Category: crime and punishment

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crime and punishment judiciary regulation

The Court v. the Power Grabbers

bureaucrats, regulations, deep state, law

The U.S. Supreme Court giveth and the U.S. Supreme Court taketh away.

A slew of Supreme Court decisions is keeping us off balance. While we were still reeling from the blow delivered by Murthy v. Missouri’s go-​ahead for federal suppression of social-​media speech, the court also acted to rein in runaway bureaucrats.

The decision, which some call a “major blow to big government”  — let’s see how it plays out before echoing this — is Loper Bright Enterprises v. Raimondo. In this 6 – 3 ruling to limit the administrative state’s power to expand its power, the court reversed its own 1984 ruling, Chevron USA v. NRDC.

According to Stanford Law professor Michael McConnell, Chevron meant that when the actions of a federal agency — to stop you from cleaning up a pond (“wetland”) on your own property or whatever — end up being litigated, courts must “defer to the agency’s own construction of its operating statute” unless that construction is too wildly unreasonable.

Agencies consequently enjoyed “considerable leeway in determining the scope” of what they can do to us. 

Guess what. They typically prefer more power to less, less constitutional restraint to more.

“Chevron is overruled,” the new ruling states. Courts must “exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.”

Maybe more courts will now more often stop runaway bureaucrats in their tracks.

This is Common Sense. I’m Paul Jacob.

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crime and punishment folly ideological culture

Cold Truth

One of the climatic shifts supposed to be happening to our traumatized planet is the melting of polar ice into huge puddles of slush, with maybe a few polar bears helplessly drifting on the dwindling ice floes of a rising sea.

The alleged calamities of various alleged major climatic changes are allegedly due solely to human civilization. We can render the latter doctrine more plausible if we ignore all the major variations of climate that transpired for millions of years before mankind and industrial civilization showed up.

Anyway, if polar ice were indeed melting away over the long term, we could argue about the causes and effects.

But it doesn’t seem to be happening.

According to research at the University of Copenhagen using photographs and satellite data, the glaciers of Antarctica have been pretty stable over the last 85 years or so. (The SciTechDaily article about the findings calls this stability an “Antarctic Anomaly.”)

With the help of modern computer technology and aerial photographs going back to 1937, the researchers managed to track how the glaciers of East Antarctica have changed over the decades.

They found that “the ice has not only remained stable but also grown slightly over the last 85 years, partly due to increased snowfall.… While some glaciers have thinned over shorter intermediate periods of 10 – 20 years, they have remained stable or grown slightly in the long term, indicating a system in balance.”

Uh oh.

Chicken Little never had it so tough.

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights judiciary

States Without Standing

Friends of freedom of speech had been looking forward to a certain U.S. Supreme Court decision, Murthy v. Missouri.

The Biden administration has for years worked to suppress social-​media speech that disputes official government doctrines about biology, pandemic policy, elections, and other controversial matters. In short, the kind of speech the First Amendment was designed to protect.

Several suits have been launched against the federal government’s censorship. This one had been brought by Louisiana, Missouri, and other states, abundantly proving that administration officials actively pressed social-​media companies to suppress speech.

By a 6 – 3 vote, the court tossed lower-​court rulings that favor the states’ position. According to the decision’s coiled reasoning, the states lack legal right to sue. They lack standing.

Dissenting: Justices Alito, Gorsuch, Thomas.

The majority made a big point of ruling only on this question of “standing” — which none of us speakers of speech have, apparently — and not on the main question. We can hope, I guess, that some other case will someday be brought by plaintiffs whose rights the majority will concede have been infringed by the government’s infringing actions, which by their nature assault the right of freedom of speech of all Americans.

Meanwhile, in the words of Louisiana Attorney General Liz Murrill, the court’s decision “gives a free pass” to the government’s efforts to “threaten tech platforms into censorship and suppression of speech that is indisputably protected by the First Amendment.”

This isn’t a minor procedural setback.

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights

Assange: Freedom & Statuary

Julian Assange, freedom of the press, free speech, Wikileaks

Julian Assange, the founder of Wikileaks, has been set free, time served. 

On Monday, presidential candidate Robert F. Kennedy, Jr., called him a “generational hero,” celebrating his release from a decade and a half in confinement, under threat of U.S. prosecution for publishing “hacked documents.” 

Loathed by the American establishment, left and right, Mr. Assange had ruffled feathers of the war machine and then the Democratic Party — the latter for publishing the contents of Hillary Clinton’s infamous email stash. The attempt to get him to America from overseas was a complex (and failed) ordeal that pushed him first into confinement in an Ecuadorian embassy and then placed in a maximum-​security London prison.

Assange, who admitted guilt in a plea deal deal, did not agree to set foot on the American continent, so the court hearing took place in a U.S. District Court in Saipan on Tuesday.

