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.

Voting Act Doesn’t Deliver ‘For The People’

 

The “For the People Act” (FTP), designated HR 1, is by far the most comprehensive federal voting rights act ever proposed. The bill was introduced into the House of Representatives on January 4 and passed there along strict party lines two months later—220 for and 210 against. This divisive legislation represents a concerted effort by the House Democratic majority to consolidate and build on its gains from the 2020 election cycle. Its unabashed supporters, such as New York University’s Brennan Center for Justice, hail the legislation as “a roadmap to an inclusive, diverse, and equitable democracy.”

While there is much to criticize about the act’s hamhanded efforts to expand the regulation of campaign finance and disclosure requirements, I will concentrate on the FTP’s effort to organize a federal takeover of the electoral process as it applies to members of Congress and the president via the Electoral College. Its proposed changes are manifold. The FTP would mandate an expansion of automatic registration and same-day voting. It would create a two-week early-voting period and extend the franchise in federal elections to all former convicts. Finally, it would allow those citizens who lack any appropriate photo ID to gain access to the polls with sworn affidavits to their identity.

For all its ambition, FTP is vulnerable to both constitutional and administrative challenges. On the former, the new legislation appears to treat states as extensions of the federal government. By dictating the kinds of rules and regulations that states must adopt in order to comply with federal law, FTP may intrude on state authority to conduct elections. In addition, the act raises a host of practical problems, including the need for dual administration of state and federal requirements of the same election.

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The new hate crimes legislation in Scotland is controversial. https://www.bbc.com/news/uk-scotland-scotland-politics-56364821 The offensive statements can be made privately which opens the question of how they could be proven. It certainly opens up uncorroborated statements being used as a weapon in divorces. And why should it be anyone’s business what one says at home. I guess it’s another […]

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Join Jim and Greg as they marvel at some Democrats conveniently worrying about our massive debt just one day after passing a bloated COVID relief bill totaling $1.9 trillion and eyeing an even more expensive bill in a couple of months. They also discuss the sixth allegation of sexual harassment against New York Gov. Andrew Cuomo and when state Democrats will move from muttering things about resignation to an actual impeachment effort. And they discuss the mess at the southern border thanks to Biden’s deportation moratorium and stated plans of a pathway to citizenship for illegal immigrants.

‘Systemic Racism’ a Red Herring in Evictions

 

Last month, I testified before the New York State Advisory Committee to the United States Commission on Civil Rights on the vexed question of “Discrimination in Eviction Policies and Enforcement.” Several months before my testimony, the commission issued a report concluding that the United States “is in the middle of an eviction crisis, one in which persons of color are disproportionately impacted and suffer unequal treatment.” The study further held that the racial disparities in eviction that existed pre-COVID have been magnified since the pandemic struck—such that the eviction crisis has an important civil rights dimension.

The economic impact of the pandemic has been exceptionally devastating in New York, in part because of the severe limitations that Governor Andrew Cuomo placed on economic activities under his broad emergency powers. These restrictions directly hamper the ability of tenants to earn money and pay rent, thereby affecting the earnings of landlords, many of whom are part-time. The question then arises as to what kinds of remedial activities should be taken in both the short and long term.

To the New York State Advisory Committee, as well as many other commentators, the solution is a moratorium on tenant evictions. The committee believes the current moratorium should be kept in place, perhaps for as long as it takes for the economy to return to normal. This assessment is supported by the common assertion that the disparate impact of evictions on black and other minority populations is evidence of an entrenched form of “structural racism” that requires corrective measures. The disparate impact of the pandemic cannot be denied. But in my view, any claim of structural racism (or worse) cannot be sustained.