Arizona Free Enterprise Club Files Lawsuit Against Adrian Fontes over ‘Illegal’ and ‘Most Radical’ Elections Procedures Manual in Arizona’s History

The Arizona Free Enterprise Club (AFEC) filed a lawsuit last week against Secretary of State Adrian Fontes, accusing him of making illegal changes to the state’s Election Procedures Manual (EPM). Represented by the America First Policy Institute, Davillier Law Group, and Grand Canyon Legal Center, AFEC said the revisions improperly place protected political speech at risk of criminal prosecution and have an unconstitutional chilling effect on protected political speech.

“Secretary Fontes has produced one of the most radical elections procedures manuals in our state’s history,” said Scot Mussi, AFEC’s president. “If the illegal provisions of this manual are allowed to stand, the integrity and transparency of state elections would continue to dissipate at the hands of leftwing ideologues. We hope the court agrees with our arguments and forces the Secretary to adhere to state law.”

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Commentary: Trump Should Love the Colorado Ruling

Trump Colorado Supreme Court

The Colorado Supreme Court, acting as supplicants for the enemies of Donald Trump seeking the most extreme remedy for driving the former president into the ditch, may have just unwittingly gifted the former president a Rocky Mountain high – in the polls. 

This time, four left-wing Colorado justices attempting to kneecap Trump were not even going to wait on due process – the very foundation of law – to effectively declare Trump guilty of insurrection, a crime for which he has not, repeat not, even been charged. After believing their attempts to wipe Trump off the ballot would be a knockout punch, it is the left that is about to get walloped to the canvas with a right hook. 

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Supreme Court to Consider Whether Agency’s In-House Trials Violate the Constitution

The Supreme Court will consider next week whether the Securities and Exchange Commission’s (SEC) use of in-house judges violates the right to a jury trial guaranteed in the Seventh Amendment.

Congress empowered the SEC to use its own in-house administrative law judges (ALJs) to try cases brought by agency enforcement when it passed the Dodd-Frank Act following the 2008 financial crisis. George R. Jarkesy, who has been caught in the SEC’s administrative proceedings since the agency charged him with fraud relating to his investment activities in 2013, challenged that grant of power as unconstitutional.

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Tennessee Could be Next State to Call for Convention of States on Congressional Term Limits

After sailing through the Tennessee House of Representatives in March, a resolution proposing congressional term limits via constitutional amendment stands a solid chance of passing in the Senate, according to resolution proponents.

“I think it will go okay,” State Senator Richard Briggs (R-Knoxville), who recently announced that he will serve as Senate sponsor of House Joint Resolution 5, told The Tennessee Star.

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Commentary: The Left Would Grab Your Guns in a Minute If Patriots Stopped Defending the Constitution

The Left constantly reassures Americans that they do not want to take away firearms, but actions speak louder than words.

In September, New Mexico Gov. Michelle Lujan Grisham (D) used an emergency public health order to suspend the Second Amendment for 30 days in Albuquerque and the surrounding Bernalillo County. Grisham knew fully well that she was violating the Constitution (in fact, she happily admitted so). A handful of gun control advocates quickly condemned her unprecedented decision, but not because they respect the Constitution.

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Newsom’s Identity Politics Pick to Fill Feinstein’s Seat Isn’t from California, Raising Constitutional Questions

California Governor Gavin Newsom has tapped Laphonza Butler, a far left abortion-on-demand activist, to fill the Senate seat long held by Democrat Diane Feinstein, who died Friday.

There’s one very big problem. Butler, a lesbian who fits Newsom’s identity politics-driven pledge to pick a black woman to serve out Feinstein’s current term, isn’t a resident of California.

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Commentary: Georgia Indictment Is the Dems’ Latest Bid to Jail Trump, Imprison the Constitution

Rather than simply try to defeat Donald J. Trump, Democrats want him to die in prison. Neo-totalitarian Democrat campaign operatives masquerading as local, county, and federal prosecutors have deployed four criminal cases against the former president. The New York Post calculates that if he is convicted on all 91 charges he faces, Trump would spend 712 years behind bars. The surprisingly spry 77-year-old could enrage his critics even further, live until at least 2735 A.D., and regain his freedom at age 789.

