Pet Issues and Precedent, Continued

Alan Dershowitz illustrates my concern about the Texas abortion legislation being used as precedent for other issues, in Democratic monopoly states:

Consider this out-of-the-box proposal: Liberal, pro-gun-control states could apply the Texas bounty approach to gun control. New York or Illinois, for example, could declare that gun crime has gotten so serious that the private ownership of most handguns should be deterred. It would be unconstitutional for the state to authorize the criminal prosecution of those who facilitate constitutionally protected gun ownership. But the state could, instead, enact a gun-bounty civil law modeled on the Texas abortion law. It would empower any citizen to sue for $10,000 anyone who facilitates the sale or ownership of handguns.

Gun-ownership advocates would rail against such a law as circumventing Heller, just as abortion advocates are railing against the Texas law as circumventing Roe. But it would be hard for the courts to uphold the civil mechanism of the anti-abortion law without also upholding the identical mechanism in the anti-gun law.

Creating this “shoe on the other foot” challenge would bring home the dangerous implications of the Texas bounty approach which, if not stopped, could undercut the authority of the Supreme Court to enforce other constitutional rights.

Texas could, for example, next apply it to gay marriage — any private citizen could sue anyone who performed or facilitated same-sex marriages — thus circumventing Obergefell v. Hodges. New York could then apply it to Citizens United v. FCC and offer a civil bounty to sue any media outlet that ran corporate political ads. Any state could simply target any Supreme Court precedent it doesn’t like and deter its enforcement by authorizing citizens who oppose it to sue. This would empower every state to effectively overrule Supreme Court decisions, as some southern states unsuccessfully tried to do following Brown v Board of Education in 1954.

Patriot Day?

Tomorrow marks 20 years since the national travesty known as Operation Enduring Freedom and later, Operation Freedom’s Sentinel.

Tomorrow also marks the cost of those 20 years:

American Service Members killed in Afghanistan through April: 2,448. American Contractors: 3,846. That doesn’t include the number of wounded, limbs lost or Veteran suicides.

And for what? To fight against an insurgency that didn’t attack us? To fight another nations civil war?

9/11 was planned in an apartment in Hamburg, Germany…..and in Florida. Yet we followed Osama bin Laden’s strategy to the letter.

We’ve spent $21 trillion on foreign and domestic militarization in those 20 years, and the number of terrorists and their backers/sympathizers has grown exponentially since 2001. It’s as if the term blowback is in a foreign language….

But tomorrow….is Patriot Day?

*edited to correct Patriot’s to Patriot, as the singular is the correct title, and there is a state level holiday [in a handful of states] that commemorates the battles of Lexington and Concord, as Patriot’s Day.

Apparently, I’m a Domestic Terrorist. Sweet!

Earlier this year, the anti-Civil Rights group “Coalition to Stop Gun Violence” issued a press release in support of Terry McAuliffe’s run [again] for Governor of my adopted state of Virginia.

In this now deleted release [the internet is forever geniuses], they rail against the GOP challenger [who doesn’t really seem to stand for anything, based on his TV ads] by stating:

“His willingness to say anything for a vote is deeply troubling, as we’ve already seen him cozying up to those with deep ties to those at the forefront of the insurrectionist movement, like Senator Amanda Chase and the domestic terror organization, the Virginia Citizens Defense League.”

As a member in good standing of said Virginia Citizen’s Defense League, apparently that makes me a domestic terrorist. Knowing the source, I guess I’ll wear that label with some amount of pride.

Honestly, I’m more upset at being implicated in the same sentence as batshit crazy Amanda Chase.

Pet Issues and Precedent

I’m watching in fascination, both the various legal analyses of the newly implemented Texas abortion law….and the even newer pursuit of one-upsmanship on the part of a couple of other states.

Whether it’s the Left on issues like gun control or the Right with abortion……one wonders if they ever stop to calculate the second and third order effects……as well as the very real fact that their legal victories…..can serve as precedent when tables are turned, or in jurisdictions where they aren’t in the majority.

To this end, an OpEd in the WSJ notes:

“This one delegates exclusive enforcement to private citizens, who are authorized to sue anyone who “aids or abets” an abortion after six weeks. Citizens who prevail in their civil lawsuits are entitled to at least $10,000 per abortion along with legal costs.”

The law sets an awful precedent that conservatives should hate. Could California allow private citizens to sue individuals for hate speech? Or New York deputize private lawsuits against gun owners? Texas argues that abortion providers don’t have standing to challenge the law because the state isn’t enforcing it and neither at this point is any private citizen. Thus there is no case or controversy, which is what courts are supposed to settle. This is technically correct and it is why the five Justices declined to enjoin the law.

The entire article is behind a paywall, but this and another snippet can be found here.

I have little doubt that this law will be struck down, not because it effectively skirts settled law, but for the manner in which it does…..and the horrible precedent it sets. Snitch lines/website? Blanket legal standing for unaffected Citizens to sue?

This is a dangerous road that political myopia built.

The Media Gets off it’s Ass, at least for one Falsehood *Updated*

*An even better article was just published today at LawfareBlog, outlining the myth-making occurring over divested equipment in Afghanistan.*

The media should consider it a duty, to dispel false political myths and memes….but it so often doesn’t.

