread of COVID-19 by increasing the share of the workforce that is vaccinated in businesses all across America.”

    This morning, the Occupational Safety and Hazard Administration announced that starting on January 4 — sixty days from today’s publication — new vaccination-or-test requirements for businesses with more than 100 workers will go into effect, as well as a vaccine mandate for health care workers at facilities participating in Medicare and Medicaid.

    OSHA is issuing the vaccine mandate under an “emergency temporary standard,” which means the regular public comment period was skipped. Emergency temporary standards are applied when “workers are in grave danger due to exposure to toxic substances or agents determined to be toxic or physically harmful or to new hazards and that an emergency standard is needed to protect them.”

    Just past the Christmas season. Funny that.

  • “Mandate Meltdown: 26 NYC Firestations Shuttered, LA Sheriff Warns Of ‘Mass Exodus‘, Tucson Water District Faces ‘Staff Shortage.'”

    We’re f–ked. We are going to toast like marshmallows,” retired electrician Vinny Agro, 63, told the Post. “It’s another sad day for New York City.”

    Across the Rockies, Los Angeles Country Sheriff Alex Villanueva has warned of an “imminent threat to public safety” caused by a “mass exodus” of thousands of deputies and civilian personnel who refuse to take the jab.

    “I could potentially lose 44% of my workforce in one day,” he wrote in a Thursday open letter to the Board of Supervisors, adding that he can’t enforce “reckless mandates that put public safety at risk.”

    This seems to be the desired outcome. Ordinary people who voted for Democrats might start to ask why.

  • And here come the lawsuits!

    Within hours of the Biden administration unveiling a Jan. 4 deadline for 100 million workers to get vaccinated, a small business advocacy group announced it is filing a lawsuit seeking to block the measure.

    “The Biden administration’s vaccine mandate is clearly illegal and will have a devastating impact on our small business community and our entire economy,” said Alfredo Ortiz, the CEO of the Job Creators Network.

    CN is suing the administration on the grounds that the Occupational Safety and Health Administration doesn’t have authority to impose the mandate and that, in any case, there is neither the grave danger nor necessity to issue it.

    It’s just one of many court battles set to ensue over the rules, many coming from Republican leaders accusing the federal government of overreach into personal medical decisions.

    At least 19 states have filed three separate lawsuits aimed at stopping the previously announced mandate for federal contractors, and the rules are being challenged by most of the Republican caucus in the Senate.

    (Hat tip: Director Blue.)

  • “Teachers Union: ‘It’s OK’ That Kids Don’t Know Math, ‘They Know The Words Insurrection and Coup.'”

    The head of the Los Angeles teachers union said “there is no such thing as learning loss,” despite evidence of massive educational declines due to a year of remote learning.

    Cecily Myart-Cruz, president of United Teachers Los Angeles, told LA Magazine that “It’s OK that our babies may not have learned all their times tables. They learned resilience. They learned survival. They learned critical-thinking skills. They know the difference between a riot and a protest. They know the words insurrection and coup.”

    Anyone know what it takes to decertify a union?

  • Yes, they are teaching Critical Race Theory:

  • Legal Insurrection has been all over covering the Kyle Rittenhouse trial. Here’s day 2. So far everything argues for legal self-defense, even the prosecution witnesses. “I’ve yet to see any compelling evidence that seems capable of meeting their burden to disprove self-defense beyond a reasonable doubt. And I’m beginning to wonder if we ever will.”
  • How Republican truck driver Edward Durr defeated Democratic New Jersey State Senate President Steve Sweeney.

    “The main issue was rights,” Durr said, via phone. “People talk about how New Jersey has the highest taxes, and we’re the worst state for business, with high debt, and so on, but bottom line is rights. It’s family.

    “When somebody’s messing with your family, you’ll do anything,” he said. “The governor was messing with people’s families. When you mess with somebody’s job, their livelihood, their home, their children — people just won’t take that.”

    Durr said that New Jersey’s harsh coronavirus policies had helped create a “perfect storm” that made his victory possible.

