Posts Tagged ‘Supreme Court’

LinkSwarm for August 5, 2022

Friday, August 5th, 2022

Ron DeSantis drives more enemies before him, the Biden Administration keeps doubling down on tranny madness, Batgirl dies for DC’s sins, and the most “Ewww” inducing headline of the year. It’s the Friday LinkSwarm!



  • Why America can’t build.

    Construction projects are undertaken within a legal and regulatory system that presents persistent, costly obstacles, while projects are being overseen by agencies who lack the resources and in some cases even the expertise to manage them.

    Sepulveda’s numerous lawsuits and stakeholder conflicts are an example of a phenomenon that can be traced back to the passage of the National Environmental Policy Act (NEPA) in 1969. NEPA mandates developers to provide environmental impact statements before they can obtain the permits necessary for construction on huge swathes of infrastructure.

    Shortly following the passage of NEPA, California’s then-governor Ronald Reagan signed the California Environmental Quality Act (CEQA) into law, which required additional environmental impact analysis. Unlike NEPA, it requires adopting all feasible measures to mitigate these impacts. Interest groups wield CEQA and NEPA like weapons. One study found that 85 percent of CEQA lawsuits were filed by groups with no history of environmental advocacy. The NIMBY attitude of these groups has crippled the ability of California to build anything. As California Governor Gavin Newsom succinctly put it, “NIMBYism is destroying the state.”

    It is also destroying the U.S.’s ability to build nationally. The economist Eli Dourado reported in The New York Times that “per-mile spending on the Interstate System of Highways tripled between the 1960’s and 1980’s.” This directly correlates with the passage of NEPA. If anything, the problem has gotten worse over time. Projects receiving funding through the $837 billion stimulus plan passed by Congress in the aftermath of the financial crises were subject to over 192,000 NEPA reviews.

    The NEPA/CEQA process incentivizes the public agencies to seek what is often termed a “bulletproof” environmental compliance document to head off future legal challenges. This takes time, with the average EIS taking 4.5 years to complete. Some have taken longer than a decade. A cottage industry of consultants is devoted to completing these documents, earning themselves millions in fees.

    The NEPA consultants are just one of the numerous types of consultants that benefit from the way we build. Most infrastructure in the U.S. is built through a huge number of state and local agencies: for example, there are 51,000 community water systems alone in the U.S. This decentralized structure makes it much more difficult to develop the depth of expertise needed to manage the complexities posed by megaprojects. Often, the multiple public agencies that are involved with projects also have overlapping authorities, creating bureaucratic delays and slowing decision making.

    The expertise problem is compounded by the fact that agencies are often staffed with a workforce of people either just at the beginning of their careers or near the end of them. Those at the beginning tend to leave if they are ambitious, which leaves senior positions in the hands of agency lifers. Because of this dynamic, and the fact that it is not economically feasible to have the wide range of expertise needed in-house, public agencies employ engineering consulting firms. These firms fill a valuable niche. If you are building a complex project—say, a long-span bridge or a desalination plant—you want advice from someone who has designed and built dozens of them. The problem arises when you become too dependent on such advice.

    The High-Speed Rail project was undermined by such a failure. At its peak, the agency responsible for the project, the California High-Speed Rail Authority, had fewer than 30 permanent employees managing the $105 billion project. Instead of hiring staff, the Authority relied heavily on outside consultants. These consultants were well paid, with the primary consultant compensation for HSR at $427,000 per engineer, compared with the Authority’s in-house cost of $131,000 per engineer. This structure creates a principal-agent problem where they are incentivized to maximize their billable hours. As a California State Auditor assessment of the project noted, consultants “may not always have the state’s best interest as their primary motivation.”

    This lack of in-house institutional expertise leads to bad decision-making. Bent Flyvbjerg, a professor at Oxford University who has written extensively about megaprojects summarized the problem when asked about California’s HSR project: “If you depend on consultants to know what you are doing then you are in real trouble…a good balance is where the owners are not outsourcing all the knowledge. A bad balance guarantees a bad outcome.”

    The pitfalls of this lack of balance appeared before large parts of the project began. In 2014, Dragados, the contractor for a 63-mile section of the HSR, proposed radical design changes that they projected could save $300 million. The fact that Dragados’s bid was $500 million lower than its competitors and that it rested upon a design concept that had not been thoroughly vetted should have caused alarm. As a senior engineer who worked on the original environmental compliance document for HSR and reviewed the concepts told the Los Angeles Times, “it is mind-boggling they would entertain some of the things that Dragados proposed.”

    Dragados’s approach may have been driven by the fact it didn’t have the experience of its competitors; it had never built a rail project in the U.S. before and needed an edge to be selected. It was a measured risk because it knew there were ways to limit its financial exposure if its design ideas didn’t work. A Los Angeles Times investigation of the project in 2021 found Dragados had issued 273 change orders for additional payment and had completed less than 50 percent of its planned work four years after its section was supposed to be complete. Its design ideas had been almost completely abandoned as unworkable and Dragados’s section of the work was $800 million over budget.

    The principal-agent problem arises with union construction labor as well. Skilled union workers, such as electricians and carpenters, make solid hourly wages, but their pay really explodes with overtime. A 2011 study by the Real Estate Board of New York found that some union crane operators made up to $500,000 a year in pay. Union contracts mandate unnecessary positions as well, to the benefit of its members. The same study found 50 workers in unnecessary positions such as relief crane operators on the World Trade Center Project, including 14 unproductive employees making $400,000 a year at the project.

    Similar statistics can be found on other projects; an investigation into the costs of the East Side Access rail project in New York, which cost nearly $3.5 billion for each new mile of track, found that only 700 of the 900 workers being paid on the project were needed. A TBM, which is largely run automatically and typically staffed with under 10 people, ostensibly had 25 or 26 people working on it. Because you can’t drill without a TBM, and you can’t build a high-rise without a crane operator, these union workers have inordinate power.

    A common retort to the claim that union labor drives up costs is that other countries, especially in Europe, have both high union participation and lower project costs. But it is widely recognized in the industry that unions increase project labor costs by 20 to 25 percent on average in the U.S.

    The fundamental problem isn’t unions per se, but rather the way that unions operate within parts of the U.S. system. The Netherlands has strong unions, but the Port of Rotterdam has been automated to an extent that has proven impossible in the U.S. due to union resistance. As the president of the International Longshoremen’s Association, Harold Dagget, recently put it, his union will “fight tooth and nail” against further automation in the U.S. Any attempt at real construction innovation runs into similar barriers at every level of the system. There are too many layers of permission needed to innovate, including groups whose interests run counter to innovation.

    Innovation in physical work ultimately means substituting or complementing labor through technology to improve productivity. If your pay depends on overtime, you want inefficiency. The average dockworker at the Port of Los Angeles makes over $100,000 a year, largely due to overtime. The majority of foremen and managers earn more than $200,000, and the mariners who guide ships in and out of the port average nearly $450,000.

    The result is that innovation is inhibited by both labor resistance and a decentralized government bureaucracy that has neither the incentives nor the capability of driving real change. Perhaps it should not be shocking that U.S. construction productivity has fallen by half since the 1960s according to research conducted by the consulting firm McKinsey.

    Rent-seeking Uber Alles.

  • Soros slammed for America’s crime wave. Including this handy chart:

    In San Francisco, Soros-funded DA Chesa Boudin has seen a flood of departures from his office due to his criminal justice reform policies.

    Boudin campaigned on a platform to end mass incarceration, eliminate cash bail, and vowed to create a panel to review sentencing and potential wrongful convictions. Following his election in November 2019, Boudin announced he would deemphasize the prosecution of drug cases, so-called quality-of-life cases, and property offenses.

    Under his watch, vehicle break-ins increased 100-750% in parts of the city between 2020 and 2021, with the number of reported vehicle thefts reaching 1,891 in May 2021—more than double the 923 reported in May 2020.

    San Francisco also recorded one of the largest increases in burglaries among major cities last year, with a jump of 47 percent—a trend that has continued this year. Fatal and nonfatal shootings in the first six months of this year were up more than 100 percent from the year-earlier period, increasing to 119 from 58, the city’s police chief said at a July press conference.

    More than 700 people died of drug overdoses in 2021 in the city, a record that is likely to be surpassed this year, according to the chief medical examiner.

    Rudy Giuliani – the former Mayor of New York City whose claim to fame was a massive reduction in crime (and who’s traded barbs with Soros in the past), isn’t letting the billionaire off the hook.

    “If there is one single person responsible for the record increases in murder and violence in America’s cities it’s George Soros,” Giuliani said in a Monday tweet.

    “Major contributor to BLM, Antifa, Democrat Party, Biden, Harris and 40 or so pro Criminal DAs. The blood is on his hands,” he added.

  • Speaking of Soros, a resigning Chicago prosecutor slammed Soros-backed Illinois Attorney General Kim Foxx on his way out the door.

    Assistant State’s Attorney James Murphy described an understaffed office in turmoil in his email to colleagues, saying, “I cannot continue to work for an Administration I no longer respect.”

    “I would love to continue to fight for the victims of crime and to continue to stand with each of you, especially in the face of the overwhelming crime that is crippling our communities,” Murphy wrote. “However, I can no longer work for this Administration. I have zero confidence in their leadership.”

    Murphy, who could not be reached directly for comment, zeroed in on many of the issues that have made Foxx a target of opponents who argue she’s gone easy on some accused of violent crimes, as carjackings and gun violence have risen in the Chicago area.

    Murphy wrote that he first started thinking about leaving the office early in 2021 with Foxx’s involvement in the passage of the SAFE-T Act, a wide-ranging law that aims to reform the state’s approach to criminal justice, including by narrowing the definition of who can be charged with first-degree murder.

  • Florida Governor Ron DeSantis shows he plays for keeps by sending state police to physically remove a guy from his office for refusing to follow the law.

    DeSantis has suspended State Attorney Andrew Warren for ‘picking and choosing which laws to enforce based on his personal agenda,’ and has appointed Susan Lopez as his replacement during the suspension.

    Warren, who had served the Thirteenth Judicial Circuit, has most recently refused to follow state policy criminalizing abortion in the wake of the Supreme Court’s decision to overturn Roe v. Wade – and repeatedly refused to enforce laws cracking down on child sex-change surgeries, according to DeSantis.

    The liberal state attorney also declined to prosecute 67 protesters arrested in George Floyd demonstrations, and said in 2017 that he would only pursue the death penalty “in the very worst cases,” and not where “mental illness played a role.”

    “We are suspending Soros-backed 13th circuit state attorney Andrew Warren for neglecting his duties as he pledges not to uphold the laws of the state,” DeSantis’ office said in a statement, per Fox News.

    Update: DeSantis sent state police to physically remove Warren from his office, “with access only to retrieve his personal belongings, and (ii) to ensure that no files, papers, documents, notes, records, computers, or removable storage media are removed from the Office of the State Attorney…”

  • But that’s not the end of DeSantiss bad-assery this week. He also got PayPal to unfreeze Moms For Liberty’s account.

    PayPal has reportedly unfrozen Moms for Liberty’s account funds after Florida Gov. Ron DeSantis announced his state would crack down on woke banking.

    Payment platform PayPal allowed grassroots, anti-woke education group Moms for Liberty to access its funds after DeSantis’s new initiative against woke banking, Florida’s Voice reported. Moms for Liberty co-founder Tina Descovich reportedly told Florida’s Voice that her organization had been using PayPal for more than a year before the platform censored the group.

    Descovich reportedly said that many Moms for Liberty donors give monthly and automatically through PayPal. The payment processor not only stopped these donor payments but froze $4,500 belonging to Moms for Liberty, and prohibited any transfer of the money out of the account, according to Florida’s Voice. PayPal subsequently reversed its block by unfreezing the funds.

    PayPal notified Descovich that Moms for Liberty’s accounts were initially frozen during DeSantis’s July 15 speech at the Moms for Liberty National Summit, according to Florida’s Voice. The funds were unfrozen after DeSantis announced his initiative against woke banking.

