Member Post

 

Ashli Babbitt is, as far as we know, the only person to die as a direct consequence of a deliberate act of violence during the riot of January 6 in Washington D.C. She’s the young woman who was shot by an unnamed Capitol employee while climbing through a window in the Capitol Building. Ms. Babbitt […]

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Join Jim and Greg as they welcome Judge Cahill publicly rebuking Rep. Maxine Waters for demanding a guilty verdict and demanding more confrontation from demonstrators if they don’t get it. They also hammer CBS News for talking about where some of the jurors live as we wait for a verdict. And they cringe while discussing a legal effort to decriminalize incest in New York. Finally, they share their memories of former Vice President Walter Mondale, who died Monday at age 93.

One Vote Republic: America in the Balance

 

In 2020, Senator Ted Cruz wrote One Vote Away: How a Single Supreme Court Seat Can Change History, and in 2021 we see the United States Supreme Court again making his case. On 9 April 2021, amidst the continuing media smoke screen of one crisis or another, the U.S. Supreme Court issued a 5-4 decision holding at Americans who want or believe they need to physically assemble together in bible study will likely prevail against the Christian-hating communists running California. The razor thin majority made explicit that they were slapping down the 9th Circuit againThe left wing disagreed, regurgitating the lab-coat left’s long-rehearsed lies, and G.W. Bush’s man on the bench, John Roberts, Jr., sided with the left while taking the dodge of not adding his name to their rationale for standing our First Freedom on its head. Personnel is policy and this latest disgraceful episode again affirms the danger of letting RepubliCAN’Ts nominate justices without careful scrutiny across all areas of supposed conservative concern, from national security, to economic, to religious/ cultural conservativism. A read of the slim majority’s written opinion and a perusal of the current and retired living justices’ official biographies is instructive.

Personnel is policy, especially with Supreme Court justices:

The Left Wing:

Join Jim and Greg as they see some glimmers of good news for Putin critic Alexei Navalny but wonder how firm the Biden administration really plans to be when it comes to Russia. They also shudder as prices for fuel, food, and other goods, are clearly on the rise. And they call out Rep. Maxine Waters for suggesting anything less than a guilty verdict for murder in the Derek Chauvin case should result in more confrontation in the streets.

Join Jim and Greg as they shred the blatantly partisan attempt by congressional Democrats to add four more seats (meaning lefties) to the U.S. Supreme Court but welcome House Speaker Nancy Pelosi announcing she has “no plans” to bring the bill up for a vote. They also react to the new polling showing a sharp drop in public confidence in the Johnson & Johnson COVID vaccine since the FDA ordered a pause this week. And they examine how Michigan’s COVID numbers are very high but interest in the vaccine is quite low.

Join Jim and Greg as they update the “incident” at the Natanz nuclear site and enjoy learning how it was much more devastating than first reported. Then they feel very weird agreeing with former Senate Majority Leader Harry Reid but believe he right to warn the Democrats against court packing. They discuss the significance of the FDA and CDC calling for a pause in administering the Johnson & Johnson COVID vaccine. And they discuss the inexplicable error of a Minnesota police officer in a recent shooting death there but also hammer Michigan Rep. Rashida Tlaib for suggesting this case is further proof that we need to abolish police and incarceration.

Justice Thomas Concurs, Slams Big Tech

 

Justice Clarence ThomasJustice Clarence Thomas has, for a second time recently, rung the alarm bell about the tyranny of Big Tech. Instead of empty posturing, like every Senator and Congress-critter, Justice Thomas paints a road map for legal strategies and arguments to put the tyrants firmly under controls that restore our Constitution. Justice Thomas just needs the right case and three men and a woman of courage to join him.

Justice Thomas wrote his latest concurring opinion in the context of a case against President Trump, where a lawyer alleged President Trump violated the Constitution in blocking this individual from @realdonaldjtrump on Twitter. The case being brought against the president, the name of the case, when it was dismissed as moot by the U.S. Supreme Court in the first week of April 2021, had changed to BIDEN v. KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIV. Justice Thomas points out that “public forum” law does not fit well with online platforms. He then outlines two other doctrines that have a long legal history of application to private businesses: “common-carrier law” and “public accommodation law.”

If part of the problem is private, concentrated control over online content and platforms available to the public, then part of the solution may be found in doctrines that limit the right of a private company to exclude. Historically, at least two legal doctrines limited a company’s right to exclude.

Join Jim and Greg as they serve up three crazy martinis. First, they look at Michigan’s terrible COVID numbers and discuss why Gov. Whitmer is asking but not mandating that high schools suspend sports and in-person classes. They also groan as President Biden sets up his special commission to consider changes to the Supreme Court, including the number of justices and how long they should be able to serve. And they’re glad to see all the real problems in the world must be solved since CNN is busy declaring Asian font to be racist.

Join Jim and Greg as they applaud Arizona Democrat Kyrsten Sinema for thus far refusing to kill or even “reform” the Senate filibuster – despite immense pressure from the left. They also shake their heads as New York Sen. Kirsten Gillibrand tries to argue that paid leave, child care, and caregiving fall under infrastructure. And the California recall spectacle may already be underway as the first celebrity hints at running for governor.

