Update: USDC Judge Ezra Reserves On Rio Grande Floating Razor Wire Ruling; Both Sides To Submit Final Arguments By Friday In Austin, TX

The hearing concluded before lunch today, in West Texas.

Here’s a bit from a local Midland paper, which had a reporter sitting in the federal courtroom today:

…[USDC Judge] Ezra questioned why Texas would have moved the barrier if it was already on the U.S. side and whether the currents of the river were causing the buoys to drift.

“If it were in a position Texas was comfortable with, they wouldn’t have done that,” Ezra said….

Ezra ordered both sides to submit written closing arguments by Friday as the Biden administration [seeks court authorization, under the Rivers and Harbors Act § 10, 33 USC § 403] for the immediate removal of the buoys….

So — we wait probably until Monday, six days out, for a decision — after the Friday final filings. And when Abbott loses (as he will) — expect an appeal, but also expect that the US agencies will have the right to immediately remove the razor-wire, during appeals.

In fact, two asylum seekers have already died, after being tangled in them.

Onward.

As Crude Oil Is Depleted, Liberating It Becomes MORE Costly, Not Less John. Damn.

Because Cargill is a large client of his former law firm, Hinderaker is very taciturn in his critique of that company, tonight.

But his bleating about using sail power widely misunderstands the economics of extracting finite resources. Resources like copper, oil, moly and gold or lithium.

As supplies run thin, more expensive (not less!) extraction methods are required, to yield a given barrel of crude, or a metric ton of… copper.

That’s an immutable… fact.

So, everything after that first glaring error in John’s analysis… simply falls of its own weight.

But nice try Johnny. Nice try. Out.

With Only One Half-Hour Of TOTAL Argument Time… It Seems The Sixth Circuit Panel Thinks The Question On Appeal Admits Of A Pretty Clear Answer…

While one hour arguments are not the norm, they are seen in ambiguous, weighty, or ground-breaking appeals on the law, in the Sixth Circuit. Here the panel has only alloted fifteen minutes per side.

Given that this is a law restricting medical care to only one sub-class of one gender classification — while endorsing full care for all other classes… I’ll venture the guess that even in the conservative Sixth in Ohio, this rings in as a violation of the civil rights of litigants, “on the basis of… sex.”

And, in a case called Bostock, one decided around two years ago, a majority of the Supremes essentially said such laws… must fall.

Add to it that it invades doctor / patient privacy, in violating federal law, by requiring providers to turn over confidential treatment records to the government of Tennessee… I’d say GOP Gov. Lee is… cooked here.

For his part, despite seeing a close family friend (one he had dinner with, in his home not three days prior) gunned down in the Covenant mass murder / school shooting, Gov. Lee looks unlikely to be able to get HIS OWN SUPER-MAJORITY GOP party to pass meaningful measures to combat… AR-15 shootings in schools. And unlikely to get more mental health dollars, either. This conundrum… smells like a failed democracy: a rogue band of brown-shirts, defying the party leader — on an essential public safety measure. And it may be even worse, on the ultra-local level, thus:

About four weeks ago, I saw a very cogent Atlantic article that suggested, at least in Sumner County, Tennessee (county seat, Hendersonville) we are witnessing a “failed” democracy. One party (GOP) super-majorities there have essentially eliminated the county elections board. They’ve done so, to get rid of the required by law BI-PARTISAN makeup of the board. The now neutered board… is just supposed to count, not “politic“. So the Sumner County Hard Right MAGA GOP… relegated the whole of the board… to a flooded basement closet, as its sole “offices”.

The message is crystal clear: only GOP/MAGA votes count in the county. Fewer than 15% of eligible voters in Sumner County ever cast ballots, at all, anymore — having decided it is… a largely futile act.

Now you know. Disgusting.

नमस्ते

In Which Bill Otis “Daydreams” About How The GOP Debates Will Run… Minus Tangerine.

Y A W N.

Sure, Bill sure can… dream. Dream on, son.

But none of his fever-visions will… become any form of concrete reality — or a strategy.

Tangerine will be live, in the same time slot, being fellated by Tucker Carlson.

Over 60% of all GOP voters will only watch that sh!t show — not any part of any debate.

And, we all know — with Tangerine holding a 40 point lead over his GOP field of challengers… none of these debates will matter — at all. They won’t register with the GOP voters.

So, Trump will go into the convention as the presumptive nominee, even if by then he is a convicted felon.

Bill — your dreams… are… precious. Do hold fast to them.

And as with all your other ridiculous dreams… I will laugh about your naivete, at January 20, 2025.

Cheers.

Erm… What Is It They Say… About “Perspective”? [Stuff-Her-With-Hind-Rocket Edition.]

Riiiiight.

Those lacking it… sound like bleating, burping… idiots.

Meet Elizabeth Stauffer. Twice, lately, it seems… each with the younger Biden dreck.

And… (perhaps most of all!) John Hinderaker. Not getting what the word “objective” might mean.

And, do meet Scott Johnson.

And Steve Hayward.

Each of them… seem fixated on losing the last war — again.

That’s fine by me.

We will move on, to victories by the dozens. [There was a time when most internet wags dubbed John “Hindrocket” — as a sophomoric play on his last name. Since I now have gained a more refined perspective, I won’t link the first two authors mentioned here as “stuff-her-with-a-hindrocket“. Nope. That would be… childish.]

