Displaying the most recent of 90901 posts written by

Ruth King

Supreme Court 9, Administrative State 0 The Justices rule that individuals can take a constitutional challenge to federal agencies directly to federal court.

https://www.wsj.com/articles/supreme-court-axon-v-ftc-sec-v-cochran-administrative-state-federal-court-elena-kagan-43f6b20?mod=opinion_lead_pos2

The Supreme Court on Friday dealt the administrative state another blow with a 9-0 decision holding that individuals and businesses harpooned by an independent agency don’t have to suffer a torturous government adjudication to challenge its constitutionality in federal court (Axon Enterprise v. FTC and SEC v. Cochran).

The private litigants in these cases want to challenge Federal Trade Commission and Securities and Exchange Commission actions on grounds that the agencies are unconstitutionally structured. But the discrete question before the Court was whether they had to run through the agencies’ long and costly administrative process before they could go to federal court.

The government claimed they did, but a unanimous Court disagreed. In the controlling opinion, Justice Elena Kagan explained that both parties in the two cases allege they are “‘being subjected’ to ‘unconstitutional agency authority’—a ‘proceeding by an unaccountable [administrative law judge].’”

“This Court has made clear that it is ‘a here-and-now injury,’” she writes, citing its Seila Law (2020) precedent. “And—here is the rub—it is impossible to remedy once the proceeding is over, which is when appellate review kicks in.” Judicial review after cases are adjudicated by the government “would come too late to be meaningful.”

Democrats to Biden: Ensure aid to Israel isn’t used in support of human rights violations

https://www.israelnationalnews.com/news/369983

A group of 14 Democratic lawmakers on Thursday urged the Biden administration to undertake a foundational shift in its approach to the Israeli-Palestinian Arab conflict.

Spearheaded by Rep. Jamaal Bowman and Sen. Bernie Sanders, the letter, quoted in Haaretz, urges US President Joe Biden and Secretary of State Antony Blinken to “undertake a shift in US policy in recognition of the worsening violence, further annexation of land, and denial of Palestinian rights. Only by protecting democracy, human rights, and self-determination for all Palestinians and Israelis can we achieve a lasting peace.”

The letter was signed by Reps. Cori Bush, Andre Carson, Summer Lee, Betty McCollum, Alexandria Ocasio-Cortez, Ilhan Omar, Ayanna Pressley, Rashida Tlaib, Raul Grijalva, Bonnie Watson Coleman, Jesus “Chuy” Garcia and Delia Ramirez.

The lawmakers are further urging the Biden administration to ensure US taxpayer funds are not supporting “Israeli settlements projects”, and to determine whether US military aid is in violation of the Arms Export Control Act or the so-called “Leahy Law.” The Arms Export and Controls Act stipulates that US weapons are sold only for legitimate self-defense, while the Leahy Law prohibits US funding from being used to equip or train foreign military forces suspected of human rights abuses or war crimes.

“Furthermore, we call on your administration to ensure that all future foreign assistance to Israel, including weapons and equipment, is not used in support of gross violations of human rights, including by strengthening end-use monitoring and financial tracking. We ask that you respond with a detailed plan as to how the administration plans to achieve that goal,” the letter says.

The lawmakers wrote that they are “deeply concerned by Israeli government moves that demonstrate that illegal de facto and de jure annexation of the occupied West Bank is well underway,” stressing that “this Israeli government’s anti-democratic mission to dismantle the rule of law is a threat to Israelis and Palestinians alike.”

“We know your administration has met repeatedly with Israeli officials to reiterate US support for ‘equal measures of freedom, dignity, security and prosperity’ for both Israelis and Palestinians. Unfortunately, these good faith entreaties have had no effect,” they note.

Jonathan Tobin:The ‘occupation’ myth is the engine of antisemitic terror The biased reactions of U.N. officials and corporate media to attacks on Israelis as well as to disputes over Jerusalem’s Temple Mount are rooted in leftist lies about Zionism.

https://www.jns.org/opinion/the-occupation-myth-is-the-engine-of-antisemitic-terror/?utm_source=sendinblue&utm_campaign=Daily%20Syndicate%2004-14-2023&utm_medium=email

Anger at the U.N.’s “Special Rapporteur for the Palestinian Territories” Francesca Albanese for her outrageous slanders of Israel is more than justified. So is frustration and outrage about biased coverage of the Middle East in leading corporate media outlets like CNN and The New York Times of a string of deadly Palestinian terror attacks as well as recent events on Jerusalem’s Temple Mount.