    “It was the combination of a governor who acts like a king, and a senate president who acts like a court jester, and does nothing. That made it very easy to convince people they were not being paid attention to. And when they got ignored, they got angry.”

    But Durr, 58, did more than just get lucky. And he spent more than the $153 that has been highlighted in media reports.

    “That’s the amount I spent prior to the primary,” he explained, somewhat exasperated by the inaccurate reporting.

    He estimates that he spent about $8,000 to $9,000 in total, mostly on campaign literature, yard signs, and a now-viral video.

    He also worked hard, walking door-to-door to speak to voters. Having left long-haul trucking for a job working a local route close to home, he was able to use afternoons and evenings to campaign in the district, together with several volunteers.

    “I walked three to four hours on Tuesdays and Wednesdays. Saturdays and Sundays, I walked six to eight hours. We usually had half a dozen volunteers. One time we went out and we had twelve to thirteen go out with us,” he recalled proudly.

    “Trust me, plenty days I did not feel like walking. It was too hot, my ankles and my feet hurt — I’m not a young man anymore, and I have gout, and plantar fasciitis — it was a hard thing.

    “But it was well worth it, because it allowed me the opportunity to talk to every person I could possibly talk to, and understand what they were feeling, and get the pulse.”

    (Hat tip: Holly Hansen.)

  • Joe Rogan 1, “Journalists” 0. “So far, there isn’t a lot of evidence that ivermectin is a good anti-covid therapy, and federal agencies have warned people who hear about the drug not to consume a paste intended for livestock. But that doesn’t mean Rogan ate horse dewormer. You don’t fight disinformation with disinformation. Not if you’re a good reporter.”
  • “Police arrest suspect who shot HEB employee in North Austin.” Since Prop A failed, expect more shootings.
  • “Main Steele Dossier Researcher Arrested in Durham Probe.”

    The primary researcher behind the Steele Dossier, a collection of unsubstantiated opposition research linking the 2016 Trump campaign to the Kremlin, was arrested by federal authorities Thursday.

    Russia analyst Igor Danchenko’s indictment stems from the federal probe led by John Durham, the special counsel tapped by the Trump administration to audit the Russia investigation for malfeasance, anonymous individuals with direct knowledge of the matter told the New York Times.

  • Is China planning to build 150 nuclear reactors?
  • “Nobel Prize Awarded for the Worst Climate Model.”

    Syukuro Manabe has been a pioneer in the development of so-called general circulation climate models (GCMs) and more comprehensive Earth System Models (ESMs). According to the Committee, Manabe was awarded the prize “For the physical modelling of the earth’s climate, quantifying variability, and reliably predicting global warming.”

    Snip.

    Every six years or so, the U.S. Department of Energy collects all of these models, aggregating them into what they call Coupled Model Intercomparison Projects (CMIPs). These serve as the bases for the various “scientific assessments” of climate change produced by the U.N.’s Intergovernmental Panel on Climate Change (IPCC) or the U.S. “National Assessments” of climate.

    In 2017, University of Alabama’s John Christy, along with Richard McNider, published a paper that, among other things, examined the 25 applicable families of CMIP-5 models, comparing their performance to what’s been observed in the three-dimensional global tropics. Take a close look at Figure 3 from the paper, in the Asia-Pacific Journal of Atmospheric Sciences, and you’ll see that the model GFDL-CM3 is so bad that it is literally off the scale of the graph.

    At its worst, the GFDL model is predicting approximately five times as much warming as has been observed since the upper-atmospheric data became comprehensive in 1979. This is the most evolved version of the model that won Manabe the Nobel.

    In the CMIP-5 model suite, there is one, and only one, that works. It is the model INM-CM4 from the Russian Institute for Numerical Modelling, and the lead author is Evgeny Volodin. It seems that Volodin would be much more deserving of the Nobel for, in the words of the committee “reliably predicting global warming.”

    Might this have something to do with the fact that INM-CM4 and its successor models have less predicted warming than all of the other models?

  • Lucifer Devil stabbed to death on Halloween. Looks like some Satanist dumbasses had the instructions upside down…
  • Play Taken games, win Taken prizes.