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Arizona State University Joins Kari Lake’s Motion to Dismiss Stephen Richer’s Defamation Complaint Against Her

Maricopa County Recorder Stephen Richer filed a defamation lawsuit in June against Kari Lake on June 22 over her statements alleging election fraud in Maricopa County, and now ASU’s Sandra Day O’Connor College of Law  First Amendment Clinic is joining Lake in her defense. The clinic co-authored a motion to dismiss with Lake’s attorneys, which was filed on August 21. 

Jennifer Wright, one of Lake’s attorneys who previously served as the Election Integrity Unit civil attorney for the Attorney General’s Office, said in a statement provided to The Arizona Sun Times, “In 2022, the legislature strengthened laws protecting the rights of citizens to speak freely on matters of public concern. Richer’s lawsuit is precisely the kind of abuse of the legal system the law was designed to stop. I have every confidence the court will agree, and dismiss the lawsuit.” 

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FIRE: Street Preacher’s Arrest at Pennsylvania Pride Event and Subsequent Dismissal Is a Free-Speech Lesson

Charges were dropped this week regarding Christian street preacher Damon Atkins who was arrested for speaking negatively about an LGBTQ pride-flag-raising he attended at Reading, Pennsylvania City Hall on Saturday. 

“After review of the video of the incident, including body-worn cameras, and a review of the case law, we did not believe we could prove a criminal case of disorderly conduct,” Berks County’s District Attorney’s office said in a statement.

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Nearly 700 Professors Sign Letter in Opposition to Teaching About America’s Founding, Constitution

On Tuesday, an open letter was circulated that featured hundreds of North Carolina professors declaring their opposition to any requirement that students learn about the United States government and its founding documents.

As reported by Fox News, exactly 673 professors from the University of North Carolina (UNC) Chapel Hill signed the letter as legislation works its way through the North Carolina legislature that would mandate the teaching of such courses. The professors claim that such a law would violate the school’s “academic freedom.”

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Free Speech Advocates Win Case for Political Expression in Pennsylvania Park

A federal court on Wednesday ruled that local authorities wrongly forbade political activists from gathering candidate-petition signatures at Fort Hunter Park in Harrisburg, Pennsylvania.

Last June, the Keystone Party of Pennsylvania’s candidate for state House District 104 Dave Kocur worked alongside party board member Kevin Gaughen in asking park visitors to sign petitions to get Kocur on the ballot. Park security guards directed them to stop. After the activists refused, citing their constitutional right to free expression in a public forum, Dauphin County Parks Director Anthea Stebbins ordered them to desist, explaining that the county disallows any political activity at Fort Hunter. 

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Pennsylvania Lawmaker Proposes Forcing Social Media to Police ‘Unwelcome’ Speech

A Pennsylvania legislator is asking her colleagues cosponsor a measure to police “unwelcome” speech on social-media platforms. 

In a memorandum describing her emerging bill, state Representative Darisha Parker (D-Philadelphia) wrote that her policy “would require social media network companies to establish and maintain effective and transparent complaint procedures for reporting hate speech content.” She further stated the legislation would “mak[e] it clear that hate speech is unwelcome on social media in Pennsylvania.”

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FIRE Presents ‘Free Cheesesteaks for Free Speech’ to Philadelphians

On Wednesday, hundreds stopped by Foundation for Individual Rights in Education (FIRE) tables on 9th Street in South Philadelphia this weekend for two things Philadelphia has generated lots of over the years: cheesesteaks and liberty. 

FIRE, a Philadelphia-based institution since its founding in 1999, held the “Free Cheesesteaks for Free Speech” event as part of a larger $3.1-million pro-free-expression campaign featuring broadcast ads, billboards and digital promotions. The group, which initially focused on fighting speech restrictions on college campuses and recently broadened its mission to include other forums, hopes the effort will raise awareness of ongoing battles to honor the text and the spirit of the First Amendment. 

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State Senator Chris Kapenga Commentary: We Need Voters to Weigh in on Bail Reform Amendment

I first ran for office because I saw problems in our state and wanted to be part of the solution for positive change. One such issue is the growing epidemic of crime in our communities.

My biggest frustration lately is seeing issues in our community, but having a Governor with whom the Legislature fundamentally disagrees on the solutions. It often feels like the wheels are spinning but we are going nowhere.

