With the decision by the Supreme Court to consider and probably reverse a lower court’s ruling that the EPA exceeded its authority in issuing a “cross-state” pollution rule last year, environmentalists were delighted. The lower court’s decision was “confusing”, according to Janice Nolen, assistant vice president of the American Lung Association, adding that
Tag Archives: Supreme Court
Supreme Court Expected to Allow the EPA to Impose Severe Rules on Coal-fired Plants
- Monday, 07 September 2020 08:54
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Tax Foundation: Average American Works 109 Days to Pay All of His Taxes
- Tuesday, 17 April 2018 05:47
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This article appeared online at TheNewAmerican.com on Monday, April 16, 2018:
Tax Freedom Day, which “represents how long Americans as a whole have to work in order to pay the nation’s tax burden,” falls this year on April 19 according to the Tax Foundation.
With Americans focused on paying their income taxes by April 17, this year’s deadline, the release from the Tax Foundation last week likely gives them little comfort. The average American worker will have to work until April 19 — 109 days — to pay all of his taxes: federal, state, local and municipal. That’s just three days fewer than last year, thanks to Trump’s tax reform law. Put another way, the total tax bill of $5.2 trillion soaks up more than a quarter of the economy’s total gross annual output.
According to the foundation,
Ninth Circuit Vacancies Present Trump With Incredible Opportunity
- Monday, 02 April 2018 09:06
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This article appeared online at TheNewAmerican.com on Monday, April 2, 2018:
Map of the geographic boundaries of the various United States Courts of Appeals and United States District Courts.
With the death last week of “liberal lion” Judge Stephen Reinhardt of the Ninth Circuit Court of Appeals, there are now seven vacancies on the 29-judge court — a court so liberal that 80 percent of its decision are reversed when appealed to the Supreme Court. However, the unusual number of vacancies means one fourth of the composition of the Ninth Circuit could be Trump nominees, not enough to make it conservative but enough to move the court to the right.
After Reinhardt’s passing, Ninth Circuit Chief Judge Sidney Runyan Thomas offered his condolences:
Is the 9th Circuit Court of Appeals Impervious to Change?
- Monday, 02 April 2018 09:00
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his article was published by The McAlvany Intelligence Advisor on Monday, April 2, 2018:
English: George Armstrong Custer. (Photo credit: Wikipedia)
The president’s problem with the 9th Circuit – provably the most liberal court in the land with a nearly 80 percent reversal rate on rulings that are appealed to and considered by the Supreme Court – may be the same faced by George Armstrong Custer: there were just too many Indians! In Trump’s case, there may be too many liberals, both on the court and in the Senate for him to make any substantive change, no matter how desperate the need.
Custer didn’t recover, but, over time, the American Republic just might. With the death of the court’s most liberal judge, “liberal lion” Stephen Reinhardt, law professor Carl Tobias got excited:
Other Gun Makers Nervous Over Lawsuit Against Remington
- Thursday, 29 March 2018 04:38
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This article appeared online at TheNewAmerican.com on Wednesday, March 28, 2018:
One of the many factors behind the decision by the board to seek bankruptcy protection for Remington Arms on Sunday was likely the pending lawsuit against the company stemming from the 2012 Sandy Hook massacre.
The 40-page lawsuit, filed two years after the horrific murder of 20 children in Newtown, Connecticut, names as defendants not only Remington Arms (the maker of the Bushmaster semi-automatic rifle that Adam Lanza used on December 14, 2012 to commit those murders) but the entire supply chain. The suit named Camfour, the distributor; and Riverview Sales, the retail gun store where Adam’s mother, Nancy Lanza, purchased the weapon.
The lawsuit begins by claiming
Remington Arms Declares Bankruptcy, Will Continue Operating Under Chapter 11
- Tuesday, 27 March 2018 05:55
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This article appeared online at TheNewAmerican.com on Monday, March 26, 2018:
Remington Arms
Remington Arms filed for bankruptcy protection under Chapter 11 in Delaware on Sunday evening. Directors of the 200-year-old company — America’s oldest gun maker — threw in the towel: “Directors have determined that it is advisable and in the best interests of the Company that the Company file … a Voluntary Petition … for Chapter 11 [bankruptcy].”
