Commentary: The DEI Trap

Kamala Harris and KBJ

Kamala Harris’s sudden ascendancy within the Democrat Party, with nary a peep from other ambitious Democrats, spotlights the uncomfortable contradictions of identity politics and the diversity, equity, and inclusion (DEI) movement. 

Americans universally believe that everyone should have a fair shot at opportunities regardless of sex or race, which is why the kind of racism and sexism that was once so prevalent is so rare today.

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Ohio Policy Group Says City, State Attempting to Deny Rights

Dave Yost

A Columbus-based policy group is calling the city of Columbus and the state’s attempt to move straight to the Ohio Supreme Court a fight for the rights of Ohio citizens.

In a brief filed with the Supreme Court, The Buckeye Institute wants the court to reject the argument from the city and state that preliminary injunctions can be appealed directly to the court rather than flow through the appeals courts.

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Commentary: Biden’s Attempt to Control the Supreme Court Is Unconstitutional

Joe Biden, Kamala Harris, Ketanji Brown Jackson

President Joe Biden must like campaigning. He ended his own re-election bid but has joined the Left’s campaign to control the Supreme Court by any means necessary. He has endorsed old ideas like term limits and an “enforceable ethics code,” abandoning his past support for an independent judiciary. He now considers that independence an obstacle to be overcome rather than a principle to be defended.

Biden’s Washington Post piece on Monday misleads the American people in three ways. First, simply because the Constitution limits the terms of presidents does not mean the Supreme Court must follow suit. He makes no such proposal for the Senate, where he boasts that he served for 36 years.

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Commentary: So Much for Democracy

Joe Biden

It’s been a crazy few weeks. Joe Biden finally quit the presidential race. We heard it first through a tweet using a suspiciously unofficial letterhead, and then he disappeared for a week. It was weird.

I don’t know where they had him or what was going on, but when he appeared, his Oval Office speech was mediocre at best, full of sentimentality and short on explanations for why exactly he was quitting after saying just a few days earlier he would stay. Word is Nancy Pelosi and Chuck Schumer threatened him with removal under the 25th Amendment, which is eminently plausible.

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Biden Proposes Sweeping Changes to the Supreme Court, Constitutional Amendment

Joe Biden

An op-ed under President Joe Biden’s byline in the Washington Post on Monday outlined his proposal to make major changes to the U.S. Supreme Court, calling for a Constitutional amendment to “ensure no president is above the law.”

“[T]he Supreme Courts decision on July 1 to grant presidents broad immunity from prosecution for crimes they commit in office means there are virtually no limits on what a president can do,” Biden wrote. “The only limits will be those that are self-imposed by the person occupying the Oval Office.”

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Commentary: With Chevron Dead, It’s Time to Challenge the Feres Doctrine

Supreme Court

Last month the Supreme Court ended the 40-year precedent known as the Chevron Doctrine. When the Chevron v. Natural Resources Defense Council ruling was handed down in 1984 there was nil understanding that it would enable the burgeoning 20th Century administrative state to dig its foundation down to societal bedrock. This legal precedent tied the hands of lower courts over the next 40 years, forcing them to defer to administrative agencies on how to interpret the law in areas that congress did not offer crystal clarity.

Chevron opened the door for succeeding precedents like the 2005 ruling in the National Cable & Telecommunications Ass’n v. Brand X Internet Services case, which enabled governmental agencies to “override judicial constructions of ambiguous federal laws by promulgating their own conflicting, yet authoritative, interpretations.” In 2020, Supreme Court Associate Justice Clarence Thomas, who wrote the Brand X opinion, lamented the ruling, rightly noting that it further ensconced judicial doctrine to the point of “administrative absolutism.” In essence, Chevron, and subsequent precedent under its umbrella, allowed presidential administrations to legislate around congress through cabinet agency directors.

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Commentary: Racism and Sexism Are the Campaign Theme of the Harris-Whoever Ticket

Kamala Harris Speaking

Is Kamala Harris the quintessential DEI hire? It’s a legitimate question, given that Joe Biden made it clear during his 2020 election-year campaign that he would only consider a black woman for his VP slot. As president, he also claimed that the choice of Supreme Court Justice replacement for Stephen Breyer would be limited to a black woman. Not even the most qualified black woman, just someone possessing dark skin and lady parts.

Biden could have simply told the country that he was going to choose the most qualified person for either position. Instead, he said that his choice was going to be based primarily on skin color and gender.