    (Hat tip: Stephen Green at Instapundit.)

  • Biden’s Department of Agriculture is trying to destroy corn farming in America.

    The world is facing serious food and energy shortages as an outgrowth of the war in Ukraine and supply-chain shortages. Farmers are working to solve these problems, but we need help from the federal government if we are going to have any chance of success.

    That’s why national corn grower leaders recently called on the Biden administration to address regulatory overreach.

    That call comes after the U.S. Environmental Protection Agency recently revised its atrazine registration, a move that could restrict access to a critical crop protection tool that has been well tested and shown to be safe for use. Farmers fear that new requirements will impose arduous new restrictions and mitigation measures on the herbicide, limiting how much of the product they use.

    The atrazine decision comes on the heels of a development involving the herbicide glyphosate. In June, the U.S. Supreme Court refused to hear a case decided by a lower court from California, leaving in place a ruling that supports the claim that glyphosate use causes cancer – even as the EPA has repeatedly affirmed that the widely sold and well-studied herbicide is not carcinogenic.

    The Supreme Court’s decision came after the solicitor general in the Biden administration submitted an amicus brief advising the court against hearing the case.

    As a result, the door is now open for states to create a patchwork of regulations governing herbicide use, which will increase costs as manufacturers must now jump through hoops in every state, on top of making compliance difficult for the users of these products.

    Farmers in Iowa and across the country have also experienced major fertilizer price hikes and shortages over the last year, thanks in part to steps taken by the U.S. International Trade Commission to impose tariffs on fertilizers. Thankfully, ITC recently voted against adding tariffs on nitrogen fertilizers. But tariffs on phosphorous fertilizers from Morocco remain in place, driving up input prices for growers.

  • Speaking of foolish regulations that can contribute to famine, new “debarbonization” shipping rules could do just that.

    A new report found that more than 75% of ships will not meet the International Maritime Organization’s (IMO) new Environmental social and corporate governance (ESG) index aimed at decarbonizing the industry. This means that many ship owners will be forced to slow ships down to reduce emissions but doing so could deepen the global food and energy crisis by reducing available ship capacity.

    “IMO decarbonization targets will cause ships to slow down delaying food shipments and people will starve,” a global security analyst told gCaptain. “How many people will die as a result of the IMO’s ESG efforts is unknown at this time. I don’t think most shipowners even understand the severity of the EEXI threat but it could be millions of lives.”

    “Ships have to attain EEXI approval once in a lifetime, by the first periodical survey in 2023 at the latest.” The certification is currently voluntary, but banks and insurers may force ships to comply or be cut off. (Hat tip: Sarah Hoyt at Instapundit.)

  • Hanky panky in government jobs numbers?
  • Things the media doesn’t want to talk about: The leftwing whack-job who tried to assassinate Supreme Court Justice Brett Kavanaugh thinks he’s a woman. Which I guess makes him a slightly different type of leftwing whack-job.
  • Russo-Ukrainian War update: “Ukraine takes out Russian ammunition railway connecting Kherson to Crimea.” I keep seeing rumors of a big Ukranian counteroffensive to retake Kherson, but it seems like it’s slow to make much headway.
  • “Chuck Schumer’s son-in-law lands lucrative gig at private equity giant Blackstone.” Of course he has.
  • The Biden Administration wants to force religious hospitals to embrace tranny madness.

    In 2016, the Obama administration’s Department of Health and Human Services issued a rule that would have forced doctors across the country to assist in transitioning patients out of their biological sex, regardless of a provider’s medical opinion or conscience objections.

    “A provider specializing in gynecological services that previously declined to provide a medically necessary hysterectomy for a transgender man,” for example, “would have to revise its policy to provide the procedure for transgender individuals in the same manner it provides the procedure for other individuals.”

    The rule left no room for religious physicians or institutions to breathe, instead menacing them with draconian fines, were they not to toe the controversial new line.

    In stepped the Becket Fund for Religious Liberty, which swiftly secured a preliminary injunction in federal court that stopped the rule from going into effect, on the grounds that it violated the Administrative Procedure Act, and likely violated the Religious Freedom Restoration Act. It was a decision later confirmed in 2019, and made permanent by a 2021 ruling.

    On August 4, however, Becket attorney Luke Goodrich, who has been working on the case since the Obama-era rule was first issued, will march back into the courtroom, having been dragged back in by the Biden administration and Secretary of Health and Human Services Xavier Becerra.

    “They say that our lawsuit was only about the 2016 rule. . . . They say, ‘well, all you were challenging was the 2016 rule, and you won that, but now we’re using a different rule or a different rationale for imposing the same requirement on you, and so you have to file a new lawsuit,’” explained Goodrich.

    Under the Biden administration’s theory, the Affordable Care Act provides the administration with “all the authority” it needs “to punish groups that don’t perform gender transitions and abortions,” Goodrich told National Review. The 2016 rule also included language that Becket alleges would force religious institutions to perform abortions.

    Remember how Republicans said ObamaCare would endanger religious liberty and the MSM dismissed their concerns? Just like “If you like your doctor, you can keep your doctor.”

    According to Goodrich, “the merits are completely resolved and haven’t been appealed; the fight on appeal is about the scope of relief.” He described an effort to work around a losing legal argument by burdening religious objectors and opening up new fronts of battle.

    “They want religious organizations to have to play Whac-A-Mole every time the government violates the Religious Freedom Restoration Act, and they want a ruling that will leave them free to keep violating religious liberty every time they shuffle the same legal requirement from one volume of the Federal Register to another,” he said.

    That strategy is observable in the proposal of yet another, even broader rule — modeled after the 2016 one — issued by Becerra, who has made his political brand on waging one ruthless culture war after another.

    As attorney general of California, Becerra sought to punish independent journalists who exposed Planned Parenthood’s sale of fetal remains harvested during abortions. The Los Angeles Times editorial board described his decision to charge those involved with felonies “disturbing,” and the progressive Mother Jones called it “chilling.”

    He also happily enforced a plainly unconstitutional California statute requiring pro-life crisis pregnancy centers to provide pro-abortion materials to patrons, and, as a member of the U.S. House of Representatives, voted against legislation that would allow providers not to perform abortions without fear of government reprisal.

  • Has Tranny Madness peaked in the UK? There, the Rugby Football Union and Rugby Football League just banned men from playing women’s rugby. In other news, there’s evidently women’s rugby.
  • More signs of sanity in the UK: “UK Police Chief Says Investigating Offensive Speech Is ‘Waste Of Time.'”
  • “What’s the worst performing stock in the Dow Jones Industrial Average so far this year? Disney.”

    The Mickey Mouse company, headquartered in Burbank, has lost about 35% of its value this year versus a nearly 15% loss for the broader index. As a result, tens of millions of Americans who hold Disney stock either directly or indirectly as part of passive index funds have seen their finances take a hit at the worst possible time as inflation spirals out of control.

    Disney’s poor financial performance is a product of its own making. In recent months, the company has aggressively waded into controversial cultural issues such as gender identity, making it clear it is putting politics over its shareholders and customers. Disney is a prime example of the threat posed to shareholders and the broader economy of “woke” capitalism. Its story should serve as a cautionary tale for other companies looking to follow in its footsteps.

    Disney has all but admitted it’s leveraging its prized position as a top children’s content creator to push a divisive cultural agenda. In March, Disney’s president of content told employees the company plans to have at least 50% of its regular characters come from “underrepresented groups.” Another top producer boasted about Disney’s “not-at-all-secret gay agenda,” including “adding queerness” to children’s programming. Yet another senior executive promised that Disney would implement a “tracker” to ensure programs contain enough “canonical trans characters.”

    We’re getting a look at what this woke agenda looks like in practice. An upcoming episode of Disney’s new children’s show “Baymax!” features a transgender man buying menstrual pads. “I always get the ones with wings,” says the “man” wearing a shirt with the transgender flag. Disney is also abolishing the words “boys” and “girls” at its theme parks.

  • “BLM Activist Shaun King Used Donor Funds To Buy $40k Thoroughbred Show Dog.” That’s infuriating. Not that premagrifter Talcum X siphoned BLM money into his own pockets. That part’s hilarious and predictable. No, that he spent forty grand on a dog when they are so many shelter dogs who need a home.
  • Heads up! It’s a tax-free back-to-school weekend in Texas on clothes and schools supplies under $100.
  • “GEICO closes all California offices, lays off workers.” California regulation just keeps paying dividends…
  • Crazy story: U.S. Bank caught opening fake accounts and credit cards with customer money. Fine are not enough. People need go to jail for this.
  • Amazon flashlight lumen ratings are bunk.
  • A pretty good list of the 95 Best Action Movies Ever. Has all the stuff you would expect to be on there (Die Hard, Hard-Boiled, The French Connection, etc.), plus a good bit of Jackie Chan, Sorcerer, Safety Last, Hot Fuzz, and even Andy Sedaris’ hilarious low-budget breastsplotation “classic” Hard Ticket To Hawaii.
  • Test screens for Batgirl were so bad that DC simply isn’t going to release the film. “They think an unspeakable ‘Batgirl’ is going to be irredeemable.”
  • And, oh yeah, the Critical Drinker is there. “Warner Brothers may be the first domino to fall, but something tells me they won’t be the last. And when other companies realize that you can safely drop THE MESSAGE and the people peddling it…well, the next year or two could turn out to be very interesting.”
  • Charming or terrifying? You make the call.
  • We have a winner for for Most “Eww” Inducing Headline: “Morgue Assistant Uses Testicles From Corpses To Help Win Annual Spaghetti Cook-Off.”
  • “Government That Shut Down Businesses, Parks, Schools, Beaches, And Churches For 2 Years Says There’s Nothing We Can Do To Stop A Disease Spread By Gay Sex.”
  • California’s Gun Grabbers Screw Themselves

    Wednesday, July 20th, 2022

    In an attempt to subvert the Supreme Court’s clear directions in the Bruen decision, California’s gun grabbing Democrats have actually made their case weaker through their own arguments. Armed Scholar Anthony Miranda:

    Some takeaways:

  • “The state of California just backed themselves into a major corner in the California ‘assault weapons’ ban case, Miller v Bonta.”
  • California “requested that the Ninth Circuit vacate Judge [Roger] Benitez’s ruling and remand the case back down to him for him to have to completely rehear the case all over again from square one. This was the State of California’s effort to stall this case out as long as possible because that’s really one of the only cards they have left.”
  • “[Firearms Policy Coalition] just obliterated all the State of California’s arguments in their reply, and they completely trapped the State of California with their own words.”
  • In short, California was still trying to argue that the two-step approach to exercising Second Amendment would be upheld on appeal despite the fact that the Supreme Court had explicitly bitch-slapped the two-step approach into oblivion.
  • California also falsely announced that in striking down the two-step approach, the Supreme Court had created a new legal framework, when in fact they had merely explicitly affirmed the existing framework of Heller.
  • The district court “found that California’s ban on modern firearms was not one of the presumptively lawful measures that was identified in Heller, and also found that the ban on modern firearms has no historical pedigree.”
  • To whit: “Prior to the 1990s, there was no national history of banning weapons because they were equipped with features like pistol grips, collapsible stocks, flash hiders, flare launchers or barrel shrouds.”
  • “Benitez ultimately found that those arguments were exactly the type that the Supreme Court and Heller broadly caution courts against when deciding whether analogous regulations were long-standing. Something that was put in place or didn’t pop up until the 1930s or the 1940s or 50s doesn’t actually align with the historical pedigree that the supreme
    court commands that courts must look at.”

  • California “acts as if Judge Benitez did not consider text as informed by history, when in fact he actually did in his original ruling. Also, all the harm California claims that will be suffered if the state is lifted has also been found 100% illegitimate prior by Benitez himself.”
  • It would be nice if the citizens of California could enjoy the Second Amendment rights enjoyed by American citizens in the overwhelming majority of the other 49 states…

    LinkSwarm for July 15, 2022

    Friday, July 15th, 2022

    The Biden Recession continues to wreck the pocketbooks of Americans, EU economies are sucking even worse than ours, more Bidens Behaving Badly, and unlimited abortion is not nearly as popular among the American public as it is among New York Times staffers.

