Posts Tagged ‘Lawsuit’
Friday, January 17th, 2025
The Biden economy is still sucking, the arsonist who helped set LA ablaze was (of course!) an illegal alien, a Tik-Tok triptych, Dan Patrick announces a staggering warchest, WaPo walloped, Stacey Abrams is busted, and Americans are told “no thanks” by Chinese RedNote users.
It’s the Friday LinkSwarm!
“Initial Jobless Claims Hit 3-Year High. Thanks, Joe Biden!
The bad news for American workers doesn’t end there. “1 in 5 postings on Greenhouse are ‘ghost jobs.'”
There were many reasons why they did it. Some did it for the same reason Biden’s administration did: To make their company look like it was doing better than it was. Some post them just in case there is a unicorn out there with magical qualifications.
But the most frustrating reason was the final one:
Some hiring managers even admitted they post fake jobs to keep their own employees on their toes, saying they want workers to feel ‘replaceable’ so they will work harder.
“Consumer Prices Soared Over 21% Under Biden… And Real Wages Fell.” And that’s only the official rate…
“LA County Arson Suspect is Illegal Immigrant Repeat Offender Protected By California’s Sanctuary State Policies.” Because of course he is. “The suspect, Juan Manuel Sierra-Leyva, is a Mexican national who has already been convicted of multiple crimes, but because California is a sanctuary state, he is unlikely to be deported, the New York Post reported.”
More LA fire incompetence uncovered: “Karen Bass’ Team Discovers Damning Insider Fire Docs Online, Immediately Delete Proof.”
Just days after reports that she’d planned to can her fire chief, Kristin Crowley, after she publicly criticized the level of funding she’d received from the city, Bass is facing intense criticism yet again from a memo up on a city website, which shows that just months ago, the chief practically begged city hall to stop its budget-cutting spree on fire response.
The memo, which was dated Nov. 18, was written to the fire commissioners, according to the Washington Free Beacon. That’s a five-person board appointed by Bass.
In Crowley’s memo, she urged the commissioners to let Bass and the city council know how dire the situation was.
“In many ways, the current staffing, deployment model, and size of the LAFD have not changed since the 1960s,” Crowley wrote.
A federal judge in Texas has found that American Airlines violated both federal law and their fiduciary duty to their employees by using the company’s 401(k) plan to push ESG. Let a thousand lawsuits bloom.
Nine Democrats voted against the Laken Riley Act to deport criminal illegal aliens:
- Bernie Sanders (VT, Independent)
- Elizabeth Warren (MA)
- Cory Booker (NJ)
- Andy Kim (NJ)
- Ed Markey (MA)
- Ben Ray Luján (NM)
- Tina Smith (MN)
- Mazie Hirono (HI)
- Brian Schatz (HI)
- Jeff Merkley (OR)
Texas Republican Lt. Governor Dan Patrick is loaded for bear. “Lt. Gov. Dan Patrick posted ‘over $33.5 million’ cash-on-hand for his re-election campaign in 2026.”
Ron DeSantis continues to drive the enemy before him and hear the lamentations of their women. “United Teachers of Dade, Florida’s largest teachers union, failed to meet the requirements of a new state law that requires at least 60% of union members pay dues.” (Hat tip: Stephen Green at Instapundit.)
Keir Starmer’s Labour government has been trying to give away the Chagos Islands, despite them being the home to vital U.S. military base Diego Garcia. Fortunately, someone has slammed the breaks on the deal until Trump is in office.
Big drone attack from Ukraine against Russia, with reportedly over 200 drones used.
Ukraine also hit Liski oil depot in Voronezh.
“Washington Post has lost nearly 90% of its audience since 2021.” I can’t imagine why Jeff Bezos wants changes… (Hat tip: .357 Magnum.)
“WaPo’s Pulitzer-winning cartoonist, who portrays Republicans as groomers and predators, arrested for possession of child porn. Washington Post cartoonist Darrin Bell arrested for possession of child pornography.”
But it’s not all bad news for Bezos! TDS sufferer Jennifer Rubin quit.
And Speaking of perverts: “Royal Caribbean faces lawsuit after crew member admits hiding under cabin beds to film passengers.”
Labour wants to ban #wrongthink from pubs.
Remember Stacey Abrams, the black female Georgian Beto? The mediocrity whose fawning media profiles never turned into actual election victories? Well, “Stacey Abrams Group Hit with Largest Fine in Georgia History for Violating Campaign Finance Law.”
A Democratic advocacy group founded by former Representative Stacey Abrams and once led by Senator Raphael Warnock were fined $300,000 on Wednesday for breaking Georgia’s campaign finance law.
Georgia’s ethics commission found that the New Georgia Project and its affiliated action fund raised $4.2 million and spent $3.2 million to support Abrams during the 2018 election cycle when she ran for governor. The groups failed to disclose those partisan contributions in violation of state campaign finance law. Abrams ultimately lost to Republican Brian Kemp, who defeated her again in 2022.
