Author Archive: Glenn Reynolds

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.

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.

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.

Flashback: Time for Consequences: The “Cabal” who bragged about rigging the 2020 election stuck us with an incapable president at a time of crisis. Examples need to be made.

UPDATE:

ANOTHER UPDATE:

THAT WAS QUICK:

Plus:

To be fair, their track record is excellent.

DO NOT BE ALARMED. ALL IS WELL!

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.

DENIAL BECOMES ACCEPTANCE, OR AT LEAST BARGAINING:

EVERYTHING IS GOING SWIMMINGLY:

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:

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.

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.