Posts Tagged ‘Fifth Circuit Court of Appeals’

Supreme Court: Yes, Texas Can Deport Illegal Aliens. 5th Circuit: Psych!

Wednesday, March 20th, 2024

Here I was all ready to with what I wanted to write about, only to have the judicial system throw me a curve. Yesterday, it looked like the Supreme Court was finally giving Texas the green light to deport illegal aliens.

The Supreme Court on Tuesday lifted its freeze of a Texas immigration law which allows state and local law enforcement to arrest illegal immigrants and empowers state judges to deport them.

The Court’s six conservative justices dismissed the Biden administration’s emergency appeal, allowing the law to remain in effect while the issue is adjudicated by lower courts. The majority did not explain its reasoning, as is typical, but Justice Amy Coney Barrett, joined by Justice Brett Kavanaugh, issued a concurring opinion explaining that Texas should be allowed to enforce its law until a lower court definitively strikes it down.

“If a decision does not issue soon,” Barrett wrote, “the applicants may return to this court.”

On X Tuesday, Texas Governor Abbott acknowledged that litigation over the law will continue in lower courts.

“BREAKING: In a 6-3 decision SCOTUS allows Texas to begin enforcing SB4 that allows the arrest of illegal immigrants,” he wrote. “We still have to have hearings in the 5th circuit federal court of appeals. But this is clearly a positive development.”

Texas Attorney General Ken Paxton celebrated the ruling on X.

“HUGE WIN: Texas has defeated the Biden Administration’s and ACLU’s emergency motions at the Supreme Court,” he said. “Our immigration law, SB 4, is now in effect. As always, it’s my honor to defend Texas and its sovereignty, and to lead us to victory in court.”

In court papers, Paxton said the Texas law does not undermine federal law but complements it regarding immigration enforcement, which the federal government is supposed to be fulfilling. The Biden administration for many months has been flouting federal immigration law by paroling illegal immigrants into the U.S. instead of detaining them.

The Constitution “recognizes that Texas has the sovereign right to defend itself from violent transnational cartels that flood the state with fentanyl, weapons, and all manner of brutality,” Paxton said in filings, according to NBC News.

Texas is “the nation’s first-line defense against transnational violence and has been forced to deal with the deadly consequences of the federal government’s inability or unwillingness to protect the border,” he added.

Chalk one up for controlling the borders and the rule of law, right?

Fifth circuit: Not so fast!

A procedural victory for Texas allowing the state to enforce its new border security law while the Biden administration’s battle against the measure continues to work its way through the courts was short-lived.

While the U.S. Supreme Court moved to allow the law to go into effect on Tuesday afternoon, hours later the Fifth Circuit Court of Appeals put the law on hold yet again.

Senate Bill 4, which was set to go into effect earlier this month, creates a state crime for entering the country illegally, paving the way for state law enforcement to arrest illegal aliens.

After the federal government challenged the measure in a lawsuit, U.S. District Judge David Alan Ezra blocked the law from going into effect. It has since been sent to the Fifth Circuit Court of Appeals.

In the meantime, a procedural fight had taken place over whether the state could enforce the law awaiting final judgment in the case.

In a 6-3 decision on Tuesday, the Supreme Court denied the Biden administration’s request to halt enforcement of the law, allowing Texas to begin enforcement immediately.

At the time, Attorney General Ken Paxton called the decision a “huge win” for Texas.

“Texas has defeated the Biden Administration’s and ACLU’s emergency motions at the Supreme Court. Our immigration law, SB 4, is now in effect. As always, it’s my honor to defend Texas and its sovereignty, and to lead us to victory in court,” said Paxton.

That victory was short-lived, as late Tuesday night the Fifth Circuit Court of Appeals placed another stay on the law from being enforced.

Frustrating, but it underscores the difficulty the Supreme Court faces, namely: How do you reign in an executive branch hellbent on ignoring clear laws on securing the border against illegal aliens that instead actual aids and abets illegal aliens breaking those same laws?

What mechanisms can the Supreme Court use to reign in a rogue executive without causing a constitutional crisis?

The Fifth Circuit had a hearing scheduled this morning on the issue but evidently haven’t issued a ruling. I’ll try to update this if it does…

Another Day, Another Criminal Out On Bond Shooting Cops

Thursday, August 17th, 2023

Actually, that headline is slightly inaccurate: It was two criminals out on bond shooting a cop.

A massive manhunt is underway for two suspects in relation to a shooting of a Harris County sheriff’s deputy during a traffic stop Wednesday night. Both men were free on bond for other charges and had a history of not complying with the conditions of their release.

According to Harris County Sheriff Ed Gonzalez, the deputy went on patrol at about 7:40 p.m., but within minutes emergency dispatch received calls about an officer down on Homestead Road just inside Houston’s Beltway 8 and the Eastex Freeway.

Law enforcement agencies have issued a Blue Alert for Terran Green, 34, and James Green, 37. Although Gonzalez announced the suspects’ vehicle had been found overnight, the two men remain at large.

Harris County records indicated that Terran’s criminal history dates to at least 2007 and includes five felony convictions and three separate stints in state prison. In May 2022, he was sentenced to two years for Aggravated Assault with a Deadly Weapon.

Democrats love to talk about “gun crime,” but deep blue Democratic Party prosecutors seem loath to actually prosecute the criminals who commit crimes with guns.