  • Another month, another 40 year inflation high.
  • More Biden economic magic: “New Job Openings Drop In 47 States, Nationally Down 17%.”
  • The Euro has now reached parity with the dollar for the first time in 20 years.
  • Cold comfort from Peter Zeihan: The economy and food security is going to get much worse, but Europe is going to suffer much worse than America.
  • Support for unlimited abortion is deeply unpopular:

    (Hat tip: Stephen Green at Instapundit.)

  • Widespread criticism of Jill Biden’s failed hispander proves that Democrats are no longer interested in excusing Joe Biden’s many manifest failures.

    Democrats are just tired of Joe Biden and of having to explain away his poor performance. Since Biden was elected, the only thing that has gone right is that the Covid-19 pandemic effectively ended and the unemployment rate has remained low. Inflation is out of control, gas prices are at record highs, grocery bills are skyrocketing, the stock market is getting battered and people’s 401(k)s are shrinking, crime remains high, mass shootings keep bedeviling America’s public spaces, Russia’s invading Ukraine, there’s a global food and commodity crisis, and the Taliban is running Afghanistan and oppressing women again. Democrats are apoplectic that the Supreme Court struck down Roe v. Wade, a New York State gun law, and the EPA’s right to regulate carbon emissions without explicit approval from Congress. Parents are up in arms, the teachers’ unions look like callous fools who kept schools closed and harmed a generation of schoolchildren, and “abolish the police” looks like a suicidal public policy. Republicans notice that waves of illegal immigrants headed north shortly after Biden’s inauguration and haven’t stopped coming since.

    You didn’t even mention the Social Justice insanity and all the transexual madness.

    That New York Times poll found that 64 percent of Democrats want a different presidential nominee in 2024. Nobody’s willing to cover for this guy anymore; no one is inclined to avert their eyes when Biden or his wife blurts out something tone-deaf now.

    There are some of us who would argue that Joe Biden has always been an insecure, abrasive, presumptuous, disingenuous, demagogic, insufferable blowhard who was largely protected by a cozy, all-too-friendly relationship with a press inclined to airbrush his glaring character faults, presenting him as a wacky neighbor or a kindly, ice-cream loving grandpa.

    What we see now is what happens when much of the national media, the Democratic Party establishment, and liberal interest groups stop playing along with the narrative that Biden is a wiser, sharper, kinder, more energetic and sensitive man than he is. And the truth isn’t pretty.

  • Speaking of unwanted Bidens: “Hunter Biden could face prostitution charges for transporting hookers across state lines and disguising checks to them as payments for ‘medical services.'” I’ll believe Hunter Biden prosecution when I see it. Also, I’ve been treating the 4Chan “Hunter Biden iPhone leak” with a certain amount of skepticism. Certainly the Hunter laptop revelations were real, and Hunter is a big enough scumbag to do the the things alleged iPhone leak materials depict. But I try to be cautious about anything that fits too neatly into my preconceptions. (Hat tip: The Other McCain.)
  • “Left-Wing Nonprofit Scores $171.7 Million-$1 Billion Government Contract To Help Illegal Immigrants Avoid Authorities.”

    A liberal non-profit group has been given a taxpayer-funded government contract worth at least $171.7 million — which could potentially reach just under $1 billion — for assisting illegal immigrant minors in avoiding capture or incarceration by U.S. Border Patrol and state officials.

    The Department of the Interior was the awarding agency and “The Vera Institute of Justice,” based out of New York — which supports the “defund the police” movement and has lax views on immigration enforcement — was the beneficiary.

    (Hat tip: Director Blue.)

  • Is paper gold being manipulated?
  • China bubble update: Alibaba just just laid off one-third of its strategic investment team.
  • A look at the sniping war in Ukraine. (Hat tip: Dwight.)
  • Houston demonstrates the case against zoning.

    Thanks in part to a lack of zoning, Houston builds housing at nearly three times the per capita rate of cities like New York City and San Jose. It isn’t all just sprawl either: In 2019, Houston built roughly the same number of apartments as Los Angeles, despite the latter being nearly twice as large. This ongoing supernova of housing construction has helped to keep Houston one of the most affordable big cities in the U.S., offering new arrivals modest rents and accessible home prices even amid seemingly endless demand.

    Houston is by no means a model for planning. Like every other Sun Belt city, it struggles with segregation and sprawl. Yet its continued success as one of America’s most affordable and prosperous cities reveals the workability—indeed, the desirability—of non-zoning. Houston is a profoundly weird place, resistant to seductive oversimplifications. But it provides insight into what comes after the arbitrary lines that have misshapen our cities—and how we might get there.

    So why didn’t Houston adopt zoning like every other U.S. city? The answer comes down partly to process. Unique among major cities, Houston subjected zoning to a citywide vote. While most city councils had, historically, quietly adopted zoning after a few perfunctory public hearings, the Bayou City invited voters to decide on zoning in 1946, 1962, and 1993. Voters rejected it each time—a reality that calls into question the often-postulated popularity of zoning.

    Zoning critics rightly dispensed with the comforting myths surrounding zoning—that its purpose was to merely rationalize land use—and zeroed in on its tendency to restrict new housing construction, limit access to opportunity, institutionalize segregation, and force growth outward. Far from being duped, Houston’s working-class residents exhibited a subtler understanding of the purposes of zoning than many contemporary planners and rejected it accordingly.

    But the answer to why Houston remains unzoned also comes down to politics. Zoning proponents didn’t merely lose the referendums—they were also tactfully bought off by being allowed to have something resembling zoning in their immediate vicinity. Indeed, the dark little secret of non-zoning in Houston is that it depends on a system of land-use regulations known as deed restrictions, which empower certain communities—principally middle- and upper-class homeowners—to effectively “opt out” of non-zoning, writing their own land-use rules for their own neighborhoods. In exchange, Houston is able to protect the vast majority of the city from the types of arbitrary-use distinctions, density limits, and raucous public hearings that cause so much harm in every other U.S. city. That is to say, in exchange for respecting pockets of private land-use regulation, Houston is able to grow, adapt, and evolve like no other city.

    Deed restrictions are private, voluntary agreements among property owners—typically the homeowners of a particular subdivision or neighborhood—regulating how they can and cannot use their land. These rules are literally tied to the deed, meaning that a property owner must agree to them as a condition of the sale. Since the failed 1962 zoning referendum, the city has enforced these agreements on behalf of the relevant parties, refusing to issue permits that run afoul of their provisions and bringing legal action against violators.

    Is this system of publicly enforced deed restrictions “basically zoning,” as some might argue? On the one hand, deed restrictions—like zoning—demarcate specified areas subject to a distinct set of stricter land-use rules. Both zoning and deed restrictions in Houston are enforced by the government, principally with the aim of propping up home values and maintaining a certain quality of life. Many deed restrictions even have rules banning apartments and enforcing a strict two-and-a-half-story height limit.

    Yet, the similarities end there, and Houston’s system of deed restrictions is a significant improvement over zoning. For starters, deed restrictions only cover an estimated quarter of the city, largely in areas with low-rise, detached, single-family housing. Industrial areas, commercial corridors, mixed-use and multifamily neighborhoods, urban vacant lots, and yet-to-be-developed greenfields are virtually never subject to their provisions. This means that roughly three-quarters of Houston—including its more dynamic sections—are largely free to grow without anything even resembling zoning holding them back.

    Another key difference is that deed restrictions must be voluntarily opted in to. This serves to discipline deed restrictions in a way that is rarely true of zoning: If the rules are stricter than what prospective homebuyers might prefer, or not strict enough, or simply focus on the wrong concerns, this may translate into lower home values. This in turn nudges homeowners to think through the optimal form of land-use regulation to a degree that rarely happens with zoning.

  • Speaking of Houston, a new poll shows Harris County judge Lina Hidalgo in a dead heat with Republican challenger Alexandra del Moral Mealer. November will be a good time to determine if the Hispanic realignment in Texas extends to America’s fourth largest city.
  • After deciding to let drug-abusing transients use their restrooms, Starbucks is now closing 16 stores because of rising violence, and the fact that transients are shooting up in their restrooms. Golly, who could have possibly seen that coming?
  • “White progressives do not have the moral authority to excommunicate a black man from his race because they disagree with him.”
  • Best gun oil? Project Farm does some testing, and Clenzoil and BreakFreeCLP come out on top.
  • Beto O’Rourke Lags in the Polls.” Try to contain your shock. And I bet the polls overstate his popularity…
  • Score another one for the good guys.

    Another Texas school superintendent has stepped down amid criticism from parents concerned about liberal indoctrination in their children’s classrooms.

    At a special meeting Monday afternoon, Clear Creek Independent School District’s board of trustees accepted the retirement of Superintendent Eric Williams, effective in January 2023.

    Conservative parents in the Houston-area district had complained that Williams, who started in early 2021, was subjecting their students to liberal ideologies he brought from his former job as superintendent of

  • Justice for Jim Thorpe.
  • Somebody didn’t listen to Jack Handy. (Hat Tip: Ann Althouse.)
  • “San Francisco DA Announces Innovative New Plan To Arrest People For Breaking The Law.”
  • Been super hot in Austin this week, but there are ways to keep cool:

  • LinkSwarm for July 8, 2022

    Friday, July 8th, 2022

    More pain at the pump, an assassination in Japan, and a whole new crop of Democrat child sex offenders. It’s the Friday LinkSwarm!
    

  • Why you can indeed blame Joe Biden for high gas prices.

    On May 12, Biden’s Interior Department blocked a proposal to open up more than one million acres of land in Alaska for oil and gas drilling. Two days later, Biden’s Environmental Protection Agency blocked plans to expand an oil refinery in the US Virgin Islands.

    Biden and his defenders said he had to block the expansion of the Virgin Islands refinery, given how polluting it was.

    But had Biden’s EPA allowed the Virgin Island refinery to expand, the owners would have poured nearly $3 billion into retrofitting the plant so it produced gasoline and other products more cleanly, while significantly increasing production at the same time.

    In truth, there are many things Biden could have done, and still should do, to lower energy prices. He could invoke the National Defense Act to accelerate the rate of oil and gas permits. He could set a floor of $80/barrel for re-filling the Strategic Petroleum Reserve (SPR), which would be a powerful incentive for the industry, because it would prevent prices from falling to unprofitable levels. Biden could announce trade agreements with American allies to supply them with liquified natural gas, which would incentivize more natural gas production and lower prices.

    If Biden got America on a wartime footing, as he should be given Russia’s aggression in Europe, we would see the lowering of oil, gas and petroleum prices in less than one year.

    Why won’t Biden do it? Because he has declared war on fossil fuels. “I guarantee you, we’re going to end fossil fuel,” Biden promised a student climate activist in 2019. “I am not going to cooperate with them,” he said, referring to the oil and gas industry.

  • Related: “Despite Record Gas Prices, Biden Rejects New Drilling in Atlantic and Pacific.”

    Joe Biden has proven once again that he has no interest in reducing the record-high costs of gasoline, which have gone up throughout his time in office.

    Biden not only wants to block all new oil drilling in the Atlantic and Pacific Oceans, but he’s also taking steps to shut down exploration of oil and gas on federal lands.

    “A plan released Friday shows the White House proposed no more than 10 potential lease sales in the Gulf of Mexico, an option for one potential lease sale in the northern portion of the Cook Inlet of Alaska, and no lease sales for the Atlantic or Pacific planning areas over the 2023-2028 period,” reports Breitbart. This plan is not finalized, however, but any potential areas of exploration or sale not mentioned in the proposal will reportedly be off-limits from 2023-2028.

    (Hat tip: Stephen Green at Instapundit.)

