The Biden administration and the U.S. Department of Education (DOE) issued a new Title IX rule that includes changes to how federal civil rights law protects “discrimination based on sex stereotypes, sexual orientation, gender identity, and sex characteristics.”
A key provision in the rule change now “Recognizes that preventing a person from participating in a recipient’s education program or activity consistent with their gender identity subjects that person to more than de minimis harm.”
The Human Rights Campaign said the new rule will “protect LGBTQ+ students” in addition to reversing “Trump-era changes to Title IX that limited federal funded educational institutions’ obligation to address sexual harassment and assault and clarifies protections for pregnant and parenting students.”
“For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation’s schools free from sex discrimination,” said U.S. Secretary of Education Miguel Cardona. “These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights.”
Title IX is a federal program that instructs educational institutions that receive federal funds from the DOE to carry out their educational programs “in a nondiscriminatory manner free of discrimination based on sex, including sexual orientation and gender identity.” Included in the issue areas of Title IX are athletics, financial assistance programs, admissions, recruitment, and sex-based harassment investigations.
The actual text of Title IX as passed in 1972 said nothing about “sexual orientation or gender identity,” rather stating “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Not “orientation,” not “gender identity,” sex. As in the biological kind, where those with XX chromosomes are female and those with XY chromosomes are male.
Gov. Greg Abbott issued a letter Monday to President Biden, saying, “Texas will not adhere to the new rules.”
“I am instructing the Texas Education Agency to ignore your illegal dictate.”
Following the Title IX rule changes, Rep. Briscoe Cain (R-Deer Park) penned a letter to Texas Education Agency Commissioner Mike Morath.
“As Commissioner of the Texas Education Agency, I am calling on you to promptly direct all superintendents in Texas to ignore the proposed changes to Title IX,” wrote Cain.
“Additionally, I am calling on all Texas superintendents to publicly commit to disregarding this directive from the Biden Administration.”
The Texas Freedom Caucus followed with its own letter to Morath expressing similar concerns, stating they “urge” him to “instruct all Texas superintendents to disregard these proposed alterations.”
Other state governors and education chiefs in Florida, Louisiana, Montana, and South Carolina have issued similar disregard directives.
Florida rejects Joe Biden’s attempts to rewrite Title IX. We will not comply. And we will fight back. We are not going to let Joe Biden try to inject men into women’s activities. We are not going to let Joe Biden undermine the rights of parents. And we are not going to let Joe Biden abuse his constitutional authority to try to impose these policies on us here in Florida…
Attorney General Ken Paxton has also sued the Biden administration and the DOE over the Title IX rule change.
“Texas will not allow Joe Biden to rewrite Title IX at whim, destroying legal protections for women in furtherance of his radical obsession with gender ideology,” wrote Paxton in a press release.
“This attempt to subvert federal law is plainly illegal, undemocratic, and divorced from reality. Texas will always take the lead to oppose Biden’s extremist, destructive policies that put women at risk.”
The complaint argues the DOE “has attempted to effect radical social change in our Nation’s schools” and that the new Title IX rule “walks back many of the constitutional safeguards issued by the Trump Administration to ensure that students accused of harassment have access to a fair hearing.”
Snip.
“This rule violates existing federal law, ignores the Constitution, and denies women the protections that Title IX was intended to afford them,” AFL stated in a press release. “The Biden Administration has exceeded its authority and radically distorted the meaning intended by Congress when the law was made.
The radical transexism the Biden Administration is trying to shove down America’s throats may be popular with the hard left social justice warriors who now man the levers of the Democratic Party’s political machinery, but it’s deeply unpopular with ordinary Americans of both sexes and all races, creeds, and colors. It’s an alien, anti-reality ideology being imposed from without with no basis in any law passed by congress, and resistance to its irrational dictates is both widely popular and a constitutional necessity.
After the U.S. Department of Justice (DOJ) promulgated a rule to regulate home-built firearm kits, or what the Biden administration calls “ghost guns,” two Texas residents filed a lawsuit challenging the legality of the rule that will now be heard by the Supreme Court of the United States (SCOTUS).
The Biden Administration and other gun-grabbing Democrats call them “ghost guns” because they are literally, by law, not guns. They’re unfinished 80% receiver kits, or build kids that you must finish at home on a milling machine, 3D printer, etc. American citizens building their own guns without the approval of the federal government (which has only occurred since, oh, about 1873) promises to thwart their plans of complete civilian disarmament, hence “ghost gun” regulations.
Represented by the Firearms Policy Coalition (FPC), the lawsuit from plaintiffs Jennifer VanDerStok and Michael Andren contends the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) exceeded the boundaries of federal law by implementing the new rules, which treat unfinished firearm kits as finished firearms and requires all firearms to possess a serial number.
The DOJ argued it simply wants to make sure the unfinished parts kits are treated like any other firearm and says implementation of the rule will not prevent anyone who is lawfully allowed to possess a gun from obtaining one. Those wanting to buy one would need to undergo the regular process to purchase any firearm, which includes a background check.
The plaintiffs disagree, writing in their SCOTUS brief that they believe the federal government’s goal in implementing the rule isn’t to simply regulate the firearm kit industry, but to get rid of it.
“The expected result of ATF’s Rule was not simply to regulate this industry but to destroy it,” the FPC wrote, pointing to a communication from the ATF to the FBI regarding the rule’s effect.
“The ATF informed the FBI that the Rule should not be expected to significantly impact the background check system because “many parts kit manufacturers and dealers will go out of business,” the brief continued.
Both a federal judge in North Texas and subsequently the U.S. 5th Circuit Court of Appeals sided with the plaintiffs in challenging the rule, prompting the DOJ to file an appeal with SCOTUS.