The two entities agreed to pay a $300,000 penalty, the largest fine in the commission’s 38-year history, in two $150,000 installments for 16 instances of illegal activity. The punishment is aimed at the groups, not Abrams and Warnock directly.
The New Georgia Project failed to register as an independent campaign committee and failed to file campaign finance reports of contributions and spending in 2018, showing their support for Abrams and other Democratic candidates.
In 2019, the groups committed the same offense without disclosing $646,000 in contributions and $174,000 in spending to support a voter referendum for Gwinnett County’s citizens to join the Metropolitan Atlanta Rapid Transit Authority system. Despite the nonprofit’s efforts, voters rejected the referendum.
Just like Beto…
You didn’t expect Ken Paxton to let Biden leave office without one last lawsuit. “Texas Sues Biden Administration Over ‘Unlawful’ Methane Tax. Along with 22 other states, Texas is seeking to bar the final rule from taking effect on January 17.”
Heh:
Also, is it just me, or has Kirsten Gillibrand aged at double the normal rate since her ill-fated 2020 presidential run?
“New Harris County District Attorney Starts Term With Suspended Law License. District Attorney Sean Teare’s law license was suspended at the time of his swearing-in.
“Dallas Ranked Best City in America for Corporate Headquarters Relocations, Austin Tied for Sixth.”
“DeSantis Announces Florida AG Ashley Moody Will Take Marco Rubio’s Senate Seat.”
Turns out Secretary of Defense Lloyd Austin didn’t bother to tell the chain of command that he was having major surgery. Or that he was hopped up on goofballs afterwards…
Supreme Court upholds Tik-Tok divestaure law. But…
Biden announces that he’s just not going to enforce the law.
Speaking of Tik-Tok: “All white people. Stop using RedNote. You bring pervert and slut behavior to RedNote. No good.”
The MSM is shocked to find that it is now less viewed and respected than honest YouTube reviewers like Critical Drinker and Asmongold.
Ryan George looks at LinkedIn lunatics.
Is SFWA a writer’s organization or a social justice organization?
Being a Ferrari owner sounds less like a hobby and more like being in a very expensive cult.
Not the Bee: “Asked what he’ll talk about at Mar-a-Lago, John Fetterman says, “I demand that I need to be made Pope of Greenland.” Fetterman seems to be the rare Democrat with a sense of humor…
“Jill Biden Prepares For Final Week As President.”
“Kamala Harris Delivers Farewell Address To A Bunch Of Beanie Babies Spread Out On Her Bed.”
“Trump Announces Plan To Annex Canada And Rename It Gay North Dakota.”
“Newsom Reassures Fire Victims He’ll Be Prepared Next Time, Now That He Knows Water Is Useful In Fighting Fires.”
“California Police Arrest Arsonist For Using Gas Blowtorch Instead Of Electric Blowtorch.”
Fist bump:
(Hat tip: Ace of Spades HQ.)
Tags:2026 Election, American Airlines, Andy Kim, arson, Ashley Moody, Asmongold, Austin, Babylon Bee, Ben Ray Lujan, Bernie Sanders, Border Controls, Brian Schatz, California, campaign finance fraud, cars, censorship, China, Cory Booker, Crime, Dallas, Dan Patrick, Darrin Bell, Democrats, Department of Defense, Diego Garcia, drones, economy, Ed Markey, Elizabeth Warren, Environmental Social Governance (ESG), environmentalism, EPA, Ferrari, fundraising, Gavin Newsom, Georgia, Greenland, Harris County, Holly Hansen, Illegal Aliens, inflation, Jeff Merkley, Jennifer Rubin, Joe Biden, John Fetterman, Juan Manuel Sierra-Leyva, Karen Bass, Keir Starmer, Ken Paxton, Kirsten Gillibrand, Labour, Laken Riley, Lawsuit, LinkedIn, LinkSwarm, Lloyd Austin, Los Angeles, Marco Rubio, Mazie Hirono, Military, pedophilia, Pete Hegseth, Raphael Warnock, RedNote, Regulation, Ron DeSantis, Royal Caribbean, Russia, Russo-Ukrainian War, Ryan George, Sean Teare, SFWA, Stacey Abrams, Suchomimus, Supreme Court, Texas, Tik-Tok, Tina Smith, UK, unemployment, Washington Post, wildfire
Posted in Austin, Communism, Crime, Democrats, Media Watch, Social Justice Warriors, Supreme Court, Texas, unions | 5 Comments »
Tuesday, December 24th, 2024
Ken Paxton is giving women in college athletics an early Christmas present this year: A lawsuit against the NCAA for allowing men to compete in women’s athletic competitions.
Attorney General Ken Paxton has sued the National Collegiate Athletic Association for allowing biological males to compete against women.