The never-ending series of egregious comments from Albanese provides plenty of fodder for critics of the United Nations and the international “human rights” community. Similarly, news reports that treat terrorist attacks on Jews with indifference while hyping the shootings of Palestinian terror suspects by the Israel Defense Forces or even attempts to restore order on the Temple Mount after the mosques there were commandeered by rioters into grave violations of human rights are flagged by the vital groups that monitor anti-Israel media bias.

These awful examples of how both international groups and the media misreport and falsely characterize events in Israel are, by themselves, important and deserve vigorous pushback. But such statements and media coverage that might well be termed more a form of disinformation or propaganda than journalism are just the tip of the iceberg that those who care about the campaign against Israel must confront. And, as important, even essential, as it is to call out each and every such instance of lies and prejudice may be, the confluence of so many egregious incidents should serve as a reminder that the problem goes much deeper.

The bile and lies tweeted by Albanese as well as most of the media coverage of what’s been happening on the Temple Mount as well as in attacks, such as the tragic slaying of 48-year-old Lucy Dee and her daughters Maia, 20, and Rina, 15, when Palestinian terrorist fired on their car, is infuriating. But it’s not merely the product of indifference to Jewish suffering and rights or even antisemitism, though all of it can be easily observed in such cases.

Climate Change Alarmism Is a Lie that Must Stop by Drieu Godefridi

https://www.gatestoneinstitute.org/19580/climate-change-alarmism

With China opening an average of two new coal-fired power plants a week and India apparently more determined than ever to continue its development curve, as is the entire non-Western world, global CO2 emissions will continue to rise for the foreseeable future. There is not yet any available, inexpensive alternative to fossil fuels.

This increase in global CO2 emissions would be inevitable even if the West persists in its efforts to reduce emissions: Western reductions are — and will continue to be — more than offset by the increase in emissions in the rest of the world.

“Setting an example” to regimes and countries around the world that often hate the West simply enables those countries to grow stronger, while the countries setting the example weaken themselves by committing themselves to severe economic disadvantage — while having virtually no net effect on the climate…. Meanwhile, as they grow, they would doubtless be extremely happy to see the West hobbling itself.

The climate knows neither Europe nor Asia. Nothing that Europe and the West accomplish in this field has the slightest meaning if reduction of emissions is not global.

In its fifth and latest (full) report, the IPCC estimates that a 3° warming — twice the Paris Agreement target — would reduce global economic growth by 3%. Three per cent a year? No, 3% by the year 2100. This amount represents a reduction in global economic growth of 0.04% a year, a number that is barely measurable statistically. That is in the IPCC’s pessimistic scenario. In the more optimistic scenarios, the economic impact of warming will be virtually non-existent.

[A]ccording to the data of the IPCC itself, the economic growth and well-being in Europe and the United States are more threatened by extremist and delusional environmental policies than by global warming.

“The EU and its Member States have focused on climate policy, mobilizing enormous financial and human resources, thereby reducing the resources necessary for the development of its industry and weakening the security of energy supply.” — Jean-Pierre Schaeken Willemaers, Thomas More Institute, president of the Energy, Climate and Environment Cluster, science-climat-energie.be, February 22, 2023.

Future generations will judge us harshly for allowing extremist environmental activism to enfeeble us in the West, while a hostile East – China, Russia, North Korea and Iran — continue to advance their industrial and military capabilities. Instead of trying to fight CO2 emissions, we would do better to invest in researching ways to make reliable supplies of energy both cleaner and less expensive so that everyone — by choice — will rush to use them.

Global emissions and the accumulated stock of CO2 in the atmosphere will, unfortunately, not be decreasing any time soon, but that is no reason to let the global standing of the West decrease instead.

Since 1992 and the Earth Summit in Rio, the West has been living under the spell of a “climate emergency” that is repeatedly renewed but never happened. Since then, the West – and only the West — has set itself the main goal of reducing CO2 emissions (and other greenhouse gases, implied in the rest of this article).

Is Hamas smelling Israeli weakness? Ruthie Blum

https://www.jpost.com/opinion/article-739190

In a 2004 Israel TV interview on their newly published book about the Second Intifada, co-authors Avi Issacharoff and Amos Harel recounted the purpose of the joint endeavor and what their research uncovered. Expressing amazement at their findings, show host Meni Pe’er (who died a decade later) pointed in particular to their research on suicide bombings.

“Yes,” said Issacharoff. “In The Seventh War: How We Won and Why We Lost the War with the Palestinians, we tried to examine the thinking of Hamas, not merely that of the Palestinian mainstream.”

