Tag Archives: SCOTUS

This Is Why My Confidence In The Courts Is Bottoming Out

The Supreme Court today heard oral arguments in Cargill v. Garland, the challenge to Trump’s (yeah, he still owns it) bump-stock ban.

Now, it’s true that we still have Clarence Thomas, who is intelligent and willing to study facts at issue. But we also have Associate Justice Ketanji Brown Jackson.

“And when, you know, ‘function’ is defined, it’s really not about the operation of the thing. It’s about what it can achieve, what it’s being used for. So I see Congress as putting function in this. The function of this trigger is to cause this kind of damage, 800 rounds a second or whatever.”

That was after the government claimed that a semiauto rifle with a bump-stock can fire 600 rounds per minute. But Brown, with firearm knowledge exceeding that of John Moses Browning, knows better: 800 rounds per second.

Probably theoretically, higher, once you account for those magazine changes in that one second.

Just for comparison, the GAU-8/A Avenger seven-barreled, Gatling-style autocannon in the A-10 attack aircraft — the beloved “Warthog” — has a measly rate of fire of just 3,900 rounds per minute; twelve times slower that Jackson’s magical bump-stocked gun.

No wonder the Air Force wants to retire the A-10.

But back to bitter reality. We’re stuck with ignorant high court judges, who when even the banners inflated claims fall short, simply make up their own “facts” to rationalize the infringement of allegedly protected rights.

Oh, well; however SCOTUS rules, Thomas’ takedown of Jackson’s idiocy should be amusing.

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Jericho and the Trumpets

I heard something just fascinating today on a radio show, I have a tiny suspicion that you might not hear much about it on the mainstream media #FakeNews.

Four brothers in Utah have filed a suit with the Supreme Court. Yes, that one. The case involves the 2020 election. They watched the 2020 election apparently with dismay, so many oddities. Then if I recall correctly Ted Cruz was presenting an argument on the Senate floor about forming a panel of 5 supreme court justices, 5 senators and 5 members of the house and taking 10 days to investigate. I heard somewhere that he was very persuasive and it was being considered when the “insurrection” stopped the debate and the issue died and #PenceOfCrap lied and said he was asked to overturn an election when what he was asked to do was the 10 days to investigate.

Well, apparently I’m not the only one that was angered that for the good of the country, we couldn’t even be given 10 days for an investigation.

Four Trumpet playing brothers from Utah, watched what happened and thought “Huh, all those elected officials that voted against an investigation just broke their oath of office. Well, that’s not cool”. Ok, maybe I paraphrased a bit there.

There are two lawsuits, one is held up in Nevada, but the other was labeled as a National Emergency enabling it to bypass the 10th Circuit court and go straight to the Supreme Court. Which it did. Then the suit was given a favorable ruling by the 10th Circuit as well.

So what is the suit about? Rule #11– Has an elected official defended the constitution as per the oath that they take? If questions about an election arise, then congress is required to set aside 10 days for congress to look into the situation and any irregularities. The SCOTUS clerk has called the brothers to say send the paperwork. The case is against the 385 members voted against the 10 day period, as well as Beijing Biden, Kamel-toe and #PenceOfCrap. For this violation of the law, the violation of the oath they took for their office, they can be removed from office, and that is the remedy the lawsuit is asking for. The affected members, did not file a response. The solicitor general of the US is now representing the oath breakers.

Can you imagine? Well, it’s trumpet players, maybe they could circle the crime scene known as Washington D.C. seven times and play their trumpets?

Jericho’s Wall Collapses (1273 BCE)

On the seventh day of the encirclement of Jericho (see Jewish History for the 22nd of Nissan), the Jews, accompanied by the Holy Ark, circled the city seven times. After the blowing of the shofar, the walls miraculously crashed and sank, leaving the city open and unprotected. Jericho was easily conquered, becoming the first fortified Canaanite city to fall to the Children of Israel in their conquest of the Promised Land.

Here’s their website. https://7discoveries.com/ You can buy a copy of the court papers for $1 each for the two case. For $30 you can get Raland J Brunson Writ Of Certiorari. I”m going to get at least a couple of the things off the site, I’m sure this stuff isn’t cheap to do.