The lawsuit, announced Sunday, accuses the NCAA of “engaging in false, deceptive, and misleading practices by marketing sporting events as ‘women’s’ competitions only to then provide consumers with mixed sex competitions where biological males compete against biological females.”
Paxton argues that by allowing biological men to compete with women, the NCAA has violated the Texas Deceptive Trade Practices Act—a law that “protects consumers from businesses attempting to mislead or trick consumers into purchasing goods or services that are not as advertised.”
“The NCAA is engaging in false, deceptive, and misleading practices by advertising using logos and branding representing that the goods and services offered to consumers are for ‘women’s’ sporting events when, in fact, the sporting events are ‘mixed’ with both male and female participants,” the lawsuit reads. “The NCAA is further engaging in false, deceptive, and misleading practices by failing to disclose to consumers which participants in ‘women’s’ sporting events are women and which are men, leaving consumers who want to purchase goods and services associated with women in women’s sporting events confused and frustrated.”
As a result of the deceptive practices, Paxton is asking the court to grant a permanent injunction that will prohibit the NCAA from allowing biological males to compete in women’s sporting events held in Texas or that involve Texas teams. Alternatively, the NCAA could stop marketing its events as “women’s” if they involve mixed-sex competitions.
Paxton also said that by allowing men to compete in women’s sports, the NCAA is actively jeopardizing females’ safety.
Previous lawsuits seem to have been filed under equal protection clauses, or various Title IX passages, but the deceptive practices angle has the twin virtues of being both novel and true.
Trying to force transsexualism down America’s throats constantly polls as one of the Democratic Party’s least popular policies. People with XX chromosomes are female, and people with XY chromosomes are male. Everything else is genetic abnormality or sophistry. 2+2 does not equal 5 no matter how fervently The Party insists it must.
Hopefully Trump’s 2024 election victory will mark the end of transsexual madness, but an awful lot of social justice warriors will need to be sued before this particular reality-denying delusion is purged from our institutions.
Tags:Democrats, Ken Paxton, Lawsuit, NCAA, Social Justice Warriors, Texas, transexual
Posted in Democrats, Social Justice Warriors, Texas | 3 Comments »
Tuesday, December 3rd, 2024
Another day, another Ken Paxton lawsuit, this one against BlackRock over coal.
Texas and 10 other states have sued three of the world’s largest financial companies, alleging the trio violated antitrust laws to push coal power plants out of commission.
Attorney General Ken Paxton announced he and 10 other attorneys general sued BlackRock, Vanguard, and State Street in federal district court in Tyler, Texas.
“Each Defendant has individually acquired substantial stockholdings in every significant publicly held coal producer in the United States,” the filing asserts.
“Each has thereby acquired the power to influence the policies of these competing companies and bring about a substantial lessening of competition in the markets for coal. And each has used its power to affect a substantial reduction in competition in coal markets.”
The suit then points to the Climate Action 100+ agreement onto which all three firms signed, a 2021 pact that laid out decarbonization commitments; BlackRock and State Street announced their withdrawal from the pact earlier this year.
The lawsuit continues, “Rather than individually wield their shareholdings to reduce coal output, therefore, Defendants effectively formed a syndicate and agreed to use their collective holdings of publicly traded coal companies to induce industry-wide output reductions.”
Paxton’s position seems to be: Pressuring coal companies by yourself is fine, but get together to pressure them collectively is forming an illegal, anti-competitive cartel.
The plaintiffs are asking the court for forced divestiture of each company’s coal plant holdings and to fine the defendants $10,000 per violation under the Texas Business & Commerce code, along with miscellaneous other requests.
In total, seven counts across the various states were brought against the financial titans.
“Texas will not tolerate the illegal weaponization of the financial industry in service of a destructive, politicized ‘environmental’ agenda. BlackRock, Vanguard, and State Street formed a cartel to rig the coal market, artificially reduce the energy supply, and raise prices,” Paxton said.
“Their conspiracy has harmed American energy production and hurt consumers. This is a stunning violation of State and federal law.”
BlackRock responding that they’re as pure as the driven snow snipped.
Like many other places across the country, Texas’ main power grid — the Electric Reliability Council of Texas (ERCOT) region — has seen a reduction in its coal power fleet as aged plants retire and nothing new is built.
Coal has fallen out of fashion both politically and within the industry. Environmentalists push for wind and solar to replace it in the power portfolio, while the cheaper natural gas prices around the world have steadily forced coal generators out of commission.
ERCOT currently has 14,321 megawatts (MW) of installed coal and lignite capacity, though about half of that is usually operating at any given time; that’s down from around 20,000 MW of coal capacity in 2015.
This lawsuit is an extension of the fight over the Environmental, Social, and Governance (ESG) movement in the world of capital — a generally politically progressive phenomenon that tries to push policies like decarbonization and pro-choice views in boardrooms.