On Monday, SCOTUS granted a review of the case for its fall term, setting up a final legal showdown between the gun rights groups and the federal government on the issue.
In previous Supreme Court cases on the legality of various firearms sale and registration acts, the Commerce Clause of the United States Constitution has typically done a lot of heavy lifting. However, someone producing a gun in their own workshop for personal use and not to sell in another state, would not seem to fall under the purvey of federal regulation were it not for the radical expansion of federal power to stick it’s nose into every possible affair of private citizens afford by such post-New Deal decisions as Wickard vs. Filburn.
Maybe the Supreme Court will finally use this opportunity to reign in the federal government’s unlegislated regulatory powers based on vague, unenumerated Commerce Clause rationales.
Numerous commentators—especially those defending President Biden’s economic record—have puzzled over why Americans are sour about the state of the U.S. economy. Unemployment rates have returned to pre-pandemic lows, commentators correctly point out, and the official rate of inflation is declining. So why are Americans ignoring the view of many experts that the economy is doing well?
According to a striking new paper by a group of economists from Harvard and the International Monetary Fund, headlined by former Treasury Secretary Larry Summers, the answer is that Americans have figured out something that the experts have ignored: that rising interest rates are as much a part of inflation as the rising price of ordinary goods. “Concerns over borrowing costs, which have historically tracked the cost of money, are at their highest levels” since the early 1980s, they write. “Alternative measures of inflation that include borrowing costs” account for most of the gap between the experts’ rosy pictures and Americans’ skeptical assessment.
“Backlash Is Real‘: DEI Exodus Gains Steam Across Corporate America.”
The unraveling of “diversity, equity, and inclusion” initiatives was seen on the state level, as Red states rushed to ban DEI programs in 2023. Google, Facebook, and other tech companies slashed DEI staff by late last year. Early this year, universities began rolling back diversity programs, while Harvard President Claudine Gay was demoted.
DEI was doomed to fail, and corporations have been quickly scrambling to abandon mindless and profitless diversity programs with Marxist roots. The latest earnings call data shows that “DEI” mentions have collapsed from their peak in 2021, according to Axios, citing data from AlphaSense.
In January, Johnny Taylor, president of the Society for Human Resource Management, told Axios that corporate executives are fed up with DEI.
“The backlash is real. And I mean, in ways that I’ve actually never seen it before,” Taylor said, adding, “CEOs are literally putting the brakes on this DE&I work that was running strong” since George Floyd’s murder in early 2020.
Kevin Clayton, senior vice president and head of social impact and equity for the Cleveland Cavaliers, said the chief diversity officer role was all the rage across corporate America after Floyd’s murder. He said companies filled these positions “out of gilt,” and hiring wasn’t the best.
Axios noted, “Some businesses are cutting back funding, trimming DEI staff — and even considering pulling back on things like employee resource groups comprised of workers of various races, ethnicities or interests.”
The pushback on DEI is finding momentum across corporations and universities. Subha Barry, former head of diversity at Merrill Lynch, told Bloomberg last month: “We’re past the peak.”
Let’s hope so.
No one at the wheel: “Biden Reportedly Has No Idea He Issued ‘Trans Day Of Visibility’ Proclamation.”
Gen Z hates the lousy Biden economy and favors Trump over Biden. Though a word to those Gen Z sorts who complain about a 9-5 schedule being “unnatural”: A “natural” schedule is performing backbreaking hunter/gatherer or subsistence agriculture work from dawn to dusk 6-7 days a week and dropping dead before you turn 40…
Ukrainian drones hit a Russia drone production facility at Yelabuga, Tatarstan, which is almost 1,000 miles inside Russia, using a drone that looks a whole lot like a light aircraft.
Ukraine hits another Russian airbase with over 40 drones, and presumably took out even more Su-34s.
Whoops, make that three Russian airbases hit. including reports of three Tupolev Tu-95 “Bear” bombers damaged. (Yes, Russia still has a propeller-driven bomber in service. It can carry nuclear weapons and launch cruise missiles.)
Gun crimes evidently mean being released without bail if the perp is an illegal alien.
“Cost estimates more than double to replace failing Austin arts center building.” Note the “Extended community engagement: $1 million” which is code for “Payoffs to leftwing activists.” (Hat tip: Dwight.)
“Paxton Seeks to Investigate Boeing Parts Supplier, DEI Initiatives. Attorney General Ken Paxton is seeking to investigate Spirit AeroSystsems after public outrage involving Boeing’s aircraft manufacturing issues.”
Boeing stated in 2022 that “for the first time in our company’s history, we tied incentive compensation to inclusion.”
Boeing’s 2023 Global Equity, Diversity, and Inclusion report explains that “diversity must be at the table for every important decision our company makes – every challenge we face, every innovation we design. Equity, diversity and inclusion are core values because they make Boeing — and each of us individually — better.”
According to the report, racial and ethnic minorities now hold 41.4 percent of jobs in the U.S. Boeing Commercial Airplanes Unit, and 28.3 percent in the U.S. Boeing Defense, Space, and Security. In 2022, U.S. racial and ethnic minorities made up 47.5 percent of new hires at Boeing.
You know what I want at the table for every important Boeing decision? Planes not falling out of the sky.
Intel lost $7 billion last year. Intel has a technology roadmap to get its process tech back on track, but failure to execute on previous nodes is what got them into this mess.
In addition to having fingers in the pie in Syria and Yemen in addition to their proxy war with Israel, Iran also has to deal with Sunni Baluch separatist organization Jaish al-Adl (“Army of Justice”) on their own territory, where they killed at least 11 Iranian security force members.