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Censorship Noose Tightens Across West with Biden White House, Trudeau’s Canada, EU Bureaucrat Moves

Joe Biden

When the Supreme Court reversed a preliminary injunction against several federal agencies and officials for “coerc[ing] or significantly encourag[ing] a platform’s content-moderation decisions,” the ideologically hybrid majority concluded that well-documented federal pressure to censor government-disfavored narratives was unlikely to recur.

Justice Samuel Alito, joined by justices Neil Gorsuch and Clarence Thomas, scolded his colleagues for their perceived credulity. The high court just provided “an attractive model for future officials who want to control what the people say, hear, and think,” he wrote.

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Liberal Nonprofit Spins Up Multi-Million Dollar Campaign to Scare Moms into Backing Biden

Demand Justice

A liberal nonprofit will spend millions feeding information about the Supreme Court to swing state moms in an effort to turn them against former President Donald Trump, The Washington Post reported.

Demand Justice, an organization founded to oppose Trump’s judicial nominations, will spend $2 million on mobilization efforts and advertisements in Arizona, North Carolina, Georgia, Nevada, Michigan, Ohio, Montana, Pennsylvania and Wisconsin aimed at convincing mothers not to support the former president, the Post reported. The campaign will focus on how a Supreme Court made up of Trump appointees could impact issues related to abortion, firearms and healthcare in the coming years.

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Commentary: Republicans Must Stop Retreating on Abortion

While President Joe Biden’s halting performance in the first 2024 presidential debate generated the most significant commentary, it was some of former President Donald Trump’s remarks that raised concerns for pro-life voters. Those remarks ended up foreshadowing the recently proposed Republican platform’s surrender on the abortion issue.

Trump’s first misstep was his contention that “everybody” wanted abortion regulated at the state level. “Fifty-one years ago you had Roe v. Wade,” Trump argued, “and everybody wanted to get it back to the states, everybody, without exception, Democrats, Republicans, liberals, conservatives. Everybody wanted it back… Ronald Reagan wanted it brought back” (emphasis added).

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Oklahoma Becomes Latest State in Court over Illegal Immigration, Arguing It’s a State Issue

Oklahoma Atty Gen. Gentner Drummond

Oklahoma is the most recent state facing a legal battle with the Biden administration on the issue of illegal immigration, with a federal judge blocking legislation that would make entering the country illegally a state crime. 

Oklahoma’s House Bill 4156 makes it a crime to be in Oklahoma without legal status. The legislation was signed into law on April 30, but was blocked by a federal judge in June after the Biden administration filed a lawsuit against the state. 

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Commentary: Supreme Court’s Immunity Decision Has Democrats in Hysterics, Again

Trump and Supreme Court

Reasonable constitutional scholars and jurists could quibble about the details and impact of the Supreme Court’s immunity decision in Trump v. United States, but the hysteria coming from the left, including President Joe Biden and dissenting Justices Sonya Sotomayor and Ketanji Brown-Jackson, is beyond rational discourse. An inability to control emotions and anger has become commonplace for progressives who don’t get their way.

Writing for a 6-3 majority, split on ideological lines, Chief Justice John Roberts’ opinion laid out a three tiered approach to presidential immunity premised on the Constitution’s vesting of the complete executive power in one individual, giving him duties and power of “unrivaled gravity and breadth” and making that individual a full and equal branch of the United States government, alongside the Congress and courts. Roberts observed that the president’s constitutional powers are often “conclusive and preclusive” and those powers may not be subject to review by Congress or the courts.

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Far-Left Group to Spend $10 Million on Anti-Supreme Court Campaign

Skye Perryman

The far-left advocacy group Demand Justice announced its intentions to spend as much as $10 million on a messaging campaign smearing the Supreme Court after its ruling in favor of President Donald Trump on the question of presidential immunity.

According to Politico, Demand Justice’s goals for the $10 million spending spree include opposition research on potential future Supreme Court justices and suggestions for ethics reforms within the court. The group also plans to target such demographics as women and younger voters, falsely claiming that these groups have been “attacked” by the Supreme Court’s recent rulings. Demand Justice also intends to attack right-wing judicial groups that played a role in shaping the court’s conservative majority under the Trump Administration.