Observers blamed the president and Adam Lanza for the filing. Remington’s sales of its iconic shotguns, rifles, and pistols were increasing during the 2016 presidential election as American gun owners, fearing that anti-gun Hillary Clinton would assume the presidency in November, went on a buying spree. When Donald Trump won, those gun buyers not only breathed a sigh of relief, they ended the spree, leaving gun shops with vast inventories and gun manufacturers such as Remington with falling sales and revenues.
Others blamed Adam Lanza for using one of Remington’s products, its Bushmaster AR-15, to kill 20 youngsters in Newtown, Connecticut, in December 2012. They note that the families of those victims filed a class-action wrongful-death lawsuit against Remington two years later, which lawsuit is presently before the Connecticut Supreme Court.
Those much more familiar with Remington’s recent history are blaming the company itself
In a Surprise Move, DOJ Asks Judge to Dismiss All Charges Against NJ Senator Menendez
- Friday, 02 February 2018 06:37
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This article appeared online at TheNewAmerican.com on Thursday, February 1, 2018:
The Justice Department, which just weeks earlier said it was planning on retrying New Jersey’s senior Senator Bob Menendez on corruption charges, asked a district court judge on Wednesday to “dismiss the … indictment[s]” against him, and hours later the judge complied. Menendez’s sigh of relief was palpable in his statement following the dismissal:
From the very beginning, I never wavered in my innocence and my belief that justice would prevail. I am grateful that the Department of Justice has taken the time to reevaluate its case and come to the appropriate conclusion.
“From the very beginning” Menendez’s political career has been plagued with charges of corruption, graft, illegal influence peddling, and lying. Just because the DOJ has decided not to press its case against him doesn’t mean he’s innocent, just lucky.
Following a hung jury in November, Menendez has been holding his breath, waiting for the date of his retrial to be announced this week. The dismissal caught many by surprise, including former federal prosecutor Robert Mintz:
Efforts to Pass National Reciprocity for Concealed Carry Focus on Senate
- Saturday, 30 December 2017 07:10
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This article appeared online at TheNewAmerican.com on Friday, December 29, 2017:
Riding the momentum from passage of the National Reciprocity for Concealed Carry bill by the House on December 9, attention of the National Rifle Association (NRA) is now being directed to the Senate’s version, the Constitutional Concealed Carry Reciprocity Act, S. 446.
The NRA’s arguments are simple:
Trump Can’t Do Everything Himself, so He Nominated Neomi Rao to Help Him
- Monday, 18 December 2017 10:01
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This article was published by The McAlvany Intelligence Advisor on Monday, December 18, 2017:
Who? Up until Thursday, few had ever heard of Neomi Rao. Looking into her background, fewer still would have predicted the role she is playing in helping President Donald Trump keep one of his most important campaign promises.
After graduating from Yale University with “highest distinction” in ethics, economics, and philosophy, she attended the University of Chicago Law School where she received her Juris Doctor degree. She was comment editor of the school’s law review and also executive editor for the Harvard Journal of Law and Public Policy.
But she never drank from the cup of regulatory Kool-Aid. Instead she went on to clerk for U.S. Supreme Court Justice Clarence Thomas and from there to serve as a staffer on the Senate Judiciary Committee. In 2012, she received tenure from George Mason University’s Antonin Scalia Law School where she founded the Center for the Study of the Administrative State.
In other words, until Thursday, Rao was invisible.
But when Trump nominated her in April to his Office of Management and Budget with the mind-bending title of Administrator of the Office of Information and Regulatory Affairs, Jonathan Adler took notice.
McConnell, Democrats Stalling Trump’s Conservative Judicial Nominees
- Tuesday, 14 November 2017 06:51
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This article appeared online at TheNewAmerican.com on Monday, November 13, 2017:
Senator Mitch McConnell
Not only have fewer than half of President Trump’s judicial nominees been confirmed by the Senate (the lowest number in the last four administrations), but cloture has been invoked an astonishing 51 times even to get those to the Senate floor for a vote. There were no cloture votes under Bush I and just six during the Clinton administration. Under Obama there were five over eight years.
Cloture was required because Senate Democrats were determined to stall the Republican efforts to fill vacancies with “original-intent” nominees: those who believe their job is to determine what the writers of the Constitution meant when it was being written. This differs from the view that the Constitution’s wording can be twisted to mean whatever a judge thinks it means, or ought to mean.