“Belew, Vai, Levin and Carey Play 80’s King Crimson.” Sign me up. Edited to Add: Crap, tickets went on sale for the Austin show in September TODAY. I was just barely able to snag two tickets in nosebleed…
The radical left-wing anti-farm green agenda isn’t just trying to destroy agriculture in foreign locales like The Netherlands, it’s also happening in Oregon.
“The state of Oregon has effectively shut down small farms and market gardens on a large scale, and they’re actually sending out cease and desist letters to farms.” (By “market gardens” he means small farms that only supply produce locally.)
“They’re using satellite technology to find their victims and then send them these letters, and say you can’t operate, and they’re doing it in the name of water conservation.”
“Oregon’s government and dairy industry [have joined] forces against small farmers.”
“There are two different laws that they’re using.”
“They’ve redefined what a CAFO is.” CAFO stands for “Concentrated Animal Feeding Operation.” According to Wikipedia, the source of all vaguely accurate knowledge, a CAFO is where “over 1,000 animal units are confined for over 45 days a year. An animal unit is the equivalent of 1,000 pounds of “live” animal weight.[1] A thousand animal units equates to 700 dairy cows, 1,000 meat cows, 2,500 pigs weighing more than 55 pounds (25 kg), 10,000 pigs weighing under 55 pounds, 10,000 sheep, 55,000 turkeys, 125,000 chickens, or 82,000 egg laying hens or pullets.”
Oregon seems to have redefined that. “This applies to people who have chicken houses, who have goat farms, basically anybody who has a barn or a facility that has a gravel or concrete floor.”
“What’s happening in Oregon, and why the small dairies have filed a lawsuit against the state…it doesn’t matter the size of the operation, you could have two milking cows.”
“Sarah King, who owns Godspeed Hollow Farm in Newberg, Oregon, has a pickup station that’s just 100 ft in length. She has an 11 acre property, and keeps things pretty simple. She has three milking cows. [Because] she has that milking stand, the state of Oregon said you are a CAFO, and because you are considered a CAFO, they require you to put in this infrastructure improvement which would cost her $100,000,”
“We’re requiring this massive infrastructure upgrade for you to continue to operate your facilities to protect our ground water from your two cows standing on a milking stand.”
Even if you have a gravel floor in a chicken coop, Oregon wants to come after you. “They have redefined CAFOs. This is going to impact nearly everybody.”
“This law is being enforced in the state of Oregon. It has already shut down some farms.”
There is an injunction on the definition of the law until it can be heard in court.
“You would think that they were going after raw milk, that always seems to be the case with a lot of these things, but this is actually going after anybody. Egg producers, anybody who has chickens that go up in a chicken house at night that may have a concrete floor.”
You have to go through a permitting process, and a lot of what they’re requiring is just simply too much for the small farmer. So that’s rule number one.”
“The second rule: In the state of Oregon, if you are using water, even groundwater, the only water that you can legally harvest and use without a permit is actually rainwater. They consider all water in the ground a resource of the public. Even if you have a private well on your property, that belongs to the people of Oregon.”
“This is a rule that went into place back in 2021, and then it has slowly rolled out to the point where market gardeners with a half acre of land are now receiving cease and desist orders saying you can’t water your gardens. Figure out another way to do it.”
The law says you can use up to 5,000 gallons a day, but market gardeners are proably only using 1,000 gallons a day. “You would think that they’re saying you’re a commercial business, because if you are growing food for yourself [But] There’s a lady has been growing food and selling it to neighbors. It’s been her primary income source and they shut her down.”
“Christina Del Campo um has just over a half acre. She grows blueberries, local vegetables, things like that. Her farm is called Oak Song Farm near Eugene. She’s operated there for 7 years and she recently received received a letter from the regional office of the Oregon Water Resources Department. It was a notification that the farm couldn’t irrigate its commercial crops without a water right.”
“They shut her down because, according to the Oregon Water Resources Department, the exemption for commercial use does not include irrigation of land.”
“Basically, the state of Oregon is coming in now and they’re they’re putting things on people’s wells to measure the amount of water. It’s very invasive.”
“Supposedly Oregon had these rules in place since 1909. They just keep changing them.”
“They’ve sent out letters not just to this one farmer, but multiple small farms, market garden farms, saying you can’t water your crops anymore.”
“This is actually a war on small farms.”
“We’ve seen this happening over and over and over again, where we’re seeing them utilize water rights [protection] to shut down farms across our country.”
“If you look at the number of farms that we’ve lost since 2000, it’s staggering. We’ve gone from 2,100,000 farms in 2000 down to 1,850,000 farms at the end of last year.”
“You’ve seen a lot of these cases where they’ve gone in and they’ve just shut off farms to water rights to an entire valley at a time.”
“We’re seeing them take control over people’s wells putting meters on people’s wells, shutting down small farms.”
“Everybody should have the right to farm fresh food. Oregon is basically taking that right away from every Oregon citizen by taking away the rights of the small farmers to operate their businesses in the name of some laws that were originally put in place to protect groundwater from much larger scale operations.”
If there isn’t some sort of sinister agenda behind these new regulatory pushes, destroying small farms certainly gives a pretty good impression of a sinister agenda. And no points for guessing which political party enjoys uncontested control of Oregon. Remember when Democrats claimed to be looking out for family farms? Doesn’t seem to be the case any more. Someone should ask Willie Nelson about all this…
Texas has a Right to Farm statute that should (theoretically) prevent such abuses here.
Welcome to spring! More evidence the Biden clan lied under oath, lots of illegal alien news, Ukraine hits more Russian oil refineries, and BlackRock and Planet Fitness enjoy the consequences of getting woke. It’s the Friday LinkSwarm!