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Commentary: Murthy v. Missouri Goes Down as One of Supreme Court’s Worst Speech Decision

Supreme Court

Last week, in Murthy v. Missouri, the Supreme Court hammered home the distressing conclusion that, under the court’s doctrines, the First Amendment is, for all practical purposes, unenforceable against large-scale government censorship. The decision is a strong contender to be the worst speech decision in the court’s history.

(I must confess a personal interest in all of this: My civil rights organization, the New Civil Liberties Alliance, represented individual plaintiffs in Murthy.)

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Alvin Bragg’s Team Agrees to Delay Sentencing in Trump Trial Following SCOTUS Immunity Ruling

Alvin Bragg

Prosecutors with Manhattan District Attorney Alvin Bragg’s office agreed on Tuesday to delay former President Donald Trump’s sentencing, The New York Times reported.

A Manhattan jury convicted Trump May 30 on 34 felony counts of falsification of business records. Bragg’s office agreed to a request to delay the sentencing in light of a recent Supreme Court ruling that found presidents have immunity from prosecution for “official acts” taken in office, but called the motion by Trump’s attorneys meritless, according to the NYT.

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Commentary: Supreme Court Overturns DOJ’s Use of Key January 6 Felony Court

January Six

In a devastating but well-deserved blow to the Department of Justice’s criminal prosecution of January 6 protesters, the U.S. Supreme Court today overturned the DOJ’s use of 18 USC 1512(c)(2), the most prevalent felony in J6 cases.

The statute, commonly referred to as “obstruction of an official proceeding,” has been applied in roughly 350 J6 cases; it also represents two of four counts in Special Counsel Jack Smith’s J6-related criminal indictment of Donald Trump in Washington.

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DOJ Tries to Shut Down Case That Exposed Biden Admin Colluded on Medical Standards Used to Justify Child Sex Changes

Merrick Garland

The Department of Justice (DOJ) moved Monday to shut down a lawsuit that exposed the Biden administration’s collusion with a transgender medical organization to develop the very standards it is now using to defend child sex changes at the Supreme Court.

After the Supreme Court agreed to take up the Biden administration’s challenge to Tennessee’s ban on child sex changes, the DOJ asked a lower court to put another case challenging a similar Alabama ban on hold pending the high court’s decision. While the DOJ requested a halt on the Alabama case to “avoid the prospect of re-litigation of the claims” after the Supreme Court issues its ruling, the defendants argued the government likely has another motive: shielding information about the administration’s involvement in developing the standards it heavily relies on from the Supreme Court.

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Key House Chairman Intervenes in Bannon Case, Tells Supreme Court Democrat January 6 Contempt Was ‘Invalid’

The House subcommittee chairman investigating the Jan. 6 Capitol riot’s intelligence and security failures made an extraordinary intervention Wednesday at the Supreme Court, telling the justices he believes an earlier Democrat-led investigation into the tragedy was “factually and procedurally invalid” and therefore could not lawfully hold ex-Trump adviser Stephen Bannon in contempt.

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Commentary: Missouri Set to Sue New York for Election Interference as Trump’s July 11 Sentencing Date Looms

Missouri Attorney General Andrew Bailey

After almost a month following former President Donald Trump’s conviction by a New York City jury on May 30, Missouri Republican Attorney General Andrew Bailey announced on June 20 that his state is suing New York for its “direct attack on our democratic process through unconstitutional lawfare against President Trump”.

That’s good — better late than never — as Bailey stands as the first Republican Attorney General to actually announce such a lawsuit, with not much time before Trump’s scheduled sentencing on July 11, which could imprison to presumptive Republican presidential nominee.

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Supreme Court Rejects Challenge to Trump-Era Tax

United States Supreme Court

The Supreme Court rejected Thursday a challenge to a 2017 tax law passed by Congress.

The case, Moore v. United States, considers whether the 16th Amendment permits taxing unrealized gains. Kathleen and Charles Moore sued for a refund in 2019 after they were hit with a $14,729 tax bill for their investment in an overseas company, though they never received any payment in earnings from the company.

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Supreme Court Sides with Memphis Starbucks in Union Case

Starbucks

The U.S. Supreme Court sided with Starbucks on Thursday in the company’s challenge to a judicial order that would have required them to rehire seven Memphis employees that were fired while they participated in union efforts.

The “Memphis Seven” publicly released a letter addressed to the Starbucks CEO and agreed to sit down in a store with a TV news crew to discuss the union efforts.