  • Zillow shuts down its home-flipping business. Louis Rossman says good riddance. Maybe you shouldn’t have kept tweaking your algorithm until you were paying way above market rates for housing…
  • “1959 Miller-Meteor Hearse powered by a 707 horsepower Hellcat engine.”
  • Happy feet!

  • Supply Chain Update for October 28, 2021

    Thursday, October 28th, 2021

    Another week, another roundup on the supply chain issues plaguing America and the world.

  • The supply chain problem is one of the big reasons economic growth dropped to an anemic 2% in Q3. The Trump boom/post-Flu Manchu recovery has ended, and the Biden economy has kicked in.
  • Here’s a pretty revealing thread about the Los Angeles/Long Beach Port problems:

    All this, of course, is on top of the previous banning of older trucks and non-union owner operators.

  • But remember: There’s no problem a government “solution” can’t make worse: “Biden hopes fines on lingering cargo containers ease congestion at major U.S. ports.” “The twin ports of Los Angeles and Long Beach will charge carriers $100 per day for each container lingering past a given timeline starting Nov. 1.” Yeah, that’s going to magically conjure trucks and drivers out of thin air.
  • Another problem is the change in containers, and the requirements for matching truck chassis types, has added still another point of failure (from 2015):

    Ten years ago, the largest container vessels that entered the ports carried 8,500 twenty-foot containers, or TEUs. Each shipping company operated their own cargo ships. The containers inside were generally all the same, and they were loaded systematically for efficient unloading at each dock.

    Now, the ships are much larger, carrying 14,000 TEUs, said Philip Sanfield, a spokesman for the Port of Los Angeles, adding that the ships are only getting bigger, and soon ships carrying 16,000 TEUs will enter the seas. The companies have begun forming alliances with one another to share these larger ships. Each company’s cargo containers are different – so it takes longer for dock workers to sort and unload them. It saves the shipping companies money, but makes for longer hours for dock workers and truckers.

    “That’s an inefficiency in the system that is driven by an efficiency: the move toward larger vessels,” says Thomas O’Brien of the Center for International Trade and Transportation at Cal State Long Beach. “But the impact is felt on the dock side.”

    One example of how this plays out: a truck driver spends hours waiting at the docks for the container he or she has been assigned to haul, which has to be moved from the bottom of a tall stack of other containers.

    But even before waiting for a cargo container, the driver must be matched with a chassis – the trailer that the container sits on top of. That process also involves a lot of waiting, and often some hunting. Drivers have to find one that will match the cargo container that he or she has been assigned to haul.

    In the past, this matching process was relatively simple because the shipping companies also owned their own chassis fleets and managed them from their shipyards.

    But during the recession, the shippers got out of the chassis business, turning them over to third-party companies to lease and maintain. The transition has created scattered mix of chassis on various terminals, and ultimately, a chassis shortage at a time when bigger ships are showing up with more cargo. Truckers told KPCC it’s difficult for them to know where they can find a chassis that will match the container they are assigned to haul, and often find themselves on what amounts to a wild goose chase.

    “There were times, when we would have 10 to 15 guys looking for one particular chassis, and we just had to wait,” said Danny Lima, the employee truck driver. “I heard stories that there are no chassis at one certain terminal because they were all at another terminal. “

    “I’m praying that there is going to be a chassis,” says Rafael, the independent trucker. “Because I can spend an hour driving around the terminal looking for chassis.”

  • Another problem: California’s Flu Manchu restrictions.

    California had some of the most stringent COVID-19 limitations of any state in 2020 when the horrendous backlog began. There was a need for more workers as demand for imported goods was skyrocketing, but California had far fewer available due to drastic government restrictions.

    In addition, overly generous government unemployment payouts reduced the need or incentive for people to work, reducing the available supply of willing truckers or longshoremen.

    When the supply chain is pinched like this, inflation rears its ugly head.

    Federal Reserve Chairman Jerome Powell has blamed recent inflation on supply chain bottlenecks. When these bottlenecks occur, consumers and businesses soon experience shortages of basic commodities and goods like new and used cars, washing machines, or medical supplies. Inflation soon follows.

