New York is considering a ban on declawing cats. But of course: in New York, we declaw people instead. I get that declawing is pretty gruesome, but like most feel-good legislation (gun control being only one example) things aren’t so cut and dry. The unintended side effect (and there always is one when you use the force of the state to bend people to your will) will likely be more cats being put down after frustrated owners dump their problem felines on overflowing shelters. Pick your evil.
I, for one, approve of replacing racist genocidal Democrats with gun toting Republican women! I have to admit that it’s Iowahawk’s Internets. He just allows us to dwell on it:
Breaking: Treasury throws founder of the Democratic Party off $20 bill, replaces with gun-toting Republican pic.twitter.com/G9dVXpTaXv
— David Burge (@iowahawkblog) April 20, 2016
The campaign to pressure Republicans to confirm Merrick Garland seems to be fizzling. As Glenn Reynolds noted, “Because everyone knows the Dems would do the same thing if parties were reversed.”
This whole business is depressing. If the Dems win the White House in 2016, we’ll get worse, and that may be the end of a meaningful Second Amendment. I think we have two real votes for a meaningful Second Amendment on the court: Thomas and Alito. Scalia was the third, but he’s gone now. I didn’t think there was anything radical about the Alito and Thomas concurring opinion in the Stun Gun Case, yet it’s interesting that neither Kennedy nor Roberts joined it. My perception, I hope I’m wrong but fear I’m right, is that the reason there’s been no certiorari granted on any of the gun cases is because the Heller majority had two weak links. Heller and McDonald may very well be the best Scalia could extract from his colleagues who formed the five justice majority in those cases.
Our best case scenario is quickly shaping up to be President Trump picking Scalia’s replacement. I don’t know if that scares you, but it scares the hell out of me. Makes you think that maybe McCain & Romney weren’t such bad guys after all.
There’s a lot of concern that if Hillary, Bernie, or Joe Biden put in as pinch hitter for an indicted Hillary win in 2016, our goose is cooked as far as the Supreme Court go. But it’s not written in stone that the Supreme Court must have nine justices. Originally, there were six justices. Congress then added additional justices as we added federal circuit courts until it reached ten. Then in 1866, Congress passed the Judicial Circuits Act which said the next three justices to retire would not be replaced. That didn’t last long before in 1869, the number was returned to nine, which is where it remains today.
If the court were reduced back to 7, Scalia would not be replaced, and the next justice to die or retire likewise would not be replaced. You have two Dem appointees on the Court who are getting up there in the years (Breyer and Ginsburg), one Republican (Kennedy), and Thomas isn’t getting any younger either. It would seem to me that would preserve the balance on the court, and lower the stakes somewhat. But I think both sides like the high stakes, and therefore I don’t think this will ever happen.
So notes SCOTUSBlog. Typically when the Supreme Court is even numbered, splits uphold whatever the lower court ruling was. This indicates cases that split will be reheard when the next justice is confirmed. We have no Second Amendment cases before the Court currently, but the stakes in this election keep getting higher and higher, and yet the three ring circus carries on.
We’re going to need more than hope to hold the Senate firm on not voting on Obama’s nominee. It’ll take a lot of letters, e-mails and phone calls to keep Senators in line.
This may be all I have for today. The news cycle is not thrilling. Maybe a news post tomorrow.
Mitch McConnell came out pretty quickly and said that the Senate would not confirm a replacement for Scalia until after the election. The left is, naturally, in full outrage mode. I don’t really care. The Senate has to hold firm, because the very existence of the Second Amendment as any kind of meaningful right is at stake. I really enjoyed this bit of snark from Jim Geraghty this morning:
Senate majority leader Mitch McConnell should just give this speech:
We should not confirm any Obama nominee to the Supreme Court except in extraordinary circumstances. They must prove by actions not words that they are in the mainstream rather than we have to prove that they are not . . .
This is just a prologue considering the constitutional harm and dramatic departures that are in store if those few are joined by one more ideological ally. We have to, in my judgment, stick by the precepts that I’ve elaborated. I will do everything in my power to prevent one more ideological ally from joining Sotomayor and Kagan on the court.