In his opening statement before the House Oversight Committee on Wednesday, Hunter Biden’s former business partner Tony Bobulinski publicly accused the first son and his uncle, Jim Biden, of lying under oath about the nature of their business dealings with Chinese conglomerate CEFC.
Bobulinski is testifying on Wednesday about the Biden family’s foreign business dealings, the subject of the House GOP’s impeachment inquiry into President Joe Biden. He testified behind closed doors last month and vividly recalled meeting Hunter, Joe, and James Biden in May 2017 to discuss a proposed joint venture with CEFC.
Bobulinski cited three examples of alleged perjury from Hunter Biden’s sworn testimony last month, accusing Hunter of lying about: the timeline of his business relationship with CEFC, his father’s interactions with his business associates, and the threatening text he sent a Chinese businessman in which he demanded payment and said he was sitting next to his father.
“Hunter Biden gave his transcribed interview to the House Oversight Committee on February 28 and lied throughout his testimony,” Bobulinski said in his written testimony.
Hunter Biden said his work for CEFC began with a retainer in 2017. However, Bobulinski insists, based on conversations he said he had with Hunter, that the Biden business relationship with CEFC goes back further, possibly to Joe Biden’s time as vice president.
Hunter Biden claimed his father never interacted with his son’s business partners and repeatedly denied his father’s involvement in those dealings. However, Hunter Biden confirmed Joe Biden met Bobulinski and multiple foreign business partners, and spoke to business associates on speakerphone.
James Biden denied in his closed-door testimony that he attended that May 2017 meeting, contradicting Hunter’s sworn testimony.
“The sole reason Hunter wanted me to meet his father was because I was the CEO of SinoHawk, the Bidens’ partnership with CEFC. I was a business associate. In his transcript, Hunter confirms that that meeting with Joe took place and incriminates his Uncle Jim for perjury by confirming it,” Bobulinski’s statement reads.
In his written testimony and the opening statement he delivered, Bobulinski also accuses Hunter of lying about the details of a text he sent to a Chinese business associate in July 2017 where he appeared to leverage his father’s influence. Hunter Biden testified that he was embarrassed by the text and claimed he sent it to the wrong Chinese business partner, a person not connected to CEFC.
“He leveraged his father’s presence next to him in that infamous text to strongarm CEFC into paying Hunter immediately,” Bobulinski said.
In March 2017, Hunter Biden’s then-business partner Rob Walker received a $3 million payment from State Energy HK, an account linked to CEFC.
Walker distributed roughly $1 million of the State Energy HK funds to bank accounts linked to Hunter Biden and other members of the Biden family, bank records show. The $3 million wire to Walker took place after Hunter Biden and his business associates held meetings with CEFC and helped explore business deals, according to Walker’s testimony and Hunter Biden’s federal tax indictment. Joe Biden’s vice presidency concluded only weeks before the State Energy HK payment came in.
Bobulinski also accused James Biden of lying under oath about the details of his involvement with Bobulinski and CEFC.
Testifying behind closed doors last month, James Biden repeatedly denied meeting Bobulinski, contradicting the testimony given by Bobulinski and Hunter Biden, according to a transcript of his testimony. Despite being shown exhibits to the contrary, James Biden doubled down on his denial that the May 2017 meeting with Bobulinski and Joe and Hunter Biden took place. Likewise, James Biden denied signing any agreement to get into business with Bobulinski through Oneida Holdings, a holding company created for the CEFC proposal.
When presented with a signed copy of the Oneida agreement, James Biden said he could not recall being part of the Oneida arrangement. The CEFC proposal involving Bobulinski fell apart, and the Bidens entered a separate joint venture with CEFC called Hudson West III to help CEFC explore U.S. energy deals.
“There are many other examples of Hunter’s and Jim’s lies, which I am happy to discuss during my testimony here today, and I hope this Committee will hold them accountable for their perjury before you,” Bobulinski’s written statement adds. When questioned by Republican lawmakers, Bobulinski repeated his accusations Hunter and James Biden committed perjury during their closed-door testimonies last month.
Alongside Bobulinski, imprisoned former Biden associate Jason Galanis is testifying virtually about the business enterprise he worked on with Hunter Biden and other business partners. Galanis’ opening statement on Wednesday mirrors private testimony in which he claimed Joe Biden helped his son finalize deals with Chinese and Russian business partners.
“The entire value-add of Hunter Biden to our business was his family name and his access to his father, Vice President Joe Biden,” Galanis testified. He believes he is risking his safety to testify because of alleged retaliation by the Justice Department during his time in prison for participating in a fraudulent bond scheme.
Bobulinski’s testimony will be no surprise to regular BattleSwarm readers following the scandal.
I’ll confine myself to one typical example, although many could be cited. On page 55 of the transcript, Hur asks Biden in what workspaces he kept documents at the vice president’s residence (the Naval Observatory); Biden’s response runs seven pages — although it was not a sensible response to the very simple question asked.
The president began by recounting that “I was the guy who wrote the Violence Against Women Act”; that agriculture is “a $4 billion industry in Delaware and the Delmarva peninsula”; that in a law-school torts class he was applauded for speaking ten minutes about a case he had not read; that “to make a long story short” he got a job out of law school at a firm in Delaware; and that “to make a long story not quite so long” he participated in a case while he was waiting for his bar results involving “this poor kid [who was] down a hundred-foot vessel, chimney, scraping the hydrogen bubbles off of the inside” but “was wearing the wrong pants, wrong jeans, and he —a spark caught fire and got caught in the containment vessel and he lost part of his penis and one of his testicles and he was 23 years old.” The senior partner told Biden to write a memo supporting a motion to dismiss the case, “and son of a bitch, it prevailed,” whereupon Biden thought “son of a bitch I’m in the wrong business, I’m not made for this.”
