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For A While John & Scott Have Been “Sparring” — About What The Local MN GOP Should Do…

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…as regards the “standoff” — as they style it — in the state wide house of reps.

Hinderaker wants to have his golden boy rabid right think tankers in the limelight soon, so he supported what he calls “a deal” — to end the standoff.

In point of fact, as John now admits — (but Scott, to this will day NOT admit!) — the “standoff” was actually the GOP refusing to obey court orders, as to who had won an election (the winner was a Democratic candidate, by 14 votes).

So — all of this is… AGAIN! about GOP lawlessness.

Here’s John’s own take on it — of this very morning:

“…[The GOP] agreed [Ed. Note: “agreed”?! The court ordered it — this is typical Hinderaker/GOP thuggery!] to seat Brad Tabke, a Democrat who won last November with a 14-vote margin. It developed that election authorities in his district threw away 20 ballots without counting them, so Republicans called for a new election. The election contest was tried, and the judge ruled in Tabke’s favor, holding that he had legitimately won, and no new election was required. (Democrats called witnesses whose ballots had allegedly been destroyed, who testified that they voted for Tabke)….“

Again — to anyone paying attention… the extent to which both Johnson and Hinderaker have lied about this state of affairs — to make it appear as though the poor hapless GOP was being victimized… is disgusting.

They were being “victimized” solely because their candidate LOST the election.

They were defying fully final court orders.

Kinda’ like what we saw, on J6… huh?! Damn, boys.

Sit down, and shut up.

In any event, come St. Paddy’s (if I understand the remaining special election probabilities) — the Democrats are likely back in control by a margin of 68-66 anyway, after special election results.

So it is really the GOP… just trying to run the clock until it knows it is completely out of ammo.

Cheers.

Well… Except John… That The GOP And World Leaders ALL Are Laughing “AT Him”, Not “With Him”.

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Tonight‘s Hinderaker Reality Distortion Bubble tries to blunt/soften Tangerine — the barking loon we saw yesterday with Bibi, live — by saying he was… joking. Sure.

In the same breath though John thinks he’s widened the “Overton Window” (as to what’s NOT beyond the pale, for serious adults)… so it’s apparent that John believes Tangerine 2.0 was serious.

The problem with any notion that this idea has currency in any circle (other than in the Trump nuclear family!) is the rest of the GOP, and all of the thinking world… sees Trump for who he is: a barking madman.

Everything I said this morning — about Scott’s comments — now applies doubly to John’s.

These boot lickers… are truly disgusting.

Out.

[U] I Guess We Need To Say It AGAIN: Tangerine 2.0 CANNOT Change Federal STATUTES With His Mere Black Sharpie Scribbles(!). Title IX Edition…

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Updated: 02.06.2025 @ 9 AM — Here a day later, Scott Johnson openly admits this is… impotent. Sterile. Meaningless, as a matter of law. But it makes good camera — for the idiot MAGA base. And it stokes hatred; the gang’s entire raison d’être. So much for ever being a… lawyer, eh, Scott?

End updated portion.

While this may be my first and last mention of the trans-athlete cases… and while the Jackson case now through the Fourth Circuit below… may ultimately reach the US Supreme Court (and might even be overruled) — at the moment, the Fourth Circuit Court of Appeals states the controlling US law, on Title IX — a federal statute. Note that it was Justice Gorsuch who six terms ago penned the majority opinion in Bostock, which held the statutory term “on the basis of sex” plainly forbid discrimination in same sex marriage rights. [Because the exact same phrase is in play in Title IX, that same logic is likely inescapable here, wiping Tangerine’s nonsense, insofar as it falls under Title IX (i.e., federal funding).]

Now, as we’ve demonstrated (and every court to consider it has held) in the “Freeze” and “Birthright” cases — and last time (Tangerine 1.0) in the “no Defense funds earmarked by statute” were allowed to be used for Tangerine’s “build a wall” despite his putative executive orders (all as upheld by the Supremes in 2019)… these Trumpy mere Black Sharpie marks / purported executive orders cannot override federal statutes. He cannot undo Congressional acts, all on his own… he needs new laws, from Congress — what a malign loon, See this case, and a bit of it, out of West Virginia:

…[W]e conclude the district court erred in granting summary judgment to the defendants. But we also conclude B.P.J. has shown applying the Act to her would violate Title IX, and the district court thus erred in denying her motion for summary judgment. For that reason, we reverse this portion of the district court’s order and remand with instructions to enter summary judgment for B.P.J. and conduct remedial proceedings on her Title IX claim.

Title IX says “[n]o person… shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. § 1681(a).

The defendants do not dispute that middle school sports are an “education program or activity….”