That, of course, is a speech from Chuck Schumer from June 2007, with “Bush” replaced with “Obama” and “Roberts and Alito” changed to “Sotomayor and Kagan.” Watch the video; the audience at the American Constitutional Society gave it roaring applause at the end.
Read the whole thing. The Dems would never be so stupid as to confirm a justice that would fundamentally alter the makeup of the Court in the last year of a Republican Administration. Kennedy was confirmed in Reagan’s last year, but the vacancy occurred in 1986. The Senate rejected Robert Bork, then Douglas Ginsburg withdrew after it came out he once smoked a doob. Kennedy was a compromise candidate the Dems were relatively pleased with.
I tend to agree with Charles Cooke that the GOP should probably have remained open to acceptable candidates. If Obama decided to float Prof. Randy Barnett or Prof. Akhil Amar as compromise candidates, I would argue the Senate should take them pretty seriously. Neither Profs. Barnett or Amar fit nicely on the left-right spectrum, but neither are likely to greatly offend either side.
On the other hand, it would seem likely that President Obama has until February 22nd to make a recess appointment, since the Stupid Party decided to afford him that opportunity. Of course, let’s not give him any ideas either.
I’m not going to sugar coat it, Scalia’s passing likely marks the end of the Second Amendment if the Mitch McConnell and Senate Republicans don’t grow a pair. Just because Obama appoints a replacements doesn’t mean the GOP Senate has to confirm him or her. Once a replacement is named, I would make crystal clear to your Senator that you fully expect them to vote against any nominee who does not profess unwavering support for Heller & McDonald and the Second Amendment.
Oppose, Block, Filibuster. Run out the clock. Obama has had two appointments, and that’s enough for any President.
Joe Huffman has a story, which is a follow up from his previous story about OSHA possibly abusing workplace rules. It is based on someone who works at a major ammo company, talking about how OSHA is demanding warning labels on ammunition:
Then a couple years ago OSHA approached them and said, in essence, “You need to put warning on all your products because indoor range employees are at risk from exposure to lead.”
The lead issue is probably the biggest threat to shooting out there right now. Remember, Obama’s executive orders told every agency to look into ways to screw us. Has OSHA found a way? Or are they merely following the bureaucrat’s creed:
Looks like the Mexican police found a Barrett M99 in .50BMG El Chapo’s hideout, which was linked to the Fast and Furious program where ATF allowed guns to be sold to Mexican drug cartels. That scandal is the gift that just keeps on giving, isn’t it? Except it’s a gift no one wanted. I’ll forgive the nonsense of a bolt-action .50BMG being used for taking down helicopters (I suppose with a lucky shot, you could) since this is from a British paper.
Federal officials said they are investigating how many of the weapons found at El Chapo’s hideout originated in the U.S., and where and how they were purchased.
Any bets on whether they’ll find more F&F guns? It sadly does not surprise me that no one has gone to jail for this.
Josh Prince has the story. This starts the clock ticking, causing the regulation to take effect on July 13, 2016. He has created a website called Fight ATF 41P. At this point, it appears that Prince’s initial analysis is still valid, and we didn’t have any surprises sprung on us between the rule published by ATF and in the Federal Register. There was a lot of discussion on this topic when it originally came up the other week, and many were disappointed that Form 1s and Form 4s could no longer be e-filed for trusts and corporations.
The reason we ended up with 41P in the first place is because so many people were using trusts to get around the CLEO signoff requirement that ATF was overwhelmed with processing trusts, since trusts had to be vetted to ensure there were no problems with it, and there often were. ATF had been saying in NRA’s Firearms Law seminar for a while that they were looking carefully at the CLEO requirement, including possibly eliminating it, to cut down on the number of trusts. Unfortunately for ATF, there’s also constructive possession issues with NFA items that is likely to cause trusts to remain popular. For these reasons, it can’t really be argued that use of trusts for NFA items is a form of “malicious compliance,” but it certainly has the same features. One of the key objections to 41P is that it’s not abundantly clear who responsible persons are. It’s probably wise advice to take the broad view there. I don’t see any reason not to replace one headache at ATF with another.