  • Former Japanese Prime Minister Shinzo Abe assassinated by a man with a homemade shotgun while giving a speech.
  • Abe’s Japan was a reliable ally to the United States. But we should not let the shocking assassination blind us to the fact that Abe’s much-praised (by western MSM outlets, anyway) runaway deficit spending “Abenomics” efforts to lift Japan out of its long-running recession were a colossal failure, jacking up Japan’s national debt to the highest debt-per-GDP ratio in the world while failing to measurably increase actual economic activity.

  • How our feckless woke elites are ruining the military.

    Here’s a little leadership secret that’s actually not a secret at all to competent commissioned and non-commissioned officers. There are no bad cohorts of soldiers, sailors, airmen, Marines, Coast Guardsmen and whatever the hell Space Force people are called. There are only bad leaders, and we have the worst military leadership in American history, starting right at the top with a commander-in-chief who is less like Ike than Beavis.

    In fact – and this rips me up to say because I would not trade my about 27 years in the Army for anything – the reluctance to enlist of the traditional, normal Americans who are most likely to serve and who are the most desirable for service, is entirely rational. You do have an obligation to serve your country in some way, the military being the highest and best way for those who are able. But you do not have an obligation to do so if your life is going to be squandered by a leadership whose strategies are a disaster, whose priorities are not the defense of this country but some sort of bizarre pan-global progressive ideology, and who will use you as a guinea pig in freakish and morally bankrupt social experiments, all while failing to fulfill even the most basic obligations of the leaders to the led. Our military today is failing to meet its recruiting goals because it has failed to earn the trust of normal Americans who would otherwise be inclined to raise their hands.

    Snip.

    That social justice nonsense is another reason we can’t recruit. Would you want to waive your civil rights and sleep in the dirt to be part of an institution that hates you? Would you feel like joining an organization whose leadership is very, very focused on mythical “white privilege” and those scary “insurrectionists?” Remember, if you are conservative, you are an official extremist threat. If you are a believer, you run afoul of the official morality of CRT. If you think men can’t become women because they feel like it, you are a horrible bigot and you will be ordered to lie and use the pronoun du jour or else.

  • This is your city on Woke: “Over 400,000 High-Priority Incidents In Chicago In 2021 Had ‘No Police Available To Send.'”
  • Problem: GPS tracker for bonded suspect in Detroit shows him participating in a drive-by and other gun crimes. Solution: Judge orders the GPS tracker removed. (Hat tip: Mike the Musicologist.)
  • Speaking of Democratic Party-ruled city approaches to crime, look at the New York City case against Jose Alba, who “was sitting in his store working and was no harm to anyone. Then the perpetrator came behind the counter and attacked him.” Alba defended himself by killing his attacker with a knife. Naturally, Soros-backed DA Alvin Bragg charged Alba with murder.
  • The Social Justice Warrior love affair with pedophiles continues: “Top New Biden Staffer Defended Underage, Gay Prostitution Website Raided By Feds.”
  • Speaking of Biden-related pedophiles: “Another Democrat Sent to Prison for Child Sex Crimes. Biden campaign surrogate Jerry Harris gets 12 years for solicitation, sexual assault.” (Hat tip: Ed Driscoll at Instapundit.)
  • “The owner of a Washington sex shop, who also serves as the director of the local school board, is hosting a pair of sex education workshops for children as young as 9 years old. Jenn Mason, the owner of the Wink Wink Boutique in Bellingham, Washington, and the director of the Bellingham School Board, is hosting a sex-ed workshop titled ‘Uncringe Academy: Sex Education Without (most) of the Awkward’ for children ages 9-18.” If the story seems familiar, it’s because she tried to do the same thing in May. According to their website, she’s still a Bellingham School Board Director.
  • More companies migrating from blue to red states, including Texas. We’ve covered this a whole bunch of times before…
  • The Biden Administration sues Arizona for demanding proof of citizenship to vote.
  • Speaking of preventing voting fraud, the Wisconsin Supreme Court outlawed drop boxes and ballot harvesting.
  • More on four gun control cases the Supreme Court sent down to be reexamined.
  • Breaking: Elon Musk giving up on buying Twitter?
  • “The ailing #WokeSuperheroes and teenagers-talking-in-hallways network The CW has been sold for zero dollars.” Plus $100 million in debt assumption. Bonus: Critical Drinker reviews Batwoman.
  • Truly insane charter bus build.
  • Important safety tip: Don’t do this:

  • Or This:

  • Chocolate dragon:

  • “Democrats Proudly Introduce The ‘Raise Gas Prices Even Higher And Make More Kids Trans’ Bill.
  • LinkSwarm for July 1, 2022

    Friday, July 1st, 2022

    Welcome to the second half of 2022! The Biden Economy suckage becomes more obvious, the world’s most taboo lawsuit wants justice for real women being raped by fake women that the state of California forced on them, the Supreme Court slaps the EPA with a ruler over regulating carbon dioxide without congressional authority, and Eric Adams finally realizes he’s running a hellhole. It’s the Friday LinkSwarm!

  • U.S. first-quarter GDP shrank 1.6%.” And the second quarter will probably suck as well.
  • $10 a gallon gasoline coming? If anyone can make it happen, it’s the Biden Administration.
  • Russia has taken Severodonetsk and is pounding Lysychansk. They have also successfully crossed the Donets River.
  • However, Russia has withdrawn from Snake Island.
  • Welcome to the world’s most taboo legal case, a lawsuit over imprisoned woman having the right not to be raped by men who “identify” as women.

    On November 17, 2021, the Women’s Liberation Front, or WoLF, filed a civil rights lawsuit in California that drew almost no coverage. A press corps gearing up to be outraged en masse by the Amber Heard-Johnny Depp defamation case had zero interest in a lawsuit filed by far poorer female abuse victims.

    Janine Chandler et al vs. California Department of Corrections targeted a new California state law, the “The Transgender Respect, Agency, and Dignity Act,” a.k.a. S.B. 132. The statute allows any prisoner who self-identifies as a woman — including prisoners with penises who may have stopped taking hormones — into women’s prisons. There was nothing TV-friendly about the scenes depicted in the complaint:

    Plaintiff Krystal Gonzalez (“Krystal”) is a female offender currently incarcerated in Central California Women’s Facility. Krystal was sexually assaulted by a man transferred to her unit under S.B. 132. Krystal filed a grievance and requested single-sex housing away from men; the prison’s response to Krystal’s grievance referred to her assault by a “transgender woman with a penis.” Krystal does not believe that women have penises…

    After a week spent denounced for reviewing the Matt Walsh documentary What is a Woman?, and for saying things I think will be boring conventional wisdom within a year, I was ready to never go near trans issues again and move to the impending financial disaster. But accident sucked me back. I’d made a point of pride of not reading a line of commentary about Heard-Depp, but listened to an episode of Blocked and Reported that touched on it after it was over, and learned three things that made me furious and think immediately of Chandler.

    One, the ACLU, in apparent exchange for a pledge of $3.5 million, ghost-wrote Heard’s offending editorial, and in particular a line about her having “felt the full force of our culture’s wrath for women who speak out.” Two: Guardian writer Moira Donegan declared, “We are in a moment of virulent antifeminist backlash.” Three: Vice proclaimed without irony, “We’ve all failed Amber Heard.” Almost as one, the establishment press declared itself concerned with the suffering of a rich actress. However, there’s a gaping loophole in their concern for women, and Chandler sits in the middle of it.

    Let’s talk about “the full force of our culture’s wrath for women who speak out” in the context of this case:

    Chandler is the headline legal action in a nationwide battle over whether or not prisoners who self-identify as women, including those with histories of rape or sexual abuse, should be allowed to transfer to women’s correctional facilities. There have been both official and unofficial policy changes on this front in a growing collection of states across the country. These often happen with little to no public debate, because this issue may be the most impenetrable media taboo in America now.

    The group bringing the suit, WoLF, has been targeted from every conceivable angle by pressure and censorship campaigns. While we at least heard about protesting Canadian truckers having their GoFundMe campaigns frozen, WoLF didn’t even bother trying to raise money on that platform, “because they just ban you really easily,” as legal director Lauren Adams put it.

    They moved to a purportedly speechier platform, GiveButter, hoping they would have “less of a censorious kind of view.” But even GiveButter soon gave WoLF the boot (I reached out to the company, which hasn’t provided public comment yet). “It was just a general fundraiser,” Adams explains. “And they said we violated their community standards. So now we’re on GiveSendGo, which is a Christian crowdfunding site.”

    If there’s a better illustration of the upside-down state of politics in 2022 America, it’s a feminist activist group forced to seek cyber-refuge in a Christian fundraising company.

    Snip.

    Most of the cross-dressing men claiming a “transgender identity” and granted transfer… are sex offenders, most are heterosexual men who want to be housed with women to get penis-in-vagina sex, most stop taking any feminizing hormone medications right after getting into women’s prison, they all refer to themselves as men when speaking to the women inmates, many have threatened to “fight you like a man” to women inmates, many have threatened to rape us, and they all have working penises that they are using to have sex with female inmates.

    Transexism is now so central to the social justice victimhood politics ideology that controls the Democratic Party that it leads to letting men rape women rather than question the holy tenant that a man can magically become a women by declaring it so.

  • Notice how that “giant backlash” against the overturning of Roe vs. Wade seems to be limited to leftwingers freaking out on social media? Here’s a good explanation why:

  • Another salutary Supreme Court decision: The EPA cannot regulate carbon dioxide as a pollutant absent explicit congressional authorization to do so.
  • “U.S. and Canada Tell G7 That Climate Change Policy is More Important Than Feeding People.”
  • I’ll take “Headlines That Surprise No One” for $400: Top Three Worst-Run US Cities Are Controlled By Democrats. D.C., San Francisco, and New York City.
  • Speaking of which, New York City mayor Eric Adams is shocked, shocked to discover that the city he runs sucks.

    During an exclusive interview conducted as Adams rode the subways overnight for more than three hours last week, the former NYPD transit cop said he was astounded by the botched “deployment of resources” that has New Yorkers on edge amid a nearly 40 percent surge in major crimes this year.

    “Let me tell you something: When I started looking into this, I was shocked at how bad this place is,” he said of the city.

    Adams — who campaigned on a promise to restore order to an increasingly lawless Gotham — said the scales fell from his eyes when he began reviewing internal city operations following his swearing in moments after midnight on New Year’s Day.

    Yet somehow I could tell that despite living some 1,700 miles away, thanks to the magic power of “paying attention” and “not depending on the MSM for news.”

  • California’s Attorney general wants to revoke Second Amendment rights for citizens based on their political beliefs.
  • More than 1 million voters across 43 states have switched to the Republican Party over the last year.”

    Nowhere is the shift more pronounced — and dangerous for Democrats — than in the suburbs, where well-educated swing voters who turned against Trump’s Republican Party in recent years appear to be swinging back. Over the last year, far more people are switching to the GOP across suburban counties from Denver to Atlanta and Pittsburgh and Cleveland. Republicans also gained ground in counties around medium-size cities such as Harrisburg, Pennsylvania; Raleigh, North Carolina; Augusta, Georgia; and Des Moines, Iowa.

  • Who has the highest debt in the EU? Exactly who you would think: The PIGS (Greece, Italy, Portugal and Spain, in that order), then France, Belgium and Cyprus.
  • Supreme Court to Louisiana Democrats: No, you can’t have another Democratic congressional seat. Not yours.
  • Methinks thou hast punched thy ticket in a shade most pink. (Hat tip: Dwight.)
  • Following other western tech giants, Cisco plans to exit Russia permanently. Unless you’re in the sector, you might underestimate just how many pies Cisco has fingers in. (Hat tip: Stephen Green at Instapundit.)
  • The $37 billion road project that’s changing Indonesia.
  • Project Farm rates blue jeans.
  • Dear Bed Bath and Beyond: Turning off the air conditioning is not a way to win customers in Texas during the summer. (They deny the charge.) (Hat tip: Stephen Green at Instapundit.)
  • “Authorities Warn Tonight’s Protests May Escalate From ‘Mostly Peaceful’ To ‘Somewhat Peaceful.'”
  • More On the NYSRPA Vs. Bruen Gun Decision

    Saturday, June 25th, 2022

    Between contractors working on my house and finishing up a book catalog, yesterday was super busy, resulting in short shrift analyzing one of the most important Second Amendment decisions in the history of the Republic. Fortunately, a lot of other good analysts have been doing the heavy lifting.