Terran was charged in March 2023 with Felon in Possession of a Firearm and Aggravated Assault of a Family Member, for which the Harris County District Attorney’s Office requested no bond, but Judge DaSean Jones of the 180th District Criminal Court approved bonds of $55,000. Terran was released on April 1, but after failure to appear in court his bonds were forfeited. He has been a wanted fugitive since May 30.

James also has a criminal history, dating back to 2011. He was given personal recognizance (PR) bonds requiring no payment for Carrying a Handgun in a Motor Vehicle in 2020 and 2022 and possession of one to four grams of cocaine on June 7, 2022. He was rearrested on August 7 after bond forfeiture but released on a $5,000 surety bond just last Saturday.

A self-proclaimed socialist, Jones has often drawn media attention for awarding bond release to violent, repeat offenders. In 2021 he reduced bond for a suspect facing felony charges of human trafficking, assault, sexual assault of a child, and compelling prostitution of a child.

Sexual predators of children seem very near and dear to the hearts of the Democratic Party’s cadres of social justice activists.

Harris County began shifting release policies in 2019, when local judges adopted new bail guidelines and a federal judge approved a consent decree in the ODonnell v. Harris County lawsuit over misdemeanor bail. The decree has formally governed misdemeanor bail policy and mandated county spending on pretrial services for defendants, but a ruling from the 5th Circuit Court of Appeals in a similar lawsuit against Dallas County earlier this year overturned ODonnell, leaving the future of the consent decree uncertain.

Crime Stoppers of Houston’s Andy Kahan has tracked the number of persons murdered in Harris County by suspects out on multiple bonds and PR bonds since 2018, noting there have been at least 197 such victims.

197 people dead thanks to Social Justice.

Last I checked, the Harris County deputy shot was still alive following surgery and their name hadn’t been released.

Expect criminals to keep shooting cops and citizens as long as Democrats maintain the social justice revolving door for repeat offenders.

Update: Deputy’s name is Joseph Anderson and alleged shooter Terran Green is in custody after a police standoff in Humble.

James Green was questioned and released without being charged.

Federal Judge Rules Against ATF Brace Rule

Thursday, August 3rd, 2023

A small victory in the war against ATF overreach:

The U.S. 5th Circuit Court of Appeals ruled Tuesday that two Texas residents are likely to prevail in their legal challenge to a Biden administration rule that redefined firearms with pistol braces as heavily regulated short-barreled rifles (SBR), ordering the district court to reconsider issuing a permanent injunction to block the rule.

The case, styled Mock v. Garland, was brought by attorneys with the Firearms Policy Coalition on behalf of Texas residents William Mock and Christopher Lewis. The plaintiffs sought to block the administrative rule that would subject firearms, otherwise legally classified as pistols, as SBRs, which are heavily regulated under the National Firearms Act (NFA).

To purchase an NFA-regulated weapon, a buyer must undergo a background check, pay $200 in taxes to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and wait roughly a year. NFA firearms are also subject to a litany of additional regulations, the violation of which can subject the owner to substantial civil and criminal penalties.

Gun owners were given four months after the rule change in January to remove braces from their pistols and either destroy, register, or surrender them to the ATF, or else be subject to criminal charges after the grace period.

Snip.

The 5th Circuit’s decision noted that the rule was challenged on two fronts, the first being that the ATF failed to follow proper procedure by giving public notice of one version and then implementing a different final version with a broader application.

Because the court sided with the plaintiffs on the administrative procedural challenge, determining they would likely succeed on the merits at trial and that they meet the requirements for injunctive relief, the court stopped short of addressing the constitutional challenge. However, Justice Don Willet wrote in a separate concurring opinion that he suspects the rule would likely “not withstand constitutional muster.”

God bless Judge Willet and President Donald Trump for nominating him to the Fifth Circuit.

The majority opinion remanded the case to the U.S. District Court for the Northern District of Texas, where the original judge had denied the plaintiff’s past request for an injunction blocking the rule.

For now, the appeals court is maintaining an order blocking enforcement of the rule against FPC and its members until the district court issues a new ruling on its injunction request that complies with the appeals court’s findings.

Several other legal challenges to the pistol brace rule are presently ongoing in federal district courts, with challenges from Gun Owners of America and the Wisconsin Institute for Law and Liberty prevailing earlier this year in securing injunctions to block the rule’s enforcement for the organizations’ members.

The pistol brace rule would retroactively make millions of law-abiding Americans criminals for not registering them (which, for the left, is no doubt the point). Government agencies should not be able to unilaterally and retroactively declare ownership of legally obtained goods suddenly forbidden on penalty of law.

Hopefully the pistol brace rule gets overturned entirely.

LinkSwarm for September 2, 2022

Friday, September 2nd, 2022

Biden goes all Nuremberg Rally, more transexual madness, Gibson’s Bakery wins final victory, states subcontract their energy policies to crazy California, and more really stupid criminals. It’s the Friday LinkSwarm!

  • You would think that Biden’s team might have better sense than to dress his set like it’s Darth Maul’s bedroom:

    

  • What happens when people in the federal government are incompetent and refuse to do their job? Usually nothing. Or they get promoted. But in Florida? Governor DeSantis fires their asses.

    On Friday, Governor Ron DeSantis announced that he would be suspending four members of the Broward County School Board for their “incompetence, neglect of duty, and misuse of authority” at Marjory Stonemason Douglass High School.