Thereupon, the senior partner invited him to go to the Wilmington Club, where “no blacks, Catholics are allowed — have been allowed to be members. The DuPont family name.” (Biden elsewhere in the seven pages repeatedly refers to the DuPont family, whom he describes as “Rockefeller Republicans” highly influential in Delaware.) Biden recalled being so taken aback by the Wilmington Club invitation that, in “the only time I ever lied that I can remember looking somebody in the eye,” he made up a story that his father was coming to visit that day. Then he immediately walked through “the basement on a public building and walked in with a guy named Frank and I said I want a job as a public defender.” This began “what got me — I had been involved in the civil-rights movement. That got me deeply involved in trying to reform the Democratic Party, which was a southern Democratic Party. We were a slave state by law.”
“And the whole point of telling you all this,” he continued, “is that I had a lot of material that I kept notes on” about the Democratic Party. And at that point, when he was 26 or 27 years old, Biden elaborated, “I went to work part time for a criminal-defense firm mainly, a real estate — there were five people. And so I was no longer a public defender. . . .” Then “one thing led to another” and Biden joined a group seeking to reform the Democratic Party. Even though he was young, they wanted him to run for the state senate. But he wanted to start his own law firm instead. “So to make a long story short,” he ended up running for county council, but “wanted to be sure that I was going to lose,” so he ran in a district that no Democrat had ever won. “And I won it. And next thing you know, I’m in a tough position. My generic point was that there was a lot of material that I had amassed that I wanted to save. I probably still have it somewhere. And so that stuff would travel wherever the hell I was.”
At that point, mercifully, Hur interjected, “trying to steer us back to the end of your vice presidency.”
To repeat, what I’ve outlined above comes from a single, uninterrupted, utterly non-responsive answer to a question about where Biden kept documents while living in the Naval Observatory circa 2016.
I would say that Grandpa Simpson is running the country, except it’s his Obama-retread aides who are doing that, and Grandpa Simpson is markedly more focused and coherent than Slow Joe is now. (Hat tip: Powerline.)
A senior official with United States Customs and Border Protection (CBP) revealed Wednesday that CBP agents in El Paso arrested a man for attempting to enter the country illegally, and a further search led to the discovery of gang connections and alarming images contained on the man’s phone.
CBP Chief Jason Owens announced the arrest on social media, saying the man was from Colombia and shared images of tattoos that connect him with the Clan Del Gulfo (CDG) cartel.
A federal law, Section 922 of Title 18 of the U.S. Code, bars illegal immigrants from carrying guns or ammunition. Prosecutors charged Heriberto Carbajal-Flores, the illegal alien, in 2020 after he was found in Chicago carrying a semi-automatic pistol despite “knowing he was an alien illegally and unlawfully in the United States.”
U.S. District Judge Sharon Johnson Coleman rejected two motions to dismiss, but the third motion, based on a 2022 U.S. Supreme Court ruling, triggered the dismissal of the case on March 8.
“The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores,” Judge Coleman, appointed under President Barack Obama, wrote in her 8-page ruling. “Thus, the court grants Carbajal-Flores’ motion to dismiss.”
“Tyson closed down a pork plant in Iowa to hire ‘asylum seekers’ in New York. Tyson Foods just axed 1,200 jobs in Perry, Iowa, a town of just a few thousand people, and have moved those jobs, as well as others, to places like New York where they know there are ‘asylum seekers’ ready to replace American workers.”
The Biden administration announced Wednesday that it will impose the strictest vehicle-emissions regulations ever enacted as part of an effort to push the American car industry toward electric vehicles.
The emissions standards, which will cover light-duty vehicles — cars, SUVs, and pickup trucks — are set to apply to models produced from “2027 through 2032 and beyond,” the Environmental Protection Agency said in a statement.
The new rules set targets for the number of electric models produced in the United States as a percentage of all light-duty vehicles created each year. For instance, in 2030, hitting the EPA’s new targets would require somewhere between 31 percent and 44 percent of new cars, SUVs, and pickup trucks to be fully electric, with the exact percentage depending on the amount of emissions from other vehicles.
Though the regulations announced Wednesday are the strictest in the country’s history, they are a step back from the EPA’s April 2023 proposal, at least in terms of the rollout speed. While the target in 2032 is still for carbon emissions to be cut in half from the total produced by cars that went on sale in 2026, the shift will be more gradual than the changes the administration proposed last year and the targets in the earlier years easier to meet.
Another difference is the inclusion of hybrid vehicles. The April 2023 proposal called for two-thirds of cars sold in 2032 to be electric, but the new regulations amend that number to 56 percent of cars sold being electric and another 13 percent hybrid.
The electric car market is already saturated and EV sales are falling. Americans don’t want them, so the Biden administration is going to punish (and possibly destroy) the American car industry in their relentless pursuit of green graft.
“Texas School Fund Divests $8.5 Billion From BlackRock Over Anti-energy Policies. State Board of Education Chairman Aaron Kinsey said BlackRock was not in compliance with new legislation that prohibits state funds from being given to organizations that boycott energy companies.” Good. BlackRock’s “Environmental Social Governance” is bad for investors and bad for America.
Farmers blockaded Paris to protest the impossible mandates being handed down to them by both Paris and the EU in the name of fighting “global warming.”
“Farmers are laying siege to Paris, as they put it, at eight points around the capital. And they say they won’t budge until the government gives them more concessions.”
“We need one of our French celebrities to do the same thing as Jeremy Clarkson.”
He said Clarkson “exposed the red tape in relation to the environment. Everything he explained, we’re going through in France.”
“It’s about bureaucracy, it’s about the European Union.”
He says farmers in the UK are still waiting for promised post-Brexit support.