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Frustrated by String of Conservative Wins, Democrats Go All Out to Delegitimize U.S. Supreme Court

After several decades of conservative control of the Supreme Court and a string of rulings against their legislative and social priorities, Democrats and left-leaning media appear to be mounting an all-out assault against the judicial branch, casting doubt on its legitimacy and impartiality, while working to undercut the reputations and credibility of its more conservative justices.

Ostensibly conservative since the appointment of Chief Justice William Rehnquist in 1986, the court has generally not attracted comparable partisan scrutiny to the extent that it has under the Biden administration. The Roberts court, however, currently boasts three justices appointed by former President Donald Trump, who have solidified the court’s conservative character and handed conservatives decades-sought wins on abortion, gun rights, and affirmative action.

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Supreme Court Strikes Down Bump Stock Ban for Firearms in Major Win for Second Amendment Advocates

Supreme Court

The Supreme Court on Friday struck down a federal rule put in place during former President Donald Trump’s administration that prohibited bump stocks for guns, handing a major victory to Second Amendment advocates.

In a 6-3, ruling, the court ruled the devices added to semiautomatic weapons to make them fire faster does not convert weapons into prohibited machine guns.

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Supreme Court Tosses Doctors’ Challenge to Abortion Pill

Mifepristone boxes

The Supreme Court sided unanimously Thursday against several doctors and pro-life medical associations who brought a challenge to the abortion pill.

In FDA v. Alliance for Hippocratic Medicine, the Supreme Court held that the doctors do not have standing to challenge the U.S. Food and Drug Administration’s (FDA) decision to roll back safety regulations for the abortion pill. While recognizing the plaintiffs have “sincere legal, moral, ideological, and policy objections to elective abortion and to FDA’s relaxed regulation of mifepristone,” Justice Brett Kavanaugh wrote in the majority rulings that those kind of objections are not enough to show the doctors would be injured by the FDA’s actions, noting the federal courts are “the wrong forum” for addressing their concerns.

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Hunter Biden Still Has Legal Troubles Ahead as House Republicans Call for More Accountability

Hunter Biden in courtroom (composite image)

Though Hunter Biden was found guilty Tuesday on federal gun charges – on crimes dating back to 2018 – the first son’s legal troubles are far from over, and House Republicans leading impeachment inquiry into his father, President Joe Biden, say this should be only the beginning of the accountability.

Hunter Biden’s attorney Abbe Lowell said in a statement following the conviction that his client’s legal team “will continue to vigorously pursue all the legal challenges available to Hunter.”

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Crom Carmichael: The Left is Attempting to Turn the Supreme Court into a ‘Rubber Stamp’ for Its Agenda

Supreme Court Protest

Crom Carmichael and Michael Patrick Leahy, editor-in-chief and CEO of The Tennessee Star, said lawmakers and entities on the Left are attempting to discredit the U.S. Supreme Court as the nation’s highest court hands down decisions in cases that the Left strongly disagrees with.

“There’s a lot of effort now by the left to try to discredit certain Supreme Court justices individually and then to also discredit the Supreme Court as an institution. The left will elevate the Supreme Court institutionally back when the Supreme Court rubber stamps what the left wants. Right now, they’re not getting what they want so now they are attacking individual Supreme Court justices for tiny things,” Carmichael explained on Wednesday’s edition of The Michael Patrick Leahy Show.

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DEI Programs Could Soon Face Supreme Court

The controversial business practice known as “diversity, equity, and inclusion” (DEI) could soon see its legal challenges take it all the way to the Supreme Court.

According to Axios, the case that could spark Supreme Court action was filed by the same group that successfully saw the practice of affirmative action overturned by the court last year. The current case saw an appeals court ultimately rule that a venture capital firm had to shut down its grant program that was exclusively for black women.

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Tennessee AG Skrmetti Leads Coalition in Demanding the American Bar Association Stop Requiring Law Schools to Engage in Illegal Racial Discrimination

Tennessee A.G. Jonathan Skrmetti

Tennessee Attorney General Jonathan Skrmetti led a coalition of 20 other state attorneys general in sending a letter to the Council of the American Bar Association (ABA) on Monday demanding that it make changes to its accreditation process to comply with the Supreme Court’s ruling on affirmative in the case Students for Fair Admissions v. Harvard.