    First up, here’s the actual text of the decision. For this post, I’m going to snip much of Justice Thomas’ reasoning to get to the meat of the conclusions.

    In District of Columbia v. Heller, 554 U. S. 570 (2008), and McDonald v. Chicago, 561 U. S. 742 (2010), we recognized that the Second and Fourteenth Amendments protect the right of an ordinary, law-abiding citizen to possess a handgun in the home for self-defense. In this case, petitioners and respondents agree that ordinary, law-abiding citizens have a similar right to carry handguns publicly for their self-defense. We too agree, and now hold, consistent with Heller and McDonald, that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.

    The parties nevertheless dispute whether New York’s licensing regime respects the constitutional right to carry handguns publicly for self-defense. In 43 States, the government issues licenses to carry based on objective criteria. But in six States, including New York, the government further conditions issuance of a license to carry on a citizen’s showing of some additional special need. Because the State of New York issues public-carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution.

    Snip.

    In Heller and McDonald, we held that the Second and Fourteenth Amendments protect an individual right to keep and bear arms for self-defense. In doing so, we held unconstitutional two laws that prohibited the possession and use of handguns in the home. In the years since, the Courts of Appeals have coalesced around a “two-step” framework for analyzing Second Amendment challenges that combines history with means-end scrutiny.

    Today, we decline to adopt that two-part approach. In keeping with Heller, we hold that when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. To justify its regulation, the government may not simply posit that the regulation promotes an important interest. Rather, the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation. Only if a firearm regulation is consistent with this Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.” Konigsberg v. State Bar of Cal., 366 U. S. 36, 50, n. 10 (1961).

    Snip.

    Despite the popularity of this two-step approach, it is one step too many. Step one of the predominant framework is broadly consistent with Heller, which demands a test rooted in the Second Amendment’s text, as informed by history. But Heller and McDonald do not support applying means-end scrutiny in the Second Amendment context. Instead, the government must affirmatively prove that its firearms regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.

    Snip.

    This Second Amendment standard accords with how we protect other constitutional rights. Take, for instance, the freedom of speech in the First Amendment, to which Heller repeatedly compared the right to keep and bear arms. 554 U. S., at 582, 595, 606, 618, 634–635. In that context, “[w]hen the Government restricts speech, the Government bears the burden of proving the constitutionality of its actions.” United States v. Playboy Entertainment Group, Inc., 529 U. S. 803, 816 (2000); see also Philadelphia Newspapers, Inc. v. Hepps, 475 U. S. 767, 777 (1986). In some cases, that burden includes showing whether the expressive conduct falls outside of the category of protected speech. See Illinois ex rel. Madigan v. Telemarketing Associates, Inc., 538 U. S. 600, 620, n. 9 (2003). And to carry that burden, the government must generally point to historical evidence about the reach of the First Amendment’s protections. See, e.g., United States v. Stevens, 559 U. S. 460, 468–471 (2010) (placing the burden on the government to show that a type of speech belongs to a “historic and traditional categor[y]” of constitutionally unprotected speech “long familiar to the bar.”

    Snip.

    If the last decade of Second Amendment litigation has taught this Court anything, it is that federal courts tasked with making such difficult empirical judgments regarding firearm regulations under the banner of “intermediate scrutiny” often defer to the determinations of legislatures. But while that judicial deference to legislative interest balancing is understandable—and, elsewhere, appropriate—it is not deference that the Constitution demands here. The Second Amendment “is the very product of an interest balancing by the people” and it “surely elevates above all other interests the right of law-abiding, responsible citizens to use arms” for self-defense. Heller, 554 U. S., at 635. It is this balance—struck by the traditions of the American people—that demands our unqualified deference.

    The test that we set forth in Heller and apply today requires courts to assess whether modern firearms regulations are consistent with the Second Amendment’s text and historical understanding. In some cases, that inquiry will be fairly straightforward. For instance, when a challenged regulation addresses a general societal problem that has persisted since the 18th century, the lack of a distinctly similar historical regulation addressing that problem is relevant evidence that the challenged regulation is inconsistent with the Second Amendment. Likewise, if earlier generations addressed the societal problem, but did so through materially different means, that also could be evidence that a modern regulation is unconstitutional. And if some jurisdictions actually attempted to enact analogous regulations during this timeframe, but those proposals were rejected on constitutional grounds, that rejection surely would provide some probative evidence of unconstitutionality.

    Snip. Here’s Thomas disposing of the “musket” red herring:

    While the historical analogies here and in Heller are relatively simple to draw, other cases implicating unprecedented societal concerns or dramatic technological changes may require a more nuanced approach. The regulatory challenges posed by firearms today are not always the same as those that preoccupied the Founders in 1791 or the Reconstruction generation in 1868. Fortunately, the Founders created a Constitution—and a Second Amendment—“intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs.” McCulloch v. Maryland, 4 Wheat. 316, 415 (1819) (emphasis deleted). Although its meaning is fixed according to the understandings of those who ratified it, the Constitution can, and must, apply to circumstances beyond those the Founders specifically anticipated. See, e.g., United States v. Jones, 565 U. S. 400, 404–405 (2012) (holding that installation of a tracking device was “a physical intrusion [that] would have been considered a ‘search’ within the meaning of the Fourth Amendment when it was adopted”).

    We have already recognized in Heller at least one way in which the Second Amendment’s historically fixed meaning applies to new circumstances: Its reference to “arms” does not apply “only [to] those arms in existence in the 18th century.” 554 U. S., at 582. “Just as the First Amendment protects modern forms of communications, and the Fourth Amendment applies to modern forms of search, the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.” Ibid. (citations omitted). Thus, even though the Second Amendment’s definition of “arms” is fixed according to its historical understanding, that general definition covers modern instruments that facilitate armed self-defense. Cf. Caetano v. Massachusetts, 577 U. S. 411, 411–412 (2016) (per curiam) (stun guns).

    A long, interesting discussion of the history of firearms regulation (including the right of blacks to own guns for self-defense in the south) snipped. His conclusion:

    The constitutional right to bear arms in public for self-defense is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.” McDonald, 561 U. S., at 780 (plurality opinion). We know of no other constitutional right that an individual may exercise only after demonstrating to government offic ers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.

    New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms. We therefore reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.

    Here’s an analysis of the opinion:

    SCOTUS just tossed the use of scrutiny in examining the Second Amendment. No more “shall not be infringed except for…” quibbling. As the opinion says, HELLER did that, and Thomas sounds angry that he’s is now having to tell lower courts to cease and desist the use of means testing. He’s stating it about as clearly as can be done in the English language.

    This is even better than the use of strict scrutiny, which was previously the best I thought I could hope for. A quick review of intermediate and strict scrutiny is in order.

    Strict scrutiny requires that there must be a compelling government interest for a restriction of rights, it must narrowed tailored, and it must be the least restrictive way to do it.

    Intermediate scrutiny requires little more than We need this to fix that.

    SCOTUS just said, rather forcefully at that, that “compelling government interest” doesn’t apply when analyzing restrictions on fundamental Constitutional rights. Instead, you must demonstrate that there is a longstanding and general historical tradition for the rule… or you can’t do it at all.

    The Ninth Circuit, infamous for invoking limited intermediate scrutiny — despite HELLER — must be excreting masonry construction units right about now. California Dims likewise, because the Ninth has abused scrutiny to uphold all of the state’s 2A infringements.

    The Supreme Court just told them, Stop it, damnit! No more games; follow our instructions.

    SCOTUblog:

    Thomas rebuffed New York’s effort to justify its proper-cause requirement as an effort to regulate guns in “sensitive places” – specifically, crowded urban areas, like Manhattan, where people are likely to gather. Thomas agreed that, as a historical matter, there have long been laws restricting guns in places like courthouses and polling places. Moreover, he continued, restrictions that apply to the modern versions of “sensitive places” may also pass constitutional muster. Although Thomas left open exactly what might qualify as a “sensitive place,” he made clear that urban areas do not meet that definition. The state’s “argument would in effect exempt cities from the Second Amendment and would eviscerate the general right to publicly carry arms for self-defense,” Thomas concluded.

    (Hat tip: Borepatch.)

    Brandon Herrera has a meme review:

    LinkSwarm for June 24, 2022

    Friday, June 24th, 2022

    Two landmark Supreme Court cases drop, another woke social justice child-rapist exposed, Keith Olbermann channels John C. Calhoun, and the secret plans to nuke Yorkshire. It’s the Friday LinkSwarm!

  • Just like the old gypsy woman said leakers indicated, the Supreme Court has overturned Roe vs. Wade.

    The Supreme Court on Friday overturned Roe v. Wade, the 1973 ruling that legalized abortion, allowing a Mississippi law that bans abortions after 15 weeks to take effect.

    “The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives,” Justice Samuel Alito wrote for the 6-3 majority.

    Justice Alito was joined by Justices Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, Clarence Thomas, and Chief Justice John Roberts in the majority. Justice Roberts wrote in a concurring opinion with the majority that he would have taken a “more measured course” stopping short of overturning Roe altogether, but agreed that the Mississippi abortion ban should stand.

    The Court’s liberal Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor dissented….

    The ruling in Dobbs v. Jackson Women’s Health Organization means each state will now be able to determine its own regulations on abortion, including whether and when to prohibit abortion.

  • The Supreme Court also handed down a landmark pro-Second Amendment case.

    In New York State Rifle and Pistol Association v. Bruen, the Court affirmed that gun rights are due the same protection as all other constitutional rights.

    To which I can only reply “Duh. What took them so long?”

    Today’s Supreme Court decision in New York State Rifle and Pistol Association v. Bruen is not only the most important Second Amendment ruling since D.C. v. Heller, it is potentially the most important Second Amendment ruling in American history.

    Not sure about that, as Heller firmly established the gun ownership was an individual right unconnected to militia service. That laid the conceptual groundwork for today’s ruling.

    For all the brouhaha, the question at hand in Bruen was rather straightforward: Can the state of New York require that applicants for gun-carry permits “demonstrate a special need for self-protection distinguishable from that of the general community,” or is New York obliged by the Constitution to offer a “shall issue” regime of the sort that 43 of the other 49 states have adopted? By a 6–3 vote, the justices decided that the latter approach is required. In the United States, Clarence Thomas’s majority opinion concluded, “authorities must issue concealed-carry licenses whenever applicants satisfy certain threshold requirements, without granting licensing officials discretion to deny licenses based on a perceived lack of need or suitability.” Moreover, while there is nothing illegal about America’s existing state-level permitting systems, those systems may not be mere smokescreens for outright prohibition, unequal protection, or unacceptable delay. “We do not rule out,” Thomas added in a footnote, any “constitutional challenges to shall-issue regimes where, for example, lengthy wait times in processing license applications or exorbitant fees deny ordinary citizens their right to public carry.”

    As Justice Alito was keen to note, this “holding decides nothing about who may lawfully possess a firearm or the requirements that must be met to buy a gun. Nor does it decide anything about the kinds of weapons that people may possess.” It concludes solely that:

    The exercise of other constitutional rights does not require individuals to demonstrate to government officers some special need. The Second Amendment right to carry arms in public for self-defense is no different. New York’s proper-cause requirement violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms in public.

    Bottom line: New York is allowed to exclude carry-permit applications on a categorical basis (e.g., the applicant has a felony conviction), but not on a subjective one (e.g., the applicant doesn’t “need” a gun in the view of the determining officer).

