Two Lawsuits Challenge Swampbuster and the Regulatory Labyrinth of the Administrative State By Janet Levy

https://www.americanthinker.com/articles/2024/10/two_lawsuits_challenge_swampbuster_and_the_regulatory_labyrinth_of_the_administrative_state.html

Dwight Waldo, whose 1948 book The Administrative State gave the eponymous term widespread usage, believed that public administration is rational action designed to maximize public goals.

Unfortunately, the administrative state and its bureaucrats no longer have the public on their minds.

Without any constitutional authority, the administrative state frames, enforces, and adjudicates the regulations of a plethora of alphabet agencies. Unelected bureaucrats, politicized by monied NGOs and lobbyists, exercise powers of all three branches of government, disregarding the separation of powers and the checks-and-balances provisions of the Constitution.

Such is the viselike hold of the administrative state that Chief Justice John Roberts, dissenting in a 2013 judgment on a regulatory scheme of the Federal Communications Commission (FCC), wrote: “The administrative state ‘wields vast power and touches almost every aspect of daily life….’ The Framers could hardly have envisioned today’s ‘vast and varied federal bureaucracy’ and the authority administrative agencies now hold over our economic, social, and political activities.”

An example of the arbitrary power the administrative state wields are some of the rules agencies have framed for the Swampbuster provisions, passed by Congress in 1985, under which the U.S. Department of Agriculture (USDA) can deny benefits to farmers who do not voluntarily give up farming on wetlands. And who designates wetlands? It is the Natural Resources Conservation Service (NRCS), a federal agency of the USDA. Using Swampbuster, the USDA has come to regulate property it would otherwise not have been able to.

However, four recent Supreme Court decisions have reined in the administrative state. The court swept aside decades-old precedents to shift the balance of power from the agencies to the courts. The Swampbuster provisions and NRCS-framed rules, too – seen by many legal experts as violative of property rights and overly broad in implementation – have been challenged in two recent lawsuits. Though the courts have yet to decide on the Swampbuster lawsuits, the four Supreme Court decisions will likely have a strong bearing on the cases.

Here, in brief, are the salient points of the four rulings:

It’s Still the Economy, Stupid Globalists! By J.B. Shurk

https://www.americanthinker.com/articles/2024/10/it_s_still_the_economy_stupid_globalists.html

A paradigm shift occurs when there is a radical change in thinking from an accepted point of view to a new one.  Changes in social consciousness are not easy.  Institutions defend orthodoxy with all their assorted powers, while new ideas receive support only from iconoclasts who are often dismissed as kooks or disparaged as domestic enemies.  

Prevailing opinion is like a heavy boulder sitting in the valley between several steep hills.  For a novel idea to succeed, its proponents must push that boulder up the slope until it reaches the top of a neighboring peak.  Two observations follow from this analogy: (1) when moving the heavy boulder of conventional wisdom in a new direction, the gravity of traditional consensus works to roll it right back into the valley where it originally rested, and (2) once the boulder is finally pushed up a hill with the force of sufficient evidence and popular support, it will quickly roll down the other side and rest in a new valley of conventional wisdom.  Changing human minds, in other words, is a punishing exercise until you reach a tipping point, when social change occurs rapidly.

We are right now in the midst of one of these phenomenal paradigm shifts.  Americans are “awakening” to the idea that the federal government does not have their best interests at heart.  They are pushing back against mass illegal immigration.  They are resisting government surveillance and censorship.  They are questioning economic regulations that have weakened private property rights while giving a small number of corporations and financial elites almost total control over commerce, the food supply, and the monetary system.  

Hamas Loyalist Professor: Russell Rickford at the Cornell University “[October 7th] was exhilarating! It was exhilarating! It was energizing.” by Sara Dogan

https://www.frontpagemag.com/hamas-loyalist-professor-russell-rickford-at-the-cornell-university/

#3: Russell Rickford, Cornell University

Cornell associate professor of history Russell Rickford made national headlines for his enthusiastic and boisterous approbation of Hamas’s barbaric October 7th massacre of Israeli civilians during which over 1200 were maimed, mutilated, and slaughtered, and hundreds more taken hostage.

At a rally hosted by the ironically-named group, Jewish Voice for Peace, in Ithaca, New York on October 15, 2023, barely a week after Hamas’s attack, Rickford lauded Hamas in the highest terms and celebrated the outright slaughter of Israel’s Jews.
“What has Hamas done?,” Rickford asked. “Hamas has shifted the balance of power. Hamas has punctured the illusion of [Israeli] invincibility. That’s what they’ve done…Hamas has changed the terms of debate.”
Rickford continued extolling the virtues of the terrorist group, saying that “Hamas has challenged the monopoly of violence” and that the Palestinians “were able to breathe for the first time in years” thanks to the bloody October 7th massacre.