Join Jim and Greg as they welcome the Biden administration’s grudging concession that there needs to be upgrades to our physical barriers along the U.S.-Mexico border. They also groan as the Senate parliamentarian, as expected, will allow the Democrats to pursue one more bill by a simple majority during this fiscal year. That means the $2 trillion “infrastructure” bill can become law without a single GOP vote in Congress. And they get a kick out of President Biden trying to pretend he wasn’t a major catalyst in getting the all-star game moved out of Atlanta.

Jim is back! Join Jim and Greg as they cheer Georgia Gov. Brian Kemp for speaking the truth about the new Georgia elections bill and contrasting it with the hyperbolic lies of the left. They also examine the bizarre effort of what Jim calls the “Democrat outrage complex” to get the Major League All-Star Game moved from Atlanta. And they welcome the news the Democrats are no longer trying to steal an Iowa congressional seat but the excuse for giving up the effort is truly pathetic.

Member Post

 

A few minutes ago I learned that Nigerians are required to obtain a “National Identity Number” on pain of 14 years jail time.  I was thinking about that and wondering how we’d respond: Which led me to remember that essentially all of us have Social Security Numbers. But then I remembered something else.  All male […]

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Join Greg and Chad Benson as they cheer a very good March jobs report, showing more 900,000 new jobs added last month. They also wade through the sordid allegations emerging against Florida GOP Rep. Matt Gaetz and his counter-allegations that he the victim of an extortion attempt. And they react very strongly to Dr. Leanna Wen saying states should not open up yet because opening up should be conditional upon people getting vaccinated. She says, “Otherwise, people are going to go out and enjoy these freedoms anyway.”

Labor Law and ‘Takings’ Clause Collide

 

Last week the Supreme Court heard oral argument in the highly contentious case of Cedar Point Nursery v. Hassid. The case lies at the troubled junction of labor and takings law, which operate from fundamentally different premises.

In this instance, state regulations under the California Agricultural Labor Relations Act of 1975 (CALRA) provide that “an agricultural employer’s property shall be available to any one labor organization for no more than four (4) thirty-day periods in any calendar year.” The period of access covers one hour before work, one hour after work, and one hour during lunch for employees to “meet and talk” about union representation.

In this case, however, the United Farm Workers (UFW) entered Cedar Point’s trim sheds one morning at 6 a.m. using bullhorns, during work hours, thereby disrupting the employer’s business operations. That simple action gives rise to two very different claims. The first, and more modest, claim is that the UFW engaged in an unfair labor act under CALRA by going beyond its regulation. The second is that the CALRA itself is unconstitutional. Any trespass onto the employer’s property, which the regulation explicitly authorizes, constitutes a taking of private property, Cedar Point argues, in violation of the Fifth Amendment that provides “nor shall private property be taken for public use without just compensation.”

Joe Selvaggi talks with Pioneer Institute senior legal fellow Jim McKenna about Massachusetts’ drug prosecution cases resting on evidence produced by badly mismanaged drug testing labs, and the implications for potentially hundreds of thousands convicted on erroneous, tainted, or fabricated evidence.

Guest:

Join Jim and Greg as they are glad to see at least a few House Democrats wanting little to do with Nancy Pelosi’s effort to steal a House seat away from the GOP. They also mourn the victims of the mass shooting in Boulder, Colorado, and rip into the constant habit of partisans trying to  instantly blame their political rivals for the evil actions of someone else. And they not very impressed with Sidney Powell’s assertion that she can’t be sued by Dominion for defamation because no reasonable person should have believed what she was saying about the 2020 elections.

Host Joe Selvaggi talks with Pioneer Institute’s Mary Z. Connaughton about the value of transparency and Pioneer’s extensive work to provide greater access to legislative and policy information to hold elected officials accountable and build trust in our state government. Read Pioneer Institute’s Sunshine Week Transparency Resolutions.

Guest:

Join Jim and Greg as they applaud Florida Gov. Ron DeSantis for refusing to spend “one red cent” of taxpayer money on Critical Race Theory on the Florida civics curriculum. They also hammer the naked hypocrisy and opportunism of Senate Democrats who constantly tried to filibuster the Trump agenda but now insist it’s an ugly impediment to democracy and equality. And they shred New York City Mayor Bill de Blasio for wanting police to confront people who have committed no crimes but may have hurt someone else’s feelings.

Member Post

 

And…..turns out Michigan’s Secretary of State violated state law during the 2020 election.  Who knew?  I mean, I had heard it was all a bunch of conspiracy nuts complaining about the election results. Judge Rules Michigan Secretary Of State Violated State Law With Absentee Ballot Order Preview Open

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Join Jim and Greg as they enjoy watching California Gov. Gavin Newsom admit there will likely be a tough recall campaign against him on the ballot soon.  They also hammer the Biden administration for refusing to allow border security personnel to speak to the media and demanding the press send all inquiries to Washington. And they unload on unserious Rhode Island Sen. Sheldon Whitehouse for alleging the FBI faked its investigation into Supreme Court Justice Brett Kavanaugh.