BlackRock has been involved in various nefarious ESG skullduggery, only now they’re taking much greater pains to hide it. But they still want all that sweet Texas government and business money. Having Paxton sue them will complicate that.
Paxton might have difficulty prevailing should the issue come to trial, as there’s no shortage of U.S. agency declarations of “decarbonization” as an official government goal that BlackRock can point to. But I’m pretty sure neither side wants this in court. Especially BlackRock, who is on the wrong side of anti-woke culture shift with Trump II incoming and most of the rest of the corporate world backtracking on social justice and ecomadness.
Expect them and their co-defendents settle to avoid long, nasty bouts of discovery making its way into the news.
Tags:BlackRock, coal, Energy Policy, Environmental Social Governance (ESG), environmentalism, Global Warming, Ken Paxton, Lawsuit, Social Justice Warriors, State Street, Texas, Vanguard
Posted in Global Warming, Social Justice Warriors, Texas | 3 Comments »
Monday, November 18th, 2024
Another week, another Ken Paxton lawsuit against federal overreach, this time on the cutting edge of cryptocurrency regulation.
A group of states is suing the Security Exchanges Commission (SEC), claiming the commission is overstepping its authority in regulating digital assets like cryptocurrencies — arguing that the SEC’s actions stifle state-level innovation and impose federal control without congressional approval.
Eighteen state attorneys general have joined the lawsuit, one of which is Texas Attorney General Ken Paxton, in addition to DeFi Education Fund, a nonpartisan research and advocacy group.
Along with naming the SEC directly in the complaint, it also lists SEC Chair Gary Gensler, among other officials.
If Gensler’s name rings a vague bell, it may be because he was the chief financial officer for Hillary Clinton’s ill-fated presidential run.
The states want the court to stop the SEC from enforcing regulations and allow them to manage digital assets with their own laws.
“The SEC’s sweeping assertion of regulatory jurisdiction is untenable,” the suit states. “The digital assets implicated here are just that — assets, not investment contracts covered by federal securities laws.”
“They do not entail any traditional investment relationship, in which the investor invests capital and the promoter assumes an ongoing obligation to use that capital in a common enterprise to generate returns that the investor will share.”
The lawsuit goes on to explain that the laws defining what counts as an “investment contract” were written in a clear way, and past U.S. Supreme Court decisions support this definition. Because of this, the complaint asserts, the SEC does not have broad authority to regulate all digital asset transactions as if they were securities. The argument is that the SEC is overreaching beyond what these laws and past rulings allow.
The complaint, filed in Kentucky district court, is asking the court to declare that digital asset transactions are not considered securities if they don’t involve a promise to manage assets for profit. They also want the court to stop the SEC from forcing digital asset platforms to register as securities-related businesses if they don’t meet those conditions. Additionally, the states claim the SEC broke rules by not following proper procedures.
Snip.
While on the campaign trail, President-elect Donald Trump vowed to protect the blockchain industry, making a bevy of promises to crypto enthusiasts.
Trump took the stage at the Libertarian National Convention back in May, where he promised to stop “Joe Biden’s crusade to crush crypto.” In July he said he would “fire Gary Gensler” on day one of his new administration.
“No longer will your government sit by and watch as Bitcoin jobs and businesses flee to other countries, because America’s laws are too unclear and too tough and too angry and too stiff,” Trump said while delivering the keynote address at a Bitcoin conference. “We will keep each and every Bitcoin job in the United States of America, that’s what we’re going to be doing.”
Texas has become a major center of the crypto and Bitcoin industry in America. Sen. Ted Cruz (R-TX) is a vocal advocate for the emerging finance sector, and Gov. Greg Abbott signaled he will continue to be friendly to the crypto community, describing himself as a “crypto law proposal supporter.”
There’s a long-running debate about just what the hell cryptocurrencies are under federal law. Unlike other securities (say, a stock or bond), a unit of cryptocurrency is not a token that represents a tangible legal entity in the real world. It’s not a currency as traditionally understood, as it is not backed by specie or the power and authority of a government. It’s not a commodity, because what commodity can be moved across the world at the speed of light?
If it doesn’t actually fit the profile of anything that legislation has specified that the government regulates, then maybe, as Paxton et al assert, then the federal government shouldn’t regulate it. That would seem to be the proper constitutional interpretation under the Tenth Amendment.
While I’m still skeptical of the long-term usefulness of cryptocurrency (though with Bitcoin hovering around $90,000, I sure wish I had mined some back when it was easier to do), the Trump Administration is filled with very smart people who believe in Bitcoin and other cryptocurrencies. History teaches us that it’s best to let new technologies shake out without government interference, so let’s hope Paxton and company’s lawsuit succeeds.