To do this, the two Israeli correspondents and commentators on Arab and Middle East affairs spoke to senior Hamas officials. Among these was Sheikh Hassan Yousef.

Yousef, a co-founder and spiritual leader of the terrorist organization, spent several stints in Israeli prisons. Today, he is in charge of the group’s West Bank (Judea and Samaria) operations.

According to Issacharoff, Yousef explained that one of Hamas’s goals in its overall pursuit of the Jewish state’s ultimate destruction had been to foment and enhance internecine Israeli strife. Evidence of a schism on which the organization could build, Yousef told the authors, lay in calls on the part of the Israeli Left for a complete withdrawal from Judea, Samaria and the Gaza Strip, and for IDF soldiers and reservists to refuse to serve in those territories. 

It was the latter, above all, he said, that buoyed Hamas to keep up its suicide attacks on Israelis.

MY SAY: DOUBLE STANDARDS

September 2019- The controversial call that spurred an impeachment inquiry. On July 25, President Trump spoke with Ukrainian President Volodymyr Zelenskiy.
The summary of the controversial phone call between President Donald Trump and Ukraine’s president in which Trump asked his counterpart to look into former Vice President Joe Biden and his son Hunter Biden was released.

The release came a day after House Speaker Nancy Pelosi announced that she was launching an impeachment inquiry related to the phone call.

“There’s a lot of talk about Biden’s son, what Biden stopped the prosecution and a lot of people want to find out about that, so whatever you can do with the attorney general would be great,” Trump said to Zelensky in the call.
Zelenskiy, when asked in the open, has said he never felt “pushed” by Trump.

Woke marketing forced on firms is alienating American consumers By Vivek Ramaswamy

https://nypost.com/2023/04/13/tragic-trans-battle-of-the-brands/

Consumers across the country were bewildered last week when Budweiser and Nike waddled into the transgender debate.

Inexplicably, in less than a week, both the King of Beers and the athletic apparel behemoth dubbed trans activist Dylan Mulvaney the new face of their respective brands. 

It doesn’t take a marketing executive to spot that this probably isn’t a winning sales strategy. 

But the knee-jerk response among most people is: What the heck is going on in corporate America?

What the heck is going on in this country? 

Sure, it’s a fast-track for a CEO to virtue signal and curry social status and power.

But that’s only a piece of the story. 

This is just the latest episode of a mystifying trend in corporate culture.

I wrote an entire book, “Woke, Inc.,” about it, but there’s a more complex dimension that deserves an exploration of its own: the ESG movement in capital markets.

I expose this trend in my sequel “Capitalist Punishment” later this month (that’s not a plug, that’s a promise). 

Here’s how the game works: The world’s largest asset managers use your retirement funds, 401(k) accounts and investment dollars to pressure US companies to adopt political agendas that most Americans did not and would not vote for at the ballot box.

This isn’t a theoretical idea or a conspiracy theory. It’s a plain description of reality. 

Chevron buckles 

Take what happened at Chevron in 2021: A Dutch nonprofit founded by a former refrigerator salesman who wanted to fight climate change submitted a shareholder resolution demanding that Chevron reduce “Scope 3 emissions.”

The Environmental Protection Agency’s website defines those as emissions that are “the result of activities from assets not owned or controlled by the reporting organization, but that the organization indirectly impacts in its value chain,” including employee commuting, leased assets and downstream use of products by customers. 

This is a completely senseless decision for an American oil company to make — it’s like asking McDonald’s to take responsibility for reducing the body weight of adults who eat Big Macs, without asking the consumer to share any semblance of responsibility. 

Chevron’s board initially recommended to shareholders against adopting the proposal.

Ex-Biden official Sam Brinton accepts plea deal in Las Vegas luggage theft By Katherine Donlevy

https://nypost.com/2023/04/13/ex-biden-official-sam-brinton-accepts-plea-deal-in-las-vegas-luggage-theft/

The former Biden administration official accused in two separate stolen-luggage cases in different states was ordered to pay one of their victims back — but given no jail time — Tuesday after they pleaded no contest to the bizarre theft.

Samuel Brinton, who is nonbinary and uses they/them pronouns, was given a 180-day suspended jail sentence for lifting a woman’s suitcase from Las Vegas‘ Harry Reid International Airport in July 2022, according to court records obtained by Fox 5.

As part of the plea deal, Brinton was charged with a misdemeanor instead of a felony.

A judge ordered them to pay $3,670.74 in restitution for the stolen luggage, which contained pricey jewelry, clothing and makeup.