    In a press release, the governor’s office stated that Patricia Good, Donna Korn, Ann Murray and Laurie Rich Levinson had been suspended following the recommendations of the Twentieth Statewide Grand Jury. DeSantis has been particularly active in education, going as far as endorsing school board members in their races across the state, and enacting laws on curriculum transparency and parental rights.

    “Even four years after the events of February 14, 2018, the final report of the Grand Jury found that a safety-related alarm that could have possibly saved lives at Marjory Stoneman Douglas High School ‘was and is such a low priority that it remains uninstalled at multiple schools,’ and ‘students continue to be educated in unsafe, aging, decrepit, moldy buildings that were supposed to have been renovated years ago,’” the press release states.

    “These are inexcusable actions by school board members who have shown a pattern of emboldening unacceptable behavior, including fraud and mismanagement, across the district,” the press release continued.

    “It is my duty to suspend people from office when there is clear evidence of incompetence, neglect of duty, misfeasance or malfeasance,” said DeSantis. “The findings of the Statewide Grand Jury affirm the work of the Marjory Stoneman Douglas School Safety Commission. We are grateful to the members of the jury who have dedicated countless hours to this mission and we hope this suspension brings the Parkland community another step towards justice. This action is in the best interest of the residents and students of Broward County and all citizens of Florida.”

    In their place, DeSantis has appointed Torey Alston, former Commissioner of the Broward County Board of County Commissioners and President of Indelible Solutions, Manual “Nandy” A. Serrano, member of the Florida Sports Foundation Board of Directors, Ryan Reiter, a US Marine Corps Veteran and Director of Government Relations for Kaufman Lynn Construction, and Kevin Tynan, Attorney with Richardson and Tynan, who previously served on the Broward County School Board and South Broward Hospital District, to take the suspended members’ places.

  • Undercover mom shocked by official transexual propaganda depravity.

    Rachel, a Brooklyn mom with a gender-dysphoric child…went undercover as a pre-teen in the chat, searching for resources for detransitioners. She found none.

    Instead, she opened a “Pandora’s box” of sexually perverse content, aggressive gender re-assignment referrals, adults encouraging minors to hide their transitions from their parents, and many troubled kids in need of psychological counseling. She shared screenshots of the chat with National Review.

    Rachel says she looked to the Trevor Project in desperation, “when I thought my child was going to kill herself.” The organization frequently claims that LGBT youth are more than four times more likely to attempt suicide than their peers. It claims to be a refuge for these people with its crisis services including TrevorLifeline, TrevorText, and TrevorChat.

    Under the advice of a “highly credentialed” medical and mental-health team, Rachel and her husband decided to socially transition their child a few years ago, she told National Review. After that, her child was hospitalized three times for self-harm and suicidality, including at least one suicide attempt. In New York, due to a ban on psychotherapy, so-called gender affirmation was the only legal option they could pursue, she said.

    They were at their wit’s end, until her spouse sat her down and presented her with a PowerPoint, showing statistics that people who transition are, by a huge factor, much more likely than the general public to commit suicide.

    “My jaw hit the floor. I said, ‘Oh my God we’ve been lied to’,” she says.

    Since then, Rachel, a lifelong Democrat and feminist, has been dedicated to exposing the child gender-transition craze, which she argues is driven by “predatory medicine” incentivized by the government.

    In TrevorSpace, she got a bird’s-eye view of the progressive non-profit giant that is claiming to save young lives but is really driving them further into existential rabbit holes, depravity, and potential danger, she said.

    She documented kids talking about how to buy binders, an undergarment that constricts breasts, behind their parents’ backs. “I know the way people usually do this is by ordering it to a friend’s house or something of the sort, but I don’t have anyone to do that with,” wrote a girl whose account says she’s under 18. “I have money and know where I want to get it from and all that. I just need a means of getting it.” Another user suggested she have the binder sent to a post office where she could pick it up without her parents’ knowledge. Other users were referred to eBay to purchase a packer, or an artificial appendage meant to mimic a penis.

    When people sign up for TrevorSpace, they have the option of placing themselves within the age ranges of “under 18” or “18-25.” The community is open to people 13-24, according to the site. There is no system in place to confirm a person’s age, Rebecca says and National Review confirmed. She also said she noticed entries from people claiming to be over 25 too, as well as guest accounts with no age listed.

    Other teens, presumably girls transitioning to boys, testified to the effectiveness of Minoxidil, an over-the-counter medication that stimulates facial hair growth. “Can I get and use Minoxidil without my parents knowing?” a girl asked.

    The kids Rachel followed on TrevorSpace spanned a diverse spectrum of gender disorientation, some confident in their belief that they were the opposite sex and some just gender curious. But, as Rachel observed, they were all pointed in one direction: gender transition. In a significant number of cases, adults gave minors this validation.