Leonard Leo, the executive vice president of the Federalist Society and informal advisor to Trump, told CBN News that Trump’s opportunity to shape the law for the next several generations is huge:
Mitch McConnell Deliberately Stalling Trump’s Judicial Confirmations
- Tuesday, 14 November 2017 06:35
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This article was published by The McAlvany Intelligence Advisor on Monday, November 13, 2017:
It took a while, but, after six months, 133 conservative leaders saw what Senator Majority Leader Mitch McConnell was up to, and they didn’t like it. He was joining with the Democrats, especially the odious liberal Democrat Senator from New York who is the Senate Minority Leader, Chuck Schumer, to keep the Trump revolution from happening. When the Senate confirmed Neil Gorsuch to take the place of deceased Justice Antonin Scalia in April, McConnell and Schumer realized what Trump was up to: he intended to transform American judiciary to “originalists” and it looked like he certainly had the opportunity. After all there were more than a hundred vacancies and many more elder judges getting close to retirement.
It was a fantastic opportunity. Leonard Leo, the executive vice president of the Federalist Society and informal advisor to Trump, told CBN News that Trump’s opportunity to shape the law for the next several generations is huge:
Pro-gun Victory: D.C. Decides Not to Appeal Concealed Carry Ruling to Supreme Court
- Friday, 06 October 2017 06:32
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This article appeared online at TheNewAmerican.com on Thursday, October 5, 2017:
Effective Thursday, residents of the nation’s capital seeking a concealed carry permit won’t have to show a “good or proper reason” to obtain it. That’s because anti-gun politicians on Washington, D.C.’s council think it’s too risky for them to take their case to the Supreme Court, considering the current political climate there. If they appeal the ruling handed down in July and the Supremes sustain it, it would likely apply not only to their district, but also to other states that have imposed similar restrictions on their citizens.
D.C. Attorney General Karl Racine noted the risks of an appeal going against it:
Washington, D.C. Loses Again in Its Long War Against the Second Amendment
- Monday, 02 October 2017 12:03
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This article was published by The McAlvany Intelligence Advisor on Monday, October 2, 2017:
Parker v. D.C. attorneys Bob Levy (left) and Alan Gura (right).
Alan Gura, the Second Amendment Foundation’s lead attorney in Heller and McDonald, has been taking the fight over gun rights to anti-gun politicians infesting Washington, D.C.’s council for years. With any luck at all, he’ll get a chance to take it to them again. When the U.S. Court of Appeals for the District of Columbia turned down the city’s request for a full court rehearing of its decision striking down its concealed carry laws last week, Gura rubbed it in:
Alabama Judge Roy Moore IS a Radical
- Thursday, 14 September 2017 05:20
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This article was published by The McAlvany Intelligence Advisor on Wednesday, September 13, 2017:
In his attack on former Alabama Judge Roy Moore (shown below), Matthew Sheffield, writing in the left-liberal Salon magazine, actually got it right: former Alabama Judge Roy Moore is a radical. Wrote Sheffield:
Judge Roy Moore Gaining Momentum Going into Alabama Senate Runoff
- Wednesday, 13 September 2017 05:50
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This article appeared online at TheNewAmerican.com on Tuesday, September 12, 2017:
Kentucky Republican Representative Thomas Massie is just the latest in an increasingly large number of supporters of Roy Moore, giving him his strong endorsement on Tuesday. Said Massie, “Roy Moore has more political spine than anyone I know,” adding:
Persistence is Paying Off in Gun Shop’s Fight with Chicago
- Friday, 01 September 2017 10:40
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This article was published by The McAlvany Intelligence Advisor on Friday, September 1, 2017:
The Miniature Bull Terrier Club of America (MBTCA)’s website suggests that owners looking for a dog that is compliant and easily trained “would probably be better off with a [different] breed.” The average MBT is “persistent,” “stubborn,” “independent,” “doesn’t listen,” “bold and confident,” and “foolish to the point of self-destruction.”
Enter Alan Gottlieb, the founder and Executive Vice President of the Second Amendment Foundation (SAF). On the surface Gottlieb is presentable as a normal, well-behaved, articulate defender of the Second Amendment. His organization that began in 1974 now has more than 650,000 members, of which this writer is one. But put him into the same ring as Mayor Richard Daley or Mayor Rahm Emanuel of Chicago, and he becomes an MBT.