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Republicans Andy Biggs, Ken Buck, and Matt Gaetz Explain Why They Voted Against Parents Bill of Rights Act: ‘The Federal Government Should Not Be Involved in Education’

The U.S. House passed the Parents Bill of Rights Act Friday, with most House Republicans voting in favor of the bill that would require school districts to give parents access to their children’s curricula and reading lists, to inform parents of any violence occurring on campus, and to notify parents if their child is sharing a bathroom or locker room with a student of the opposite biological sex.

The measure passed by a vote of 213-208, with five Republicans voting no. Representatives Mike Lawler (R-NY-17); Andy Biggs (R-AZ-05); Matt Gaetz (R-FL-01); Ken Buck (R-CO-04); and Matt Rosendale (R-MT-02) all voted against the legislation.

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Arizona State Senator Seeks to Keep National Guard Troops Stateside

A Senate bill (SB) from State Senator Wendy Rogers (R-Flagstaff) passed through the Senate Tuesday to protect Arizona’s National Guard from being deployed into active combat unless there is a declaration of war.

“If the president wants to use the Arizona national guard to fight wars halfway across the world, then it can only be done after a majority of the people’s representatives vote to send them there,” Rogers said on the Senate Floor. “If Congress refuses to vote, then it’s a war the Arizona National Guard should not be fighting.”

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Commentary: A Trump Arrest Imperils the American Idea

Peril awaits the America I love if the 45th president of the United States is arrested or even “just” arraigned. When a former American president is targeted by the politically despicable woke, we all face disaster.

We have rules in the American game. Most of those rules are set forth explicitly in our Constitution, its amendments, and two centuries of binding judicial opinions interpreting, adding to, or deleting rules. One might call those rules “America’s Written Law.” And then there are unwritten rules one might call “America’s Oral Law,” the traditions that have been handed down from generation to generation. How can we know what these Oral Laws of America are if they are not written anywhere? We just do.

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Politically Diverse Groups Back Free Speech at Pitt After Pennsylvania Lawmakers Urge Event Cancellation

After two Pennsylvania lawmakers last week called for cancelling upcoming conservative appearances at the University of Pittsburgh, a politically diverse array of voices are responding in favor of free speech. 

Representatives Jessica Benham (D-Carrick) and Malcolm Kenyatta (D-Philadelphia), who co-chair the state House LGBTQ+ Equality Caucus, denounced the state-related university for permitting the presence of speakers who oppose liberal views of transgenderism. The guests they find objectionable include Cabot Phillips, senior editor of the The Daily Wire news organization, who is scheduled to speak this Friday; Riley Gaines, a former college swimmer and critic of biological males competing in women’s sports, who will appear on March 27; and Michael Knowles, a Daily Wire commentator, who will debate transgender economist Deirdre McCloskey on April 18. All speakers are being sponsored by student-led associations. 

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Arizona Christian University Alleges Religious Discrimination After Glendale School District Terminated Teacher Contract

Washington Elementary School District No. 6 (WESD) in Glendale terminated the contract of Arizona Christian University (ACU) to provide student teachers last month, despite an ongoing teacher shortage, citing the religious tenets of the university as the reason. In response, The Alliance Defending Freedom filed a lawsuit on behalf of the ACU on March 9, demanding multiple types of damages, including punitive.

The suit alleges a violation of the Free Exercise clause of the First Amendment. It asserts that “Arizona Christian and its students do not share religious messages and beliefs within its student teacher programs with local public Schools.”

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Tennessee U.S. Rep. Mark Green and Florida U.S. Rep. Matt Gaetz Speak at 917 Society Constitution Celebration at Mar-a-Lago

PALM BEACH, Florida – U.S. Representatives Mark Green (R-TN-07) was the featured speaker and Matt Gaetz (R-FL-1) was the special guest speaker at the 917 Society’s constitution celebration held at the Mar-a-Lago Club on Saturday evening.

Both congressmen were greeted with enthusiastic standing ovations on their introductions to about 200 supporters of the 917 Society, about double the number of attendees in 2022, who gathered in the club’s grand ballroom for a gourmet dinner that followed a cocktail hour held poolside.