  • “5th Circuit Rules Govt Cannot Punish Religious Hospitals for Refusing to Perform Abortions, Gender Transitions.”
  • Queer Theory is Queer Marxism.”
  • Gibson’s Bakery finally wins complete victory in their case, as Ohio’s Supreme Court refused to hear Oberlin College’s appeal. “It means the Gibsons now can collect approximately $36 million.”
  • Argentina’s Vice President Cristina Fernandez de Kirchner survives an assassination attempt when the assailant’s gun jams.
  • Californians Told Not to Charge Electric Cars Days After Gas Car Sales Ban.”
  • Speaking of California’s delusional green agenda, a whole lot of Democrat-controlled states have adopted California’s green insanity by proxy, Virginia among them.
  • Poland is not going to get any recovery funds until they start electing leftwing politicians.
  • Anti-Immigrant, Eurosceptic Sweden Democrats Set To Become Nation’s 2nd Largest Party.”
  • Another day, another high profile Kamala Harris aide leaving. “Herbie Ziskend, a senior communications adviser, announced that he is leaving Harris’s side for the West Wing, where he will be the new White House deputy communications director.”
  • Bill Maher Slams Libs Defending Censorship Of Hunter Laptop: ‘He was selling the influence of his father, Joe Biden.'”
  • Joe Rogan tells listeners to ‘vote Republican,’ bashes Dems’ COVID-19 ‘errors.’” (Hat tip: Sarah Hoyt at Instapundit.
  • “Some people collect Pokemon cards, but this guy collects felonies.”
  • French tax agency deploys AI to find high ranking government official who are embezzling. Ha, just kidding! They’re using it to find and tax unreported pools.
  • Greg Gutfeld is driving the enemy before him and hearing the lamentations of Stephen Colbert. (Hat tip: Stephen Green at Instapundit.)
  • Texas Applies to Build Molten Salt Nuclear by 2025.”
  • Russian drone hacked midflight by Ukrainians.
  • The last Luftwaffe raid against the UK happened April 21, 1945, less than two weeks before Hitler committed suicide, and some three weeks before VE Day. The planes took off from occupied Stavanger, Norway, and it didn’t work out well for the Germans…
  • Critical Drinker is is not impressed with The Rings of Power. “It’s shiite.”
  • “Harvard To Pay Elizabeth Warren $400,000 To Teach Class On Why College Is So Expensive.”
  • You’d think the recent rains would have washed more dust out of the air…

    (Hat tip: Ace of Spades HQ.)

  • Fifth Circuit Court Starts Dismantling The Administrative State

    Thursday, May 19th, 2022

    American Civics 101 teaches us that there are three branches of the American government: Executive, Legislative and Judicial. However, that clean, elegant division started to go awry in the early 20th century (some would place the problems even earlier) with the creation of the Federal Reserve and the vast expansion of the administrative state under the New Deal.

    One blow to that traditional tripartite division of federal powers was the creation of administrative courts for independent agencies. Yesterday, the Fifth Circuit Court of Appeals (which includes Texas) ruled such courts were unconstitutional.

    The Securities and Exchange Commission’s in-house judges violate the U.S. Constitution by denying fraud defendants their right to a jury trial and acting without necessary guidance from Congress, the 5th U.S. Circuit Court of Appeals ruled on Wednesday.

    The court ruled 2-1 in favor of hedge fund manager George Jarkesy Jr and investment advisor Patriot28 LLC, overturning an SEC administrative law judge’s determination that they committed securities fraud.

    A spokesperson for the SEC and counsel for the petitioners did not immediately respond to a request for comment on Wednesday.

    The Dodd-Frank Act, which Congress passed after the 2008 financial crisis, expanded the SEC’s ability to seek penalties in its administrative proceedings.

    In the ruling Wednesday, the majority said that because seeking penalties is akin to debt collection, which is a private right, the defendants were entitled to a jury trial.

    The SEC had argued that it was acting to protect investors and enforce public rights found in the securities laws.

    The majority also found that SEC judges, known as administrative law judges, lack authority under the Constitution because Congress did not provide guidance on when the SEC should bring cases in-house instead of in a court.

    U.S. Circuit Court Jennifer Walker Elrod, joined by Circuit Court Judge Andrew Oldham, penned the majority opinion.

    This is a long overdue trimming of the unelected administrative state and a restoration of the division of responsibilities between the three branches that forms part of the Constitution’s vital system of checks and balances. However, given the potentially far-reaching effects of the decision, expect first an en banc hearing of the Fifth Circuit, and then an appeal to the Supreme Court.

    LinkSwarm for November 19, 2021

    Friday, November 19th, 2021

    Kyle Rittenhouse found innocent, vaccine mandates are halted, Kamala is sinking, and the media continues stinking. Plus two scoops of Joe Rogan. It’s the Friday #LinkSwarm!
    

  • Kyle Rittenhouse found not guilty on all counts. Self defense is still legal in the United States. Now let the lawsuits against everyone who called Rittenhouse a “murderer” and/or “white supremacist” begin.
  • If you got your facts about the Rittenhouse case from the mainstream media, then just about everything you know is a lie.

    Here is what I thought was true about Kyle Rittenhouse during the last days of August 2020 based on mainstream media accounts: The 17-year-old was a racist vigilante. I thought he drove across state lines, to Kenosha, Wisc., with an illegally acquired semi-automatic rifle to a town to which he had no connection. I thought he went there because he knew there were Black Lives Matter protests and he wanted to start a fight. And I thought that by the end of the evening of August 25, 2020, he had done just that, killing two peaceful protestors and injuring a third.

    It turns out that account was mostly wrong.

    Unless you’re a regular reader of independent reporting — Jacob Siegel of Tablet Magazine and Jesse Singal stand out for being ahead of the pack (and pilloried, like clockwork, for not going along with the herd) — you would have been served a pack of lies about what happened during those terrible days in Kenosha. And you would have been shocked over the past two weeks as the trial unfolded in Wisconsin as every core claim was undermined by the evidence of what actually happened that night.