“[I]t was exhilarating! It was exhilarating! It was energizing! And if they [Palestinians] weren’t exhilarated by this challenge to the monopoly of violence, by this shifting of the balance of power, then they would not be human. I was exhilarated!” Rickford concluded, expressing sheer joy at the extent of Hamas’s slaughter.

Even in the highly anti-Semitic world of higher education, Rickford’s remarks praising the massacre were considered a step too far. The professor requested and was granted a leave of absence from the university but remained an employee and is still listed as a professor on the university’s website.

Kamala Loses One-Person CNN Debate Even the state media can’t cover for her anymore. by Mark Tapson

https://www.frontpagemag.com/kamala-loses-one-person-cnn-debate/

As we enter the final stretch of election season, every day seems to bring another Trump/Vance victory in spite of a hostile media, and another embarrassing loss by the Harris/Walz campaign. Recently, for example, Trump endeared himself to regular Americans by putting on an apron and working the McDonald’s drive-thru; conversely, McDonald’s dealt a fatal blow to Kamala’s claim she had worked for them as a teenager by releasing a statement declaring they could find no evidence of that. She is looking more and more like the most hapless, brainless, inauthentic, unqualified presidential nominee in modern history, if not ever. Even the state media like CNN can’t cover for her anymore, as evidenced by the tepid assessments of CNN commentators in the wake of Kamala’s recent CNN town hall hosted by Anderson Cooper.

To recap: when the Democrats realized that Joe Biden could no longer be propped up as their 2024 candidate, they found themselves painted into a corner. The Democrat kingmakers – Barack Obama, Susan Rice, and Valerie Jarrett – needed to step in and depose the decrepit Biden but didn’t want to fall back on Vice President Harris, whom they knew was devoid of accomplishments, likeability, brains, and presidential charisma, but how could they not go with her? Running the vice president as the nominee would ordinarily be the obvious move; leap-frogging over Kamala and selecting someone else would be a clear acknowledgement that she had never been anything but a diversity hire. And how could the party of identity politics not go with a “woman of color”? It would discredit their entire ideology.

So they rolled the dice and installed Kamala, knowing she was not ready for prime time but counting on a supportive media and a strategy of painting Trump as Hitler 2.0 to get her over the finish line. But in the ensuing months she has not only not risen to the occasion, she and her campaign are flailing to such an extent that all they have left is to fear-monger hysterically about Trump as A Threat to Democracy™.

Then came CNN’s Wednesday evening town hall in Philadelphia. David Urban nailed it when he declared afterward that she lost a one-person debate. A couple of examples of her prevaricating and fumbling will suffice to give a sense of just how badly the event went for her.

When Cooper hit her with a question she should have seen coming from a mile away – is Trump’s idea of a border wall actually “stupid,” as she had initially called it? – she panicked immediately and rambled about Trump until Cooper interjected to get her back on track. As an open borders enthusiast who plans to give citizenship to millions of illegals in the country, she had the nerve to say that there needs to be a legal process for immigration and that she will secure the border. Cooper flustered her further by pressing: “So you don’t think the idea of a border wall is stupid anymore?” and she responded again by attacking Trump and complaining that “he didn’t do much of anything” with the wall.

It’s unhinged to compare Trump to Hitler This fear-mongering campaign will only turn more voters off the Democrats. Jenny Holland

https://www.spiked-online.com/2024/10/24/its-unhinged-to-compare-trump-to-hitler/

It was the October surprise that surprised no one. America’s political and media elites have this week alleged that Donald Trump is just like Adolf Hitler. This might be a little more shocking if they hadn’t been claiming exactly this for the best part of eight years.

The prompt for the latest round of hysterical Trump-Nazi comparisons came from John Kelly, a former Trump chief of staff turned Trump-hater. In an interview with the New York Times, Kelly claimed that his former boss spoke wistfully of Hitler and said he wished that he had Hitler’s generals. Kelly is certain that Trump meets the ‘definition of a fascist’, having found a general definition online.

Trump’s campaign adamantly refutes Kelly’s claims. But vice-president Kamala Harris, Trump’s increasingly desperate presidential rival, has predictably seized on Kelly’s comments. She took time out from her busy schedule of preparing truly terrible answers for her CNN Town Hall yesterday, to stand in front of a podium with the presidential seal on it and denounce Trump as ‘a fascist’ who wants ‘unchecked’ power. Citing Kelly’s claims, she said that Trump wants ‘a military who will be loyal to him, personally, one that will obey his orders, even when he tells them to break the law or abandon their oath to the constitution of the United States’.