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Tennessee Firearms Association Looking for Plaintiffs for Possible Lawsuit Against the State over Gun-Free Zones

The Tennessee Firearms Association (TFA) is looking for plaintiffs to take part in a possible lawsuit against the state of Tennessee pertaining to the state’s gun-free zones.

A lawsuit is being prepared for filing in state court against the State of Tennessee that will address gun-free zones and whether those zones violate the constitution, according to the TFA.

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Ohio Senator Vance and Arizona Representative Biggs Send Bicameral Letter Opposing Biden’s Illicit Misuse of Immigration Parole

Wednesday, U.S. Senator JD Vance (R-OH) and Congressman Andy Biggs (R-AZ) wrote a bicameral letter to Alejandro Mayorkas, the secretary of the Department of Homeland Security, requesting an explanation of the Department’s careless decision to drastically expand immigration parole programs in the face of a historic border crisis.

According to Vance, the American people have a right to know the reasoning behind the Biden Administration’s decision, as well as, more significantly, the legal basis for it.

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Leftists Sue Ohio Secretary of State Over New Voter ID Law

Attorneys for the Elias Law Group announced over the weekend they are representing several left-leaning institutions seeking to nix Ohio’s new law requiring voters to show photo identification to participate in an election. 

The Northeast Ohio Coalition for the Homeless, the Ohio Federation of Teachers, the Ohio Alliance for Retired Americans and the Union Veterans Council are listed as plaintiffs in the lawsuit against Ohio Secretary of State Frank LaRose (R). The firm working the case is headed by Marc Elias who has handled cases for Democrats in the 2020 presidential contest and numerous other national elections. 

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State Senators Propose Pennsylvania Law Against Social Media Censorship

Pennsylvania State Senators Doug Mastriano (R-Gettysburg) and Scott Hutchinson (R-Oil City) Thursday announced they would reintroduce a bill proposed in the last legislative session designed to prevent social media platforms from censoring Pennsylvanians. 

Mastriano and Hutchinson introduced the original measure in May 2021. They secured the cosponsorship of four other senators, all Republicans, but the bill did not receive a vote in the Senate Consumer Protection and Professional Licensure Committee. The two lawmakers said new developments impelled them to try again in the new session. They cited the recently released “Twitter files,” internal documents pertaining largely to the social-media company’s decision in late 2020 to deny users access to a New York Post story concerning Joe Biden’s son Hunter’s personal computer.

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Trump Calls for ‘Termination’ of Election rules in Constitution after Release of the Twitter Files

Former President Donald Trump called for the termination of the Constitution’s rules regarding elections after the release of information about the suppression of the Hunter Biden laptop story in 2020.

“So, with the revelation of MASSIVE & WIDESPREAD FRAUD & DECEPTION in working closely with Big Tech Companies, the DNC, & the Democrat Party, do you throw the Presidential Election Results of 2020 OUT and declare the RIGHTFUL WINNER, or do you have a NEW ELECTION?” Trump wrote on TRUTH Social.

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Retiring Ohio Senator Portman Helps Codify Gay Marriage into Law

Same-sex marriage is on track to becoming codified in federal statute and retiring U.S. Senator Rob Portman (R-OH) is celebrating his role as a key driver of the change.

In 2013, Portman became the first Republican senator to support redefining marriage as something other than the matrimonial union between one man and one woman. He attributed his reversal of his prior opposition to gay marriage to his son having come out two years earlier.

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Ohio’s Buckeye Institute Urges Circuit Court to Kill Biden Tax Mandate

The Columbus-based Buckeye Institute this week filed an amicus brief in the federal court case challenging the authority the Biden administration has asserted to limit state tax-reduction efforts. 

Opponents of the White House policy are urging the U.S. Court of Appeals for the Fifth Circuit to rule in Texas v. Yellen that a provision of the American Rescue Plan Act (ARPA) cannot condition states’ receipt of federal aid on accepting “ambiguous” federally prescribed tax policy. Plaintiffs and their supporters further argue that President Joe Biden and his Treasury Secretary Janet Yellen cannot invoke their regulatory power to fix ARPA’s lack of clarity.

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Ohio Think Tank Joins Minnesotan’s Fight for Property Rights

The Columbus, OH-based Buckeye Institute filed an amicus brief with the U.S. Supreme Court on Thursday defending Minnesota widow Geraldine Tyler’s right to the profit from the forced sale of her home. 