“Everything in relations to environmental requirements is exactly the same in France, maybe even worse.”
“We are fed up with the admin, which is excessive in our country with regards to our work, the red tape that France adds in addition to the EU requirements.”
The farmer interviewed says they (i.e. FNSEA, the largest French farming union) have a list of 140 demands. Try as I might, I can’t find a list of those demands, in English or even French. This seems to hit on key grievances, but there’s a fair amount of highfalutin generalities in the English translation. This seems to be a key point: “In Europe, the very philosophy of the Green deal which assumes degrowth needs to be reviewed to restore visibility to farmers.”
If previous demands from other Eurostrikers are any guide, the demands are probably a mix of good (stop with the green insanity, lower taxes and eliminate red tape) and bad (more subsidies).
The French farmers said President Emmanuel Macron’s government now needed to act fast on its pledges, which have included scrapping plans to raise tax contributions on tractor diesel, an easing of pesticide regulations, a pause on new fallow land rules, and more safety checks on food imports.
If you had told some one five years ago that “French farmers will be hailing Jeremy Clarkson as a hero,” no one would have believed you…
A San Diego federal judge on Wednesday again struck down a state law that required background checks for nearly all purchases of firearm ammunition and barred California residents from bringing home ammunition that they purchased out of state.
U.S. District Judge Roger Benitez ruled that such restrictions violate the Second Amendment. He also ruled that the portion of the law restricting out-of-state purchases violated the dormant Commerce Clause and is preempted by federal law regulating interstate transportation of firearms.
Benitez had previously struck down the same law in April 2020, but the 9th U.S. Circuit Court of Appeals reinstated the law just days later while the government appealed the ruling. Before the 9th Circuit could rule on that appeal, the U.S. Supreme Court issued an opinion in a New York gun case that upended Second Amendment case law.
After the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, the 9th Circuit sent the case back to Benitez to be relitigated under that new framework, which holds that modern gun laws must be “consistent with the nation’s historical tradition of firearm regulation.”
Benitez found that the “ammunition background checks laws have no historical pedigree and operate in such a way that they violate the Second Amendment right of citizens to keep and bear arms.” He issued an immediate injunction barring the state from enforcing the law.
The California Rifle & Pistol Association, one of the plaintiffs in the case, said in a statement that Wednesday’s ruling represents “continued progress in rolling back decades of attacks on the rights of lawful gun owners.”
Chuck Michel, president and general counsel of the group, said the ruling showed, once again, that the Supreme Court’s Bruen decision has greatly impacted how courts must analyze “these absurdly restrictive laws.”
Snip.
“In the end, the State has failed to carry its burden to demonstrate that the ammunition background check laws ‘are consistent with this Nation’s historical tradition of firearm regulation,’ as required by Bruen,” the judge wrote. “… A sweeping background check requirement imposed every time a citizen needs to buy ammunition is an outlier that our ancestors would have never accepted for a citizen.”
He also wrote that state data showed too many people seeking to lawfully purchase ammunition were being rejected because of flaws in the system. He said that according to state statistics, when the system was first implemented in 2019, the rejection rate was 16 percent. That has since fallen to 11 percent, “but is still too high,” he wrote.
When a circuit court as notoriously liberal feels compelled to send cases back to lower court in light of Bruen, the the Second Amendment is winning.
On the downside, the Democratic Party in general, and California Democrats in particular, have proven that no amount of rulings will prevent them from pursuing the goal of complete disarmament of law-abiding citizens.
Expect California Democrats to respond by passing a whole slew of gun-grabbing legislation that continues to ignore the clear guidelines of Bruen.
We have another firearms law found unconstitutional in the wake of Bruen, but this one has a significant difference.
On Friday, January 12th, U.S. District Judge Kathryn Kimball Mizelle ruled that a United States law prohibiting people from possessing firearms while inside of a post office goes against their constitutional rights.
According to Fox News, Judge Mizelle, an appointee of former President Donald Trump, cited a 2022 landmark United States Supreme Court decision that expanded gun rights when she dismissed part of an indictment charging a postal worker with illegally possessing a gun in a federal facility.
That landmark case, New York State Rifle & Pistol Association v. Bruen, recognized a person’s right to carry a handgun in public for self-defense and established a new test for assessing firearms restrictions, noting it must be “consistent with this nation’s historical tradition of firearm regulation.”
The indictment against the postal worker, Emmanuel Ayala, was brought forth because of the Smith & Wesson 9mm gun that he kept in a fanny pack with his concealed carry permit. Ayala framed his case around the Bruen decision, arguing that the prohibition against guns in a federal postal facility is “unconstitutional” as applied to him because the “historical record does not support a law banning firearms in post offices.”
Mizelle noted that the United States’ response to Ayala’s claim was that the “Second Amendment allows it to punish the bearing of arms inside any government building.” The United States specifically deemed a post office as a “sensitive place,” claiming that such a designation means the government can “ban the carrying of firearms while not violating an individual’s Second Amendment rights” and is “consistent with the Nation’s historical tradition of firearm regulation.”
Mizelle rejected that claim, writing, “[Bruen] requires the United States to present historical support for § 930(a)’s application to Ayala, which it fails to do. Post offices have existed since the founding, as have threats to the safety of postal workers and the public entering those locations. Yet the historical record yields no ‘distinctly similar historical regulation addressing’ those safety problems by regulating firearms in post offices … Bruen deems this absence strong evidence of the statute’s unconstitutionality.”
Mizelle sided with Ayala is his claim that the law prohibiting guns in a federal postal facility was unconstitutional, writing, “I dismiss the § 930(a) charge because it violates Ayala’s Second Amendment right to bear arms.”
