Author Archive: Glenn Reynolds
June 28, 2024
EVEN IF THEY REPLACE HIM AS CANDIDATE, WE’RE PROBABLY STUCK WITH HIM FOR NEARLY 7 MONTHS: Six Tips for Surviving in Biden’s America.
Though I can imagine a deal where he resigns now in favor of Kamala, giving her several months as the first black, female president in exchange for her not running.
CALL ME CRAZY, BUT I AGREE: Staying fit may decrease men’s risk of ALS.
Disturbing for future employers: “this same group of future lawyers care more about social justice than they do about delivering a favorable result for their potential clients.”
ANOTHER BIG WIN FOR THE NCLA: In Landmark Victory for Civil Liberties, NCLA Persuades Supreme Court to Overturn Chevron Deference. “Today, the U.S. Supreme Court decided 6-3 to overturn the 1984 Chevron v. Natural Resources Defense Council case and with it the unconstitutional Chevron doctrine. It did so in the New Civil Liberties Alliance’s case, Relentless Inc. v. Dept. of Commerce, argued in tandem with Loper Bright Enterprises, et al. v. Raimondo. The Court vacated and remanded the First Circuit’s decision that upheld a National Oceanic and Atmospheric Administration (NOAA) and National Marine Fisheries Service rule requiring fishing companies like NCLA’s clients to pay for at-sea government monitors on their fishing boats. NCLA celebrates this monumental victory, which will curtail abuses of administrative power for years to come. . . . Concurring opinions discussed two core constitutional problems with Chevron deference that NCLA founder Philip Hamburger has long emphasized. First, employing such deference abandons a judge’s duty to provide independent judgment. Second, when a federal court defers to an agency’s legal interpretation, the litigants opposing that agency—like the fishermen opposing NOAA in Relentless—do not have their case judged by an impartial adjudicator, which violates the core constitutional promise of due process.”
Reminder/disclosure: I’m on the NCLA’s advisory board.
IN THE MAIL: The Gouge!: How to Be Smarter Than the Situation You Are In.
Given the situation we’re in now, that shouldn’t be hard. And yet. . . .
DON SURBER ON YESTERDAY’S SEC DECISION: Americans 6, Deep State 3. “The SEC used its in-house administrative law judge to fine George Jarkesy $300,000 and to confiscate another $685,000 from him. There was no jury. Well, you don’t need a calculator to determine that $985,000 is more than $20. Mister Jarkesy sued for his 7th Amendment right to a jury trial. He fought all the way to the Supreme Court.”
Plus:
The vote to force the government to prove its case in an actual court of law was 6-3. The dissent written by Justice Sonia Sotomayor actually made the case for the majority opinion.
She wrote, “The majority claims that its ruling is limited to ‘civil penalty suits for fraud’ pursuant to a statute that is ‘barely over a decade old,’ ante, at 18, n. 2, 22, an assurance that is in significant tension with other parts of its reasoning. That incredible assertion should fool no one. Today’s decision is a massive sea change.
“Litigants seeking further dismantling of the ‘administrative state’ have reason to rejoice in their win today, but those of us who cherish the rule of law have nothing to celebrate.”
Of course we want to dismantle the administrative state. We’re American citizens, not British subjects.
Too many grafters and grifters depend on it, though.
IT’S NOT THAT THEY REALIZED HE WAS SENILE AND INCOMPETENT, IT’S THAT THEY REALIZED THEY COULD NO LONGER HIDE IT: Morning Greatness: Biden Debate Performance Has Democrats Freaking Out.
UPDATE:
Part of me wants to yell "you're all SOBs. You put an impaired old man in the pilot's seat of an airplane with 350 million passengers so you could keep your crummy jobs." How could you?
— wretchardthecat (@wretchardthecat) June 28, 2024
The worst of it is that once again the conspiracy theory proved true.
— wretchardthecat (@wretchardthecat) June 28, 2024
My personal text feed from Dem pols and operatives is reading like the day after Pearl Harbor…
— Mike Murphy (@murphymike) June 28, 2024
Telling people they didn't see what they saw is not the way to respond to this.
— Ben Rhodes (@brhodes) June 28, 2024
Remember how much shit WSJ took for the Biden age story? https://t.co/3mEUUqq0Ks pic.twitter.com/dJQjg0bJPx
— Ben Smith (@semaforben) June 28, 2024
ANOTHER UPDATE:
As much as last night was an indictment of the Democratic Party for misleading party members and the country about the mental acuity and health of the president, the media deserve far more derision and scorn.
I and others were repeatedly criticized by the media for questioning… https://t.co/oPfhZQWGai
— Bill Ackman (@BillAckman) June 28, 2024
JUST GO BACK TO THE OLD “ILLEGAL ALIENS.” Fight escalates over calling illegal migrants ‘illegal.’ “Illegal Aliens” is the statutory term anyway. Everything else is just a politicized euphemism.
FOLLOW THE SCIENCE: FBI ‘Active Shooter’ Stats Shoot Holes In Biden’s ‘Mass Shooting’ Argument.