    This wasn’t a disinformation campaign waged by Reddit trolls or anonymous Twitter accounts. It was one pushed by the mainstream media and sitting members of Congress for the sake of an expedient political narrative—a narrative that asked people to believe, among other unrealities, that blocks of burning buildings somehow constituted peaceful protests.

    CNN and Rep. Ayanna Pressley examples snipped.

    But just as in the cases of Covington Catholic’s Nick Sandmann or Jussie Smollet or the “Russia-collusion” narrative, almost none of the details holding up that politically convenient position (boys in MAGA hats are bigoted; racism is as much a blight as it has always been; Trump conspired with Putin) were true.

    Take each in turn:

    First, the idea that Kyle Rittenhouse was a white supremacist.

    There was zero evidence that Rittenhouse was connected to white supremacist groups at the time of the shooting. He was a Trump supporter, yes, though he wasn’t old enough to vote. He was an admirer of police and firefighters, also true. He was a lifeguard. He’d been part of a “police explorer” program, and was also a firefighter/EMT cadet with the fire department in Antioch, Illinois, where he lived with his mom and two sisters.

    That Rittenhouse had no connection to Kenosha.

    In addition to having a job in Kenosha, Rittenhouse testified that much of his family lived there: his father, his grandma, his aunt and uncle, and his cousins. He also testified that on the morning of the shootings, he went downtown with his sister and friends to see the damage done by rioting the night before, and spent about two hours cleaning graffiti off of the local high school.

    That Rittenhouse drove across state lines with a gun that night to oppose the protests.

    This was a line that we heard constantly—never mind that Antioch, Illinois, is about 20 miles from Kenosha, Wisconsin. As the trial has shown, Kyle Rittenhouse did not travel to Kenosha to oppose protesters. He testified under oath that he had traveled to Kenosha for his job the night before the shootings, and was staying at a friend’s house.

    So what about the gun?

    Rittenhouse didn’t bring the gun to Kenosha. The gun was purchased for Rittenhouse months earlier by a friend and stored in Kenosha at the home of that friend’s stepfather, as then-17-year-old Rittenhouse was too young to purchase it.

    But it was illegal for him to even have the gun given that he wasn’t yet 18 years old, right?

    That is not true. Under Wisconsin law, 17-year-olds are prohibited from carrying rifles only if they are short-barreled. The weapon Rittenhouse was carrying was not short-barreled. Which is why, during closing arguments, the court threw out the charge.

    He was out there looking for a fight, and he got one: He killed two people and severely wounded a third.

    Unless there’s evidence we haven’t seen, there’s no clear indication that Rittenhouse sought to kill anyone. What we know is that he showed up with a first aid kit and an AR-15-style rifle. Video evidence, and Rittenhouse’s own testimony, indicates that he offered medical assistance to protestors and ran with a fire extinguisher to try to put out fires—and that later, after being pursued, he killed two people, Joseph Rosenbaum and Anthony Huber, and severely wounded a third. Both video evidence and the only living person that Rittenhouse shot that night, Gaige Grosskreutz, undermined the idea that Rittenhouse was simply an aggressor looking for a fight. During cross examination Grosskreutz acknowledged that Rittenhouse shot him only after Grosskreutz had pointed his own gun at Rittenhouse. Here’s how it went down:

    Defense attorney: When you were standing three to five feet from him with your arms up in the air, he never fired, right?

    Grosskreutz: Correct.

    Defense attorney: It wasn’t until you pointed your gun at him, advanced on him with your gun—now your hand’s down pointed at him—that he fired, right?

    Grosskreutz: Correct.

  • The left is taking the Rittenhouse acquittal with their usual grace and restraint.
  • Media Found Guilty On All Counts.”
  • “Antifa Forced To Postpone Riot As Brick Supply Still Stuck On Cargo Ship.”
  • “Rittenhouse, Sandmann Agree To Share Joint Custody Of CNN.”
  • The Fifth Circuit Court of Appeals enjoined OSHA from carrying out Joe Biden’s unconstitutional vaccine mandate.

    The Court ordered that “Enforcement of the Occupational Safety and Health Administration’s ‘COVID-19 Vaccination and Testing; Emergency Temporary Standard’ remain[] stayed pending adequate judicial review of the petitioners’ underlying motions for a permanent injunction.” It further ordered that “OSHA take no steps to implement or enforce the Mandate until further court order.”

    Behind this language lies a forceful critique of the Biden mandate. The opinion is here.

    One of the factors a court considers in deciding whether to issue a stay is the likelihood that the party seeking it will prevail on the merits. The petitioner must make a strong showing of likelihood of success.

    The Fifth Circuit found that the petitioners in this case made that showing. This finding means that the Biden administration almost surely will lose in the Fifth Circuit when the court makes its definitive ruling on the merits.

    The court cited a “multitude of reasons” why those challenging the mandate will likely succeed on the merits. The first one, which it described as “obvious,” is this:

    The Occupational Safety and Health Act, which created OSHA, was enacted by Congress to assure Americans “safe and healthful working conditions and to preserve our human resources.” See 29 U.S.C. § 651 (statement of findings and declaration of purpose and policy). It was not—and likely could not be, under the Commerce Clause and nondelegation doctrine—intended to authorize a workplace safety administration in the deep recesses of the federal bureaucracy to make sweeping pronouncements on matters of public health affecting every member of society in the profoundest of ways.