Tags:Bitcoin, DeFi Education Fund, Elon Musk, Gary Gensler, Greg Abbott, Hillary Clinton, Ken Paxton, Lawsuit, Regulation, Republicans, SEC, Ted Cruz, Tenth Amendment, Texas
Posted in Regulation, Republicans, Texas | 13 Comments »
Wednesday, November 13th, 2024
All of Ken Paxton’s lawsuits against the federal government have offered the possibility of notable revelations, but this one has the potential to be extra spicy.
Texas sued the U.S. Department of Justice (DOJ) on Monday attempting to preserve all records pertaining to Special Counsel Jack Smith’s investigation into President-elect Donald Trump.
Texas Attorney General Ken Paxton filed a Freedom of Information Act (FOIA) complaint on November 8 requesting specific records from Smith’s investigation, including “all Communications from any current or former member of the Office of Special Counsel Jack Smith to any New York State governmental office since November 18, 2022,” as well as “documents memorializing the … final reasoning to request that a trial against President-elect Trump to start in January of 2024.”
Texas expressed concerns in court documents that the DOJ’s history with special counsels is “regrettably riddled with attempts to avoid transparency,” specifically referencing Special Counsel Robert Mueller’s infamous Crossfire Hurricane incident in 2020. Mueller’s team allegedly repeatedly wiped their phones after an investigation into the DOJ’s handling of a Federal Bureau of Investigation (FBI) probe into Trump’s purportedly unlawful links to Russia.
The suit filed on November 11 states that Paxton “fears that many releasable records — including those that he sought — will never see daylight. That is not because the DOJ has any legal reason to withhold them…”
“Rather, Attorney General Paxton has a well-founded belief as set forth herein that Defendants will simply destroy the records.”
Paxton states in the filing that since Trump won the election “it is clear that both Jack Smith’s office, and his prosecution of the President, will soon end.” The DOJ’s own policies do not permit bringing charges against a sitting President of the United States as it “would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.”
“I will not allow the corrupt weaponization of the United States government to be swept under the rug as Jack Smith and others who unjustly targeted President Trump attempt to avoid accountability,” Paxton said in a press release.
Texas’ suit was filed in the United States District Court Northern District of Texas, Amarillo Division.
Obviously I hope Paxton prevails and that Smith (and the entire Biden Administration)’s attempts to illegally wage lawfare against Trump to thwart the will of American voters gets exposed. However (and here we insert the usual I Am Not A Lawyer caveat), it appears that Paxton will have difficulty in establishing standing for the lawsuit to proceed. Trump is not a resident of Texas, and it may be difficult to establish that the State of Texas has suffered direct harm from Smith’s actions.
However, in this case I’m wondering if Paxton has filed the case on a timeline that either the Biden Administration doesn’t respond in time, or that the second Trump Administration can file the response, proving a mechanism by which the Trump Administration settles the lawsuit by releasing all requested documents that may otherwise be held up by claims of executive privilege, garden variety DOJ stonewalling, etc.
It’s an interesting gambit. We’ll see how it plays out…
Tags:2024 Presidential Race, Democrats, Donald Trump, Elections, Jack Smith, Ken Paxton, Lawsuit, Mary Elise Cosgray, Texas, The Texan News
Posted in Democrats, Elections, Republicans, Texas | 12 Comments »
Saturday, October 5th, 2024
Texas Attorney General Ken Paxton doesn’t just sue the Biden Administration, he sues anyone breaking Texas law. and this time he’s suing Chinese-owned Tik-Tok.
Big tech companies, and TikTok especially, have continued to draw the attention of Texas Attorney General Ken Paxton, who has now sued the social media giant alleging it violated aspects of a newly enacted Texas online safety law.
“Big Tech companies are on notice that I will hold them accountable for exploiting Texas children and failing to prioritize minors’ online safety and privacy,” Paxton wrote on social media.
The Securing Children Online through Parental Empowerment (SCOPE) Act is at the center of Paxton’s allegations. “In contravention of the SCOPE Act, Defendants have failed, and continue to fail, to create and provide parents and guardians with the tools legally required to protect minors’ privacy and safety,” the lawsuit states.
An overview of the SCOPE Act can be found here, and the full text of the act can be found here.
The SCOPE Act, also known as House Bill 18, was passed during the 88th Legislative Session. The law aims to prevent digital service providers (DSPs) from entering into agreements with minors without parental or guardian consent. It also mandates that DSPs include options in these agreements for parents or guardians to permanently enable specific settings.
It goes on to allege that TikTok has “failed to develop a commercially reasonable method for a known minor’s parent or guardian to verify their identity and relationship to a known minor.”
Last month, the SCOPE Act went into effect, but only partially.
Judge Robert Pitman for the Western District Court of Texas in Austin determined that the “monitoring-and-filter requirements” of the SCOPE Act, which would require DSPs to monitor certain categories of content and filter them from being on display for known minors,” posed a threat to “content based” online speech.
In his opinion, Pittman questioned the “overbroad terminology” employed by the SCOPE Act.