    To get there, the majority first determined that “nothing in the Second Amendment’s text draws a home/public distinction with respect to the right to keep and bear arms.” Indeed, “to confine the right to ‘bear’ arms to the home,” the majority observed, “would nullify half of the Second Amendment’s operative protections.” This, Thomas explained, would not do, because “the constitutional right to bear arms in public for self-defense is not ‘a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.’”

  • In light of the ruling, Borepatch offers up a rare word of praise for Mitch McConnell for black holing the Merick Garland nomination in 2015.
  • Liberals are taking the gun and abortion rulings well. Ha, just kidding! Keith Olbermann came out for nullification. Because nothing says “progressive liberalism” like adopting the policies of South Carolina from 1832.
    

  • Woke “socialist high school teacher” is “fighting for a better society” by filming himself having sex with a 13-year old student during lunch breaks.
  • Long, interesting twitter thread on how crime has soared under various George Soros-backed DAs.
  • Ukraine has banned the main opposition party. Not a great look. Though you know FDR would have tried that with Republicans if he thought they posed more of a threat to his agenda and the Supreme Court would let him get away with it…
  • Biden Administration to oil companies: “Hey, we need you to refine more oil! Also, we want to put you all out of business in five to ten years.”
  • “Court Rules Virtue-Signaling Minneapolis Mayor Failed to Protect Citizens With Enough Cops…The Minnesota Supreme Court has ordered kneeling Minneapolis Mayor Jacob Frey and his band of defundanistas to hire more cops as required under the city’s charter or show why they can’t.”
  • Remember Andrew “failed Florida Democratic Gubernatorial candidate/gay meth orgy participant” Gillum? Well, he was just indicted on 21 counts of “conspiracy, wire fraud and making false statements” for raking off campaign contributions into his own pocket.
  • This week’s example of a reporter making up sources comes to you from Gabriela Miranda of USA Today.
  • Reason to worry: China has a new aircraft carrier the size of our own Nimitz-class carriers. But not too much: It probably won’t be ready for active service until 2025, and it’s oil-boiler powered rather than nuclear.
  • Israel is headed for yet another election. “After almost one year of taking power, Israel’s ruling coalition has agreed to dissolve the parliament and hold new elections. ‘Israeli Prime Minister Naftali Bennett’s office announced Monday that his weakened coalition will be disbanded and the country will head to new elections.'” (“How many elections is that now, five?” “Shut up! Don’t tell Mere!”)
  • International Swimming Federation bans men from competing. It’s astonishing that headline even needs to be written…
  • Twitter board recommends that they accept Elon Musk’s offer. Maybe he can get them to unlock my account.
  • The Denver Airport is expanding, and they’ve actually leaning into the conspiracy theories.
  • Powers that be in Tennessee are threatening YouTuber Whistlin Diesel with a year in prison for…splashing with a jet ski. Sounds like a clear abuse of power to me…
  • A review of one of the last production Trebants, the crappy, under-powered, plastic communist car East Germans had to wait years to buy. Let this be another reminder that commies aren’t cool and the consumer goods produced by commie companies that don’t have to deal with market competition are crap.
  • I’ve posted a lot of Peter Zeihan video this year, so you might be interested to know that his book The End of the World is Just the Beginning: Mapping the Collapse of Globalization is now out.
  • “In my day, we had to work twenty-five hours a day, eight days a week, and they set off a nuclear explosion underneath us! You tell that to kids these days and they don’t believe you!”
  • “After ‘Lightyear’ Bombs, Disney Quietly Cancels Their Upcoming Movie ‘Brokeback Woody.
  • LinkSwarm for June 10, 2022

    Friday, June 10th, 2022

    Democrat tries to murder Brett Kavanaugh and Pelosi shrugs, human traffickers busted in Texas, another Democrat convicted of voting fraud (in Philadelphia, naturally), WaPo finally draws a line it won’t let SJWs cross, and an 8K computer that can be yours if you have somewhere north of a quarter million dollars. It’s the Friday LinkSwarm!

  • Another month, another four decade high inflation rate. “The Consumer Price Index (CPI) went up by 8.6 percent in May, the highest year-over-year increase since December 1981.”
  • Democrat arrested for attempting to assassinate Supreme Court Justice Brett Kavanaugh

    Nicholas John Roske was charged with attempting or threatening to murder or kidnap a Supreme Court justice Wednesday after traveling to Justice Brett Kavanaugh’s home armed with a Glock handgun, intent on killing the justice over his expected rulings in ongoing cases related to abortion and the Second Amendment.

    Roske, 26, of Simi Valley, Calif., was identified as the suspect in an affidavit unsealed Wednesday afternoon. Roske told law enforcement that he called 911 to turn himself in because he was having suicidal thoughts, also telling the operator that he intended to kill a “specific” Supreme Court justice, according to the affidavit.

    Roske was subsequently arrested, and officers found a Glock 17 pistol with two magazines, as well as a tactical knife, pepper spray, and other items.

  • Naturally, Democrats stalled a bill to provide additional security for Supreme Court Justices.
  • In another sign of the Democratic Party’s reasonable and measured approach to the abortion debate, pro-abortion terrorists firebombed a pro-life Christian pregnancy center in Buffalo.
  • Speaking of saving children, “70 Children Rescued in West Texas from Human Trafficking by State and Federal Authorities,” the youngest ten years old.
  • A former Democratic congressmen convicted and expelled for taking bribes has now been convicted of committing that voting fraud that Democrats swear up and down doesn’t exist.

    A former Democrat congressman, who was expelled from the House of Representatives in 1980 after getting caught taking bribes in what turned out to be an FBI sting, pleaded guilty to multiple election fraud charges this week after the U.S. Department of Justice charged him with bribery, falsifying voting records, stuffing ballot boxes, and more election crimes in Pennsylvania.

    According to U.S. Attorney Jennifer Arbittier Williams, 79-year-old Michael “Ozzie” Myers admitted to bribing Philadelphia election judge Domenick J. Demuro, who already pleaded guilty in 2020, during the 2014, 2015, 2016, 2017, and 2018 state elections for $300 to $5,000 per election and then telling him to lie about falsely inflating votes.

    Demuro, who “was responsible for overseeing the entire election process and all voter activities of his Division in accord with federal and state election laws,” then manipulated the voting machines in his respective ward and division in a way that satisfied Myers’ desire to “illegally add votes for certain candidates of their mutual political party in primary elections,” especially those clients who paid him “consulting fees.”

    “Some of these candidates were individuals running for judicial office whose campaigns had hired Myers, and others were candidates for various federal, state, and local elective offices that Myers favored for a variety of reasons,” the DOJ noted in a press release.

    Myers pulled the same stunt with another South Philadelphia election judge Marie Beren, who also pleaded guilty in 2021 to her role in the fraud.

    “Myers acknowledged in court that on almost every Election Day, Myers transported Beren to the polling station to open the polls. During the drive to the polling station, Myers would advise Beren which candidates he was supporting so that Beren knew which candidates should be receiving fraudulent votes. Inside the polling place and while the polls were open, Beren would advise actual in-person voters to support Myers’ candidates and also cast fraudulent votes in support of Myers’ preferred candidates on behalf of voters she knew would not or did not physically appear at the polls,” the DOJ stated.

    The pair also used cell phone communication to notate in real-time how many votes they faked versus how many were real.

    “If actual voter turnout was high, Beren would add fewer fraudulent votes in support of Myers’ preferred candidates. From time to time, Myers would instruct Beren to shift her efforts from one of his preferred candidates to another. Specifically, Myers would instruct Beren ‘to throw support’ behind another candidate during Election Day if he concluded that his first choice was comfortably ahead,” the press release continued.

    Much like Demuro, Beren then falsified poll books “by recording the names, party affiliation, and order of appearances for voters who had not physically appeared at the polling station to cast his or her ballot in the election” and balanced the list with the ballots recorded by voting machines before certifying the tainted results.

  • In a story that launched a thousand “Bye, Felicia” jokes, Washington Post Social Justice Warrior “reporter” Felicia Sonmez was fired for insubordination and constantly attacking her co-workers for victimhood points.

    The workplace drama began on June 2 when Sonmez publicly took colleague Dave Weigel to task after he retweeted a joke from YouTuber Cam Harless that said “every girl is bi. You just have to figure out if it’s polar or sexual.”

    Sonmez posted a screenshot of the retweet, captioning it “fantastic to work at a news outlet where retweets like this are allowed!”

    Weigel deleted the retweet, and explained that he “did not mean to cause any harm.” Nevertheless, the Post handed down a one-month unpaid suspension to punish Weigel for his retweet.

    Post reporter Jose A. Del Real then waded into the controversy to criticize Somnez for continuing to tweet about Weigel and the paper even after it took action against Weigel. He accused her of public bullying and “clout chasing,” leading Sonmez to accuse Del Real of violating the paper’s social-media policy.

    With the drama hitting a boiling point, Post executive editor Sally Buzbee sent an internal memo to staff saying, “we do not tolerate colleagues attacking colleagues either face to face or online.”

    The memo seemed to spark a flood of pro-Post tweets from its reporters, who used similar language to laud the paper’s “collegial” work environment.

    Sonmez evidently took offense to her colleague’s tweets saying they were proud to work at the paper.

    “The reporters who issued synchronized tweets this week downplaying the Post’s workplace issues have a few things in common with each other,” Sonmez wrote on Twitter on Thursday morning. “They are all white . . . They are among the highest-paid employees in the newsroom, making double and even triple what some other National desk reporters are making, particularly journalists of color . . . They are among the ‘stars’ who ‘get away with murder’ on social media.”

    Will this be a cause for soul-searching among MSM outlets over the wisdom of staffing their newsrooms with social justice warriors? Of course not. Sonmez dared to make the mistake of going after higher ranking members of the Clerisy.

  • Speaking of crazy, sloppy social justice warrior attack dogs employed by the Washington Post, Taylor Lorentz was very, very upset that other people were right about Amber Heard against her wishes.

    Taylor Lorenz and the Washington Post are attempting a third adpocalypse. They’re attempting to take out rivals to the leftwing legacy media — specifically, YouTubers who sided more with Johnny Depp during the Amber Heard defamation trial. The leftwing media, of course, had uncritically championed Amber Heard, as they’d championed all #MeToo allegations, #BelievingAllWomen without asking for any evidence.

    In fact, the defamatory opinion piece Depp sued Heard for appeared in the Washington Post. They just added a stingy “Note” to their defamation.

    So Lorenz is now attempting to paint it as dangerous for people to openly question #MeToo allegations on YouTube, and to suggest there’s something wrong with non-legacy-media outlets making money off of a major media story. There’s nothing wrong with the Washington Post making money off it, of course — because they take the proper leftwing view of things.

    But people like Rekieta or YellowFlash or That Umbrella Guy, the people who thought that Amber Heard was lying? Which, of course, a jury found to be the case?

    They’re dangerous and they shouldn’t be allowed to make money off it. And damnit, YouTube has got to control who is allowed to make money from these news events!

    By the way: The entire Depp/Heard story was already heavily censored by YouTube. Videos would be demonetized — denied advertising — if they discussed it all. Because of this, YouTubers were forced to resort to the childish tactic of referring to Depp as “The Pirate Guy” and Heard as “the Aqua Lady” to avoid censorship and demonetization. They had to avoid saying the names of the people they were talking about.

    No, I’m serious.

    But that’s not enough for Taylor Lorenz and The Washington Post.

    Either they have to declare “The Aqua Lady is telling the truth and The Pirate Guy is an abuser,” or they must be deplatformed!

    And Lorenz, in making the case that only she, a nobody, barely-educated semiliterate wannabe influencer who pretends to be a tweenager online and gets away with it because she is effectively developmentally delayed, should be allowed to weigh in on the Depp-Heard trial, and that actual trial lawyers like Rikieta and LegalBytes should not be so allowed, is on a scorched earth campaign to make them toxic to advertisers.

    And of course she’s also up to her old tricks of claiming she reached out to her subjects — I mean, targets and victims — for comment.