“The bad news,” RFK, Jr., went on, “is that he had to plea guilty to conspiracy to obtain and disclose national defense info. Which means the US security state succeeded in criminalizing journalism and extending their jurisdiction globally to non-citizens.”

Empire’s gonna imperialize.

While Mike Pence, the 48th Vice President, fully objected to the plea deal, Representative Thomas Massie (R.-Ky) echoed Kennedy’s sentiments: “My plane landed in DC & I just heard Julian Assange will soon be free due to a deal. His liberation is great news, but it’s a travesty that he’s already spent so much time in jail. Obama, Trump, & Biden should have never pursued this prosecution. Pardon Snowden & Free Ross now.” 

Massie mentions two more persecuted individuals, leaker of unconstitutional NSA secrets, Edward Snowden (hiding from the American empire in Russia) and darknet (“Silk Road”) publisher Ross Ulbricht (a prisoner now in Tucson’s federal penitentiary, sentenced to two life terms).

In a follow-​up tweet, Kennedy offered “Next steps,” including erecting “a monument to Assange in Washington as a civics lesson for the American public about the importance of free speech,” pardoning Ed Snowden, and releasing Ross Ulbricht … “to show our commitment to transactional freedom.”

That latter commutation has been promised by former president and current Republican candidate Donald Trump. But “transactional freedom” is not exactly the byword of our age.

And statuary is hardly in vogue.

This is Common Sense. I’m Paul Jacob.

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crime and punishment defense & war Second Amendment rights

Brace Yourself & Your Gun

gun, gun brace, 2nd Amendment, gun rights, gun control

Many foes of Second Amendment rights want to outlaw guns for everybody except military, police, Secret Service, sundry federal agencies, and bodyguards for left-​leaning celebrities.

Since this isn’t politically feasible given at least intermittent legislative and judicial support for the right to bear arms, anti-​gunners often pursue various piecemeal bans. The hope is that these will add up to an overall prohibition. Or at least provide an excuse to go after any particular gun owner for neglecting to comply with some subsidiary prohibition.

The anti-​gun forces seemed to have been having some success with an outlawing of “stabilizing braces” on short-​barreled rifles. A voluminous ATF rule sought to partially or wholly ban these braces — basically an added pistol grip —  even though the same agency had earlier said such braces were okay. 

And why wouldn’t it be okay to have a pistol brace if it’s okay to have a thing that shoots bullets?

Maybe the idea is that if you’re in a situation where you have to fight for your life using a gun, and a brace would help, trying to survive is okay, sure, but you shouldn’t have too much of a chance to survive. A stabilizing brace might give you an unfair edge? I’m guessing.

In mid-​June, the Northern District of Texas tossed this ATF gun-​brace-​ban rule. Which, according to Judge Reed O’Connor’s decision in the case, Mock v. Garland, is “arbitrary and capricious.” As Shooting News Weekly puts it, “Oof.”

Unlike the similar looking (at least to me) “bump stock,” braces do not change the mechanism of firing. And bump stocks were overturned by the U.S. Supreme Court about the same time. While stabilizing braces seem here to stay, a decision by the Supreme Court may still be required.

This is Common Sense. I’m Paul Jacob.

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crime and punishment free trade & free markets regulation

Natural vs. Regulated

“I don’t need metabolically unhealthy politicians and obese bureaucrats watching out for my health,” The Telegraph quotes an anonymous source. 

The subject? “How milk became the new culture war dividing America,” published on June 22. It’s a “natural” vs. “technological” debate.

“For more than 130 years, Americans have been instructed that drinking milk that comes directly from a cow’s udder can be dangerous,” Tony Diver’s article begins, but how it ends is telling: “‘With respect to the question of food being natural — arsenic is natural,’ Prof Schaffner said.” And so, too, he says, is cyanide. 

“Sharks are natural. Those things can all kill you. So just because something is natural does not mean that it’s safe.’”

That sounds like something I’d say. 

But is it something to say about raw milk?

Consider the historical context. Raw milk and its products have been produced for human consumption for millennia. Of course there are dangers, and pasteurization has done wonders to curb bacteriological infections and death. Still, a lot of people wonder what we’ve lost in the pasteurization process. Nutrition and immune system health, for example. So for decades — perhaps as long as there have been regulations to make pasteurization mandatory — there’s been a “pro-​natural” backlash.

On the Nature side, we note that our populations aren’t as healthy as you’d expect from the benevolent tyranny of politicians, regulators, and, uh, “obese bureaucrats.”

So, last week, “the latest bill to repeal an outright ban on raw milk hit the governor’s desk in Louisiana, after similar efforts in West Virginia, Iowa, Georgia and North Dakota.”

If signed into law, Louisianans will be able to purchase raw milk in stores — “albeit with a warning, in capital letters, that it is ‘not for human consumption.’

“Everyone, including the legislators, knows that instruction will be ignored.”

There’s something sickness-​inducing about that.

This is Common Sense. I’m Paul Jacob.

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