    Unfortunately, many bottlenecks in supply chains occur because of government meddling.

    Politicians’ recent alarm over the Port of Los Angeles should be focused on how government officials forced docks and logistics companies, and everyone else, to follow everchanging, arbitrary COVID-19 restrictions, which worsened repeated green and labor mandates that have gummed up supply chains for years.

  • A trade group for air cargo companies like UPS and FedEx is urging the Biden Administration to push out the vaccine mandate:

    A trade group for air cargo giants like UPS and FedEx is sounding the alarm over an impending Dec. 8 vaccine deadline imposed by President Joe Biden, complaining it threatens to wreak havoc at the busiest time of the year — and add yet another kink to the supply chain.

    “We have significant concerns with the employer mandates announced on Sept. 9, 2021, and the ability of industry members to implement the required employee vaccinations by Dec. 8, 2021,” Stephen Alterman, president of the Cargo Airline Association, wrote in a letter sent to the Biden administration and obtained by POLITICO.

    The letter, sent to the Office of Management and Budget , asks the administration to postpone the deadline until “the first half of 2022.” At issue is the requirement by the Biden administration that federal workers be fully vaccinated by Dec. 8. Unlike private businesses, companies that act as federal contractors cannot opt out by instead submitting their workforces to frequent Covid testing.

    (Hat tip: Not the Bee.)

  • Our supply chain problems are a culmination of years of bad policy decisions by America’s elites:

    Our vulnerability to supply chain disruption clearly predates the Biden Administration, forged by the abandonment of the production economy over the past 50 years by American business and government, encouraged and applauded by the clerisy of business consultants. The result has been massive trade deficits that now extend to high-tech products, and even components for military goods, many of which are now produced in China. When companies move production abroad, they often follow up by shifting research and development as well. All we are left with is advertising the products, and ringing up the sales, assuming they arrive.

    Unable to stock shelves, procure parts, power your home, or even protect your own country without waiting for your ship to come in, Americans are now unusually vulnerable to shipping rates shooting up to ten times higher than before the pandemic. Not surprisingly, pessimism about America’s direction, after a brief improvement Biden’s election, has risen by 20 points. The shipping crisis is now projected to last through 2023.

    Not everyone loses here. For years the American establishment saw China as more of an opportunity than a danger. High-tech firms, entertainment companies, and investment banks profit, or hope to, from our dependency, becoming in essence the new “China lobby.” Behind the scenes these representatives of enlightened capital often work to prevent condemnation for the Middle Kingdom’s mercantilist policy, and its joint repression of democracy and ethnic minorities.

    After all, the pain is not felt in elite coastal enclaves, but in Youngstown, south Los Angeles, and myriad other decaying locales. Meanwhile, by enabling China’s focus on production, and the conquest of technologies related to making goods, we have devastated large parts of our country. This shift has cost us 3.7 million jobs since 2000. Throughout the period between 2004 and 2017, the U.S. share of world manufacturing shrank from 15 to 10 percent, while our reliance on Chinese inputs doubled, even as our dependence on Japan and Germany shrank.

    Snip.

    Some businesses are catching the drift. McKinsey and Company surveyed supply chain executives last year and found that nearly all respondents agree that their supply chains are too vulnerable. According to March 2020’s Thomas Industrial Survey, COVID-19 supply chain disruptions accelerated the search for locally-sourced materials and services. Up to 70 percent of firms surveyed said they were “likely” or “extremely likely” to re-shore in the coming years.

    The exodus from China also includes Asian and other foreign firms. UBS projects 20 to 30 percent of all Chinese capacity moving, which on $2.5 trillion of Chinese exports would imply $500 billion to $750 billion shifting elsewhere, notably to the big market of North America. Last year, Taiwan Semiconductor Manufacturing, the world’s leading chip foundry, decided to build a $12 billion new plant in Arizona, and Samsung, a huge Korean chipmaker, is also shopping in the United States for a $17 billion plant. This would remove one of the most devastating causes of supply chain problems, which has dramatically slowed auto production.