“For example, what does it mean for content to ‘promote’ ‘grooming?’ The law is not clear.”
“Grooming” is listed alongside other explicit topics like suicide and substance abuse that the SCOPE Act would have required DSPs to monitor and filter out for minors.
Tech industry groups NetChoice and the Computer and Communications Industry Association filed the lawsuit to block the law, and the Foundation for Individual Rights and Expression (FIRE) sued Paxton in an effort to prevent the SCOPE Act from going into effect.
“Texas law requires social media companies to take steps to protect kids online and requires them to provide parents with tools to do the same,” wrote Paxton about his most recent lawsuit. “TikTok and other social media companies cannot ignore their duties under Texas law.”
The lawsuit, filed in a Galveston County District Court, is seeking civil penalties of up to $10,000 per violation and injunctive relief to prevent future violations of the SCOPE Act by TikTok.
TikTok has come under increased scrutiny in recent months.
President Joe Biden signed a bill into law that included a requirement for the Chinese corporation ByteDance to divest from the social media platform.
Last year, back when I wad employed, I had a cleaning lady come in to do my house before a small 4th of July gathering. She brought her daughter, who watched Tik-Tok videos while her mother cleaned. And by “watched,” I mean she would look at the first second or two of a video and then instantly scroll on to the next. I fear we’re raising generations with the attention span of a gnat.
We’ve previously covered that Tik-Tok is nasty Chinese spyware, but the issue of parental controls is not one easily solved, nor is the issue of balancing constitutional rights with the traditional doctrine of in loco parentis any less difficult. Indeed, there are multiple constitutional issues involved:
Just what “constitutional rights” does a corporation owned in part by the Chinese Communist Party enjoy? Corporate personhood is a legal fiction designed to allow corporate entities to enter into legal contracts an obtain standing as separate entities in the judicial system. The rights of foreign corporations to access American markets is usually defined by bilateral or multilateral treaties, yet we know Communist China ignores such treaties at will when it suits them. Why should Tik-Tok enjoy First Amendment protections when American corporations enjoy no such rights in China?
Can a state have the standing to regulate a company that doesn’t have any physical presence in that state? Can California sue Gunbroker for not banning AR pattern rifles entirely?
There seems to be a legal assumption that states have some standing in these matters, as Pornhub IP range-blocked Texas rather than test the constitutionality of parental control requirements in court.
It would be better if parents instituted their own controls and/or refrained from handing their spawn smartphones with mind-destroying Chinese spyware installed, but that doesn’t seem to be the world we live in.
Needless to say, if you have Tik-Tok on your phone, you should delete that right now…
Tags:China, Communism, FIRE, Internet, Ken Paxton, Lawsuit, Media Watch, Robert Pitman, Securing Children Online through Parental Empowerment (SCOPE) Act, Texas, Tik-Tok
Posted in Media Watch, Texas | 5 Comments »
Saturday, September 28th, 2024
If you’ve been reading this blog any length of time, you know that Texas Attorney General Ken Paxton has been suing the Biden Administration for both dereliction of federal duties and regulatory overreach. The latter has included several lawsuits against the Biden Administration over their attempts to impose a radical transexual agenda via judicial fiat, and on this front Paxton has just filed another one, this time over the Americans With Disabilities Act.
Texas and 16 other states sued the Biden administration, accusing it of attempting to unlawfully rewrite a federal disability law to include “gender dysphoria” in a newly approved rule.
The lawsuit was filed on September 26 against the U.S. Department of Health and Human Services (HHS) under the charge that its rule “upends decades of established federal disability law” by redefining “gender dysphoria” as a disability under the Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.
Section 504 of the Rehabilitation Act and the ADA were signed into law in 1977. Section 504 states, “No otherwise qualified individual with a disability in the United States … shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under … any program or activity conducted by any Executive agency…”
According to the lawsuit, Section 504 “prohibits ‘any program or activity’ that receives federal financial assistance from discriminating against a qualified individual with a disability.”
The ADA defines a disability as “a physical or mental impairment that constitutes or results in a substantial impediment to employment.”
The HHS issued a rule in May titled “Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” which included a change to Section 504 that states gender dysphoria “may be a disability.”
It determined that any “restrictions that prevent, limit, or interfere with otherwise qualified individuals’ access to care due to their gender dysphoria, gender dysphoria diagnosis, or perception of gender dysphoria, may violate section 504.”
However, Attorney General Ken Paxton’s lawsuit asserts that when Congress enacted Section 504 and the ADA in the 70s, “it established as a matter of law that ‘transvestism, transsexualism . . . [and] gender identity disorders not resulting from physical impairments, or other sexual behavior disorders,’ are not protected disabilities.”