I’D BE HAPPY IF OUR NAVAL OFFICERS DID: Business Executives not Understanding Naval Power.
PUSHBACK WORKS:
Statement from Tractor Supply pic.twitter.com/ZMweR8JVuy
— Tractor Supply (@TractorSupply) June 27, 2024
STEVE CALABRESI: SEC v. Jarkesy: A Win for the Separation of Powers and the Right to Civil Jury Trial.
Related:
"As Justice Sonia Sotomayor writes in dissent, “the constitutionality of hundreds of statutes may now be in peril, and dozens of agencies could be stripped of their power to enforce laws enacted by Congress.”"
HAAAW HAAAAW! :D https://t.co/EyY5EbaU7U— Larry Correia (@monsterhunter45) June 27, 2024
June 27, 2024
THAT WAS QUICK:
🚨KAMALA HARRIS JUST WENT ON CNN AND THREW JOE BIDEN UNDER THE TRUMP TRAIN!
"Yes, there was a slow start."
They are SETTING the stage to REPLACE Biden!
Joe Biden definitely doesn't want you to share this! pic.twitter.com/PpbwqkH2qu
— Bo Loudon (@BoLoudon) June 28, 2024
Plus:
The worst of it is that once again the conspiracy theory proved true.
— wretchardthecat (@wretchardthecat) June 28, 2024
To be fair, their track record is excellent.
DO NOT BE ALARMED. ALL IS WELL!
Odds of a September 10 debate are close to zero about now.
— Amy Walter (@amyewalter) June 28, 2024
Comments: “We already memorialize one disaster around that time, no need for two.”
Plus: “Biden’s team wanted the early debate because he’s on a steep fast decline and they know every day he’s worse.” Still over four months to the election. Then there’s that whole second term thing . . . .
Meqnwhile, Stephen Green at the Drunkblog:
If I had to do a quick & dirty summary, this would be it.
Trump spent most of the night reminding us that things weren’t always this bad, and we had three pretty damn good years on his watch.
Biden?
Biden was “Old man tried to whisper at cloud but mostly failed.”
If Team Biden was hoping to lure Trump into a repeat of his lousy 2020 debate performance, it didn’t work. If they were hoping to “Let Joe be Joe,” it did work. Just not in the way they intended.
They did the best they could with what they had. But what they had was Joe Biden, whose sell-by date is long past.
STEPHEN GREEN IS Drunkblogging the Debate
DENIAL BECOMES ACCEPTANCE, OR AT LEAST BARGAINING:
I wish Biden would reflect on this debate performance and then announce his decision to withdraw from the race, throwing the choice of Democratic nominee to the convention. Someone like @gretchenwhitmer or @SherrodBrown or @SecRaimondo could still jump in and beat Trump.
— Nicholas Kristof (@NickKristof) June 28, 2024
EVERYTHING IS GOING SWIMMINGLY:
For anyone just joining pic.twitter.com/tzpaXAYOKG
— zerohedge (@zerohedge) June 28, 2024
ok if you don't live in the US, please turn the debate off. This is our private family humiliation, and we'd all prefer you not stare.
— Ginny Hogan_ (@ginnyhogan_) June 28, 2024
Hard to believe the Biden team asked for this debate. …
— Mickey Kaus (@kausmickey) June 28, 2024
UPDATE: A friend comments: “You know what’s really hilarious here is that ORDINARILY they might be able to replace him at the DNC. But they held the phony “virtual” DNC a few days back so as to make the Ohio ballot. He’s locked in! They nominated him! He’s their guy! They’re riding the bomb down like Slim Pickens on Wing Attack Plan R!”
I’m sure they’ll come up with some not-really-legal scheme that will nonetheless be upheld in court.
ANOTHER UPDATE:
This is the most stressful debate I’ve ever watched and my parent was a nominee against Obama. #DebateNight
— Meghan McCain (@MeghanMcCain) June 28, 2024
OPEN THREAD: Make it special.
THE NEW SPACE RACE: Space Mining doesn’t need more international regulation from the U.N. “Does the United Nations need to form a Parliament to regulate space mining? The answer will likely be yes if we ask from within the U.N. itself. Posing this question outside that forum, however, one may find a different answer.”
On this topic, I highly recommend this just-published article on space mining by my former research assistant Isabelle Thibault.
MICROBIOME NEWS: Gut Inflammation Linked to Alzheimer’s Disease, Once Again.
ANOTHER NCLA WIN: In NCLA Amicus Win, Supreme Court Restores Americans’ Rights to Trial by Jury. “Today, the U.S. Supreme Court struck a blow for freedom and restored the precious right to a trial by jury for Americans confronting the Administrative State. The Court affirmed the U.S. Court of Appeals for the Fifth Circuit’s decision in SEC v. Jarkesy, overturning the Securities and Exchange Commission’s unconstitutional administrative prosecution regime.”
Good, but their Murthy decision on social media censorship was still a disgrace.