Here’s a history of the suits with updates http://ralandbrunson.com/History/History.html

The SCOTUS conference is set for January 6th, 2023…rich irony much? Here’s the latest update.

The SCOTUS set the conference date for Jan 6, 2023

(The 9 Justices will meet January 6, 2023 to discuss the case and decide (by vote) if they want to move it to a hearing, where they will oficially judge the case and decide (by vote) if defendants should be removed from office)

Blow those trumpets brothers! Blow the trumpets and may G-d have mercy on U.S. and the wall of lies and deceit come tumbling down!

Pence of Crap

Couldn’t pass up the cartoon…#PenceOfCrap

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The Supreme Court of the Public Broadcasting System?

A few days ago, I ran across a column by a Terrence Cummings, “COMMENTARY: But for Rittenhouse doctrine.” It was the usual garbage you’d expect from victim disarmers. I didn’t — at the time — think it worth a response column, but I did write to Cummings.

“But for the Rittenhouse doctrine, you would think you would have a right to take your AR-15 to any grievance or protest near you and across state lines. Then, you could possibly “murder” (used loosely throughout this piece) two people, injure another and call it self-defense.”

Lessee…

1. Rittenhouse didn’t have an AR-15. It was a Smith & Wesson M&P rifle.

2. Rittenhouse didn’t take the rifle across state lines.

3. “Murder” is a specific term best not used “loosely,” unless you enjoyed being sued for libel/defamation. Murder is the deliberate, unjustified killing of a human being by another human being. The general term you are searching for (if you were being honest) is “homicide.”

3a. Rittenhouse fled his first attacker. He fired only when trapped and physically attacked. That is confirmed by video evidence and witness testimony.

3b. Rittenhouse again fled an attacking mod (video & witnesses). He fired again when, laying on the ground, he was again attacked with potential lethal force (the skateboard; if you doubt that’s potentially lethal, ask the family of the Santa Monica man killed by being struck in the head with a skateboard, or check with the California police officer who ended up in ICU when struck with a skateboard by an Antifa protester).

3c. Rittenhouse — still on the ground — fired again at a person who repeated aimed his own unlawfully possessed firearm at Rittenhouse. Video & witnesses.

4. Immediately after the shootings, Rittenhouse fled the pursuing crowd and attempted to turn himself in to the police.

I never made it much past that, since you’d already proved yourself ignorant of federal and state law and the events of the night, and that you are grossly biased.

Cummings’ reply was simple.

Thanks so much for your email and sharing your perspective. It is welcomed and appreciate.

I assumed that was the end of it, until this morning when I received another email from Mr. Cummings. He referred me to another, earlier column he wrote: “COMMENTARY: America worships guns.”

Continue reading The Supreme Court of the Public Broadcasting System?

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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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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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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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The Rule of Whim

I warned you. More than three years ago, I warned you.

Today, Chief Justice Roberts denied a motion to stay the bump-fire ban rule pending a final ruling by the courts. If you possess a bump stock, you are now a felon.

When Trump announced his intent to ban bump-fire stocks, Kool-Aid swigging idiots laughed it off. Nah; he’s posturing for the press.

When he sent his memo directing DOJ to begin crafting the rule, it was, Nah, they’ll ‘research’ it and ‘decide’ it isn’t called for.

When the ATF published the ANPRM, morons said, Nah; it’s a trick. They’ll take comments and ‘decide’ it’s unjustified, but Trump still gets to pretend he tried.

When the NPRM came out… rinse, lather, repeat.

When the final rule was published, the sandy-eyed ostriches declared, Don’t worry. Trump is a four-dimensional chess master; he knows the courts will overturn it. He’s gaming the system.

As the ban deadline approached without a favorable ruling from any court, the bird-brains nervously added, Um… the courts will temporarily stay the ban. Right?

When stays were issued on appeal, for the named plaintiffs ONLY, some folks optimisticallythought that was a blanket stay, and sighed in relief. It wasn’t.

When Guedes et al was appealed to the Supreme Court, the Pollyannas were sure they’d issue the stay, or at least remand back to the lower court to do so.

So here we are. I was never terribly hopeful about this because I lost faith in the courts a long time ago.

But… we are screwed.