    Some major American companies, including Black and Decker, Whirlpool, General Electric, Apple, Caterpillar, Goodyear, General Motors, Little Tykes, and Polaris have begun to reshore some production. They are not alone. In 2019, for the first time in a decade, the percentage of United States manufacturing goods that were imported dropped, notes a recent Kearny study, with much of the shift coming from east Asia.

  • “After years of ‘Made in China,’ supply chains consider alternatives.”

    The “Made in China” label is ubiquitous in the United States, stamped on everything from industrial machinery to a pair of flip flops. But risks — from rising costs, to a trade war, to a pandemic — have prompted companies to rethink their relationships with suppliers and China.

    “We’ve realized that we put too much power in a single country,” said Dawn Tiura, CEO of Sourcing Industry Group.

    Snip.

    The same risk factors that drove supply chains to diversify also drove them to think about reshoring to the U.S. Proximity allows shorter transit times, lower emissions and the ability to tout a “Made in USA” label. Import duties are no longer a concern. Total cost of ownership is often lower.

    A Thomas study that polled respondents in March found 83% of manufacturers are likely, very likely or extremely likely to reshore, up from 54% in March 2020. But reestablishing manufacturing bases in the U.S. could prove challenging, after decades of standing them up in Asia and Latin America.

    “It is extremely difficult to reverse the 30+ year trend of outsourcing and offshoring manufacturing to emerging market countries,” a chemical manufacturer in the Thomas survey said. “We no longer have the talent and expertise nor capital equipment to effectively manufacture key critical components of major products and assemblies.”

  • Ace Hardware Shelves Go Bare While Supply Chain Crisis Rages.” “We order twice a week. Normally it just takes two or three days to get back in stock on something…But during the pandemic and then with a certain category being out of stock, we’ve been out of certain products for three or four months.”
  • More on part supply shortages:

  • Health supplies:

  • Heh:

    As far as local conditions in Texas, I can say that I’m only seeing small disruptions in the grocery store supply chain at my local HEB. Luncheon meat was very short there on a recent visit, but I didn’t notice any other particular absence. A few weeks ago, the big Member’s Mark store brand toilet paper at Sam’s was completely out, but it had been completely refilled a week later.

  • Reminder:

  • Here’s a piece that says lazy crane operators are to blame, according to some truck drivers. “The crane operators take their time, like three to four hours to get just one container.” Eh, something about this doesn’t ring true. Maybe they had to wait three or four hours for the operator to get their container off the stack.
  • Is the supply chain problem being deliberately inflicted on the American people to force them to swallow the vaccine mandate?

    Deputy Treasury Secretary Wally Adeyemo may have accidentally leaked the cause of America’s supply chain issues.

    “The reality is the only way we’re going to get to a place where we work through this transition is if everyone in America and everyone around the world gets vaccinated,” Adeyemo admitted in an interview with ABC News.

    Starve them out, let the dissenters suffer, and those who bought into this agenda will turn against them.

    Adeyemo said that the Biden Administration has already provided “the resources the American people need to make it to the other side.”

    Basically, everyone should give into the vaccine mandate or face the consequences. They are masking authoritarianism as utilitarianism. The vaccine has not been mandated at the federal level in the US, yet, but it is apparent that the government plans to make life as difficult as possible for those who do not obey.

    Echoing the Fed, Adeyemo said that inflation is “transitory,” and “as part of the transition we are seeing higher pieces for some of the things people have to buy… That’s exactly why the president was focused in the American Rescue Plan in ensuring on getting stimulus into the hands of the American people, so they’d be able to buy the products they need.”

    Yes, the government expects us, the Great Unwashed, to be thankful for their measly handouts to purchase unavailable products at an all-time high. There is a reason people have recently nicknamed the president “bare shelves Biden,” with the hashtags #BareShelvesBiden and #EmptyShelvesJoe becoming a viral sensation.

    Although the Biden Administration met with the Ports of Long Beach and Los Angeles, which handles 40% of the nation’s goods, the promise of a 24/7 operation has not yet occurred. There is no ETA for when the ports will begin 24/7 operations either. Some ships are allegedly waiting 12 days at anchor before reaching the dock, and over 60 vessels are idled in the San Pedro Bay at the moment. With one of the nation’s busiest shopping holidays approaching (Black Friday) followed by ongoing seasonal shopping, this matter is likely to turn ugly.