It seems the empty ‘joyous’ vibe that initially characterised Harris’s campaign has now given way to dystopian fear-mongering about the return of fascism. Harris is now reviving the core message of Joe Biden’s campaign – that Trump poses an existential, fascist-like threat to American democracy. It’s desperate stuff.

The Biden Iran Scandal Gets Worse

https://www.nationalreview.com/2024/10/the-biden-iran-scandal-gets-worse/

The source of last week’s leak of U.S. intelligence about Israel’s plans to strike Iran, which has occasioned an investigation, isn’t yet known. What should be obvious, though, is that no individual who has had extensive contact with Iranian intelligence and diplomatic officials, and who has deferred to the direction of those officials before, should have ever been put in a sensitive position in the first place.

The Biden administration has ignored this rather simple rule.

The most glaring example of its questionable handling of the Iran portfolio is Biden Iran envoy Robert Malley’s continued employment by the State Department amid a probe into his handling of classified materials and the possibility that he shared information with the regime. Though Malley has since been suspended, it’s noteworthy that the administration has opted to technically keep him in the role, no doubt wishing to avoid the political fallout that would come with terminating him.

Possibly worse than Malley’s appointment is that of Ariane Tabatabai, an academic turned State Department and Pentagon official. She was part of the now-infamous Iran Experts Initiative — a program used by Tehran’s Ministry of Foreign Affairs to cultivate relationships with foreign academics who could carry water for the regime.

At one point, according to reporting from Semafor, which revealed the program’s existence, Tabatabai opted to skip a conference in Israel after an Iranian official instructed her not to go. She also consulted with this same Iranian official regarding how she should testify in hearings before Congress. Her job today — chief of staff to the Pentagon official who oversees special operations.

It’s true that the leak of documents from the National Security Agency and the National Geospatial-Intelligence Agency could have come from any number of places. According to a former official who spoke to the Washington Free Beacon last week, they appear to have been available to “thousands upon thousands” of U.S. officials via a classified system.

But it’s also true that since October 7, pro-Hamas ideologues within the State Department have labored to leak information that would help their cause and damage Israel’s war effort.

Canada to ‘Significantly Reduce’ Immigration as Trudeau Caves to Public Pressure: Brittany Bernstein

https://www.nationalreview.com/news/canada-to-significantly-reduce-immigration-as-trudeau-caves-to-public-pressure/

Canada plans to “significantly reduce” the number of immigrants it allows into the country over the next two years, as Prime Minister Justin Trudeau reverses course amid falling public support for immigration.

Canada previously set a target of 500,000 new permanent residents in 2025. Under the new immigration plan, Canada will decrease that target by 21 percent, to 395,000. After 2025, the limit will shrink by roughly 4 percent each year as the government looks to set a target of 365,000 new permanent residents by 2027.

And for the first time ever, Canada will set a target for temporary immigrants. The new limitations, which will impact international students and foreign workers, will see admittance of non-permanent residents drop by roughly 445,000 in 2025 and 2026. By comparison, the country allowed in 800,000 temporary immigrants in 2023.

“This is temporary — to pause our population growth and let our economy catch up,” Trudeau said Thursday. “We have to get the system working right for all Canadians.”

The prime minister said during a news conference that the new plan is being put into place because the country “didn’t get the balance quite right” as it responded to the “tumultuous times” that followed the Covid-19 pandemic.

The new policy marks an about-face from Trudeau’s previous support for immigration that had allowed for a record increase of immigration to the country since he took office in 2015. Trudeau’s government raised annual permanent resident targets from 272,000 when he took office to 485,000 this year.

Immigration has driven 97 percent of the country’s population growth as it contends with worsened housing shortages, inflated rent prices, strained public services and rising unemployment. The country’s unemployment rate is particularly high among young people — 14 percent compared to 6.5 percent unemployment overall.

Fifty-eight percent of Canadians now feel that immigration levels are too high, according to a poll by the Environics Institute, which found public opinion on immigration levels has “effectively flipped from being acceptable (if not valuable) to problematic”.

Harris Finally Crashes and Burns on CNN by Jeff Blehar

https://www.nationalreview.com/2024/10/harris-finally-crashes-and-burns-on-cnn/

Even CNN’s own analysts panned the Democratic nominee’s performance. This was her first authentic campaign disaster.