Snip.
In her decision, Mizelle stated that federal law did not ban guns in government buildings until 1964 and in post offices until 1972. She said there is no historical practice dating back to the 1700s that justifies the ban. The judge said allowing the federal government to restrict visitors from bringing guns into government facilities would allow it to “abridge the right to bear arms by regulating it into practical non-existence.
The big difference here is that previous anti-gun laws overturned in the wake of Bruen have been state laws, but this one is a federal law. Perhaps one slipped by while I wasn’t looking, but I believe that this is the first federal law overturned in the wake of Bruen.
Decision by decision, the Second Amendment is slowly being restored to its proper place in American jurisprudence.
On Friday, Judge Thomas S. Kleeh issued a decision striking down the federal prohibition against 18 to 20-year-olds purchasing handguns.
The plaintiffs in the case are Steven Robert Brown, Benjamin Weekley, the Second Amendment Foundation, and the West Virginia Citizens Defense League.
Judge Kleeh, a Donald Trump appointee, is Chief Judge of the United States District Court for the Northern District of West Virginia.
Kleeh put the case in context:
This case requires the Court to assess the protected right of the people under the Second Amendment to the Constitution to keep and bear arms. U.S. Const. amend. II. Plaintiffs Robert Brown (“Brown”) and Benjamin Weekley (“Weekley”), individuals, are “law abiding, responsible adult citizens who wish to purchase handguns.”…Brown and Weekley are citizens of West Virginia and the United States of America and are between the ages of eighteen and twenty-one. Brown and Weekley, as law-abiding, responsible adult citizens, would purchase handguns and handgun ammunition from Federal Firearms Licensees (“FFLs”) but for the right proscribed by 18 U.S.C. §§ 922(b)(1) and (c)(1).
He went on to explain that Brown and Weekley had each tried to buy a handgun but were “refused the sales because they were under twenty-one years of age.”
Kleeh noted that the plaintiffs sought summary judgment against the statute while the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Attorney General Merrick Garland, and ATF Director Steven Dettelbach sought to have the case dismissed.
He sided with the plaintiffs and quoted extensively from Bruen (2022) to show the manner at which he arrived at his decision.
Here is one of Kleeh’s quotes from the Bruen decision:
To justify its regulation, the government may not simply posit that the regulation promotes an important interest…To demonstrate the regulation of that conduct is within the bounds of the Second Amendment, “the government must demonstrate that the regulation is consistent with the Nation’s historic tradition of firearm regulation. Only if a firearm regulation is consistent with the Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.”
It’s taken a bit of time, but we’re finally seeing Bruen test standards used to strike down gun-grabbing laws. Hopefully a whole lot more will be struck down in the near future…
Happy Black Friday, everyone! (Here’s my prepping/gift guide, if you haven’t seen it already.) I hope everyone had a great Thanksgiving. Some interesting international election results, unreasonable gun control legislation gets struck down in two different states, more legal trouble for Houston Democrats, and a weed company goes bankrupt. It’s the Friday LinkSwarm!
The average price American families will have to pay to celebrate Thanksgiving with a traditional dinner will be the most expensive in history after years of sky-high inflation that experts attribute partially to President Joe Biden’s policies, according to data from the Bureau of Labor Statistics (BLS).
The price of all goods has risen dramatically under Biden following a period of sustained high inflation, which peaked at 9.1% in March 2022 and has since remained elevated, measuring at 3.2% in October, while the index for food rose 3.3% year-over-year for the month. The total increase in costs for a Thanksgiving dinner is about 26% since the beginning of Biden’s term, culminating in the most expensive Thanksgiving dinner in history.
Don’t buy the cookies. “Girl Scouts To Host Training Sessions On ‘Internalized Racism,’ ‘White Supremacy Culture.'” (Hat tip: Instapundit.)
In a surprising turn of events, Argentina has elected the libertarian outsider Javier Milei as its new president. The hotly contested presidential run-off saw Milei defeating left-wing candidate Sergio Massa — a consequential shift in the country’s political landscape. Massa brusquely conceded on Sunday night, stating, “Milei is the president elected for the next four years.”
The victory of Milei, a self-proclaimed “anarcho-capitalist,” introduces an unconventional leader with what are considered to be radical economic views relative to Argentina’s neighbors. His campaign, characterized by anti-establishment rhetoric and metaphorical gestures such as wielding a chainsaw to show his fervor for cutting taxes, resonated with voters frustrated by Argentina’s economic decrepitude, including triple-digit inflation. One of Milei’s key proposals is the adoption of the U.S. dollar as Argentina’s national currency, an unprecedented move for a country of its size (Argentina is home to some 45.8 million people).
Massa — a lifelong politician and representative of Argentina’s left-wing political establishment — emphasized his government’s actions to address inflation during his tenure.
But Milei’s appeal, particularly among the younger generation, suggests a desire for change to break free from the cycle of economic crises.
Milei’s victory has produced excitement and concern alike. While some see him as the catalyst for much-needed economic reforms, others fear the potential austerity measures tied to his plans, such as shutting the central bank and slashing spending. Despite the uncertainty, Milei’s supporters view him as the only viable option to break the political status quo and address Argentina’s persistent and extreme economic challenges.
The election is not just a political shift but also a generational one, with Milei’s popularity among the youth reflecting a desire for a new direction. The effect of Milei’s win extends beyond Argentina’s borders, potentially influencing trade relationships, especially with his criticism of China and Brazil and his preference for stronger ties with the United States. As for the U.S., the hour is late, and we’ll take all the friends we can get, and Argentina is doubly welcome because the Millennium must be nigh if a libertarian won an election outside of New Hampshire.