  • Other voices of the same opinion

  • Relevant to LA and Long beach’s problems: “Port of Houston Awards Contract to Begin Houston Ship Channel Dredging.”
  • Did Google Break The Law?

    Sunday, October 24th, 2021

    I know that headline is more than a little ambiguous, as Google has probably broken multiple laws, if only because they’re so big and there are so many laws. But “Did Google break the law using sneaky, underhanded means to carry out anti-competitive trade practices to kill off an alternative ad allocating system called ‘header bidding’ because it threatened to damage one of its biggest revenue streams” is way too long for a blog post title.

    As a prelude, here’s a brief description of header bidding and how it differs from Google’s “Waterfall” system:

    Header bidding is an advanced programmatic advertising technique that serves as an alternative to the Google “waterfall” method. Header bidding is also sometimes referred to as advance bidding or pre-bidding, and offers publishers a way to simultaneously offer ad space out to numerous SSPs or Ad Exchanges at once.

    Normally, when a publisher is trying to sell advertising space on its site, the process for filling inventory goes something like this:

    First, your site reaches out to your ad server. In general, direct-sold inventory takes precedence over any programmatically sold options. Next, available inventory is served through the site’s ad server, such as Google DoubleClick in a waterfall sequence, meaning unsold inventory is offered first to the top-ranked ad exchange, and then whatever is still unsold is passed along to the second ad exchange, and so on. These rankings are usually determined by size, but the biggest ones aren’t necessarily the ones willing to pay the highest price. (For publishers, this means lower overall revenue if the inventory isn’t automatically going to the highest bidder.)

    To further complicate the process, sites using Google’s DFP for Publishers has a setting that enables them to outbid the highest bidder by a penny using Google Ad Exchange (AdX). And since AdX gets the last bid, they are generally in a position to win most of these auctions.

    Publishers end up feeling like they aren’t making quite as much money as they would without Google meddling in the bids.

    How Does Header Bidding Help Publishers?

    Header bidding is a way for publishers to have a simultaneous auction from all the bidders, rather than the sequential strategy that Google uses. By placing some javascript on their website, when a particular page is loaded, it reaches out to all supported SSPs or ad exchanges for bids before its ad server’s own direct-sold inventory is called. Publishers can even choose to allow the winning bid to compete with pricing from the direct sales.

    Got that? Here, as best I can understand, is a summary example:

    Say Joe Blow’s Ad Agency and Attack Lawyer Collective wants to be the top bidder for serving ads up for the keyword “mesothelioma” (which, at one time, was the priciest keyword you could buy for digital ads), and it is willing to pay, say, $100 per 1,000 impressions. Under Google’s waterfall method, they would never get to bid if Big Madison Avenue Ad Agency was in the top tier of bidders even though BMAAA only offered $50 per 1,000 impressions, because Google would sell those ad slots only to the highest bidder in the top tier, and would never get down to Joe Blow in the third tier. (This is all greatly oversimplified, and feel free to correct/amend this example in the comments.)

    Well, due to the big antitrust lawsuit filed against Google by some 38 (last time I looked) state attorney generals (including Texas), lots of dirty secrets and memos have come to light as part of discovery. Many of the most serious bits were redacted, but that was just changed by judge’s orders:

    Two corporate behemoths getting together to strike insider deals with each other that freeze out competitors is pretty much textbook anti-competitive practices 101 stuff.

    Holy shit! Google and Facebook are agreeing not to cooperate with any antitrust action by the federal government to bring action against the other. That’s not a red flag, that’s the Nostromo‘s flashing lights and screaming self-destruct klaxon in the original Alien.

    So according to these documents, Google is not only a monopoly, it is a coercive monopoly that uses illegal anti-competitive trade practices to stifle competition.

    And since the lawsuit was brought by a bipartisan coalition of state attorney generals, Google can’t just buy a few tens of millions of dollars worth of Hunter Biden painting to make the entire thing go away…