Archive for 2022

IN BIDEN V. TEXAS, SUPREME COURT RULES FOR BIDEN. Roberts and Kavanaugh join the three liberal justices. Opinion here. Biden’s decision to end the “Migrant Protection Protocol” — better known as the “Remain In Mexico” policy — is held to be lawful.

Republicans should set up a special “Welcome Wagon” program for these immigrants, explaining that the Democrats are the ones who want Drag Queen Story Hour in the schools. . . .

SUPREME COURT STRIKES DOWN EPA CLEAN AIR RULES, holds that agency rules that address “major questions” must have clear authorization from Congress. The decision, sadly, is less sweeping than it might have been, but still moderately good news for restraining administrative agencies. Here’s the link.

Gorsuch has a nice concurrence spelling out the democracy-threatening aspects of administrative law, which includes this footnote throwing shade at the father of Administrative Law, Woodrow Wilson:

For example, Woodrow Wilson famously argued that “popular sovereignty” “embarrasse[d]” the Nation because it made it harder to achieve “executive expertness.” The Study of Administration, 2 Pol. Sci. Q. 197, 207 (1887) (Administration). In Wilson’s eyes, the mass of the people were “selfish, ignorant, timid, stubborn, or foolish.” Id., at 208. He expressed even greater disdain for particular groups, defending “[t]he white men of the South” for “rid[ding] themselves, by fair means or foul, of the intolerable burden of governments sustained by the votes of ignorant [African-Americans].” 9 W. Wilson, History of the American People 58 (1918). He likewise denounced immigrants “from the south of Italy and men of the meaner sort out of Hungary and Poland,” who possessed “neither skill nor energy nor any initiative of quick intelligence.” 5 id., at 212. To Wilson, our Republic “tr[ied] to do too much by vote.” Administration 214.

All true. Wilson was a racist, an elitist, and an entitled twit with a wildly exaggerated opinion of his own intellect and competence.. In short, the perfect progenitor for modern progressivism.

Also, a nice cite for Phil Hamburger’s excellent book Is Administrative Law Unlawful? (Spoiler: Yes.)

HMM: Ukraine drives Russian forces from Snake Island, a setback for Moscow.

Russian troops have withdrawn from Snake Island in the Black Sea after repeated assaults by Ukrainian forces, a move that is a setback for Moscow’s forces and possibly undermines their control over vital shipping lanes.

The retreat came after sustained Ukrainian attacks — including with powerful, newly arrived Western weapons — made it impossible for Russian forces to hold the island, a small speck of land 20 miles off the coast of Odesa that has played an outsized role throughout the war.

Coming only a week after the Kremlin bragged about repelling a Ukrainian attempt to retake the island, the Russian withdrawal appeared to be another instance of Moscow’s scaling down its military ambitions in the face of Ukrainian resistance.

Unlike Ukraine’s advances around Kyiv and Kharkiv, I believe this is the first time they’ve taken back land that Moscow had chosen to seriously defend.

Update: Moscow says the retreat is a “goodwill” measure to free up grain exports. “On June 30, as a step of goodwill, the Armed Forces of the Russian Federation completed their tasks on the Snake Island and withdrew from the garrison stationed there.”

KRUISER’S MORNING BRIEFING: No, Really—Why Is Anthony Fauci Still Talking? “The lunacy of Fauci doubling down on a treatment that seemed to have a negative effect on him would seem odd had we not been subjected to two-and-a-half years of him belching hypocrisy like Mt. Vesuvius spewing lava on Pompeii in 79 AD.”

THOSE PEOPLE IN THE GREEN HATS: Capital Research Center’s Robert Stilson, writing in Legal Insurrection, explains that they are members of the National Lawyers Guild on hand at the anti-Dobbs demonstrations to provide legal aid to the protestors, both on the scene and subsequently in the court system. The guild has a long history of providing legal cover for the most extreme elements of America’s radical Left.

HMM: Ukraine: Russia pulls back forces from Snake Island. “Russia claimed the move was a ‘goodwill gesture’ to allow the export of Ukrainian agricultural products. Meanwhile, fighting intensified in Lysychansk, in the Donbas region.”

DEAL OF THE DAY: Bose Sport Earbuds. #CommissionEarned