Note: Linking to MSN rather than NRO because the latter has now raised it’s war against ad-blockers to obnoxious levels. Year-by-year, the TDS-infected NR has become ever-more sad and useless.
Geert Wilders, the Dutch populist whose anti-Islam comments have led to death threats, could become the next leader of the Netherlands following an election upset for his Freedom Party (PVV) on Wednesday.
After 25 years in Dutch politics without holding office, Wilders was set to lead coalition government talks and has a good chance of becoming prime minister.
An exit poll on Wednesday evening showed the PVV in a clear lead, 10 seats ahead of its closest rival, Frans Timmermans’ Labour/Green Left combination.
“We will have to find ways to live up to the hopes of our voters, to put the Dutch back as number one”, Wilders said in his first response, adding that “the Netherlands will be returned to the Dutch, the asylum tsunami and migration will be curbed.”
Maryland is one of 14 states that require background checks for all firearm purchases, whether or not the seller is a federally licensed dealer. Since 2013, Maryland has imposed an additional requirement on handgun buyers: They must first obtain a “handgun qualification license,” which entails completing at least four hours of firearm training and undergoing a seemingly redundant “investigation” aimed at screening out people who are legally disqualified from owning guns. According to the U.S. Court of Appeals for the 4th Circuit, that process, which can take up to 30 days, violates the Second Amendment.
In a decision published on Tuesday, a divided 4th Circuit panel concluded that Maryland’s handgun ownership licensing system is not “consistent with this Nation’s historical tradition of firearm regulation”—the constitutional test that the U.S. Supreme Court established last year in New York State Rifle & Pistol Association v. Bruen. Writing for the majority in Maryland Shall Issue v. Moore, 4th Circuit Judge Julius Richardson notes that Bruen “effected a sea change in Second Amendment law,” making a variety of gun control laws newly vulnerable to constitutional challenges. Maryland’s handgun licensing law is the latest example.
Speaking of unconstitutional gun laws being struck down: “It turns out that bullets are an essential part of a gun, and limiting the number of rounds in a gun violates the Oregon constitution. A county judge in Oregon made that decision on Tuesday overturning Measure 114, a citizen-passed measure that outlawed what gun grabbers call ‘high capacity magazines’ and required that Oregon serfs get a permit to be allowed to purchase a gun.” (Hat tip: Stephen Green at Instapundit.)
Funny how no Arab nation wants to take in Palestinians. They know the simple truth: They suck.
The Palestinians tried to take over Jordan in the 1970s, leading to the late King Hussein declaring war on them and driving them out. They were booted from Kuwait after collaborating with Saddam Hussein’s forces before the Gulf War. They set off a powder keg in Lebanon, a nation that has yet to recover from its brutal civil war that lasted 15 years. No Arab country wants these people because they bring instability and trouble.
Outgoing Houston Mayor Sylvester Turner gets to enjoy a new host of scandals on his way out.
As term-limited Houston Mayor Sylvester Turner finishes his final days at the helm of the state’s most populous city, a new set of scandals have emerged over city contracts and a dispute over who will pay for a book touting the mayor’s legacy.
In the most recent dustup, an investigation by Houston’s KPRC 2 discovered that city contracts for much-needed water repairs were awarded to two relatives of Houston Public Works (HPW) employee Patrece Lee, including one for $4.5 million to Lee’s brother, who had only created his company six months before the city council approved the “emergency contracts.”
When KPRC reporter Amy Davis attempted to question Turner about the issue at a public event last week, Turner became irate and told his communications director to escort Davis from the room.
“You are not going to get away with this,” said Turner to Davis. “You are rude.”
Late Friday, HPW Director Carol Haddock announced that the employee had been placed on leave while the city’s Office of the Inspector General investigated the allegations.
In another contract scandal, Houston Landing media reported last week that the Midtown Redevelopment Authority had referred information to law enforcement on a since-fired manager who allegedly steered more than $4 million in taxpayer-funded landscaping contracts to himself and another contractor.
The latest developments came hard on the heels of Turner’s squabble with Houston First Corporation, the city’s marketing organization. During the “State of the City” luncheon last September, hosted by Houston First, attendees were given copies of Turner’s book “A Winning Legacy,” which celebrates the mayor’s accomplishments during his eight years in office.
As first reported by Bill King, Turner told President and CEO Michael Heckman that Houston First must pay a $123,979 invoice for the 600 copies, but Heckman refused, saying it was not in the corporation’s budget and not an appropriate expense. Houston First Chairman David Mincberg later told FOX 26 that the corporation would develop a strategy to raise private funds to pay for the books.
Controversy has also surrounded Turner’s management of city finances. Last year, Controller Chris Brown warned that the city was using $160 million in federal COVID-19 relief funds to plug budget holes and even to cover ongoing expenses.
Speaking of governments in trouble for spending Flu Manchu funds on other priorities, Germany is also in trouble for pulling the same trick after their high court told them to stop. As Europeans, spending within their means is unacceptable, so they’re now plotting to suspend debt limits…
Texas Governor Greg Abbott endorses Donald Trump for President. This is interesting in that Abbott is a careful, cautious Republican, who might be more ideologically inclined to endorse Ron DeSantis or Nikki Haley. That Abbott has endorsed Trump indicates he thinks Trump is a lock for the 2024 nomination. He may be right.
“Stacey Abrams’ Brother-In-Law Arrested, Accused Of Human Trafficking, Choking Underage Girl…Jimmie Gardner, a well-known Georgia-based youth motivational speaker, is accused of human trafficking, lewd or lascivious touching, and battery…According to the Tampa Police Department, Gardner invited a 16-year-old girl to his hotel room in the early hours of Friday, offering to pay her for sexual acts.” Sounds like the wrong sort of youth motivation…