    Spoiler alert: She did not reach out to her targets and victims for comment.

  • “How The Virginia Project Helped Engineer the 2021 GOP Wins in Virginia.”

    Gordon decided to take a strategic approach to make the Virginia GOP a party that could attract serious, intelligent, capable candidates, run them, and win. He founded The Virginia Project (TVP) with the mission to create a 21st-century party infrastructure capable of competing effectively and rolling back Democrat Party influence.

    Once Gordon realized that Republicans failed to field candidates in 25% of races with a Democrat incumbent in 2019, he made running a candidate in every race a mission point. Other objectives of TVP included taking a complete accounting of GOP performance in every election district and providing a baseline level of support for every GOP candidate in the state. The group also wanted to share tools and best practices to optimize branding, marketing, messaging, voter outreach, and mobilization throughout the state. The goal was to disrupt the Democrats’ narratives and force them to play defense.

    After the 2020 election, Gordon realized that to put Democrats on their heels, TVP would have to go on offense. There was no way to verify the vote in Virginia after nearly 60% of Virginians voted early or by mail. The window for challenging congressional elections closed in 25 days. There was no point in fielding candidates across the state without shoring up election integrity. So with the help of Ned Jones, Gordon and TVP set about securing Virginia’s elections.

    The group forced the implementation of voter roll management laws already on the books. TVP ensured the process was logged, transparent, and consistent in every Virginia county and removed a half million bad entries from the voter rolls statewide. Then TVP made sure a system was in place for 2021 that had what Gordon refers to as “Eyes on Every Ballot.”

    Challenging elections after the fact proved fruitless at the state and national levels in 2020. The key would be to challenge violations on the spot rather than post facto. TVP prepared and delivered training for election observers. The Virginia GOP went from 33% to 95% observer coverage. Gordon said, “The worse Biden gets, the more people volunteer. A good look in some of the disputed states in 2020 also motivated people to get involved.”
    The success in recruitment and training allowed the GOP to challenge every suspected violation on election night 2021. As a Twitter thread from TVP noted, “[DNC lawyer Marc] Elias’ now-legendary losing streak started with us stopping him. We fought for and won every legal stipulation needed to enforce our rights.”

    (Hat tip: Stephen Green at Instapundit.)

  • Seven NEW Hunter Biden Scandals the Nets Refuse to Report On.” A lot of these I had heard of, but this one is new:

    President Biden unveiled new sanctions Thursday targeting influential Russians and President Vladimir Putin’s yachts on the 99th day of Moscow’s invasion of Ukraine — but two oligarchs linked to his son Hunter Biden again were spared.

    The slow rollout of sanctions comes despite the president threatening “swift and severe” penalties ahead of the invasion, which began Feb. 24.

    New US-targeted individuals include the steel and gold-mining oligarch Alexey Mordashov, Putin-linked money manager Sergei Roldugin, billionaire property developer God Nisanov, electronics executive Evgeny Novitsky, banker Sergey Gorkov and Russian Foreign Ministry spokeswoman Maria Zakharova. The Treasury Department also sanctioned two yachts that Putin allegedly co-owns and the Monaco-based yacht brokerage Imperial Yachts and its Russian CEO, Evgeniy Kochman.

    It remains unclear why Hunter Biden’s alleged Russian business associates — the billionaire oligarchs Yelena Baturina and Vladimir Yevtushenko — eluded the latest round of US sanctions against members of Russia’s business elite.

    It’s a great mystery.

    Baturina, whose wealth derives largely from construction, in 2014 paid a firm associated with Hunter Biden $3.5 million, according to a 2020 report written by Republican-led Senate committees. She is the widow of former Moscow mayor Yury Luzhkov, and documents from Hunter Biden’s laptop indicate she may have attended a 2015 dinner in DC with then-Vice President Joe Biden.

    Yevtushenkov, who owns a nearly 50% stake in Russian conglomerate Sistema — which has telecom, retail, banking, food and health interests — faces UK sanctions over Russia’s invasion of Ukraine, but hasn’t yet been targeted by the Biden administration. He met with Hunter Biden in 2012 at Moscow’s Ritz-Carlton hotel, but recently claimed they had no subsequent contact.

  • “Meet the Guardsman Helping Ukrainians Blow Up Russian Tanks over the Phone.”

    Before the war, [Sgt. 1st Class Chris] Freymann, a cavalry scout in the Washington state National Guard, had been the lead instructor in the U.S. military’s program that trained soldiers in Ukraine how to use the shoulder-fired tank-killing missiles. He trained about 200 Ukrainian troops during his months with the program.

    Russia launched its invasion in February, after U.S. trainers left. But the relationships Freymann made remained. His former students — now troops fighting on the front lines — again reached out for help on operating the Javelins as they encountered technical issues or forgot details.

    “When the war started, I had a lot of guys hitting me up on WhatsApp,” Freymann told Military.com. “One of our linguists, her husband was one of the few soldiers who were left. A lot of the students trained by the other [Guard units] died.”

    Freymann would relay information on operating the Javelin to the linguist. Her husband, who was in the fight, would then send Freymann photos and videos of destroyed Russian tanks. Freymann says at least four tanks were destroyed after some of his over-the-phone coaching.

  • Stop me if you’ve heard this one before: Americans are abandoning high tax states (New York, California, Illinois, Massachusetts, New Jersey) and moving to low tax states (Florida, Texas, Arizona, North Carolina, Tennessee). (Hat tip:Ed Driscoll at Instapundit.)
  • “Pizza Hut is featuring a book about ‘drag kids’ as one of the books promoted by its ‘Book It!’ reading incentive program aimed at children in pre-kindergarten through 6th grade.”
  • Louisiana Transgender Sports Ban To Become Law.” Good. If you have XY chromosomes, you shouldn’t be competing in women’s sports.
  • Speaking of obvious truths vs. radical transsexism: “Norwegian Feminist Faces Three Years In Prison For Saying Biological Men Can’t Be Lesbians.”
  • Ilya Shapiro resigns from Georgetown University rather than work with a Social Justice Warrior Sword of Damocles hanging over his head.
  • Brandon Herrera fires a rare Barrett .50 BMG designed to take out helicopters.
  • How bad is the new Lord of the Rings TV series? This bad.
  • And Disney is about to just churn out an endless conveyor belt of garbage.
  • Ouch!

    (Hat tip: Dwight.)

  • Not news: Real estate owners in New York City jacking up rates. News: Jacking up New York real estate. Namely jacking a landmark Broadway theater up 30 feet to put retail space underneath it.
  • Houston YouTube rapper who bragged about robbing ATMS arrested for robbing ATMs. What are the odds? (Hat tip: Dwight.)
  • Speaking of Dwight, he’s showing off his new gun purchase, a Smith and Wesson Model 38 Bodyguard Airweight in .38 Special.
  • Got over $200,000 lying around? Then you still have time to bid on an original Apple-1 computer signed by Steve Wozniak.
  • Boys und Panzer.
  • LinkSwarm for May 13, 2022

    Friday, May 13th, 2022

    Greetings, and welcome to Friday the 13th LinkSwarm! Inflation keeps soaring, diesel and baby formula shortages wrack the nation, and too many creepy transexual pedophiles pop up in the news.

  • Wholesale inflation rose to 11% in April.
  • If you think grocery store shelves look spotty now, wait until you see the effects of diesel shortages on the East Coast.

    The East Coast of the U.S. is reporting its lowest seasonal diesel inventory on record. And some trucking companies appear spooked.

    The East Coast typically stores around 62 million barrels of diesel during the month of May, according to Department of Energy data. But as of last Friday, that region of the U.S. is reporting under 52 million barrels.

    The sharp increase of diesel prices has been a major stressor in America’s $800 billion trucking industry since the beginning of 2022. According to DOE figures, the price per gallon of diesel has reached record highs — a whopping $5.62 per gallon. It’s even higher on the East Coast at $5.90, up 63% from the beginning of this year.

    When relief is coming isn’t yet clear, and experts say higher prices are the only way to attract more diesel into the Northeast.

  • How did the Biden Administration react to soaring prices and looming shortages? By cancelling oil and gas leases in Alaska and the Gulf of Mexico.
  • Also in short supply: Baby formula.

    There is a clear dividing line between American households with newborns and those without, and you can see it in which people have been talking about, and worrying about, a nationwide infant formula shortage for months and which people just heard about the problem recently. Target, Walmart, CVS, and Walgreens are all limiting how much infant and toddler formula customers can purchase per visit. So how did the U.S. — the wealthiest, most advanced, and most prosperous nation on the planet — end up in a situation where so many parents are worrying about feeding their youngest children?

    Most reporting on the infant-formula shortage points the finger at Abbott Laboratories, which instituted a February recall of powder formulas, including Similac, Alimentum, and EleCare, manufactured in its Sturgis, Mich., facility. The recall — which the company emphasizes was voluntary — came after four consumer complaints of Cronobacter sakazakii (a.k.a. Salmonella Newport) in infants who had consumed powdered formula manufactured in the Sturgis plant. Cronobacter germs can cause sepsis, a dangerous blood infection, or meningitis, which swells the protective linings surrounding the brain and spinal cord. Those infected with Salmonella bacteria develop diarrhea, fever, and abdominal cramps twelve to 72 hours after infection, and infants are more severely affected than adults.

    Abbott Laboratories emphasized that no product it distributed to consumers has tested positive for the presence of either of these bacteria, but that during testing in the Sturgis facility, the company found evidence of Cronobacter sakazakii in areas of the plant where products would not come in contact with it. As a precaution, it recalled all formula manufactured in this facility with an expiration of April 1, 2022, or later. No Abbott liquid formulas are included in the recall, nor are powder formulas or nutrition products manufactured at other Abbott facilities.

    Here, it’s worth noting that the supply chain for infant formula was strained well before Abbott’s recall. According to the data-research firm Datasembly, the percentage of stores nationwide at which formula was out of stock surpassed double digits way back in July 2021, and by January 2022, it had hit 23 percent.

    According to Datasembly, infant formula is now out-of-stock in 40 percent of stores nationwide. Moreover, in Iowa, South Dakota, North Dakota, Missouri, Texas, and Tennessee, more than half of baby formula was completely sold out during the week starting April 24. In another 26 states, between 40 and 50 percent of infant-formula supplies were sold out.

  • Unspeakable depravity: “Trans porn company owners sentenced for forcing 7-year-old girl into sexual exploitation…One of these members, Marina Volz, a biological male who identifies as a woman, has been sentenced to 25 years in prison for forcing ‘her’ 7-year-old daughter to participate in sexual acts.”
  • Speaking of Democrats supporting child rapists: “Woke L.A. DA George Gascon’s Pet Transgender Child Rapist Is Now Facing a Murder Charge….child rapist, “Hannah” Tubbs, who gamed the system and magically became a ‘woman’ so he could serve his sentence in a female juvenile prison and do easier time with a chance of getting out early.”
  • Still more elite institutions parading their transexual pro-pedophilia positions: “Child sex abuse center hires professor who faced backlash over pedophile comments…[Allyn Walker], an academic who resigned from a Virginia university after saying it wasn’t necessarily immoral for adults to be sexually attracted to kids has been hired by a Johns Hopkins University center aimed at preventing child sexual abuse.”
  • Today on Least Shocking, rapper “Young Thug” is indicted for being a member of a violent criminal gang. What are the odds? (Hat tip: Dwight.)
  • Finland and Sweden sign security pact with the UK. That’s some mighty genius security realignment you’ve engineered there, Vlad…
  • Ministry of Truth dispatch: “Biden Disinformation Czar Demands Power To Edit Other People’s Tweets.”
  • Austin rail project to cost 77% more than estimated. Try to contain your shock.
  • The NBA: Pulls All-Star Game out of Charlotte because it thinks a North Carolina bathroom bill discriminated against transsexuals. Also the NBA: To stage a game in the United Arab Emirates, where homosexuality is punishable by death.
  • “EV Automaker Hailed As The ‘Next Tesla’ Is Hemorrhaging Cash And Investors…Start-up electric vehicle (EV) maker Rivian Automotive’s stock [fell] 18.72% to $23.40 per share on Monday, a whopping 87% decline from its November peak of $179.47 a share.” (Hat tip: Stephen Green at Instapundit.)
  • Old and busted: Shooting down airliners. The new hotness: Sending creepy pictures of plane crashes to airline passengers to abort the flight.
  • Elon Musk says he will reverse Trump’s Twitter ban.
  • Writer who checks all the proper boxes sells a first novel that turns out to be plagiarized. So she publishes an apology. Which turns out to also be plagiarized. The frogurt is also cursed. (Hat tip: Dwight.)
  • School camera footage of the tornado that hit Andover, Kansas.
  • Speaking of extreme weather: haboob hits the great plains.
  • Samsung to hike foundry chip prices by 20%.
  • How store-bought sliced bread differs from traditional bread.
  • They’re making a sequel to This Is Spinal Tap, perhaps the funniest movie ever made, featuring the original principles. My enthusiasm is tempered by the fact that chances are extremely high it will suck.
  • “FBI Sternly Warns Mob At Justice Kavanaugh’s Home To Stay Away From School Board Member’s House Next Door.”
  • LinkSwarm for May 6, 2022

    Friday, May 6th, 2022

    Inflation is soaring, Democrats are lying, and more MSM pedophiles are exposed. It’s the Friday LinkSwarm!
    