The lawsuit additionally seeks to have a 2002 amendment to Section 504, “Nondiscrimination Under Federal Grants and Programs,” declared unconstitutional, claiming it “applies with extreme breadth” to any “program or activity receiving Federal financial assistance,” meaning all recipients of Federal funds are subject to compliance to the Rehabilitation Act.
The court documents allege that the HHS rule “exposes” the 17 states and their agencies to “loss of federal funding.”
“The Biden Administration is once again abusing executive action to sidestep federal law and force unscientific, unfounded gender ideology onto the public,” Paxton said in a press release.
Funny how a man pretending to be a woman is simultaneously both a powerful personal statement of individuality that requires large companies to demand people use officially sanctioned pronouns and a mental illness that requires the federal government to invoke the ADA to remove federal funds unless targeted political enemies bow down to radical transsexual social justice. The answer appears to change depending on whichever is most useful for radical leftwing Democrats to force ordinary Americans to bend to their will.
Paxton has won several previous lawsuits on the issue, and I expect him to win this one as well.
Tags:Americans With Disabilities Act (ADA), Democrats, Ken Paxton, Lawsuit, Regulation, Republicans, Social Justice Warriors, Texas, transexual
Posted in Democrats, Regulation, Republicans, Social Justice Warriors, Texas | 1 Comment »
Tuesday, September 3rd, 2024
Texas Attorney General has won yet another victory against the Biden Administration’s social justice regulatory overreach, this one against transsexual health care mandates.
The State of Texas and Attorney General Ken Paxton have been granted a nationwide stay against the Biden administration’s new rule that would defund federally-funded healthcare providers found to be refusing patients “gender transition” procedures.
The Biden administration announced a rule change last April under the Affordable Care Act (ACA), described as seeking to hold the U.S. Department of Health and Human Services’ (HHS) “health programs and activities to the same nondiscrimination standards as recipients of Federal financial assistance.”
On August 30, U.S. District Judge Jeremy D. Kernodle ruled in favor of Texas and Montana, ordering that the modification of the Affordable Care Act at issue is precluded from implementation across the nation.
“Here, federal agencies are attempting to impose a sweeping new social policy by manipulating and perverting the statutory text that constrains them,” Kernodle wrote in his opinion.
“Nothing in these statutes authorizes HHS — or any federal official — to require healthcare providers to perform novel “gender-transition” procedures or force States to subsidize them.Texas and Montana seek a stay or preliminary injunction to prevent the irreparable harm that will undoubtedly follow. The Court grants the States’ request.”
Snip.
Texas and Montana sued HHS Secretary Xavier Becerra in June for allegedly requiring “healthcare providers and States to perform and pay for so-called ‘gender-transition’ procedures — or else lose federal funding.”
The filing asserted that the new rule would “defund healthcare providers across the country who refuse to perform or pay for experimental, unproven, and potentially dangerous ‘gender transition’ procedures.”
Montana and Texas were then both granted a statewide stay the following month, banning the application of the new HHS rule.
The victorious states then requested a nationwide stay in order to extend the relief granted by the court against the HHS rule across the country.
Paxton reacted to the stay, saying in a release, “When Biden and Harris sidestep the Constitution to force their unlawful, extremist agenda on the American public, we are fighting back and stopping them.”
“By blocking this destructive policy, which would have forced taxpayer-funded hospitals to conduct unproven and dangerous ‘gender transition’ procedures, Texas has delivered a major victory for Americans across the country.”
For anyone that thought the Democratic Party’s creepy love of child transsexism was a passing fade, the Biden Administration’s institutional determination to mandate child mutilation services into law should belay that naive hope. It also indicates that the evil ObamaCare has wrought on America’s health care is far from over. Fortunately, the vast majority of ordinary Americans have not fallen prey to this madness, and Paxton et al. have put a stop to this particular transsexual madness for now.
Also, any appeal will be heard in the Fifth Circuit Court, which has previously frowned on the Biden Administration’s previous attempts to mandate transsexism by judicial fiat.
Tags:5th Circuit Court of Appeals, child mutilation, Democrats, Department of Health and Human Services, Jeremy D. Kernodle, Ken Paxton, Lawsuit, Montana, ObamaCare, Regulation, Social Justice Warriors, Texas, transexual, Xavier Becerra
Posted in Democrats, ObamaCare, Regulation, Social Justice Warriors, Texas | 1 Comment »
Thursday, August 29th, 2024
We had previously covered the various failures of Austin’s toy train Project Connect light rail project to achieve its stated goals. Now a lawsuit has been filed to put the light rail tax out of our misery.
A new class action lawsuit filed in Travis County 126th District Court claims that the City of Austin is collecting annual property tax illegally to fund Project Connect since the project is not following through on delivering the public transit development that voters agreed to in 2020.
As KVUE reported, voter-approved Project Connect has faced legal action in the past from taxpayers and is now facing another lawsuit brought by the same group of plaintiffs who want to prevent the city from continuing to collect millions of dollars in property taxes to fund the now reduced Project Connect plan.