The lawsuits challenging the ban continue. I’m sure people in denial are sure reality will win out. Look again: the lower courts have stated will every denial of a stay that the plaintiff are unlikley to succeed. That is, they are signalling that the ban will be upheld and they are going through the motions (no pun intended) merely for the sake of appearances.

And today, by refusing a stay, Roberts just said exactly the same thing: “You lose.” We lose bump-fire stocks. And remember my warnings about those semi-autos “easily converted” to machineguns with bump-fire stocks.

And anything and everything else that some bureaucrat decides he doesn’t like. Because all this hinged on a single point: Can unelected bureaucrats redefine common language to create law all by themselves?

Now we know the answer is yes, and the ATF declared hundreds of thousands of people to be felons. And that was a signal to every other bureaucrat in every other federal agency and department: Do whatever you want.

Today, Trabants became M1A2 Abrams Main Battle Tanks, on the whim of a bureaucrat, on the suggestion of a man with no respect for the Constitution and rule of what used to pass for law.

Added: Despite my pessimism, this still a battle worth fighting. Help the FPC help you.

[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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Poll: What do you expect of Associate Justice Kavanaugh?

Our new Associate Justice of the Supreme Court, Brett Kavanaugh, has been sworn in after a highly contentious confirmation process. The majority of the media attention — Left, Right, and that which tries to limit bias — was focused on his character, as defined by — admit it — unsubstantiated allegations.* To the extent that his judicial history has been adressed, that has largely been limited to Roe vs. Wade, and to a lesser degree Second Amendment issues. For better or worse, Kavanaugh will be ruling on cases.

Update: PollDaddy keeps duplicating the 2A response for some reason. I’ve even gone back and deleted the one, and it comes back. On another poll, it deleted all my answers; I had to go back and reenter them. I think it’s time for a new poll service.

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Cautiously Dubious: SCOTUS Nominee Brett Kavanaugh

I’m still researching this guy. I’m not overly thrilled with some political stuff in his background. On the other hand, the LA Times says this:

Kavanaugh appears to support broader gun rights under the 2nd Amendment. In 2011, he filed a 52-page dissent when the appeals court, by a 2-1 vote, upheld a District of Columbia ordinance that prohibited semiautomatic rifles Kavanaughand magazines holding more than 10 rounds. The judges in the majority, both Republican appointees, noted that several large states, including California and New York, enforced similar laws.

But Kavanaugh said the ban on semiautomatic rifles was unconstitutional because the weapons are in common use in this country. “As one who was born here, grew up in this community in the late 1960s, 1970s and 1980s, and has lived and worked in this area almost all of his life, I am acutely aware of the gun, drug and gang violence that has plagued all of us…. But our task is to apply the Constitution and the precedents of the Supreme Court, regardless of whether the result is one we agree with as a matter of first principles or policy,” he wrote.

Maybe. But to the LAT, anything short of full support for outlawing all firearms (except, somehow, the criminals’) looks like a rabid, pro-RKBA radical.

Then there’s this line from the National Review

“Brett Kavanaugh is basically John Roberts 2.0, a product of the Bush Administration and the conservative legal elite,” says Dan McLaughlin of the conservative “National Review.”

Joy. Another “conservative” who, once on the bench, acts as if wholely owned by the Democrats?

On RKBA, Kavanaugh appears to be acceptably constitutionally-minded. On other issues, like taxes, he’s weaker in terms of individual rights. We’ll simply have to wait out the confirmation process (which will be quite a circus; possibly even more so than the usual SCOTUS nomination).

Just remember that Kavanaugh has been nominated by a man who ran on a pro-RKBA platform, then directed the DOJ to regulate/ban inert plastic accessories as machine guns in crazed contrast to reality, opening the door to a “machine gun” ban on virtually every repeating firearm in existence.

If only I could ask questions of Kavanaugh in confirmation hearings.

  • Do words have meaning?
  • Will your decisions be based on the constitution as written, or as interpreted under the latest fad for imagined fairness in outcomes?
  • If one must demonstrate “standing” by being damaged by a law before filing suit against it, must one wait to be shot before exercising self-defense?
  • Does due process matter? Does due process still matter in ERPOs”?

That’s a start.

What questions would you like to hear during the confirmation?


Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar. He could use the money, what with truck repairs and recurring bills.

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