The only remaining question is whether B.P.J. has “on the basis of sex, be[en] excluded from participation in,” “denied the benefits of,” or “subjected to discrimination” in connection with middle school sports. 20 U.S.C. § 1681(a). We conclude the answer is yes….

So — that is conclusive: Trump’s latest “trans athlete” exec. order is. . . meaningless. Any entity getting federal funding for athletics MUST comply with Title IX’s clear statutory language, and all court orders construing that language. Period.

Onward. There will be a case filed in federal court by the ACLU shortly to make all this iron clad. Cheers. Hushing now.

नमस्ते

Britain Has Now Reported A Ninth Case, Unrelated To The Others — Of Clade 1b Mpox… Returning Traveler From Uganda…

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Starting this week, the British health authorities will provide weekly updates, on Thursdays. [No more one — by one — by one… dribbles.] That’s your clue — if you are… savvy, that the Brits expect to see more of them — they don’t believe they’ve identified and contained… all the contacts of contacts.

And of course, the very encouraging news here, nonetheless (from an outbreak management/arrest perspective) is that there is a highly effective vaccine for Mpox. And the British have stockpiled it. We must also note the pure lunacy of the US walking away from USAID, and cutting off its funding to WHO — both of which addressed the root cause / source of these outbreaks — in various African nations. Insane.

In any event, here is the latest from the smart folks at U. Minn. / CIDRAP:

…The UK Health Security Agency (HSA) today reported another clade 1b mpox case, marking the country’s ninth since October 2024.

In an update, the HSA noted few details, other than that the patient had a history of travel to Uganda, one of the current mpox hot spots in Africa’s outbreaks.

The United Kingdom has reported four such cases since January 20, all in people who had traveled to Uganda….

If Sens. Collins & Murkowski et al., fecklessly vote to confirm RFK Jr. — we should all forward these daily virus outbreak tallies — for the dread Ebola (Sudan Variant), Marburg, Mpox, Lassa Fever and H5N1… directly to her/their offices (in a paper-based blizzard of protests). They (and he!) will own all these completely avoidable (excess) virus-borne… deaths. Now you know. Onward.

नमस्ते

And, Just A Quick Update: Additional Support, For Blocking Tangerine 2.0’s Insane Attempt At “Ending” Birthright Citizenship, By Black Sharpie…

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I’ll just quickly leave the consolidated response (filed overnight, on the West Coast) here as I am running to a client meeting (in the steel and glass canyons), now — it is excellent, from the Western District of Washington State.

His loony papers are temporarily enjoined, already — this is about making that state of affairs. . . permanent. Here’s a bit:

…[The] Plaintiff States’ constitutions and laws rely on the settled meaning of “United States citizen.” This includes laws requiring citizenship to vote in state elections, serve on state juries, hold local offices, and serve as a police or corrections officers. See, e.g., Wash. Const. art. VI, § 1 (right to vote in state elections); Ariz. Const. art. VII, § 2 (same); Or. Const. art. II, § 2 (same); Ill. Const. art III, § 1 (same); Wash. Rev. Code § 2.36.070 (juror qualifications); Ariz. Rev. Stat. § 21-201(1) (same); Or. Rev. Stat. Ann. § 10.030(2) (same); 705 Ill. Comp. Stat. 305/2(a) (same); Ariz. Const. art. V, § 2 (eligibility to hold certain state offices); Ill. Const. art. V, § 3 (same); Or. Rev. Stat. Ann. §§ 181A.490, .520 .530 (qualifications for police, corrections, and probation officers)….

Defendants’ core contention is that children born to undocumented and many legal immigrants are not actually “subject to the jurisdiction” of the United States, and thus not entitled to birthright citizenship, under a theory never before adopted by any court. They are wrong as a matter of constitutional text and history, and their arguments are foreclosed by the Supreme Court’s decision in Wong Kim Ark.

As the Supreme Court explained in Wong Kim Ark, “[t]he real object” of including the “subject to the jurisdiction thereof” language was “to exclude, by the fewest and fittest words (besides children of members of the Indian tribes, standing in a peculiar relation to the national government, unknown to the common law), the two classes of cases… recognized [as] exceptions to the fundamental rule of citizenship by birth within the country.” 169 U.S. at 682. Those two classes are “children born of alien enemies in hostile occupation, and children of diplomatic representatives of a foreign state[.]” Id. The Court explained at length how in each of these cases, the United States’ exercise of sovereign power was limited either in fact, as a matter of common law and practice, or in the case of Native American tribes, as a result of their tribal sovereignty. Id. at 683 (discussing United States v. Rice, 17 U.S. (4 Wheat.) 246 (1819)….

Now you know. Onward.

नमस्ते

Ethnic Cleansing… By Any Other Name: Trump, On Gaza

~ condor ~ 1 Comment

Well. That’s something.