The 35-year-old was caught on surveillance footage wearing a white T-shirt with a large rainbow-colored atomic nuclear symbol design — that Brinton was also caught wearing in an Instagram photo they posted later that day.

The 35-year-old was working as the deputy assistant secretary for spent fuel and waste disposition at the Department of Energy’s Office of Nuclear Energy when they committed the fashion crime, but has since been fired.

Brinton still faces felony charges in a similar case that alleges they struck again two months after the incident during a trip to Minnesota from Washington, DC.

Bragg’s Farce and the Path to 2024 We could be witnessing a masterclass in subversive campaign strategizing. By Hicham Tohme

http://www.ruthfullyyours.com/wp-admin/post-new.php

There is little doubt in people’s minds that Manhattan District Attorney Alvin Bragg’s indictment of former President Donald Trump is politically motivated. Polls show that 60 percent of Americans believe it to be the case, including 70 percent of independent voters, and even 30 percent of Democrats. 

Bragg has so far failed to reveal any legal merit to his prosecution, especially since he bumped the charges from misdemeanors to felonies. Incidentally, his tenure as district attorney has been marred with a staggering 22 percent increase in crime, partly due to his decision to downgrade 52 percent of felony charges to misdemeanors.

The double standards employed in this case are clear as day and the public relations repercussions of Bragg’s actions did nothing but favor Trump’s bid for his party’s nomination for the presidential election next year. In the 48 hours following his arraignment in a New York City court, the Trump campaign took in more than $5 million in donations, while the great majority of the Republican Party rallied behind the former president, including some of his prospective competitors in the primaries.

Needless to say, Bragg’s rationale in pursuing such a reckless line of action deserves scrutiny. The general consensus in the media is that he is catering to a more radical segment of New York liberal voters. He hopes to shore up support, especially given his dismal record on the job.

As a campaign strategist, however, I am currently observing a masterclass in subversive campaigning on the part of the Democrats, not very dissimilar in logic to the approach they adopted during the last midterm elections, pulling an upset when they managed to tame the expected “red wave.”

Observers were baffled as to why the Democrats’ campaign talking points veered from vital issues of the day, including the poor state of the economy and the Biden Administration’s humiliating foreign policy choices, in favor of seemingly secondary subjects such as gender politics and abortion rights.

It turned out that some strategists in their campaign were thinking outside the box and figured that they were unable to convince Republicans to switch camps or independents to vote for a party that is clearly mismanaging the country. They could, however, prioritize consolidating their own voters, guaranteeing high voter turnout and commitment, particularly in swing states.

Tourist Terror Turns Ten Under Biden, the Boston Marathon bomber won’t be executed any time soon, if ever. by Lloyd Billingsley

https://www.frontpagemag.com/tourist-terror-turns-ten/

April 15 will mark ten years since Tamerlan and Dzhokhar Tsarnaev targeted the Boston Marathon with explosive devices that killed Lingzi Lu, 23, Krystle Campbell, 29, and Martin Richard, only eight years old.  The powerful pressure-cooker bombs also wounded more than 250 at the crowded annual event.

Police killed Tamerlan Tsarnaev in a shootout and captured younger brother Dzhokhar. His death sentence was overturned in 2020 and reinstated in 2022. This January, Tsarnaev made another bid to have his death sentence overturned, and Dzhokhar, 29, has to like his chances.  That invites a review of how the bombers got to Boston in the first place.

In April of 2002, Anzor Tsarnaev arrived in the USA on a tourist visa with sons Tamerlan, 15, and Dzhokhar, only eight at the time. The family gained asylum and Dzhokhar became a U.S. citizen on September 11, 2012, despite security concerns. In 2011, the Russian government warned the FBI that the Tsarnaevs had ties to Chechen terrorists.

More than a year before the bombing, Tamerlan traveled back and forth from Dagestan for terror training. He should have been stopped at JFK airport but his name had been misspelled in a security database. The FBI did conduct an investigation of Tamerlan but closed the probe in June of 2011, after finding “no links to terrorism.” As Bostonians and people across the country may recall, the FBI committed a similar lapse in 2009.

The bureau knew that U.S. Army Major Nidal Hasan was communicating with al Qaeda terrorist Anwar al-Awlaki about killing Americans. The FBI dropped the probe and on November 5, 2009, Hasan murdered 13 Americans and wounded more than 30 others at Fort Hood, Texas, yelling “Allahu akbar” as he fired. Pvt. Francheska Velez was pregnant, so the death count should be 14. Despite the carnage, the lessons of Fort Hood went unlearned.