Childish… and Hilarious.

Cheers.

Like Japan And Israel Previously, Now Russia’s Luna 25 Lander Has Crashed Into The Moon. A Complete Loss.

This obviously underscores what an amazing accomplishment the Apollo missions of now a half-century ago were — and the Mars robotic ones. . . are.

Space is… indeed hard. It doesn’t cooperate. And without live pilots aboard to course correct, the automated ones… are prone to miscalculations. Of course, with live pilots aboard, the risk of loss of human life is… ever present. Here’s NPR’s take on it all:

…The Russian space agency says its Luna-25 spacecraft has crashed into the moon.

Russia’s unmanned robot lander crashed after it had spun into uncontrolled orbit, the country’s space agency Roscosmos reported.

The launch earlier this month was Russia’s first since 1976 when it was part of the Soviet Union. The crash comes after Roscosmos reported an “abnormal situation” that its specialists were analyzing on Saturday.

“During the operation, an abnormal situation occurred on board the automatic station, which did not allow the maneuver to be performed with the specified parameters,” Roscosmos said in a Telegram post….

Now you know. And there is no shame in any of this. The “dare mighty things” motto here applies: that requires that we must accept there will be failures. Many of them. Onward, just the same.

नमस्ते

Hinderaker’s “Political” Views Have Devolved, To Mocking Humans Who Don’t Look Like Him.

Ahem. This… is not legitimate political commentary, any longer. Not even close.

Hinderaker so hates and fears all who aren’t “like him” (in his whyte male 1950s sensibilities)… that he mocks their appearances. Not their positions.

We say this with a high degree of confidence because he has no idea where this woman on the right in the video stands… on ANY issue. He and Ms. Gaines mock her — for her self description. Nothing else.

So it is… the Hinderaker / Powerliners’ blog largely no longer offers any ideas, constructive or otherwise.

John is a junior high bully, nearly exclusively. And a weak one, at that. How utterly…

b o r i n g.

Out.

Shortly, A West Texas Federal Judge Will Decide Whether He Will Follow The Long Standing Federal Laws… Or Succumb To Local TX GOP Political Pressures…

We’ve shown you a rapidly worsening series of lawless border incursions / attacks on the Mexico side of the US border, along the Rio Grande, by local Texas state workers, at the direct order of GOP Gov. Abbott. The injunction hearing will now be in Austin, Texas, at 9 AM, on August 22, 2023.

These inhumane “Berlin Wall” style barriers are outside the power of any individual state governor, and in saner times — that would be beyond dispute. [And it turns out that he built them mostly ON MEXICO’S landed side… of the riverbed!!] But these are times when that same Governor feels it is acceptable to pack recent asylum seekers onto hot buses, at mid-summer, and ship them to Chicago, where at least one toddler has died in transit, due to lack of Texas provided emergency medical care, on the bus. This man… is a brown-shirted wanna’ be despot.

In any event, overnight Texas tried impotently to defend its razor wire on the river inhumanity. We will link it for the record, but will re-quote the US position, on why this is an… abomination, while we await a decision at the trial court level:

…The United States brings this civil enforcement action under sections 12 and 17 of the Rivers and Harbors Appropriation Act of 1899 (“RHA” or “Rivers and Harbors Act”), 33 USC §§ 406 and 413, against Defendants Greg Abbott, in his official capacity as Governor of the State of Texas, and the State of Texas….

[The State of Texas’] structures also constitute an unauthorized obstruction to the navigable capacity of waters of the United States in violation of RHA section 10, 33 USC § 403…. In this action, the United States seeks: (1) to enjoin the building of structures in navigable waters and the obstruction to the navigable capacity of the waters of the United States in violation of the RHA, 33 USC § 403; and (2) to require [The State of Texas], at their own expense and cost, to remove all structures and obstructions, including a floating barrier and all infrastructure related to the floating barrier, in the Rio Grande….

[The State of Texas does] not have authorization from the Corps pursuant to 33 USC § 403 or 33 CFR § 322.3 for the Floating Barrier or for any associated infrastructure…. [The State of Texas] did not seek authorization from the Corps prior to installing the Floating Barrier…. Governor Abbott stated publicly on June 8, 2023, that Texas may seek to build similar floating barriers within the Rio Grande along the United States-Mexico border in Texas in addition to the one then contemplated, and now constructed, in the vicinity of Eagle Pass, Texas….

Now you know. What a horror show this feckless idiot in Texas is. Damn. Out.

नमस्ते

Paul… Mostly Misses The Point… But It Matters Little…

Why?

Because he understands… that “We the People” cannot let Tangerine’s felonies go untried… if we are to preserve ordered liberty in our noble but increasingly fragile 240 year experimental government.

…I can understand the urge to prosecute Trump over what happened in Georgia. He writes tonight:

He and his team of bullies and fabulists came into that state making all manner of outlandish claims of fraud, harassing and intimidating election workers, and ignoring the counsel of knowledgeable Republican officials in the state who shot down various of Team Trump’s theories.

Sensible Georgians of both parties have a right to be pissed off…

That’s the money quote, from Mirengoff’s own keyboard too, tonight. This GOP-led behavior is antithetical to a functioning democratic republic.

The dotard needs to see the inside of a federal facility — wearing orange. It is that simple, Paul.

Out.