  • Slow Joe Biden is hoping voters will ignore all that inflation on his watch. Yeah, that’s not gonna happen.

    Apparently, the Biden administration’s approach is to just insist that the economy is doing great and hope people believe it, despite their mounting frustration every time they buy groceries, out to eat, or fill up their tank. On the day President Biden took office, retail prices for gasoline averaged $2.38 per gallon. This morning, they are $4.19 — not all that different from the $4.20 they were a month ago….

    By and large, Democrats just don’t want to discuss or acknowledge inflation — at least not in their campaign ads:

    And as of Friday, [Ohio Democratic Senate candidate Tim] Ryan was one of seven Democratic candidates who have run ads this year that mentioned inflation, according to the media tracking firm AdImpact. By contrast, dozens of Republican candidates and allied groups have done the same. In polls, Americans have cited inflation as a top issue.

    “Burying your head in the sand,” Mr. Ryan said, “is not the way to approach it.” Asked about the biggest challenges facing his party, he replied, “A response to the inflation piece is a big hurdle.”

    To Democrats, inflation is like Bruno: We just don’t talk about it.

    Snip.

    With poll after poll showing that inflation is foremost in voters’ minds, you would think that the president would be holding regular events focused on the problem and showcasing what his administration is doing to solve it.

    Not seeing much of that, are you?

  • Inflation is hurting Biden and Democrats so badly that even CNN has noticed. (Hat tip: Stephen Green at Instapundit.)
  • Speaking of inflation, truckers are not buying that “Putin Price Hike” blather as diesel hits an all-time high.

    “I get video almost every day now from people who we featured on ‘Dirty Jobs” and ‘How America Works.’

    “They’re just sending me videos of them at the gas pump and some of them are filling up 18-wheelers. And, I’m not kidding you, $1,100, $1,200.

    “Most people, all we can think about is the price for us at a relative terms know it’s awful.

    “When you put $1,200 in your gas tank and just six months ago it was costing you $600 or 700, the exponential reality of it is starting to sink in. You just can’t walk that back. It touches every single thing that matters in this country. From food production to transportation … all of it,” Rowe explained.

  • Hmmmm:

  • How a George Soros group is writing Biden Administration policy.

    A secretive group backed by millions of dollars from liberal billionaire George Soros is working behind the scenes with President Biden’s administration to shape policy, documents reviewed by Fox News show.

    Governing for Impact (GFI), the veiled group, boasts in internal memos of implementing more than 20 of its regulatory agenda items as it works to reverse Trump-era deregulations by zeroing in on education, environmental, health care, housing and labor issues.

    “Open Society is proud to support Governing for Impact’s efforts to protect American workers, consumers, patients, students and the environment through policy reform,” Tom Perriello, executive director of Soros’ Open Society Foundations, told Fox News Digital.

    Snip.

    GFI, however, works to remain secretive. It is invisible to internet search engines like Google (an unrelated “Govern for Impact” is the only group that appears in a search). No news reports or press releases appear on its existence outside of a mention of its related action fund in a previous Fox News article on the $1.6 billion Arabella Advisors-managed dark money network, to which it is attached.

    But as the group attempted to conceal its operations, it sought talent on Harvard Law School’s website, which was discoverable. The posting, which no longer appears on the site, was for legal policy internships.

    Snip.

    According to its website, Rachael Klarman, a Harvard Law School grad, steers the group. Her father, Michael Klarman, is a professor at Harvard Law and also has ties to progressive advocacy groups. He is an advisory board member of the left-wing dark money judicial group Take Back the Court. Last year, Sen. Sheldon Whitehouse, D-RI, invited him to testify before Congress on dark money’s “assault” on the judiciary system.

    “Governing for Impact is the perfect example of the Left’s fake outrage over ‘dark money’ in politics,” said the Capital Research Center’s Parker Thayer, who discovered the group and alerted Fox News.

    “As a ‘fiscally sponsored’ dark money project that writes and pushes regulations from the shadows, hidden from the public and funded by one billionaire foundation, GFI embodies everything the Left pretends to abhor.”

  • The Ministry of Truth is worse than you think.

    The most egregious and blatant official U.S. disinformation campaign in years took place three weeks before the 2020 presidential election. That was when dozens of former intelligence officials purported, in an open letter, to believe that authentic emails regarding Joe Biden’s activities in China and Ukraine, reported by The New York Post, were “Russian disinformation.” That quasi-official proclamation enabled liberal corporate media outlets to uncritically mock and then ignore those emails as Kremlin-created fakes, and it pressured Big Tech platforms such as Facebook and Twitter to censor the reporting at exactly the time Americans were preparing to decide who would be the next U.S. president.

    The letter from these former intelligence officials was orchestrated by trained career liars — disinformation agents — such as former CIA Director John Brennan and former Director of National Intelligence James Clapper. Yet that letter was nonetheless crucial to discredit and ultimately suppress the New York Post’s incriminating reporting on Biden. It provided a quasi-official imprimatur — something that could be depicted as an authoritative decree — that these authentic emails were, in fact, fraudulent.

    After all, if all of these noble and heroic intelligence operatives who spent their lives studying Russian disinformation were insisting that the Biden emails had all of the “hallmarks” of Kremlin treachery, who possessed the credibility to dispute their expert assessment?

    Snip.

    This same strategic motive — to vest accusations of “disinformation” with the veneer of expertise — is what has fostered a new, very well-financed industry heralding itself as composed of “anti-disinformation” scholars. Knowing that Americans are inculcated from childhood to believe that censorship is nefarious — that it is the hallmark of tyranny — those who wish to censor need to find some ennobling rationale to justify it and disguise what it is.

    They have thus created a litany of neutral-sounding groups with benign names — The Atlantic Council, the Institute for Strategic Dialogue, various “fact-checking” outfits controlled by corporate media outlets — that claim to employ “anti-disinformation experts” to identify and combat fake news. Just as media corporations re-branded their partisan pundits as “fact-checkers” — to masquerade their opinions as elevated, apolitical authoritative, decrees of expertise — the term “disinformation expert” is designed to disguise ideological views on behalf of state and corporate power centers as Official Truth.

    Yet when one subjects these groups to even minimal investigative scrutiny, one finds that they are anything but apolitical and neutral. They are often funded by the same small handful of liberal billionaires (such as George Soros and Pierre Omidyar), actual security state agencies of the U.S., the UK or the EU, and/or Big Tech monopolies such as Google and Facebook.

    Indeed, the concept of “anti-disinformation expert” is itself completely fraudulent. This is not a real expertise but rather a concocted title bestowed on propagandists to make them appear more scholarly and apolitical than they are. But the function of this well-funded industry is the same as the one served by the pre-election letter from “dozens of former intelligence officials”: to discredit dissent and justify its censorship by infusing its condemnation with the pretense of institutional authority. The targeted views are not merely wrong; they have been adjudged by official, credentialed experts to constitute “disinformation.”

    This scam is the critical context for understanding why the Biden Administration casually announced last week the creation of what it is calling a “Disinformation Board” inside the Department of Homeland Security (DHS). There is no conceivable circumstance in which a domestic law enforcement agency like DHS should be claiming the power to decree truth and falsity. Operatives in the U.S. Security State are not devoted to combatting disinformation. The opposite is true: they are trained, career liars tasked with concocting and spreading disinformation.

  • Corporations are finally starting to wake up to how how wokeness is destroying their bottom line.

    Business leaders are waking up to the destructive “woke” policies being foisted on businesses by boardrooms more concerned with virtue signaling than their primary responsibility of ensuring corporate profitability and enhancing shareholder values.

    In short, the “woke” buck stops here, more corporate executives are saying. Mixing the politics of culture wars with business is a losing strategy.

    Former McDonald’s CEO Ed Rensi is leading the charge. He ran McDonalds from 1991-1997, bringing the chain’s McNugget to market and also served on the boards of Famous Dave’s Bar-B-Que, Great Wolf Resorts and Snap-on Inc. These days, he’s launching The Boardroom Initiative, comprised of three conservative advocacy groups — The Job Creators Network, which was founded by Home Depot co-founder Bernie Marcus, The Free Enterprise Group and Second Vote. The goal: get business back to business and out of politics.

    “Corporations have no business being on the right or the left because they represent everybody there and their sole job is to build equity for their investors,” Rensi told FOX Business.

    Rensi knows how to grow a business. While leading McDonalds, he saw U.S. sales double to more than $16 billion, the number of U.S. restaurants grow from nearly 6,600 to more than 12,000 and the number of U.S. franchisees grow from 1,600 to more than 2,700.

    “It is not the province of board members or executives to take shareholder money profit and spend it on social matters,” Rensi explained. “Corporations should not get involved in social engineering.”

  • Confirmation of things you already knew: “Emails Surface More Evidence Hillary Clinton Paid For Anti-Trump Disinformation Operation.”
  • Trump goes 55-0. Everyone he endorsed won their primary or made the runoff. All those are from Indiana, Ohio, and Texas. I didn’t realize that so few states have had their primaries already. Hopefully that record will be shattered and Dr. Oz (a bad pick by Trump) will lose when Pennsylvania votes May 17th.
  • Trying to make your children into the Youth Stasi: “DC elementary school gives 4-year-olds books to report racist family members.”
  • The only surprise here is that he didn’t work for CNN. “MSNBC Anchor Busted ‘Driving 3 Hours’ To Meet Little Boy For Sex.” “A New York group specializing in exposing child-sex predators seemed to all but confirm this after they posted a video online Friday busting a potential pedophile who appeared to be NBC anchor Zach Wheeler. Wheeler had driven an approximate total of 3 hours in order to meet up with a 15-year-old boy for sex, the group claims.”
  • How some of the lunatics connected to GamerGate (namely Brianna Wu) are still grifting the left.
  • Schools Sent Employees to Critical Race Theory Conference With Tax Dollars. Four major school districts spent more than $26,000 on the SXSW EDU conference.” That’s Austin ISD, Fort Worth ISD, San Antonio ISD, and Round Rock ISD.
  • Speaking of school districts wasting money and lying to you:

  • Tomorrow voters in Leander get an opportunity to pull out of Capital Metro.

  • Actor Frank Langella fired from Netflix miniseries production of The Fall of the House of Usher for…touching an actress’ leg during a love scene. Bonus: An “intimacy coordinator.” (Hat tip: Ann Althouse.)
  • Heh:

  • Moloch Warns Of Looming Child Sacrifice Supply Chain Issues.”
  • Fun

  • Heroic dog rescue: