Category Archives: SCOTUS

No-Due Process Red Flags Fine, Because…

Suspension without pay?

Buffalo shooting: Extreme risk protection orders could help stop Ohio mass killings| Rogers
There is a statutory remedy that can authorize preventive actions against warned mass shootings: extreme risk protection order laws. They allow law enforcement and sometimes family members to petition a court for an emergency order to deprive the dangerous individual of access to guns.

“Red flag” laws. Everyone’s — especially this alleged Yale graduate, past attorney, and adjunct law professor — favorite due process deprivation to stop something that might happen, maybe, sometime.

But at least Douglas Rogers tries to back up his claim with case law.

Sort of. Specifically…

There is no legal prohibition against extreme risk protection orders.

The Supreme Court “has recognized, on many occasions, that where a state must act quickly, or where it would be impractical to provide pre-deprivation process, post-deprivation process satisfies the requirements of the Due Process Clause.

That sounds definite, eh? Take a closer look. Rogers didn’t actually cite the case from which he’s quoting, but it didn’t take much of a search to find that language in Gilbert v. Homar, 520 U.S. 924 (1997). SCOTUS found:

In the circumstances here, the State did not violate due process by failing to provide notice and a hearing before suspending a tenured public employee without pay. Pp. 928-936.

Wait. Suspension without pay is on an equal level with confiscation of property (firearms)?

Look at some facts of the case:

“respondent was arrested by state police and charged with a drug felony.”

Sufficient evidence to support probable cause to believe that a crime had been committed.

“Petitioners, ESU officials, suspended him without pay, effective immediately, pending their own investigation.”

Suspended without pay. Not fired, not fined. Based on a probable cause arrest.

Compare that to the typical “red flag” “extreme risk” order”

A complaint that someone might pose a threat in the future. Not an allegation that a crime had been committed.

Property, in the form of firearms, is taken.

As the Court noted, suspension without pay based on a probable cause arrest was a temporary inconvenience; no money was taken, just new payments suspended (for a period when the respondent wouldn’t be working to earn that pay).

A red flag confiscation order, based on a a wild guess rather than a committed crime, results in the taking of property. More specifically, it’s the taking of constitutionally-protected — Second Amendment — property, without due process.

I’m seeing some significant differences between the scenarios, Rogers. Perhaps a better SCOTUS citation on the actual taking of property would be Truax v. Corrigan (1921);

“The due process clause requires that every man shall have the protection of his day in court, and the benefit of the general law, a law which hears before it condemns” […] “a law which operates to make lawful such a wrong as is described in plaintiff’s complaint deprives the owner of the business and the premises of his property without due process and cannot be held valid”. (emphasis added)

Hearing first, then taking.

I fear for the clients of attorneys taught by this former adjunct law professor.

 

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Settled Law

I recently wrote elsewhere about the odd way Dims like to interpret rights, specifically abortion. Regardless of whether you’re pro-abortion of pro-life, you should find ROE v. WADE to be really bad pseudo-constitutional law.

Somehow, the 1973 Supreme Court waded through the Fourteenth Amendment — written to ensure equal rights for freed Blacks post-Civil War — and found a right to abortion. Rationally, you might have expected them to look to the Ninth Amendment.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Right there; an acknowledgement of rights not otherwise mentioned.

The SCOTUS leak strongly suggests that SCOTUS may be about ready to toss ROE v. WADE, and the Left is panicking. They’re screaming that ROE v. WADE is “settled law” and may not reviewed by SCOTUS again.

Either way, gun owners should rejoice… and consider this in terms of the Second Amendment.

It’s common for the Left to now grudgingly admit the existence of the right to keep and bears arms, But that’s just muskets, not “assault weapons,” “high capacity” magazines, or [insert Lefty bugaboo of the moment].

Scenario 1: ROE v. WADE stands.

My right to “high capacity” (i.e.- normal) magazines is protected by the 14A, just like it protects abortion.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Equal protection. If any person can have standard capacity mags, so can I. Or are they going to says police and military aren’t people?

This has the added benefit of imploding lefty heads when you invoke the infamous Dred Scott decision; all free men have a right to be armed. But being terrified of armed, freed Blacks (who might hold a bit of a grudge over past slavery), they ruled against Scott’s free status.

If SCOTUS can’t revisit ROE v. WADE and toss it, Then Dred Scott — with all the nasty implications for Blacks today — should still be “settled law.”

Somehow, I doubt that will endear Dims to Black voters this Fall.

Scenario 2: ROE v. WADE overturned.

This could go two ways (or a bit of both). Pro-abortion advocates could simply turn to the states, or they could suddenly take cognizance of the Ninth Amendment and start arguing for that abortion protection. They’ll still be whining about “settled law.”

So. Do. We. My right to that pile of 30-rounders is protected by the Ninth Amendment; it’s an unenumerated right.

And hey; we can still make heads implode with the all-free-citizens-may be armed 14A/Dred Scott argument. We will be the sane people saying Blacks are free and due all the same rights, while the Left will be in the position of pissing off their voters by claiming the opposite.

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Mirror, Mirror On The Wall

Who’s the dumbest one of all? I never expect much sense from victim-disarmers, but the CT Mirror’s Mark Robinson may have set a new low bar.

The 2nd Amendment doesn’t say that
Let’s not buy into misconceptions about the 2nd Amendment when advancing Gov. Lamont’s gun control proposals.

What might those misconceptions be?

Public perception and debate only changed a little more than a generation ago. Until recently, this has been the overwhelming consensus among Americans and in the courts. Ever since the aftermath of the War of 1812 (when veterans returned home from war with their firearms) the federal government has regulated and restricted the right to bear arms, and did so without political controversy.

According to “A Well Regulated Right: The Early American Origins of Gun Control,” by Saul Cornell and Nathan DeDino, during the decades after the Revolutionary War, the sale of firearms was forbidden to Catholics, slaves, indentured servants, and Native Americans.

He went there: Gun control is good because there is no individual right to arms, and we used to disarm Catholics, slave, and Indians.

Holy s[…].

Say… since slavery was legal then, does he want to re-institute that as well?

Moving on.

In U.S. v Miller in 1936, the Supreme Court ruled on a case involving the National Firearms Act, (which was passed after the St. Valentine’s Day Massacre). In that case, the Court ruled unanimously that the 2nd Amendment pertains to militias and not to individual rights.

Aside from the chronological error (MILLER was 1939, which gives you an idea of how well Robinson studied this issue), MILLER was about the status of the defendant’s sawed-off shotgun, not individual RKBA. Specifically, the Court ruled that the Second Amendment protects the right to keep and bear militarily useful arms, and that no evidence was presented showing that the military used short-barreled shotguns; thus, registration of a non-militarily useful arm could be required. No such evidence was presented because the defendant had died, and with no one to pay their bills, his attorneys didn’t show up to argue the case. (And keep that “militarily useful part in mind.)

But in 2008, in District of Columbia v Heller, Supreme Court Justice Antonin Scalia wrote for the majority, ruling that the 2nd Amendment did create an individual right to bear arms. That is – literally – the first time the high court took this position.

No. The Court found that the Second Amendment protects a preexisting right.

Nor was this the first time that SCOTUS had found the Second to be an individual right. The Supreme Court has ruled that way since at least 1857 (hint: SCOTUS ruled against Dred Scott because if he was a free man, he would have a right to bear arms just like anyone else). If Robinson had bother reading the HELLER decision, he might have noticed that Scalia cited numerous prior precedents for an individual right.

Robinson has a little list of further infringements that he wants CT Governor Lamont to impose.

Close the loopholes in assault weapons laws

Remember that “militarily useful” part of MILLER? If “assault weapons” are nasty, military-style arms, then MILLER (and HELLER) already found that we have an individual right to them. Shall we go there; in court, I mean?

Make domestic violence convictions an automatic disqualifier for obtaining a gun permit

Well, that seems a little redundant, since a domestic violence conviction already makes possession of a firearm a crime. Doubly redundant since CGS § 29-28(b) also mentions that no permit may be issued to anyone prohibited under 18 USC 922.

Perhaps Robinson could spend some time perusing Connecticut General Statutes regarding firearms. Our Gun Culture Primer might help, too.

Until then, he should keep his mouth shut and avoiding proving himself an ignorant fool.

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Here comes the lack of judgment

The Torah reading called “Judges” (Shoftim) opens with the command to appoint “judges and law-enforcement officials for yourself in all your city gates that the L‑rd your G‑d is giving you, for your tribes, and they shall judge the people with righteous judgment.

You shall not pervert justice; you shall not show favoritism, and you shall not take a bribe, for bribery blinds the eyes of the wise and perverts just words.

Justice, justice shall you pursue, that you may live and possess the land the L‑rd your G‑d is giving you.

I have truly debated on if/how to do this column. There isn’t a good way to say it. I think there is a better than good chance of Ketanji Brown Jackson being confirmed. Why? Because of Republicans. Of course she is anti-Second Amendment. But this “woman” since she can’t tell the difference, is a horrible human being, and she’s being enabled to take her perverted justice to the highest court in the land. So, in case you haven’t heard much in the way of specifics on how she rules, I’m going to give you some. When I say graphic, I mean that most sincerely. It’s horrible. I will link to the court documents because I’m not putting it all in.

United States v. Neil Stewart (judgment date: February 27, 2017; prison release date: December 27, 2019)

A certified computer forensic examiner at the United States Attorney’s Office conducted

a preliminary review of each of the electronic devices recovered in the search warrant, and contained on those devices were well over 600 images and additional videos depicting child pornography, including the images described above. In addition, included among the images on the devices above were images depicting incest, bondage, and vaginal and anal penetration of pre-pubescent minors

Judge Jackson’s Sentence: 57 months (41% below Guidelines)

The Maine senator Susan Collins will vote to confirm Ketanji Brown Jackson

“I have decided to support the confirmation of Judge Jackson to be a member of the supreme court,” Collins, a Republican moderate, told the New York Times after meeting the nominee a second time.

“There can be no question that [Jackson] is qualified to be a supreme court justice.”

United States v. Brian Dennis Hess (judgment date: September 11, 2017; prison release date: July 8, 2021)

The defendant was then arrested on November 17, 2016, at which time FBI agents seized his cellular telephone. The cellular telephone was forensically analyzed and was found to contain over 600 images of child pornography, including images depicting sadomasochistic acts involving children and images depicting sexual acts being performed on prepubescent children.

Judge Jackson’s Sentence: 60 months (60% below Guidelines)

Then (Mitt) Romney, the Utah senator and former presidential candidate, issued a statement in which he praised Jackson as a well-qualified jurist and “a person of honor”. He congratulated her on “her expected confirmation”.

I intend to vote in support of Judge Ketanji Brown Jackson’s confirmation to be an associate justice of the U.S. Supreme Court. My statement: pic.twitter.com/uGaxx8sJn5

— Senator Mitt Romney (@SenatorRomney) April 4, 2022

United States v. Jeremy Sears (judgment date: May 17, 2019; prison release date: December 6, 2023)

As the chat continued, the defendant asked, “U like young girl vids?” Shortly after asking, the defendant sent the UC a video depicting child pornography. Specifically, the video depicted an adult male inserting his penis in the child’s anus, while inserting his finger inside the child’s vagina. The defendant then sent the UC a Dropbox link containing 102 videos. The vast majority of the videos depict female children under the age of approximately ten being sexually assaulted by adult men and women. The sexual acts depicted in the videos include vaginal and anal penetration of the minors depicted. The defendant ended the chat session stating, “My wife got home I will txt u in a little and send nudes of my daughter.”

Judge Jackson’s Sentence: 71 months (27% below Guidelines)

Murkowski To Support Confirmation of Judge Ketanji Brown Jackson

“After multiple in-depth conversations with Judge Jackson and deliberative review of her record and recent hearings, I will support her historic nomination to be an Associate Justice on the U.S. Supreme Court.

United States v. Christopher Michael Downs (judgment date: July 24, 2020; prison release date: December 21, 2022)

DOWNS: [Posted 22 more images depicting child pornography. Some of the images were previously posted by DOWNS and described earlier. The new images posted included, for example, an image depicting a prepubescent male performing oral sex on an adult male’s penis; an image depicting an adult female performing oral sex on a prepubescent female vagina’s while she was lying on a couch; and an image of a prepubescent female performing oral sex on an adult male’s penis.]

Judge Jackson’s Sentence: 60 months (14% below Guidelines; statutory mandatory-minimum sentence)

“My support rests on Judge Jackson’s qualifications, which no one questions; her demonstrated judicial independence; her demeanor and temperament; and the important perspective she would bring to the court as a replacement for Justice Breyer. She clerked for Justice Breyer before working in the private sector and as a federal public defender, and then serving as Vice Chair of the U.S. Sentencing Commission, a district court judge, and now an appeals court judge. She will bring to the Supreme Court a range of experience from the courtroom that few can match given her background in litigation.” ~~Lisa Murkowski

United States v. Ryan Manning Cooper (judgment date: May 5, 2021; prison release date: August 5, 2024)

This folder contained hundreds of images and videos of child pornography, totaling over 600 images under the United States Sentencing Guidelines. The images and videos depicted primarily male children, ranging in age from pre-pubescent to teenaged, engaged in sexually explicit acts. Among the images and videos of child pornography were depictions of sadomasochism, including sexually explicit images depicting bondage of young children. The following videos are examples of those in the “Untitled Folder”:

Judge Jackson’s Sentence: 60 months (60% below Guidelines; statutory mandatory minimum sentence)

“It also rests on my rejection of the corrosive politicization of the review process for Supreme Court nominees, which, on both sides of the aisle, is growing worse and more detached from reality by the year. While I have not and will not agree with all of Judge Jackson’s decisions and opinions, her approach to cases is carefully considered and is generally well-reasoned. She answered satisfactorily to my questions about matters like the Chevron doctrine, the Second Amendment, landmark Alaska laws, and Alaska Native issues. The support she has received from law enforcement agencies around the country is significant and demonstrates the judge is one who brings balance to her decisions.”~~Lisa Murkowski

United States v. Lucas W. Cane (judgment date: May 19, 2021; prison release date: November 30, 2022)

THE PROBATION OFFICER: Yes, Your Honor. We stand by our position that those — those — that information is material to the case because it justifies that 4-level enhancement for the sadistic and masochistic conduct. It includes descriptions of the pornography that — that is attributed to Mr. Cane. And, specifically, Mr. Cane personally posted 23 Dropbox and Mega links to the kid group, and it contained over 6500 files depicting children who were elementary school age, middle school, and high school ages, all engaged in sexual acts or posing sexually. And those videos and images depicted children engaged in masturbation and vaginal and anal penetration with objects; like hairbrushes, pins, pencils, curling irons, other objects, and minors also engaged in anal and vaginal sex.

Judge Jackson’s Sentence: 60 Months (31% below Guidelines)

“I will support the motion to discharge Judge Jackson’s nomination later tonight, and her confirmation later this week.”~~Lisa Murkowski

United States v. Adam Chazin (judgment date: May 25, 2021; prison released date: May 20, 2023)

Two Apple iPhones belonging to the Defendant were also recovered during the search of his home. These devices both contained images depicting the sexual abuse of children, including children as young as toddlers, and other images involving S&M conduct.

Judge Jackson’s Sentence: 28 months (64% below Guidelines)

Opening the meeting on Monday morning, Dick Durbin of Illinois, the committee’s Democratic chair, praised Jackson’s “impeccable qualifications” and said her experience as a public defender would bring a “missing perspective to the court”.

“Hers is a uniquely American family story, how much hope and promise can be achieved in just one generation,” Durbin said. “I’m proud we can bear witness to it.”~~Dickie Durbin

Behold, the uni-party.

United States v. Wesley Hawkins (judgment date: November 22, 2013; only 3-month sentence prison; no computer monitoring ordered; reoffended; second release date: January 26, 2020)

On or about January 19, 2013, the defendant uploaded approximately 21 images depicting child pornography and/or child erotica to a Skydrive account.

….

The 21 images include the following: (1) a prepubescent female child and a prepubescent male child standing next to each other without any clothes on where the female child is holding the male child’s penis; (2) a male prepubescent child lying on his back with his legs in the air with an erect penis; and (3) a prepubescent male child lying on his back with his eyes closed and with his underwear pulled down to make the child’s penis visible.

….

On or about March 4, 2013, the defendant uploaded approximately 15 images depicting child pornography and/or child erotica to a Skydrive account. These files include a video of two prepubescent males engaging in sexual conduct, including what appears to be anal penetration of one male child by the other male child.

….

On or about March 25, 2013, the defendant uploaded approximately 1 file depicting child pornography to his email account. The file contains an image of two male children, one of whom appears to be prepubescent. The prepubescent child is lying on his stomach on a bed. The other male child is on his knees straddling the prepubescent child with his penis appearing to penetrate the anus of the prepubescent child.

Judge Jackson’s Sentence: 3 months (97% below Guidelines)

In her sentencing, Jackson ruled she didn’t think the volume and content of porn he had was particularly egregious and she gave Hawkins essentially a slap on the wrist — and then apologized to him for it.

“This is a truly difficult situation,” she told Hawkins at sentencing. “I appreciate that your family is in the audience. I feel so sorry for them and for you and for the anguish that this has caused all of you.”

Jackson then expressed sorrow over even the light sentence she handed down. “I feel terrible about the collateral consequences of this conviction,” she said, explaining that “sex offenders are truly shunned in our society, but I have no control over the collateral consequences.”

She.Apologized.To.The.Pedophile.

I haven’t even touched on her light treatment of drug dealers and her releasing many convicts back into society early because she just doesn’t think keeping them locked up serves any purpose. Her concern is clearly not law-abiding citizens that pay her salary. Nor have I mentioned that she doesn’t know the difference between a man and a woman. And we are suppose to believe this person is wise enough to sit on the Supreme Court of the United States?

Clearly these three soulless depraved senators are in favor of those that enable the rape and torture of toddlers and infants. Yes, that is exactly what their “yes” vote means.

I am under no illusions that calling their office will make a bit of difference to them. If you’ve got time to make a couple of phone calls perhaps calling the Republican National Committee https://act.nrcc.org/contact-us/ or send an e-mail and tell them that is the limit, no more money to Republican National Committee. Although as I believe it is Mitt Romney’s daughter that is the head of it, I wouldn’t expect much. But also you might call your state Republican committee.

This, this woman is the personification of perverted justice, and the Biden crime family thinks she is the best to nominate for the Supreme Court.

Anyone know what’s on Hunter’s laptop?

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A 4th Circuit Panel Just Tossed The Under-21 Handgun Sales Ban

The case is Hirschfeld & Marshall v. BATFE, and the ruling came down today, July 13, 2021.

Plaintiffs seek an injunction and a declaratory judgment that several federal laws and regulations that prevent federally licensed gun dealers from selling handguns to any 18-, 19-, or 20-year-old violate the Second Amendment. We first find that 18-year-olds possess Second Amendment rights.

The feds will certainly request an en banc review by the full 4th Circuit Court. In the unlikely event that the full court upholds this ruling, The Supreme Court will — once again — be in a crack. Since MCDONALD, SCOTUS has done their utmost to avoid making any truly significant Second Amendment rulings. They won’t want to take this case, so the weasel-wording in dodging should be interesting.

Unless they simply deny cert without comment. Again.

But back to this ruling. I found the reasoning fascinating, because the justices used the very same argument that I have used for years: The Militia Act of 1792, passed less than six months after ratification of the Second Amendment, clearly establishes that 18 year-olds are part of the militia described the Amendment.

Every militia law near the time of ratification required 18-year-olds to be part of the militia and bring their own arms. Around the time the Second Amendment was ratified in 1791, Congress began debating invoking its power under the Militia Clauses to better organize the militias for federal use in emergencies. U.S. Const. art. I, § 8, cls. 15–16. The effort was pushed by Secretary of War Henry Knox, who argued to Congress that while the “military age has generally commenced at sixteen,” the age for the federal select militia should be set at 18 because “the youth of sixteen do not commonly attain such a degree of robust strength as to enable them to sustain without injury the hardships incident to the field.”

I would further note that the current militia composition law, 10 U.S. Code § 246, sets the minimum age a little lower.

(a)The militia of the United States consists of all able-bodied males at least 17 years of age

Chief InJustice John Roberts must be peeing his panties right about now. If this stands, the precedent will be used to challenge every state and local law on age limits for carry, licensing, and more.

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Prediction: NYSRP et al v. Corlett

The US Supreme Court granted cert in NEW YORK STATE RIFLE & PISTOL ASSOCIATION , INC., ROBERT N ASH, BRANDON KOCH v. KEITH M. CORLETT. Some see this as a good thing; SCOTUS finally taking a 2A case. I’m not so optimistic.

Petitioners objected to New York State’s requirement that would-be concealed carry applicants, in addition to training and passing background checks, prove they have a good enough reason to carry a firearm. Mere self-defense for the unwashed masses is not sufficient. It’s called “may issue licensing,” as opposed to “shall issue.”

Firearms Policy Coalition and Firearms Policy Foundation filed an excellent amicus brief, showing any number of important questions that closely relate to the whole issue. Finally addressing them would, in theory, sort out a lot of inconsistencies between Circuits. Sadly, SCOTUS is refusing to answer them yet again.

Petition GRANTED limited to the following question: Whether the State’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.

That’s nice, but that isn’t the question that petitioners asked:

Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense.

By changing it from a question about law-abiding citizens carrying in public, to denial of licenses Period — no mention of “law-abiding” people carrying — the InJustices can now say, Gee, states have to be able to deny some licenses, otherwise prohibited persons could apply and get licenses. No one wants that to happen.

They’ve dodged the entire issue of denial of rights based on an arbitrary you didn’t show good enough need to carry a gun. The point of contention was shall versus may issue, and if the Second Amendment applies outside the home. Now it’s is licensing constitutional?

Prediction: 5/4 denial of licenses does not not violate the Second Amendment; Roberts with the majority. “May issue” remains because the Court refused to look at that.

Although it could go 6/3. Gorsuch is such an insufferable hair-splitter that he may go along with the majority, too. On the other hand, he might object to the reframed question itself. Hard to say.

Either way, this looks like yet another SCOTUS cop-out, and another 2A loss.

Added:

“If they can get you asking the wrong questions, they don’t have to worry about answers.”
Thomas Pynchon, Gravity’s Rainbow

(Hat tp to David Codrea)

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Hanukkah 2020

Because I can never see this enough.

What.A.Year. Paging Judah Maccabee….

We’ve had several columns written about Hanukkah, possibly because I love the holiday. People of faith in both America and Israel have had threats to their ability to worship freely in both countries for as long as I’ve been doing columns.

http://zelmanpartisans.com/?s=Hanukkah

Chabad has a really good story of Hanukkah that gives more of the history leading up to the pivotal moment when Mattityahu killed the Hellenized Jew that was going to sacrifice a pig on the alter in his name. Then he went after the army that had come to enforce the decree. https://www.chabad.org/holidays/chanukah/article_cdo/aid/102978/jewish/The-Story-of-Chanukah.htm

While both Purim and Hanukkah celebrate the survival of the Jews against an enemy, there are differences. Purim, like the holocaust was an attempt to wipe the Jewish people from the face of the earth. The goal of the Syrians-Greeks was to make the Jewish people like everyone else on the face of the earth, meaning idol worshipers.

This year as we approach Hanukkah, I see my country in a place I could never have imagined growing up. I wonder if it was like that was for the Maccabees? Did they see the threat of the Greeks growing? Because initially when the Greeks gained control over Israel they were respectful. But as some of the Jews began to assimilate, the Greeks lost respect and began to treat them more cruelly. One might say, the mask came off.

As it is here.

I don’t think there is any doubt that there has been massive election fraud in the 2020 elections. And of those that would deny it, I would be curious to know how much they actually know about it. As the always brilliant Jack Englehardt writes in his column about censorship,

Turns out my neighbor up the road never heard about the Hunter/Joe Biden scandal that weeks ago was all the rage on the New York Post, and later Fox News.

That’s the one where Hunter allegedly served as bagman for himself and his dad off money scooped up from China, Ukraine and Russia.

“How come you didn’t know?” I asked this neighbor.

“Never heard of it,” he said proudly. “I don’t read the Post. I only read the Times, and I never watch Fox News.”

If he knew the story, would he still have voted for Biden?

“It would have been something to consider.”

Yes, it would…and I read somewhere that more than 60 percent who voted never heard of it, either

It seems people that lack information make really poor choices that  cause everyone else to suffer. And suffering there will be.

In addition to censorship, there is just flat out lying by the MSM. The Nick Sandman category of lying, brings us the latest story involving the Papa John’s Pizza chain and accusations of racism. Except it never happened. Ex-FBI director clears Papa John’s founder of racial bias, slams ‘clearly inaccurate’ media Hope he sues the AP into oblivion. If the media will lie about something like a pizza chain, how could anyone ever doubt the lengths they would go to in the quest to manipulate voters The media made this story up out of whole cloth!

It seems daily more and more information comes out about ballots unloaded in the middle of the night, pulled out from underneath tables, or Timmy found them in the well. Then there are the ballots that got ran through multiple times, President Trump losing votes on a cnn scoreboard refresh, tractor trailers with ballots disappearing. There has been quite a lot of evidence. Unless you are Brian Kemp urging the Chinese to come to GA. Governor Brian Kemp on Video in Front of Communist Flag Asking Chinse Companies to Invest in Georgia

What’s that Lassie?

No need Governor, they’ve already invested in you and the GA Secretary of State Raffensperger who shows a stunning lack of awareness by using Dominion’s President Trump hating Eric Croomer to say there is nothing wrong with their systems. Perfectly safe. Georgia Attorneys and Secretary of State Defend Dominion Voting Systems Instead of Voters In Their State. Never mind the 2016 video in which Croomer was saying ” possible to bypass election systems software during the vote counting process.” Actually there are two videos of Croomer demonstrating how to use Dominion to switch votes. Or like Stzrok and Page, Croomer had his power trip moment:

“Don’t worry about the election, Trump’s not gonna win. I made f**king sure of that!” – Dr. Eric Coomer VP of US Engineering for US Dominion Voting Company

Isn’t it interesting that in 2016, when Kemp was Secretary of State, there was a Dominion problem.

Georgia Secretary of State Says 10 Cyberattacks Traced to DHS – Calls for Investigation. Yep, that’s right kids, in 2016 Obama’s DHS (the ones that said in this election there was no sign of fraud, right?) attacked the Dominion voting machines in GA. The IP addresses were traced back to the DHS. And yet, GA keep the Dominion machines. Boggles the mind, doesn’t it? https://www.thegatewaypundit.com/2016/12/georgia-secretary-state-says-10-cyberattacks-traced-dhs-calls-investigation/

Dominion had some help though, for example Mark Zuckerberg of Fakebook. We talk about how he censors posts and information, but he did a lot more than that. About 350 million more than that.

This year, left-leaning donors Mark Zuckerberg and wife Priscilla Chan gave $350 million to an allegedly “nonpartisan” nonprofit, the Center for Tech and Civic Life (CTCL), which in turn re-granted the funds to thousands of governmental election officials around the country to “help” them conduct the 2020 election.

….

What these grants did was build structural bias into the 2020 election where structural bias matters most – in densely populated urban cores. It converted election offices in key jurisdictions with deep reservoirs of Biden votes into Formula One turnout machines. The hundreds of millions of dollars built systems, hired employees from activist groups, bought equipment and radio advertisements. It did everything that street activists could ever dream up to turn out Biden votes if only they had unlimited funding.

In 2020, they had unlimited funding because billionaires made cash payments to 501(c)(3) charities that in turn made cash payments to government election offices.

Massive numbers of people have come forward to testify under oath about things they’ve seen, or like some nursing home residents, things that have happened to them. Things people were told to do, things that have been recorded on video. Everyday citizens stepping up because they know what they are seeing is wrong, and evil. And those who should care, judges, secretaries of state, attorney generals at federal and state, multiple state actually, levels just don’t care. I’m very disappointed that SCOTUS wouldn’t hear the case Texas and other states brought against those corrupt states. It seems to me if the whole country is about to suffer under the tyranny of the harris/biden regime we should be heard. Some of these states that foolish choose not to be involved are going to be in for a big shock. Because once the socialist/communist party seizes control their autonomy is over. Has anyone ever seen much autonomy in a communist country? Thought not.

Remember the doofus known as Eric Swalwell who threatened to nuke American citizens  who refused to be disarmed and then just claimed he was joking? I’m sure most people realized it’s not normal for elected officials to threaten citizens with nuclear weapons. Well, not communists, no, they wouldn’t see a problem with that. But normal people. So lately it’s become much more clear as to why that would even cross his mind. He was in bed with the communists, no wonder he thinks like them. Yes, literally in bed with them. A Chinese spy named Christine Feng who also implanted a few people into other political positions. Republicans have a problem with Rep. Swalwell being on the intelligence committee and sleeping around with Chinese communist spies.

Demoncratic/Communists do not. Pelosi Defends Swalwell’s Chinese Spy Scandal – Then Deflects by Saying QAnon is a Danger to Congress Poor old bat, she needs help.

How much voter fraud, illegal voting, ballot manufacturing etc has taken place? Who knows for sure, the FBI is out investigating garages and subways sandwich shops. But I would hazard a guess that if this level of corruption and a power grab of this magnitude is allowed to succeed, we’re pretty much all done but the shouting. There will never be a real election again, it worked. If it works once that’s all it needs to work because then the communist government has taken control. Things that are moral and honest have been shoved aside. And evil people have been allowed to break the law, lie, cheat, steal and bully and intimidate with no repercussions. Why wouldn’t they do it again?

The democrat/communist party knows the majority of Americans voted for President Trump, thereby rejecting their radical platform. It took a massive amount of vote fraud to overcome those votes cast by real Americans. And yet, the communist/democratic party is now willing to attempt to force their will on those citizens. Those who voted for biden because he was a “moderate” are going to be very shocked when they discover their trial subscription to living in a communist country compliments of Wuhan Flu controls becomes a permanent feature.

I heard a very interesting interview with Rabbi Yitzchok Dovid Smith from www.SaveOurFreedoms.org Rabbi Smith is also a lawyer, has studied molecular biology, virology and infectious diseases at the University of California at Berkeley. He maintains what is being done to the fearful American citizens is psychological warfare and he has some pretty good reasons for saying that.

And at a time of great challenge, the aspiring tyrants in power in NY and CA have forbidden people to attend worship services. And all over the US older Americans have been deprived of getting to see loved ones in their waning years, families are kept apart by fears of a virus with a greater than 99% recovery rate. NO ONE IS SAYING IT’S NOT REAL. We know, it’s real. And it’s also really being used to control people. So things that are normally a large source of strength and comfort to people, things that have helped hold the fabric of our society together in troubled times are the very things those aspiring to rule over us are denying us. Illegally I might add.

I have as much faith in vote tallies as I do Wuhan flu statistics. Sad, isn’t it?

After Supreme Court ruling, New Yorkers go back to synagogue

The decision resolved two cases at once: one brought by Agudath Israel of America, an organization representing Orthodox Jews, and one brought by the Roman Catholic Diocese of Brooklyn.

“This is the first time in my memory that we have assumed the role of plaintiff before the high court,” Avi Shafran, Agudath Israel director of public affairs, told The Jerusalem Post. “What impelled us here was the singling out by New York’s governor of Orthodox neighborhoods as virus spreaders, repeatedly calling pointed attention to the residents’ religion, when other neighborhoods with even higher virus transmission rates were not given the same ‘red zone’ status. Our rabbinic leadership felt that we needed to speak up and defend our, and all Americans’, religious rights.

As in the times of the Maccabees of Hanukkah, cruel tyrants tried to forbid people from from the free worship of G-d. They have that in common with communism. Nothing is allowed to be more powerful or revered than the government. People of faith live by G-d’s laws, and love and revere G-d, not big government.

Justice Barrett Casts Deciding Vote, Justice Gorsuch Hammers Gov. Cuomo’s COVID-19 Restrictions on Churches and Synagogues

Democrat California Gov. Newsom Ignores SCOTUS, Doubles Down on Worship Restrictions

Yes, I think I’ve laid out enough information as to why these times are dark, with similarities to the times of the Macabees, and in fact some of the same circumstances. And some of those same circumstance are for the good as well. Namely, G-d is still in control

אין עוד מלבדו

There is none but him.

The festival of lights, Hanukkah, season of miracles. The miracles are many. That the Maccabean army was successful. From 1 Maccabees Chapter 3

10 Then Apollonius* gathered together the Gentiles, along with a large army from Samaria, to fight against Israel.

11 When Judas learned of it, he went out to meet him and struck and killed him. Many fell wounded, and the rest fled.

12 They took their spoils, and Judas took the sword of Apollonius and fought with it the rest of his life.

13 But Seron, commander of the Syrian army, heard that Judas had mustered an assembly of faithful men ready for war.

14 So he said, “I will make a name for myself and win honor in the kingdom. I will wage war against Judas and his followers, who have despised the king’s command.”

15 And again a large company of renegades advanced with him to help him take revenge on the Israelites.

16 When he reached the ascent of Beth-horon,* Judas went out to meet him with a few men.

17 But when they saw the army coming against them, they said to Judas: “How can we, few as we are, fight such a strong host as this? Besides, we are weak since we have not eaten today.”

18 But Judas said: “Many are easily hemmed in by a few; in the sight of Heaven there is no difference between deliverance by many or by few;

19 for victory in war does not depend upon the size of the army, but on strength that comes from Heaven.

20 With great presumption and lawlessness they come against us to destroy us and our wives and children and to despoil us;

21 but we are fighting for our lives and our laws.

22 He* will crush them before us; so do not fear them.”

23 When he finished speaking, he rushed suddenly upon Seron and his army, who were crushed before him.

24 He pursued Seron down the descent of Beth-horon into the plain. About eight hundred* of their men fell, and the rest fled to the land of the Philistines.

They reclaimed the Temple, they were able to replace the desecrated and stolen items and finally to find the one small cruse of oil. The oil that was only suppose to last for one day, but instead burned for eight. But that’s not the only miracle with the oil. The miracle is that they used the oil and lit the Menorah. The part that I’m apply starts about 5 minutes in. I promise, from minute 5 to the end is good medicine.


Watch on TorahCafé.com!

14And My people, upon whom My name is called, humble themselves and pray and seek My presence and repent of their evil ways, I shall hear from heaven and forgive their sin and heal their land. ~~II Chronicles Chapter 7:14

That’s the thing about Hanukkah, the Maccabees and the Jews that were remaining faithful to G-d were outnumbered, out gunned and didn’t even have NewsMax on their side. But they did have something better, they had G-d, who loved them. Yes, I think we could be facing an escalation in this fight we’ve been engaged in now for some time. But G-d is not a man who changes, he is the same and the things he wants from us and for us are the same.

I don’t know how this will turn out. I know we can’t rely on people or institutions to save us, almost every institution and so many politicians that campaigned that they would represent us have failed us. The corruption is in so many places, some not even known yet.  No matter what, we can continue to seek G-d, and ask for his blessings on us, our families, homes, country and our way of life. We can try to be prepared and filled with resolve. And we can remember this is the season of miracles. As Rabbi Zev says, “Think good and it will be good”.  I believe in miracles.

Chag Hanukkah Samach

חג חנוכה שמח

Happy Hanukkah or Merry Christmas (a bit early) to our TZP family

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GOP-RIP

As our nation is held hostage by a cabal of corrupt demoncratic operatives a few things come to mind.

The media is attempting their cherry on top coup. For years they’ve pushed their Russian collusion farce when it was Hillary that colluded. Fox news has come out of the closet as cnn light. In fact I’ve heard folks switched over to cnn on election night from Fox because it was LESS biased. But now the media is pushing the lie of President Elect Biden. They have no interest in truth, only in agendas.

Bret Baier, Who’s Promoting “President-Elect Biden” Gets Savaged on Twitter by Furious Former Fox News Viewers

And they will tolerate none of their people discussing the rampant attempts at vote fraud taking place. Because you know, a Judge talking about vote fraud, why that’s just crazy!

Newsmax: Jeanine Pirro’s Show Was Cancelled Tonight on FOX News After They Found Out She Was Going to Report on Election Fraud

For every action there is an equal and opposite reaction.

Newsmax TV Surpasses Fox Business, CNBC in Key Ratings

I don’t know about your area, but in mine you can get NewsMax free with just an antenna. Their election night coverage was far different than fox’s apparently. Fox was slow to call Florida for President Trump, but way too quick to call Arizona for Mr. Biden. Even cnn or msdnc didn’t do that.

So the mainstream media with a couple of exceptions have gone into the (septic) tank, and nobody even had to put a gun to their heads. Judas Goats

Tons of stories of vote fraud in various and sundry forms abound.

Paper Warned About the Software Company at Center of Ballot Glitches in Swing States; UPDATE: MI SOS Responds

GOP: Dozens of Michigan Counties Used Software That Wrongfully Gave Votes to Democrats

The letter from the Texas Secretary of State office detailing the problems with that voting machine system. It’s a .pdf file

USPS worker arrested at Canadian border with bin of mail, undelivered ballots

BREAKING: Signed Affidavit From Erie, Pennsylvania USPS Whistleblower Richard Hopkins Now in Hands of Senate Judiciary Chairman Lindsey Graham

Just by the by, I head the postal workers union endorsed Biden. It defies logic that the people of Pennsylvania would vote for a man and his running mate that have promised to eliminate so many of their jobs by banning fracking. Then there will be the cost to the state in terms of lost revenue. If there’s not much income, there’s not much income tax, not to mention people don’t spend. But the socialist/democrat party are willing to hurt any and all in their quest for power. The line is always shifting, flatten the curve>no more cases of Wuhan flu. Energy independence (which we are) > no fracking. Hypocrisy the name of democrats

LAST NIGHT, AS THOUSANDS OF NEW YORKERS PARTIED IN THE STREETS, SHERIFFS ENTERED THIS POTTERY SHOP, OWNED BY A SINGLE MOM OF FIVE.

BREAKING: Project Veritas: Bucks County, Pennsylvania Board of Elections Director Confirms “Spoiled” Ballots Were Illegally Handled and Destroyed

Republican PA House Speaker Calls for “Full Audit” of Election Returns Before Any Results Are Certified

The Georgia Secretary of State has already said there will be a recount.

“This Felt Like a Drug Deal!” – Asian-American Ballot Observer in Detroit Describes Mysterious Van Dropping Off 61 Boxes of Ballots at 4 AM

From former Missouri Governor Eric Greitens new show Actionable Intelligence

But President Trump is fighting back on behalf of Americans who don’t want to live in Kamala Harris’s communist Amerika. THE MASK IS OFF: Kamala Harris Endorses Communism Two Days Out From Election Day Nope I wasn’t kidding or being sarcastic.

Trump Campaign To Challenge Mail-In Ballots Counted In Absence Of GOP Observers In Battlefield States

What I find interesting is the GOP gained seats in the house and held the senate. Yet President Trump would lose? Very odd indeed. Now, I’m not good at statistics, but I found a really interesting column by someone who says he is a retired accountant, and he did audits. This column is fascinating, yes there are some naughty words, but the column is still well worth reading. He lists the number and types of “red flags” as being indicators of fraud.

THE 2020 ELECTION: FOOLERY IS AFOOT

I’ve heard politicians and radio hosts talk about that even if the demoncrats steal this election we’ve held the senate and in January the two senate seats in Georgia that are facing a run-off election will stay Republican.

Are you kidding me??? If, and I say IF the demoncrats pull off this level of corruption in the voting system, no republican will ever win an election again unless it’s some tame puppet like Mitt Romney. It would do Republicans good to remember all those parades taking place this year were waving TRUMP flags and banners, not pictures of elephants or REPUBLICAN…

Now I understand why demoncrats did all those sound bites about President Trump accepting the results of the election and having to drag him out of the White House. It was just to set up the notion in people’s minds. Just like FakeBook and Twatter started yammering on about how it’s normal for elections to take month. They lay out their scenario and the media pushes the facts into the mold.

I saw a line in one of the columns I was reading for this article/rant.

And this is why Trump isn’t going anywhere. The Deplorables now have to become The Ungovernables. No more negotiations, discussions, turning the other cheek, etc.

Ungovernable. Just say no to Commies.

I’d say The Deplorables are The Wolverines. 

Rabbi told a little joke this morning during services.

Bibi Netanyahu calls up President Trump and says “Wow, all the division, anger, hostility and violence in your country now. I can tell you how to solve this. Let me tell you about the two state solution”.

You know, I’d prefer that to this. Because I really don’t want this.

If you want to pray up on this, here is a little collection of prayers that I got from a group that is praying for him. It’s in Hebrew, Transliterated and English. Prayers for President Trump

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Knives In Black Satin

Following the passing of Supreme Court Justice Ruth Bader Ginsburg, the spectacle of Republicans and conservatives in a wild stampede to give her a tongue bath was appalling. Praise from self-proclaimed guardians of Constitutional Originalism was so lavish and extravagant it amounted to nothing less than deification. Had Ginsburg not been Jewish, I half expected the Pope to announce her canonization.

Martha MacCallum breathlessly described Ginsburg like a rapturous teen at the airport awaiting the Beatles arrival in America. Her face glowed as she praised Ginsburg’s towering intellect, great legal mind, inspiration to all women, and lamented Ginsburg being irreplaceable.1 MacCallum was far from alone slathering promiscuous adulation on this stalwart foe of the Constitution and its Judeo-Christian underpinnings. Effusive praise for Ginsburg came from Jeanna Ellis on the Tucker Carlson Show. Chyrons running under her face declared her a constitutional “authority”. An online bio states she is author of The Legal Basis for a Moral Constitution: A Guide for Christians to Understand America’s Constitutional Crisis, that she is a Constitutional “Originalist”, and senior legal advisor to President Trump. Nevertheless, she declared Americans must respect Ginsburg’s service and legacy. She added Ginsburg was an inspiration to all women.2 Why was she, and not Sandra Day O’Connor, the first woman to serve on the Supreme Court (appointed by President Reagan in 1981, 12 years before Ginsburg) an inspiration to women? How a self-proclaimed “Originalist” and author of a book on America’s Constitutional crisis can heap such praise on a chief architect of this crisis is incomprehensible. Also appearing on Tucker’s show was conservative Judge Jeanine Pirro. She praised Ginsburg’s unconstitutional ruling against the Virginia Military Institute’s establishment as an all-male military academy.3

This strange outpouring of praise and worship for Ginsburg erupted on conservative Sean Hannity’s program so I flipped over to One America News until Laura Ingraham’s Show. I should have remained with OAN. Her guests included Constitutional “scholar” John Eastman (Chapman University) who asserted Americans should thank Ginsburg for her lasting work with respect to equality and social issues (those near and dear to liberal hearts: abortion and the homosexual agenda).4 Republicans continued to weigh in throughout the evening. George W. Bush, Mitch McConnell, and former Congressman Jason Chaffetz were almost unrestrained in their praise for Ginsburg. A guest on one of these shows allowed that Ginsburg was up in heaven now, hanging out with former colleagues William Rehnquist, and Antonin Scalia. How fortunate I am to have a strong stomach. Appalled, I turned the television off. Conservative online groups were no better. I read in disbelief as one “conservative” after another stated we all must respect and admire Ginsburg for her work and “service” to her country. Service? Service to the ongoing campaign to destroy the U.S. Constitution? Disgusted, I logged off and retreated into the mundane world of email. There I found a message from the Trump Re-election campaign declaring Ginsburg an “amazing woman” who led “an amazing life”. I responded asking what was so amazing about a career dedicated to destroying the Constitution and liberty. I received no reply. After beholding what so many Republican “leaders” had to say, who could be faulted for believing it was Ronald Reagan who had just died?

Lavish and effusive praise by Republicans for Ginsburg begs the question, if she is “all that”, why don’t they simply nominate another radical left-wing ACLU lawyer, who also despises the Constitution, instead of casting about for a conservative replacement? If Ginsburg was so wonderful, why don’t Republicans appoint some Stepford liberal to replace her?

Callers to conservative talk radio the following day commented on this stunning spectacle of Republican praise for Ginsburg. Some allowed that perhaps they were being overly “nice” to win political points. Really. With whom? With Constitutional originalists like myself? No way. We despise treason against the Constitution. Praise for those who want to destroy Judeo-Christian values and all that people of faith hold dear is repulsive. Points with liberals? It will never happen. If you are a conservative, the Left hates you. They are waging war against you. They despise every belief, principle, and value you hold dear. The lesson people should have learned from the Bolshevik Revolution is the left is dedicated to your total destruction and subjugation. Another reason no one mentioned comes to mind. Is it possible the Republican establishment worships the same institutions and organs of government power as Democrats? Do they fear criticism of Ginsburg might undermine support and obedience among Americans to the Supreme Court? Could criticism of Ginsburg spur Americans to ask on what basis the Court wields the power of judicial review and find there is none? Moreover, if Americans discover this truth, will they then look at the other branches and ask if what they are doing is constitutional? If Americans discover what public schools do not teach, that the actions and claimed powers of the three branches does not comport with the Constitution, how will they react? Will they try to take government back from their overseers? What does Ginsburg’s record, prior to and during her tenure on the bench, reveal?

In 1980, President Carter appointed Ginsburg to the D.C. Circuit Appeals Court. President Clinton then elevated her to the Supreme Court in 1993. Prior to these appointments, Ginsburg was a lawyer for the American Civil Liberties Union. She rejected the notion rights come from G-d, rejected the principles of federalism and limited government, the Tenth Amendment sovereignty of states in their political spheres, and she rejected traditional Western Judeo-Christian values. Throughout her lifetime, her views never moderated.

From the start, America’s lawgivers grounded cultural, social, familial, and legal distinctions between the sexes (men and women for liberals) in the Law of G-d. Because Ginsburg despised a world based on a patriarchal G-d, her agenda was to remake America into a nation sterilized of sex distinctions. With government force, she sought to dismantle all single-sex institutions, organizations, and clubs including the military, prisons, fraternities, the Boy Scouts, private colleges, and so forth. She even pushed to abolish Mother’s and Father’s Day holidays but that was not enough. Ginsburg opposed laws against bigamy and polygamy because statutory regulation criminalizes these behaviors based on the sex of those involved. Naturally, her radical views applied to prohibitions against prostitution and same-sex “marriage” (sic) which she sought to overturn. To the delight of pervo child molesters, sodomites running down little Cub Scouts, and sex-slave traffickers, Ginsburg pushed to reduce “the age of consent for sexual acts to people who are less than 12 years”. She even argued for overturning the Mann Act which criminalized the “interstate trafficking of women and girls” for the purposes of engaging in sex acts because it violated the “privacy rights” of those involved.5 The authors of the Mann act sought not only to stop the transportation of women, especially young girls, across state lines for prostitution, but also to put a dent in the kidnapping of young girls for such purposes.

It should come, as no surprise Ginsburg abhorred the traditional family in which the man went to work and mom stayed at home to raise the kids. In order to undermine the role of husbands, as a step toward dismantling the Judeo-Christian family, Ginsburg pushed government [taxpayer] supported daycare for unwed mothers. She did not stop there. In her brave new world, not only would women be subject to the military draft but would be billeted with men and sent with them into combat. Ginsburg pushed affirmative action hiring and promotion rules for the military, police and fire departments, public education, and private businesses. Facing federal scrutiny if failing to meet affirmative action “targets”, companies, and organizations calculated the minimum number (quota) of minorities they needed to hire and promote to avoid government sanctions. This led to qualified candidates being passed over, by the less competent, in order to satisfy quotas, especially within police departments. I saw this first hand.6 Nevertheless, this was still not enough. Robespierre Ginsburg pushed to create federal commissioners who would ride through the bowels of government offices in search of people and publications using “sexist” words and expressions. They would scrub these offending words from documents and the mouths of employees. Transgressors would be re-educated. Next, they would fan out across the nation, storming businesses, schools, churches, and maybe homes in search of banned “sexist” terms. Offensive words included, woman, women, she, her, man, men, he, him, and many more. They would root out any word based on a person’s sex (gender refers to the femininity or masculinity of nouns) like noxious weeds and burn them so that no memory of their existence remained. Ginsburg’s Commissars of conformity began to realign pay scales associated with genitalia, for example, librarians versus those operating jackhammers to “equalize” them. Angry liberal feminist harridans, their hair pulled back into severe buns call this “comparable worth”, equal pay for unequal work. They scoured all publications for the slightest reference to an individual’s sex and removed them. Anyone who has read 1984 understands control of what people read and know is central to Orwell’s novel. Ginsburg also supported abortion on demand, for any reason, throughout each trimester paid for by taxpayers including those opposed to child murder based on religious objections.7

In 1996, Ginsburg voted with the majority (Scalia dissented) to strike down the elite Virginia Military Institute’s male only admission policy. Not only did this comport with Ginsburg’s fanatical drive to destroy any organization based on sex, she also saw VMI’s policy as a roadblock to female advancement in the military. Does the federal government have the right to interfere in the education policies of the States? We shall look at that soon. In 2000, Ginsburg again voted with the majority in Friends of the Earth (sic) v. Laidlaw Environmental Services. Ginsburg ruled individuals have a right to sue companies for pollution even if the claimants can prove no harm and the company is out of business.8 This is akin to a patient suing a doctor following surgery even though they can demonstrate no harm. Had Ginsburg’s opinion been that of the majority instead of the minority in Bush v. Gore (2000), Democrats would have succeeded in stealing another presidential election [John F. Kennedy, 1960] and Gore would have been president. In Gonzales v. Carhart (2007), Ginsburg sided with the minority arguing against any limits on late term (including live birth) abortions. She again sided with the liberals in Shelby County v. Holder (2013), wanting the Supreme Court to control, supervise, and set election policies and practices for Southern States, forever. Does the Supreme Court have such authority? In Burwell v. Hobby Lobby (2014), Ginsburg again sided with the radical liberal minority seeking to force Christian owned companies to provide abortion coverage in employee medical plans even though this violated their deeply held Christian beliefs.9 Ginsburg argued the government’s “need” to reorder the nature of society superseded anyone’s First Amendment religious rights. Ginsburg voted with the majority, (5-4) in Obergefell v. Hodges (2015) legalizing same-sex “marriage” (sic). Torturing history and the Constitution, the majority claimed the 14th Amendment, ratified to insure Constitutional rights applied to former slaves, actually meant homosexuals, and lesbians could “marry” each other, respectively.10 Alito, Roberts, Scalia, and Thomas, writing for the dissent, correctly noted the Constitution delegates no authority to the federal government, and therefore the courts, over marriage. Under the Tenth Amendment, what constitutes marriage is a state issue. Therefore, the Court had no jurisdiction to rule one way or the other.

If Ginsburg had no respect for religious freedom, and the Tenth Amendment, let alone human life, what then was her view on the right of self-defense? In Heller v. D.C. (2008), she and the liberals wrote the Constitution does not guarantee an individual right to keep and bear arms. There is only a collective, not an individual right. A person may exercise this collective “right” only while serving in the military or a State National (sic) Guard. She also agreed with Justice Breyer that no one had the right, under any circumstance, to maintain a loaded weapon in their home. Nor did anyone have a right of self-defense.11 Through a 5-4 vote, had Ginsburg and the other Knives in Black Satin been the majority, they would have eviscerated and ultimately abolished the Second Amendment. Once a government hostile to the bill of rights is in power, they will extinguish your right to keep and bear arms. They would ban the manufacture, importation, and sale of firearms in the United States followed by banning the production and sale of ammunition. If you do not have a right to own firearms, you have no need for ammunition. Next, they would close gun stores and ranges. You do not need a place to buy and or practice with what you may not own. Denials to the contrary, confiscation of all firearms in private hands has always been the left’s end game. England, Australia, New Zealand, and Canada testify to this fact. As for burying and hiding firearms, what is the point? By then it is too late. You will never be able to keep and bear them again. Ever. Republicans and conservatives lavishing praise on Ginsburg mentioned none of this. Nor did anyone ask if the Court has the right of judicial review in the first place.

Each State sent delegates to what became the Constitutional Convention meeting in Philadelphia (1787). Jealous of their fresh won independence from Britain (1783), the Founding Fathers were not about to surrender sovereignty to a new never before tried form of government. Proposals made by delegates to subordinate state executives, legislatures, and courts to federal counterparts were voted down by the majority each time. This is even more remarkable considering many opposed to scrapping the Articles of Confederation refused to attend the Convention.12 The Constitution’s drafters created the U.S. Supreme Court as the final court of appeal with respect to federal law, disputes between state governments, and between people of different states in some cases. They did not delegate to it any authority to make, modify, or alter law, amend the Constitution in any way, create, or abolish rights. So-called “Federalists” (more accurately, “nationalists”), saw creating for the court a power of judicial review over state laws as a means to erode and ultimately annihilate Tenth Amendment state sovereignty.13 Those mislabeled “anti-federalists” by “federalists” opposed them every step of the way.

Convention delegate Edmund Randolph of Virginia proposed creating a national judiciary with authority to veto the laws and rulings made by State legislatures and courts, respectively. This would be similar to the English Parliamentary system Alexander Hamilton and his supporters cherished. The majority of delegates voted down Randolph’s proposal. Charles Pinckney, South Carolina, and Gouveneur Morris, Pennsylvania, followed up with similar proposals and delegates rejected them as well. Randolph did not give up and attempted to convince delegates to accept a revised version of his proposal but it too was defeated.14 The States never gave to the federal Court, the power of judicial review. Proponents of ratification promised delegates to each state convention the court would never exercise such power.15

It was Chief Justice John Marshall, an ardent nationalist and opponent of state sovereignty, appointed by President John Adams, who got the ball rolling. He simply invented for the Supreme Court a power of judicial review. He began by seizing cases beyond the purview of the court. It did not matter how it ruled, only that the court ruled in order to create precedent. Beginning with Marbury v. Madison, 1803, each case was a step toward establishing by the court, through practice and custom, the power of judicial review. This was unconstitutional because the Founders did not delegate but denied this power to the Court. Federal branches may exercise only delegated powers. Second, it constituted a violation of Article V reserving to the states sole authority to amend the Constitution. Third, and finally, it constituted a violation of the Tenth Amendment reserving all powers not specifically delegated by the Constitution to the states. Hence, sovereign State powers and functions falling within its political sphere are outside the jurisdiction and purview of federal courts. Marshall wanted to destroy those reserved powers by denaturing the Tenth Amendment. He referred to Thomas Jefferson and the Republican Party as “absolute terrorists”. Marshall ran full steam ahead, working with other nationalists, to transform the federal into a national system of government with the states as mere corporations of the general government.16

Although Jefferson and subsequent presidents rejected the notion the Supreme Court possessed the power of judicial review, in time future presidents and political parties came to see this as a tool to enhance executive power and overcome state resistance to their agendas.17 Chief among the Constitution destroying culprits was Franklin Roosevelt.18 Over time, Americans stopped questioning the Court’s claim to the power of judicial review. They assumed the court must have this power because, after all, they exercised it. This is known as “circulus in probando”, circular reasoning. Because the court exercises judicial review, it must have the power to do so. However, they are wrong. Granted, in post-Constitutional and post-literate America, its citizens are ignorant of what powers States delegated to the federal government and too lazy to care. In addition, profligate federal largesse to States led them to prostitute their Tenth Amendment protection against unconstitutional judicial review. Even if the Supreme Court had this power, it would only apply to the enumerated powers in Article I, Section 8. The Founders created a limited government whose powers are few and clearly defined. The Constitution prohibits the exercise of any power not specifically delegated to the federal government in the enumerated powers.19 Americans appear unaware of this. Great Scott, did they go to public schools?