    Furthermore, the “sweeping pronouncements” implicit in OSHA’s order are badly flawed. For example, the court noted that the mandate is both over-inclusive and under-inclusive. On one hand, it covers employees in nearly every industry regardless of their risk of exposure (there is “little attempt to account for the obvious differences between the risks facing, say, a security guard on a lonely night
    shift, and a meatpacker working shoulder to shoulder in a cramped warehouse”) and “doesn’t exempt those with natural immunity.” On the other hand, it arbitrarily excludes employers with fewer than 100 workers.

    Fatally to the mandate, the court found that its promulgation “grossly exceeds OSHA’s authority.” It noted that OSHA’s statutory authority to establish emergency temporary standards “is an ‘extraordinary power’ that is to be ‘delicately exercised’ in only certain ‘limited situations.’”

  • And, miracle of miracles, OSHA announced that they will actually heed the court’s opinion and suspend vaccine mandate enforcement. A federal agency heeding a rational federal court decision shouldn’t be a surprise, yet here we are.
  • How unpopular is Kamala Harris? Democratic Media Complex house organ CNN published a scathing hit piece on her.

    Worn out by what they see as entrenched dysfunction and lack of focus, key West Wing aides have largely thrown up their hands at Vice President Kamala Harris and her staff — deciding there simply isn’t time to deal with them right now, especially at a moment when President Joe Biden faces quickly multiplying legislative and political concerns.

    The exasperation runs both ways. Interviews with nearly three dozen former and current Harris aides, administration officials, Democratic operatives, donors and outside advisers — who spoke extensively to CNN — reveal a complex reality inside the White House. Many in the vice president’s circle fume that she’s not being adequately prepared or positioned, and instead is being sidelined. The vice president herself has told several confidants she feels constrained in what she’s able to do politically.

    Wait, the warm bucket of spit feels “constrained”? Do tell…

    And those around her remain wary of even hinting at future political ambitions, with Biden’s team highly attuned to signs of disloyalty, particularly from the vice president.

    Worn out by what they see as entrenched dysfunction and lack of focus, key West Wing aides have largely thrown up their hands at Vice President Kamala Harris and her staff — deciding there simply isn’t time to deal with them right now, especially at a moment when President Joe Biden faces quickly multiplying legislative and political concerns.

    The exasperation runs both ways. Interviews with nearly three dozen former and current Harris aides, administration officials, Democratic operatives, donors and outside advisers — who spoke extensively to CNN — reveal a complex reality inside the White House. Many in the vice president’s circle fume that she’s not being adequately prepared or positioned, and instead is being sidelined. The vice president herself has told several confidants she feels constrained in what she’s able to do politically. And those around her remain wary of even hinting at future political ambitions, with Biden’s team highly attuned to signs of disloyalty, particularly from the vice president.

    Social justice “first woman of color” blather snipped. But lets skip down to where Team Harris gets all snippy over a potential rival:

    Last month, White House aides leapt to the defense of Transportation Secretary Pete Buttigieg, who was being hammered with outrage by Fox News host Tucker Carlson and like-minded online pundits for taking paternity leave after the adoption of his twins in September. Harris loyalists tell CNN they see in that yet another example of an unfair standard at play, wondering why she didn’t get similar cover any of the times she’s been attacked by the right.

    “It’s hard to miss the specific energy that the White House brings to defend a White man, knowing that Kamala Harris has spent almost a year taking a lot of the hits that the West Wing didn’t want to take themselves,” said a former Harris aide, reflecting conversations last month among several former aides and current allies.

    (Imagine there’s an animated hissing cat gif here.)

    Anyway, it’s worth reading the whole thing to read how incompetent she and her staff seem at just about everything, and to tote up all the petty slights to Harris, who was only there to bring in black votes in (and didn’t do a great job of that), and now she’s completely disposable.

  • Alexandra DeSanctis is even less charitable:

    Despite ending her lackluster campaign for president with a mere 3 percent support among the Democratic electorate, Harris was nevertheless the most obvious pick within the narrow bucket to which Biden had been confined. (Never mind that the apex of her support during the primary campaign came when she savagely attacked Biden on the debate stage, essentially calling him a racist for opposing busing during his time in the Senate, and that she repeatedly said she believed women who had accused Biden of sexual misconduct.)

    The simple fact is that Harris is not a good national politician. She is ineffective and unlikeable at best, and, at worst, so unpopular that she’s actively damaging to the administration, likely why Psaki has had to turn to absurdities in an effort to defend her. (Democrats have developed a nasty habit of responding to voters who don’t like them by accusing said voters of racism.)

    In Harris’s case, these excuses are because the truth hurts. She has little to no sway with key votes in Congress. She has next to no relevant policy or diplomatic expertise. These facts shouldn’t come as a surprise, seeing that she holds her office not because of her popularity or any relevant skillset but primarily because of her identity.

    Had she not been picked as Biden’s running mate, she would’ve remained in a far more advantageous position, keeping a comfortable position in the Senate that would be nearly impossible for her to lose. She was already a media darling, popular among progressives for her supposed ability to “own” conservative nominees during hearings. Rather than winding up in a position with little chance to showboat or collect media accolades, she might’ve remained right there, where her lack of popularity with the national electorate was essentially irrelevant.