One of many examples surfaced on Wednesday when
Federal Judge Refuses Chicago’s Request to Dismiss Long-running Gun Shop Suit Against it
- Friday, 01 September 2017 05:22
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This article appeared online at TheNewAmerican.com on Thursday, August 31, 2017:
In a long-running lawsuit that should be testing the limits of the patience of the Second Amendment Foundation (SAF), U.S. District Court Judge Robert Dow on Wednesday denied the city’s latest request to dismiss the case, and set September 28 as the next date to discuss the amount of damages Chicago owes to the long-suffering plaintiff.
A measure of the intransigence of mayors of Chicago Richard Daley and Rahm Emanuel is
Washington, D.C. Asks Full Appeals Court to Review a Pro-gun Ruling
- Monday, 28 August 2017 13:10
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This article appeared online at TheNewAmerican.com on Monday, August 28, 2017:
The Supreme Court of the United States. Washington, D.C.
Washington, D.C.’s Attorney General Karl Racine filed a petition on Thursday with the U.S. Appeals Court for the District of Columbia, asking the court to rehear a decision that a three-judge panel of that court issued in July. That decision, 2-1, issued a permanent injunction prohibiting the district from enforcing its “good reason” requirement to obtain a concealed carry permit.
At issue is the requirement that citizens applying for a permit have a “good reason” for it that goes beyond just wanting a firearm for self-defense. It even obviates claims that a permit is needed because someone lives in a dangerous neighborhood.
Writing for the majority in that panel’s decision, Judge Thomas Griffith said:
Supreme Court Urged to Overturn Maryland’s “Assault Weapons” Ban
- Thursday, 24 August 2017 05:55
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This article appeared online at TheNewAmerican.com on Wednesday, August 23, 2017:
Antonin Scalia, former Associate Justice of the Supreme Court of the United States
The Second Amendment Foundation (SAF) and the Cato Institute, along with the National Sheriffs’ Association and the Independence Institute, filed a “friend of the court” brief on Monday urging the Supreme Court to take under review a lower court’s decision upholding Maryland’s nearly total ban on so-called assault weapons.
Prior to passage of the Firearms Safety Act (FSA) in 2013, Maryland’s gun controls were bad enough: The law permitted those citizens “in good standing” to possess semi-automatic rifles, but only after passing an extensive (and costly) background check along with meeting various other requirements. Starting October 1, 2013, those controls became positively onerous: Any firearm designated as an “assault weapon” was banned from private possession altogether. The law included “assault long rifles,” “assault pistols,” and “copycat weapons.” That automatically included the semi-automatic (one squeeze of the trigger fires a single round) rifles that are most popular among Americans, including Marylanders, including the AR-15 and AK-47 models and knockoffs.
The new law allowed exceptions for “active law enforcement officers.”
Stephen Kolbe, a life-long resident of Maryland living in Towson, owned a “full-size semi-automatic handgun” but wanted, for self-protection purposes, to purchase one of those now-banned semi-automatic rifles. Under the new law he couldn’t, and so he, with the help of the SAF, filed suit claiming Maryland’s new law violated his Second Amendment-protected rights. He also claimed that by giving LEOs an exception, the law also violated his rights under the equal protection clause of the 14th Amendment.
His suit was rebuffed, and he kept appealing until
Maduro’s Revolution Is Eating Its Own
- Tuesday, 08 August 2017 05:43
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This article appeared online at TheNewAmerican.com on Monday, August 7, 2017:
Nicolas Maduro, the communist thug who now rules Venezuela
Following the typical historical pattern of socialist takeovers, the Venezuelan National Constituent Assembly (NCA) replaced the duly elected National Assembly on Friday, opening the ceremony with a speech from a Cuban communist guerrilla, followed by a speech reflecting a total disconnect from reality, and ending with giving the boot to a former Chavista who has in recent months become an embarrassment.
Reiterating the theme that the United States, and especially President Donald Trump, is responsible for Venezuela’s troubles, Fernando Soto Rojas, a Cuban-trained guerilla, opened the meeting of the NCA, shouting, “Yankee imperialism has not been able to stop the march of the people!”
The NCA then appointed Maduro’s foreign minister Delcy Rodriguez as head of the new body. Her total disconnect from reality was exposed by her claim that
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