Tyler’s one-bedroom Minneapolis condominium was taken and sold by Hennepin County after the elderly resident could no longer afford her real-estate taxes. She quickly moved out of the condo in 2010, determining she could not safely stay in light of rising violent crime. For five years she incurred tax debt on the original residence while paying rent on a new apartment. 

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Commentary: The 13th Amendment Doesn’t Provide Basis for National Abortion Protection

After Dobbs, where can pro-choice advocates look in the Constitution to support abortion? One professor believes she has found the answer in the Thirteenth Amendment, the provision banning slavery that was ratified in the immediate aftermath of the Civil War. Lisa Crooms-Robinson, a professor at Howard University School of Law, reasons out of a wish for Congress to pass the Women’s Health Protection Act of 2021. The bill, among other provisions, would codify the abortion protections found in Roe v. Wade and Planned Parenthood v. Casey, both of which the court just overturned.

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Newly Drawn House District 35 Republican Primary Includes a Former Registered Democrat and an Out-of-District Candidate

The Sumner and Trousdale County newly drawn Tennessee House District 35 Republican primary is a three-way race with one of the candidates being a registered Democrat in another state and another living out of the district.

The State House District 35 seat was held by conservative Republican Representative Jerry Sexton until the recent redistricting, which put Sexton in House District 10 currently held by Representative Rick Eldridge (R-Morristown). The new District 35 encompasses the portions of Sumner and Trousdale Counties that has been represented by Terri Lynn Weaver (R-Lancaster).

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Arizona Attorney General Brnovich Urges Gov. Ducey to Declare an Invasion on the ‘Ticking Time Bomb’ Border

Arizona Attorney General Mark Brnovich issued a legal opinion in February declaring that Arizona has the constitutional authority to declare an invasion on its border with Mexico, but since Gov. Doug Ducey has not done so, Brnovich is now urging him to. In a letter sent to Ducey on July 6, Brnovich, who is now running for U.S. Senate, laid out the reasons why.

“This horrible situation is a ticking time bomb,” Brnovich said. “It’s just a question of when, and not if, the unspeakable will occur.” He went on, “[W]e have every indication that the border crisis will continue to escalate. If there is more that we as a state can and should do, it can be pursued with your declaration of an ‘invasion’ at our southern border.”

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Commentary: The Collapse of Roe v. Wade

Whole Woman’s Health in front of Supreme Court

“I don’t think the country will stand for it,” said President Joe Biden, commenting in early June on the expected collapse of Roe v. Wade. “If in fact the decision comes down the way it does, and these states impose the limitations they’re talking about, it’s going to cause a mini-revolution and they’re going to vote these folks out of office.”

Contrary to Biden’s prediction, the collapse of Roe v. Wade marks not the beginning of a revolution but the end of one. Until that monstrous decision, which led to the deaths of over 62 million unborn children, the American people had the power to pass laws against abortion and did so in most of the states. The Dobbs decision simply returns that power to the people — a blow not against “democracy,” as the hysterics on the left claim, but for it.

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U.S. Supreme Court Overturns Roe v. Wade: ‘The Constitution Does Not Confer a Right to Abortion’

The U.S. Supreme Court has overturned Roe v. Wade, the 1973 landmark ruling that created a right to abortion nationwide, and now returns issues about abortion to the individual states.

In the case of Dobbs v. Jackson Women’s Health Organization, Justice Samuel Alito wrote the majority opinion, released Friday, that was joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.

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Civil Rights Commissioner to University of South Carolina: ‘Diversity’ Program Excluding White Students Violates Civil Rights Act and Constitution

A University of South Carolina (USC) business school “diversity” program that appears to have accepted students of all races, except white, received the attention of one of the U.S. Civil Rights Commissioners, who wrote to inform the school’s interim president such racially exclusionary policies violate both the Civil Rights Act of 1964 and the U.S. Constitution.

Speaking for himself, and not the entire U.S. Commission on Civil Rights, Peter Kirsanow wrote Thursday to Harris Pastides, USC interim president, about the Business Success Academy at the school’s Darla Moore School of Business.