    In a backwards way, Harris finds herself holding a position in which she’s ill-equipped to succeed precisely because of identity politics, which motivated Biden to pick a running mate so ill-suited to the job.

  • How unpopular? 28% approval. Usual poll caveats apply. So her numbers might not even be that high!
  • More from Charles Cooke:

    That America’s voters disdain Harris as much as they obviously do gives me an extraordinary amount of hope for our future. In December of 2019, I celebrated Harris’s departure from the presidential primary with a “good riddance” that turned out to be woefully premature: “May Harris’s failed attempt,” I hoped, serve to “destroy her career and sully her reputation for all time.” Alas, the first part did not happen; on the contrary, Harris was springboarded up to within a heartbeat of the most potent office in the land. But the second part? Well, I got that in abundance. We are now ten months into this baleful presidency, and already Harris is the most unpopular vice president in history. And they say Christmas doesn’t come early!

    Harris’s apologists like to insist that she is as unpopular as she is because she’s a non-white woman. But this explanation gets the cause of the disapproval backwards. Kamala Harris isn’t disliked because she’s a non-white woman; Kamala Harris was chosen as vice president because she’s a non-white woman, and she’s disliked because she has nothing to recommend her beyond those facts. In the highest of high dudgeon, her defenders will propose that this is Joe Biden’s fault, for not “using” Harris correctly in her role. But this too is unjust. In truth, there is no good way to “use” Kamala Harris, because Kamala Harris is a talentless mediocrity whose only political flair is for making things worse than they were before she arrived.

  • And her staff knows it. “Kamala Harris’s communications director Ashley Etienne is leaving the vice president’s office after reports staff are in-fighting and her boss is being sidelined.”
  • Kurt Schlichter celebrates the fact that Democrats want to restore tax deductions for rich swells like himself.

    want to thank the Democrats for giving me, a trial lawyer living in Los Angeles, exactly what I need – a big, heaping tax cut. In their reconciliation bill, there are plenty of giveaways for lay-abouts, losers, and grifters, but also for us living by the beach getting hit with huge state taxes rendered un-deductible by that evil Donald Trump, notorious friend to the rich who he…shafted. Anyway, the Dems are going to wrong this right and fix this manifest justice, though – they are going to make essentially all the money I hand over to the socialist clique that runs the formerly Golden State (and it is a lot) deductible once again.

    Cool. Well, for me and other lawyers and similar blue state swells.

    People often ask me why I stay in California, to which I reply, “I don’t explain myself to people – buzz off.” But if I were to explain myself to people, I would point out that despite being awash with Californians, California has beautiful weather, my family is nearby, and here I get to be part of the feudal aristocracy sucking the life from working people to fuel my extravagant lifestyle.

    See, California was designed for lawyers and similar high-status low-lifes, and the beachside communities where the petty royals dwell do not experience a fraction of the hellish nightmare you see on TV. Oh, what you see is real, just not for those in the Birkenstock nobility. You see videos of hordes of hobos leaving their junkie spoor on the sidewalks and that happens, just not to the people that Prince Gavin of Newsom cares about. I don’t think he cares about me personally mind you, but he cares a lot about my ZIP code.

    You can drive ten minutes from my castle and be worried about someone stealing your hubcaps. Once you start heading east over the 405 (That’s I-405 to people who don’t live in LA) real life comes and bites you hard, and the farther east you go, the harder it bites. The roads are trash – gee, I sure expect the infrastructure bill will totally make them nice again – and the schools are cesspits of violence and commie indoctrination, but the peasants just need to accept their lot in life and not complain. Their bitching would ruin our wine tasting.

    Of course, I might have more sympathy for these poor devils if they had not lobbied so hard for the role of “Serf #3” in California’s production of “Game of Bums.” They voted for this. They got this. It’s all theirs.

    

  • “It’s Not Just White People: Democrats Are Losing Normal Voters of All Races.” Results from a focus group of Virginia voters “who voted Democrat, Democrat, Republican in the last three elections.”

    When asked which party had better policy proposals, the group members overwhelmingly said Democrats. But when asked which party had cultural values closer to theirs, they cited Republicans.

    The biggest disconnect came on education. Barefoot found that school closures were likely a big part of their votes for Youngkin and that frustration at school leadership over those closures bled into the controversy, pushed by Republicans, around the injection of “critical race theory” into the public school setting, along with the question of what say parents should have in schools. One Latina woman talked about how remote school foisted so much work on parents, yet later Terry McAuliffe, the Democratic nominee and former governor, would insist that parents should have no input in their children’s education. (That’s not exactly what he said, but that’s how it played.) As she put it: “They asked us to do all this work for months and then he says it’s none of our business now.”

    The anger they felt at Democrats for the commonwealth’s Covid-19 school closure policy became further evidence of a cultural gap between these working people and Democratic elites, who broadly supported prolonged school closures while enjoying the opportunity to work remotely. Those with means decamped: Enrollment in Fairfax County schools dropped 5 percent, and fell by 3.9 percent and 3.4 percent in Arlington and Loudoun counties, respectively. Those who were left behind organized parent groups to pressure the schools to reopen. Though the groups tended to be nonpartisan or bipartisan at the start, Republican donors and conservative groups poured money and manpower into them, converting them into potent political weapons that blended anger at the closures with complaints about Democratic board members prioritizing trendy social justice issues — all of it aimed at the November elections.