Everyone by now has seen, I’m sure….the long and illustrious list of U.S. military equipment that “we” “left” behind. Below is what I posted on a fellow Blogger’s site:


Nonsense.

In almost every instance, when we essentially invade a foreign nation and rebuild their military from the ground up…we equip them. We sometimes take different approaches with regard to standardized equipment [as in Iraq, where we tended toward ‘Soviet-bloc’ items*].

In AFG, we leaned heavily on U.S. equipment, and a smattering of Czech and Russian, especially with regard to airframes.

This equipment, again over the past almost 2 decades, has been Divested through the Foreign Military Sales Program [which ensures that only our export models of equipment is eligible]. The equipment left behind, for the most part anyway, was divested to the ANSF. We no doubt left some ancillary gear when we withdrew from various Forward Operating Bases and Bagram…nothing of great import.

All of this equipment was dropped in place by the surrendering and running ANSF….and now the Taliban are able to kit themselves out like westerners, on the cheap.

We saw this as well in 2014 in Iraq, where ISIS took control of the vast amount of equipment we had divested to them, and gifted by running and surrendering ISF.

Our media has generally done a poor job, as they always do…of educating our public on issues such as these, and this…they become fodder to be trafficked by folks who want. to try and score political points.


Today, the WaPo finally ran the claim being made by the Right, regarding this equipment….with the full implications that the current Administration simply ‘leaving it all behind’.

U.S. military equipment was given to Afghan security forces over two decades. Tanks, vehicles, helicopters and other gear fell into the hands of the Taliban when the U.S.-trained force quickly collapsed. The value of these assets is unclear, but if the Taliban is unable to obtain spare parts, it may not be able to maintain them.

But the value of the equipment is not more than $80 billion. That’s the figure for all of the money spent on training and sustaining the Afghan military over 20 years. The equipment portion of that total is about $24 billion — certainly not small change — but the actual value of the equipment in the Taliban’s hands is probably much less than even that amount.

One of our Long National Nightmares is Over

We have officially ended the travesty that had been known as Operation Enduring Freedom and Operation Freedom’s Sentinel.

Almost as many who died on 9/11, have perished in that forsaken place……mostly, fighting against an entity that didn’t attack us on 9/11. And for a nation building cause that has not made the homeland and safer.

Good riddance. Let China become embroiled in that quagmire next.

Reasons Why I Carry – Example#….OK, I Lost Count

“I’m going in there with 20 strong men, I’m going to speak to the school board and I’m going to give them an option. They can leave or they can be removed ” said Steve Lynch who is running for PA Governor, “Make men men again”, he said during Freedom Rally today.

And….

At protest in Santa Monica today before the vote on mask-mandate, Jason Lefkowitz has the home addresses of each LA City Council member on his sign. He says they are going to the homes of whoever votes for it, and if it passes, it’s “civil war, get your guns.” From @chadloder

Soon is coming the time for patriots to grab muskets from over the mantle, secure shot and ball, and prepare to defend our nation from the Cult of the Unmitigated Asshole. Those self-aggrandized snowflakes who allow their impotent rage to convince them that they’re victims because of <insert baseless reason here>.

A reckoning is indeed coming, but they mistakenly reckon that the cause of Patriots is on their side.

They will be proven wrong.

On this National Dog Day……Support 2 Vets at Once

Forget about politics for a moment and remember who is always there for us….our dogs. Consider giving a donation to Second Chance K9. In their words:

Second Chance K9 is a rescue organization that pairs working military dogs and rescues with special operations veterans who suffer from PTSD. It’s a very focused program that places dogs who thrive on having a job, with veterans who desperately need a purpose. 

Your tax-deductible donation to Second Chance K-9 could be the key to saving not one, but two lives. Often, military dogs end up being euthanized once their service is complete. And in many cases, veterans who have seen and experienced unbelievable trauma take their own lives as a result. 

Connecting a military-trained dog with a special forces veteran unites them both with a purpose. That’s what Second Chance is all about. 

Founded by special forces Veteran and former Special Forces dog handler Travis Hall, Second Chance has evolved from Hall’s own experience with Bear, a dog who was deployed four times to Iraq. Hall said of Bear, “I didn’t realize it at the time, but that dog changed my life.

Give until it feels good. Now……who’s a good boy?

The Absolute Absurdity that is MTG *Updated*

We don’t need the daily does of Trumpy-thought directly from the source anymore…..there are minions who have stepped into that role nicely. Prolific among them, is one Marjorie Taylor Greene, who today proffered the following statement:

“Do you want to know why you are at home right now being overwhelmed with the news, overwhelmed that the Pfizer vaccine has been FDA approved early?”…….”It was supposed to be approved after Labor Day but magically is being approved today because President Joe Biden said to speed it up. Speed it up.”

Not “I think” or “I believe”….or “it’s possible”. But a bold, definitive statement claiming an action by another. Now, if she had some….any….proof, she would have offered that as evidence. But, alas….she did not, because she does not.

Allow me to play devils advocate for a moment and employ a sad, lazy crutch….just for funsies: “Marjorie Taylor Greene is a liar” – Prove Me Wrong.

Yeah, I still don’t get the fetish with that.

Update: The perpetual motion idiot machine that she is, now decides that since Kamala Harris hasn’t personally flown over to Afghanistan (because that security nightmare would make things better), that she should be impeached…..also. Because….. reasons? Idiocy….yeah.