The States delegated to the federal government eighteen powers in Article I, Section 8. An examination reveals most have to do with foreign relations and war. There is no mention of education, marriage, abortion, firearms, the make-up of the military, clubs, colleges, organizations, the freedom of association, and so forth based on sex or any other criteria.20 Silence in any area means, the federal government has no authority to legislate and the Supreme Court review in those areas. None. Every ruling by the Supreme Court that disregards the Tenth Amendment and the States’ reserved powers does violence to the Constitution and any safeguard with respect to the Bill of Rights. It destroys federalism, the rule of law, and creates a chaotic free-for-all scramble by various factions to gain control of it by any means possible. Now Republicans from Senator Mitch McConnell on down are stressing the need to replace Ginsburg with a jurist who will protect the Constitution. Really? When the Senate was considering the nomination of Ruth Bader Ginsburg, the following Republican Senators voted yea:

Bond MO, Danforth MO, Hatfield OR, Pressler SD,

Brown CO, Dole KS Hutchinson TX, Roth DE,

Burns MT, Domenici NM, Kassebaum KS, Simpson WY,

Chafee RI, Durenberger MN, Lott MS, Specter PA,

Coats IN, Faircloth MN, Lugar IN, Stevens AK,

Cochran MS, Gorton WA, Mack FL, Thurmond SC,

Cohen ME, Gramm TX, McCain AZ, Wallop WY,

Coverdell GA, Grassley IA, McConnell KY, Warner VA.

Craig ID, Gregg NH, Murkowski AK,

D’Amato NY, Hatch UT, Packwood OR,

Nay: only the following three Republicans stood up for the Constitution:

Helms NC, Nickles OK, Smith NH.

Living in Missouri, I wrote Republican Senator Bond asking why he voted to confirm Ginsburg. He explained it was Senatorial “courtesy” not to oppose Court nominations of presidents regardless of party. I wrote back asking, what about courtesy to the rule of law, to the Constitution, and to the American people? He did not respond. Americans elect Senators to protect the Constitution, and they, in turn, stab them in the back in the name of logrolling. What a disgrace. We must hold them to account for their perfidy.

11 Martha MacCallum Show, FOX, 18 September 2020.

22 Tucker Carlson Show, FOX, 18 September 2020.

33 IBID.

44 Laura Ingraham Show, FOX, 18 September 2020.

55 Phyllis Schlafly, “Senators Overlooked Radical Record of Ruth Bader Ginsburg” Human Events at https://humanevents.com/2005/08/23/senators-overlooked-radical-record-of-ruth-bader-ginsburg/

66 Sergeants told white officers at my department to look into transferring to other departments. They believed no white male could be promoted for about 5 years and or until the liberal Chief reached the right quota. Judgments as to the competency of those promoted are subjective. However, officers across the board bemoaned the lack of qualifications and incompetence of more than a few affirmative action hires and promotions. Liberal virtue signaling and quota filling.

77 Schlafly

88 Richard Wolf, USA Today, 18 September, 2020, “Justice Ruth Bader Ginsburg’s top opinions and dissents from VMI to Voting Rights Act”, at https://www.usatoday.com/story/news/politics/2020/09/18/i-dissent-justice-ruth-bader-ginsburgs-most-memorable-opinions/2661426002/

99 IBID.

1111 On The Issues, Wall Street Journal, “Ruth Bader Ginsburg On Gun Control; Heller v. D.C.”, at https://ontheissues.org/courth/ruth-bader-ginsburg-gun-control.htm

1212 John Taylor of Caroline Virginia/James McClellan, editor, New Views Of The Constitution Of The United States (Washington, D.C., Regnery Publishing, Inc., 1823/2000), 2-23, 29-30, 35, 40-42, 48-49, 133-137, 143-154, 174. See also Clyde N. Wilson, “Toward Real Federalism”, Ludwig von Mises Institute, The Free Market 9 (August 1995) at https://mises.org/library/ttoward-real-federaism/ and Clarence B. Carson, Basic American Government (Wadley, Alabama, American Textbook Committee, 1996), 37-40, 506.

1313 IBID. li-liv.

1414 IBID. 19-23.

1515 Pauline Maier, Ratification: The People Debate the Constitution, 1787-1788 (New York, N.Y., Simon & Schuster, 2010), 287-291.See also, Taylor, 25, 143, 127-128, 177-179, 196-197, 309,331, 372.

1616 Brion McClanahan, 9 Presidents Who Screwed Up America And Four Who Tried To Save Her (Washington, D.C., Regnery Publishing, Inc., 2016), 14, 61, 198-202.

1717 All laws, bills, legislation, regulations, and so forth by law must originate from the legislation branch. Beginning with “Progressive” Teddy Roosevelt, executives began to take this function away from the legislative branch.

1818 McClanahan, 75-98. See also, Robert P. Murphy, Ph.D. The Politically Incorrect Guide to the Great Depression And The New Deal (Washington, D.C., Regnery Publishing, Inc., 2009), 11, 18, 27, 59-60, 102, 116-117. Thomas E. Woods, Jr., Ph.D., The Politically Incorrect Guide to American History (Washington, D.C., Regnery Publishing, Inc., 2004), 17-30, 139-156.

1919 Clinton Rossiter, Editor, The Federalist Papers: Madison, Federalist #45 (New York, N.Y., A Mentor Book from the New American Library, 1961), 292-293.

2020 William A. McClenaghan, Magruders American Government (Upper Saddle River, New Jersey, Prentice Hall, 2006), 763-765.

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Barrett Nominated for Supreme Court

I hadn’t spoken up publicly on Trump’s possible choices to replace Ginsburg, even though nearly everyone expected it to be Judge Amy Coney Barrett. I was a little less sure.

But Saturday afternoon, he did nominate her.

Donald Trump Nominates Amy Coney Barrett to the Supreme Court
The president made the announcement in the Rose Garden, thrilling conservative guests who were present and gave her a standing ovation when the president appeared with Barrett.

“She is a woman of unparalleled achievement, towering intellect, sterling credentials and unyielding loyalty to the Constitution,” Trump said, while introducing Barrett.
Barrett thanked the president for the honor of serving on the court, should she be confirmed by the Senate.

For me, a key point in Barrett’s favor was her dissent in Kanter v. Barr:

[The federal and Wisconsin laws] would stand on solid footing if their categorical bans were tailored to serve the governments’ undeniably compelling interest in protecting the public from gun violence. But their dispossession of all felons—both violent and nonviolent—is unconstitutional as applied to Kanter.… Neither Wisconsin nor the United States has introduced data sufficient to show that disarming all nonviolent felons substantially advances its interest in keeping the public safe. Nor have they otherwise demonstrated that Kanter himself shows a proclivity for violence. Absent evidence that he either belongs to a dangerous category or bears individual markers of risk, permanently disqualifying Kanter from possessing a gun violates the Second Amendment.

But that was also why I was unsure Trump would pick her. Republicans love them some law ‘n order, and anything that makes more people “prohibited persons” is just peachy (think Fix NICS), and I think some Senators may be dubious of a nominee who is open to allowing non-violent felons to have rights.

Let’s hope I’m wrong about that, too. Barrett, age 48, could potentially defend Second Amendment rights for another four decades. In other areas, she’s a mixed bag of opinions, but in balance, probably the best choice we can get.

[Permission to republish this article is granted so long as it is not edited, and the author and The Zelman Partisans are credited.]

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