    “They keep saying ‘a strong return to school,’ but there’s no details,” said Saundra Davis on Fox News over the summer, co-founder of one large group, called the Open Fairfax Public Schools Coalition. “Their attention is on other things, like their pet projects and social justice issues, and the kids have been left to flounder and there’s still no plan for fall.”

    “You’ll be surprised to know I’m a Democrat,” she said. “I’ve tried to warn them that there’s a bipartisan tidal wave coming their way. They don’t look us in the eye, they don’t write us back. If we can’t recall them one by one, there’s an election in November.”

    Ignore the parts where the writer regurgitates Democratic Party talking points (“for the portion of the Republican base heavily predisposed to racial prejudice,” “Few people read the full 1619 Project put out by the New York Times in 2019, which is a rich tapestry of thoughtful essays and reporting about the role of slavery in the development of the United States.”) and pay attention to what the focus group members of all races are saying. “The Democratic problem with working-class voters goes far beyond white people.”

  • Evidently one American sport is willing to stand up to China: Women’s tennis.

    The head of the Women’s Tennis Association Steve Simon has said he is willing to lose hundreds of millions of dollars worth of business in China if tennis player Peng Shuai’s safety is not fully accounted for and her allegations are not properly investigated.

    “We’re definitely willing to pull our business and deal with all the complications that come with it,” Simon said in an interview Thursday with CNN. “Because this is certainly, this is bigger than the business,” added Simon.

    “Women need to be respected and not censored,” said Simon.

    Peng, who is one of China’s most recognizable sports stars, has not been seen in public since she accused former Vice Premier Zhang Gaoli of coercing her into sex at his home, according to screenshots of a since-deleted social media post dated November 2.

    Her post on Weibo, China’s Twitter-like platform, was deleted within 30 minutes of publication, with Chinese censors moving swiftly to wipe out any mention of the accusation online. Her Weibo account, which has more than half a million followers, is still blocked from searchers on the platform.

  • Speaking of victims being pressured not to speak of rape, “Mom of Loudon County rape victim says family was told to keep quiet.”

    The mother of a Virginia girl who was raped by a classmate inside a school bathroom reportedly said that she and her husband had been pressured to keep quiet about the incident — and had no clue the 15-year-old boy was then transferred to another school until last month.

    “We were silenced for many months,” Jessica Smith told the Daily Mail in her first interview since her daughter was raped at Stone Bridge High School in Loudoun County in May. “We were told not to say a word that could jeopardize our daughter’s case.”

    The boy was found guilty last month of the sexual attack, which sparked a heated confrontation between the victim’s father and school board members.

    There seem to be no crimes the left wing won’t condone in their quest to impose “Social Justice” on resisting Americans.

  • “Missouri Mom Banned From School Board Meeting For Showing Board Members ‘Porn’ Allegedly Available To Students.”
  • Now that Flu Manchu is striking blue northern states much harder than red southern ones, the media seems suddenly disinterested in accusing governors of being merchants of death.
    

  • Joe Rogan savages critics calling black Republicans ‘black white supremacists’: ‘They’re out of their f***ing mind.”
  • Unbelievable:

  • “House Speaker Nancy Pelosi confirmed Thursday that Democrats’ $2 trillion reconciliation bill will force American taxpayers to fund abortions.”
  • Heh: “DeSantis Signs Anti-Vaccine Mandate Package in Brandon, Fla.” “The new law will require employers to allow vaccine exemptions over health, religion, pregnancy, and expected pregnancies in the future, as well as recovery from a previous case of the China flu.” (Hat tip: Stephen Green at Instapundit.)
  • “A Virginia university has placed an assistant professor on administrative leave after the educator sparked heated backlash for saying it isn’t necessarily immoral for adults to be sexually attracted to children.” Allyn Walker, step right up, you’re the next contestant on The Perv is Wrong!
  • St. Paul passes rent control legislation. Result: Developers start pulling the plug on projects.
  • This week marked the 50th anniversary of the world’s first microprocessor, the Intel 4004. There have been a lot of milestones on the road to the high tech world we live in today, but that was one of the biggest.
  • The rare good kind of irony: A team of firefighters was practicing water rescue when a car drove into the water and they had to perform a real water rescue.
  • Bill introduced to designate the Muslim Brotherhood a terrorist organization.
  • Elke Kahr, an actual communist elected mayor of Graz, Austria. That country really does seem to be going to hell lately…
  • After exposure from Texas gubernatorial candidate Don Huffines, Department of Family and Protective Services backs down on requiring employees to take a Critical Race Theory class.
  • The red-pilling of Bill Maher continues apace:

    “I get it! Your ideas are stupid!” Though his “I’m going to pause here for the applause” delivery here is still annoying.

  • You may be macho, but you’ll never be swim out to pull a 400 pound drowning bear back to shore macho. (Hat tip: Instapundit.)
  • The German islands linked by tiny railroads.
  • “Oh No! 85,000 Trump Ballots Found Inside Biden’s Colon.”
  • Boom! “USNS Harvey Milk To Be Manned Entirely By Crew Of Underage Boys.”
  • Cute dog video:

  • I had another dozen or two links I didn’t get to because the Rittenhouse news dropped. Maybe I’ll do another mini-swarm Thanksgiving week…