The plaintiff’s lead counsel, Bill Aleshire, said, “They’re pursuing what I call a ‘miniature’ Project Connect that’s not city wide.”
Aleshire explained that Project Connect “started as a $7 billion plan that included 30 miles of rail, a route to the airport and downtown, now has a more than an $11 billion price tag and half the routes.”
He also argued that the city “miscalculated” its 2024 tax rate and that the funds already collected are not being spent on the transit project.
“Not including this year’s $187 million, Austin’s Project Connect tax levy has been for over $630 million. But there is $476 million on hand, unspent, uncommitted,” Aleshire said.
Project Connect managers, the Austin Transit Partnership, described the lawsuit as “baseless” and stated the funds collected would be utilized in the future, according to KVUE.
Lead plaintiff Cathy Cocco referred to the transit project as “an unaffordable, outdated, yesterday idea not suited for the 21st century city that needs to be efficient, agile, affordable, and more equitable for all Austin residents.”
While Project Connect had the potential to benefit the Austin community, Cocco sees the plan as a “bait and switch scheme.”
The group wants city leaders to stop the tax, revisit the project, and ask Austinites to vote on it again.
Note that previous Project Connect lawsuits remain unresolved.
At this point it’s obvious that Austin voters were sold a bill of goods. They’ve coughed up a lot of taxes and gotten an underutilized toy train that doesn’t meet the promises made in the bond language. The entire project should be scrapped and money returned to taxpayers. Of course, that would mean Austin’s ruling political establishment would have to admit they were wrong and give up control of a big bucket of money, so we know that’s not happening without a fight…
Tags:Austin, Bill Aleshire, Cathy Cocco, Democrats, Lawsuit, light rail, Texas, trains
Posted in Austin, Democrats, Texas | 5 Comments »
Monday, August 26th, 2024
Another week, another lawsuit filed by Texas Attorney General Ken Paxton against the Biden Administration over breaking immigration law to benefit illegal aliens.
Texas Attorney General Ken Paxton has sued the Biden administration over a policy he alleges would allow illegal immigrants to “Parole in Place” (PIP) and receive therwise unpermitted benefits.
The lawsuit alleges that the Biden administration is violating the U.S. Constitution in a new agency rule, established on August 19. That rule establishes a process for “certain noncitizen spouses and noncitizen stepchildren of U.S. citizens” to get around federal prohibitions against certain immigration benefits being obtained until after leaving the country and returning in a legal manner, according to the Department of Homeland Security’s (DHS) press release.
“These provisions of law established by Congress serve as powerful disincentives for individuals to cross the border unlawfully. Indeed, were they not present, there would be no practical reason for any alien to abide by the law, wait his or her turn, and only come to the United States when the law provides,” the filing argues.
“DHS has announced the creation of a program that effectively provides a new pathway to a green card and eventual citizenship.”
In the lawsuit, Paxton requested the court grant injunctive relief to ban the DHS from implementing the new PIP rule while the policy is on trial.
“Under Joe Biden and Kamala Harris, the federal government is actively working to turn the United States into a nation without borders and a country without laws. I will not let this happen,” Paxton said in a press release.
“Biden’s new parole workaround unilaterally grants the opportunity for citizenship to unvetted aliens whose first act on American soil was to break our laws.”
The lawsuit is a coalition of sixteen states — Texas, Idaho, Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Wyoming — along with conservative legal organization America First Legal (AFL).
It was filed against Homeland Security Secretary Alejandro Mayorkas, Citizenship and Immigration Services Director Ur Jaddou, Customs and Border Protection Acting Commissioner Troy Miller, Immigration and Customs Enforcement Acting Director Patrick J. Lechleiter, and Office of Management and Budget Director Shalanda Young.
Stephen Miller, president of AFL, said, “Today, we are proud to represent a coalition of 16 states in filing a lawsuit to block an unconstitutional Biden-Harris amnesty program. This executive amnesty gives over one million illegals legal status, work permits, and a path to voting citizenship.”
“It is brazenly unlawful, a deadly accelerant to the ruinous border invasion, and we will use every lawful tool to stop it.”
Texas and its co-litigant states have racked up a pretty good record against the Biden Administration as of late, winning cases over border wall construction, the unilateral transexual rewrite of Title IX, and even vaccine mandates for the National Guard. Expect Paxton and his state coalition to win this case, too, but the real remedy for the Biden Administration’s willful defiance of border security laws will have to come from American citizens voting in November.
Tags:Alejandro Mayorkas, America First Legal (AFL), Border Controls, Democrats, DHS, Illegal Aliens, Ken Paxton, Lawsuit, Mary Elise Cosgray, Patrick J. Lechleiter, Shalanda Young, Social Justice Warriors, Texas, Troy Miller, Ur Jaddou
Posted in Border Control, Democrats, Texas | No Comments »
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