The engines have flared out right at the end of the flight. The tank is out of gas. The weather is choppy, the navigation system completely unreliable, and the best guess is that you’re still short of the runway. (Oh, and the captain had a stroke while in the cockpit a few hours ago, leaving only a flight attendant as the pilot. She refuses to read the instruction manual or listen to the passengers.) Yes, it’s easy enough to spin up lovingly bespoke metaphors for how the Harris campaign is handling the late stages of the 2024 race — a race they very much could still win, I must always emphasize — but I’ll conclude this one by saying that if last night’s Kamala Harris CNN town hall (with Anderson Cooper hosting in the Philadelphia suburbs) is any indication, the plane may already be disintegrating in midair, before it even hits the ground.

You may have noticed that I’ve had a decidedly muted reaction to Harris’s other recent “serious” media interviews, whether Bret Baier at Fox News or Bill Whitaker on 60 Minutes, in the sense that while Harris was predictably awful in both sit-downs (almost relentlessly so), she was boring and unrevelatory in her awfulness. In other words, we learned nothing new about the depths to which she is capable of sinking performatively that we didn’t already know. They were water-treading exercises for the most part.

Last night’s CNN town hall, on the other hand, was memorably bad. This is the moment her campaign dreaded, the moment when the fundamental emptiness and inadequacy of their candidate was revealed for all the world to see without helpful edits or someone to bail her out. There Harris stood exposed — with an unpersuaded audience and a moderator in Cooper who handled his task without showing any particular solicitude for her electoral fortunes — and she withered in the spotlight. (As Dylan might have said, “Even the vice president of the United States sometimes must have to stand naked.”) There are moments from this event — many moments, oh so terribly many of them — that will haunt Harris in retirement forever should she lose, the sorts of ghastly stammering failures destined to go into YouTube clip reels ten years later explaining “How We Got Here.” (And if she wins? All is not forgiven, merely set aside — until the reality of her as president for four years takes its toll on Democratic fortunes, which will be quickly.)

As for myself, I found Harris’s answer to Anderson Cooper’s pointed question about the border fence to be perhaps the lowest moment of her entire public career to date, and I mean that in the specific sense that nobody who watches it — not even her fiercest partisans — will be able to come away from it with anything save a reflex-level revulsion. (For her friends, the reaction will be shame and desire to change the subject. For her enemies, it will be glee. For the vast majority of normal voters, it will simply be: “DO NOT WANT.”)

The Hierarchy of Democratic Deceit by Stephen Hayward

https://www.powerlineblog.com/archives/2024/10/the-hierarchy-of-democratic-deceit.php

It is a well-known pattern going back decades now that Democratic candidates conceal their leftist views from the voters, running as moderates, and sometimes, like Democratic Senator Bob Casey in Pennsylvania right now, practically denying they are even Democrats! We’ve seen how Kamala Harris has disavowed her previous far-left issue statements wholesale, while winking to the progressive base that “my values haven’t changed.”

I’m not sure it is working. Last weekend when driving around Berkeley, where there are always a ton of lawn signs ahead of an election, I noted how few Harris-Walz signs there were. If you delve into left-wing social media, you find out very quickly that a lot of progressives are furious with Harris for moving to the middle and abandoning her previous positions. The Bernie-swills are convinced that this is why she is slipping! For example:

One of the issues most conspicuously missing from the Harris campaign is climate change, which we are told is the greatest existential crisis facing humanity evah! If they really believe this, don’t you think they’d be talking about it more? Of course, as we reported back in June, there is solid survey evidence, from Democratic pollsters, that talking about electric cars actually reduced support for Joe Biden. (And now several Democratic candidates are saying “What electric car mandate? Never heard of it. . .” Even though their votes are on the record.)

Trump’s Media Haters Still Don’t Get It Martin Kaufmann

https://issuesinsights.com/2024/10/25/trumps-media-haters-still-dont-get-it/

Editor’s note: This has been excerpted with permission from the author. To read the entire article, click here.

This is an actual headline that appeared in a “journalism” newsletter 13 days before the election: “How much coverage of Donald Trump is too much?”

The column is from Tom Jones, senior media writer at the Poynter Institute and, you’ll not be surprised to learn, a man consumed by Trump Derangement Syndrome. I’ve said in the past that Jones’ daily “Poynter Report” column would be more accurately titled, “Why I Hate Donald Trump and Fox News.” (For what it’s worth, Jones would dispute this. In 2020, I sent him an email pointing out glaring biases evident in his commentary. He responded, among other things, by writing, “I can promise you that I don’t have an agenda other than to point out really good journalism and call out shoddy journalism.” Self-awareness apparently isn’t his strong suit.)

These days I only occasionally read Jones’ tedious, predictable commentaries, and only then for the same reason that a child pinches himself: to see how much pain I can endure.

In this instance, Jones claims to be upset that the legacy media has devoted so much time to Trump trolling Kamala Harris in a McDonald’s photo op and his outrageous asides, most notably ruminating on the late Arnold Palmer’s junk.