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Commentary: Yes, They’re Coming for Your Guns

handgun with ammo

Perhaps, like me, you’ve always had a sneaking suspicion that the un-American Left is ignorant of many things. But then they open their mouths and remove all doubt. 

The most recent example comes from the gaping maw of Elie Mystal on MSNBC, where he claimed that, like everything else in this country apparently, the Second Amendment is the creation of long-dead, racist white supremacists who supported it for the sole purpose of putting down slave revolts keeping the enslaved populations in bondage. Of course, there is as much “truth” to that as there is in the 1619 Project. Progressives use such revisionist history to discredit the founders so that they can dismantle the founders’ republic.

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Supreme Court Rules Boston Violated First Amendment over Rejection of Christian Flag

On Monday, the Supreme Court ruled unanimously that the city of Boston was in violation of the First Amendment over its attempt to ban the Christian flag.

Axios reports that the opinion was written by outgoing Justice Stephen Breyer. In the opinion, Breyer states that the city government of Boston “violated the Free Speech Clause of the First Amendment” by forbidding a Christian organization from flying the Christian flag in front of city hall, which Breyer said constituted discrimination “based on religious viewpoints.”

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Commentary: King Joe Can’t Transfer Student Loan Debt

Transferring hundreds of billions of dollars of student-loan debt—as Joe Biden is reportedly considering—would be unjust, indiscriminate, and remarkably irresponsible. It would force everyday Americans who didn’t take out those loans to shoulder their burden in the form of higher taxes or increased national debt (which, inevitably, leads to higher taxes). But none of this matters as much as the worst thing about such a potential action: It would be a naked violation of our constitutional forms, a move more monarchical than republican.

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Commentary: The ‘American Enlightenment’ Succeeded, But It Might Also Fail

Who hasn’t noticed that current trends have been leading us away from human happiness? We will be better prepared to make the desperately needed corrections if we recapture the forgotten power of the American idea offered in Robert Curry’s Common Sense Nation. Curry introduces us to the English, French, Scottish, and American Enlightenment. That will equip us to distinguish between the path that leads to ordered liberty and the other path that is now leading us toward chaos.

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Commentary: Another January 6 Narrative Goes Boom

Large group of people storming Washington D.C. in protest on January 6.

How does a mob “illegally storm” the Capitol building when police let them in? That is the latest narrative-shifting question the media wants desperately to avoid after a federal judge on Wednesday found a January 6 defendant not guilty for his conduct during the protest at the Capitol that day. 

Matthew Martin was arrested in Santa Fe, New Mexico on April 22, 2021; he later was charged with the four most common misdemeanors related to the Justice Department’s prosecution of Capitol protesters: entering a restricted building, disorderly conduct, violent entry, and parading in the Capitol building.

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GOP Sen. Collins Says She’ll Vote to Confirm Ketanji Brown Jackson to Supreme Court

Republican Sen. Susan Collins says she’ll will vote to confirm Judge Ketanji Brown Jackson to the Supreme Court, guaranteeing President Biden’s judicial nominee at least a slim path toward confirmation.

Jackson will need 51 votes in final Senate vote – with the chamber evenly split among 50 Democrats and 50 Republican. With no GOP support, Vice President Kamala Harris would cast the decisive, tiebreaker vote.

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Wisconsin Governor Evers Reverses Race-Based Grants Following Constitutional Concerns

Tony Evers

Wisconsin Governor Tony Evers opted to remove the consideration of race from a mortgage-assistance program after the Wisconsin Institute of Law and Liberty (WILL) highlighted several constitutional concerns.

The group pointed out that Evers intended to expand eligibility for “socially disadvantaged” groups, defining those as “any racial or ethnic group besides non-Hispanic/Latinx White.”

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Justice Reporter Who Called Constitution ‘Trash’ Heads Up Dark Money Group Spending Millions to Support Jackson SCOTUS Nomination

A pundit who called the Constitution garbage is a leader of a dark money group funding a million dollar campaign to confirm President Joe Biden’s nominee to the Supreme Court, according to tax documents provided to the Daily Caller News Foundation by Americans for Public Trust.

Demand Justice seeks to nominate left-wing judges to American courts. Most recently, the group is pushing for the confirmation of Ketanji Brown Jackson to the Supreme Court.

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