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Commentary: Stanford, Silicon Valley, and the Rise of the Censorship Industrial Complex

This summer the Supreme Court will rule on a case involving what a district court called perhaps “the most massive attack against free speech” ever inflicted on the American people. In Murthy v. Missouri, plaintiffs ranging from the attorneys general of Missouri and Louisiana to epidemiologists from Harvard and Stanford allege that the federal government violated the First Amendment by working with outside groups and social media platforms to surveil, flag, and quash dissenting speech – characterizing it as mis-, dis- and mal-information – on issues ranging from COVID-19 to election integrity.

The case has helped shine a light on a sprawling network of government agencies and connected NGOs that critics describe as a censorship industrial complex. That the U.S. government might aggressively clamp down on protected speech, and, certainly at the scale of millions of social media posts, may constitute a recent development. Reporting by RCI and other outlets – including Racket News’ new “Censorship Files” series, and continuing installments of the “Twitter Files” series to which it, Public, and others have contributed – and congressional probes continue to reveal the substantial breadth and depth of contemporary efforts to quell speech that authorities deem dangerous. But the roots of what some have dubbed the censorship industrial complex stretch back decades, born of an alliance between government, business, and academia that Democrat Sen. William Fulbright termed the “military-industrial-academic-complex” – building on President Eisenhower’s formulation – in a 1967 speech.

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Supreme Court Unanimously Sides with NRA in First Amendment Case Against New York Official

Supreme Court Justice Sonia Sotomayor

The Supreme Court unanimously held Thursday that the National Rifle Association (NRA) “plausibly alleged” that a New York official violated its First Amendment rights, finding that government officials cannot “use the power of the State to punish or suppress disfavored expression.”

The justices allowed the NRA to pursue its First Amendment claim against former superintendent of the New York Department of Financial Services (DFS) Maria Vullo, vacating a lower court ruling that found the NRA failed to show Vullo “crossed the line between attempts to convince and attempts to coerce.” They held that the gun rights group has a plausible case that Vullo “violated the First Amendment by coercing regulated entities to terminate their business relationships with the NRA in order to punish or suppress gun-promotion advocacy.”

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Biden and Red States Are on Immigration Collision Course Heading for Supreme Court

President Joe Biden in front of the Supreme Court building (composite image)

The Biden administration is currently waging a legal campaign against Republican-led states, arguing their laws that effectively restrict illegal immigration are unconstitutional.

The Department of Justice has so far filed lawsuits against three different states for enacting laws that largely empower police to enforce immigration rules. However, these state leaders, in the backdrop of an unprecedented border crisis, say they have no choice but to take up the issue themselves because the Biden administration won’t — and other Republican states may soon follow suit.

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Democrat Tennessee U.S. Rep. Steve Cohen Introduces Resolution to Censure Supreme Court Associate Justice Samuel Alito

Justice Sam Alito

Tennessee U.S. Representative Steve Cohen (D-TN-09) introduced a resolution in the U.S. House of Representatives on Tuesday that would censure U.S. Supreme Court Associate Justice Samuel Alito and remove him from litigation related to the 2020 election or the January 6 Capitol riots.

Last week, The New York Times reported that an inverted U.S. flag was photographed flying from the front lawn of Alito’s residence on January 17, 2021.

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Report: Medical Schools Secretly Defying Supreme Court’s Ruling on Affirmative Action

Medical Students

A coalition of medical professionals revealed the methods by which medical schools across the country are circumventing the Supreme Court’s ruling outlawing the practice of affirmative action, and employing such race-based policies anyway.

According to Fox News, the group Do No Harm released new research this week revealing that “many in the healthcare establishment nevertheless remain ideologically committed to the principle of racial favoritism and reject the virtue of race blindness.” This comes despite the Supreme Court’s landmark decision last year in the case Students for Fair Admissions v. Harvard, which determined that affirmative action, the practice of admitting students or hiring staff based solely on their race, was unconstitutional.

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Supreme Court Slaps Down Challenge That Could Have Gutted Financial Regulatory Agency

United States Supreme Court

The Supreme Court rejected a challenge on Thursday that could have paved the way for a consumer protection regulator to be dismantled.

The court ruled by 7-2 vote that the unconventional way the Consumer Financial Protection Bureau (CFPB) receives funding is constitutional, dealing a blow to the business interests who brought the challenge.  Two trade associations for financial services firms had argued that it is illegal for the agency to be funded directly by the Federal Reserve instead of the congressional appropriations process.

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