Even Powerline realizes he’s gone… loco. People who’ve lived on that land, for over 1,389 years [thanks go to Anon., for correcting me — at my other property!] 3,000 should be… forcibly removed?!

At least Johnson realizes… nothing Tangerine 2.0 said yesterday about Gaza… is worth the paper it might be printed on, today.

It is just a stupidly dark fantasy, to let him build hotels for the wealthy (enhancing his personal fortune) — on that land.

Any sane person knows: NATO will oppose it. Russia and China will oppose it — and he gives all of them the right to call his plan (correctly) an impotent attempt at ethnic cleansing.

But Scott would tell us “don’t take him seriously just understand that he loves Israel“. That’s his only message.

Sure, sure cool story, bro.

He is in no manner anyone’s serious preznut.

Out.

Hinderaker Doesn’t Understand Much… Just like Tangerine.

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This Hinderaker post tonight is… a likely second runner up, in the “make a bad version of a Fellini film” contest.

Yikes.

John (and the Don)… seem unaware that the way Russian subterfuge works (and works best!)… is to seed some falsehoods into the stew (the Steele dossier) with some truths… to create both a plausible veneer — and… deniability.

But whatever. [These guys live in a reality distortion bubble.]

All that said… the surreal / Fellini-esque nature of it all… is a sitting preznut bothering to sue a committee that made an award he wasn’t eligible to win — because he didn’t like the coverage that won the award.

Seriously?!

And here’s Hinderaker — licking that guy’s boots.

That’s… crazy. And… sadly demented behavior.

Out.

Update: The Union In Quebec Is Prepping Another “Unfair Labor” Charge / Admin. Litigation — Against Amazon’s Mass Closures, There…

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Normally, I’d only put up one Amazon-labor related post a month nowadays, but it infuriates me that Bezos’ lawyers think that they can ignore controlling Canadian labor law — and just “run away bride” — while likely transferring essentially all these operations and facilities to new contractors (as well as keep selling online in Canada), solely to avoid mandatory, binding collective bargaining / arbitration, there.

Bezos seeks to keep the bulk of his profitable cash from operations flowing, while ignoring fair wages for his workforce. Damn.

And so… here are the highlights, from the English language version of the timeline the union has laid out, as it preps litigation:

…May 10, 2024 | The Administrative Labour Tribunal determines that the union represents the majority of workers at Amazon’s DXT4 warehouse. The Laval Amazon Workers Union—CSN is certified and becomes the first — and only — Amazon union in Canada….

July 31, 2024 | Administrative Labour Tribunal Judge Henrik Ellefsen orders Amazon to remove and destroy all the anti-union posters the company has put up at its facilities, ruling that the messages “constitute warnings to employees about sensitive issues and are clearly likely to alarm them about the possible consequences of joining a union.” Judge Ellefsen also orders Amazon to pay the union $30,000 in moral and punitive damages….

October 22, 2024 | The ALT rejects Amazon’s constitutional argument on the grounds that Amazon has neither the standing nor the interest to seek revocation of the certification decision. In her ruling, Judge Irène Zaïkoff dismisses Amazon’s constitutional challenge out of hand, as well as its motion for revocation of the decision to certify the DXT4 warehouse union. Soon afterwards, Amazon announces that it will appeal….

January 2025 | Knowing the provisions of the Labour Code, Amazon’s lawyers agree to the union bargaining team’s suggestion that they get their house in order and agree on as many clauses as possible in order to reduce the scope of the decision of the arbitrator who will be named following the request for first collective agreement arbitration….

January 22, 2025 | A final bargaining session is scheduled between Amazon and the union. In the early hours of the morning, Amazon’s lawyers inform the union negotiators that all 300 DXT4 employees have been laid off and Amazon is closing its seven warehouses and outsourcing all of its Québec operations….

Yep — there it is — the way billionaires like Musk and Bezos treat people barely making living wages… is deplorable.

नमस्ते

In The Rhode Island Version Of The Freeze TRO Proceedings, There Will Be An “In Chambers Only, Counsels Only” Conference With The Able USDC Judge On Thursday…

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This might most probably be… to figure out if there will be need for discovery/trial, or whether (more probably) Team Tangerine 2.0 intends to make an immediate, interlocutory appeal to the Second Circuit.

I doubt very much that it might be to discuss sanctions, sua sponte by the able Judge — for the “contrary to controlling law” positions the Trump attorneys took on last Friday, but one never knows. More likely (since TROs once granted are considered “urgent, limited time orders“), it is to privately figure out whether immediate hearings need to be docketed in Rhode Island trial level courts, whilst not inadvertently tipping the hands of counsel, for their respective clients, prematurely:

…NOTICE of CONFERENCE:

In-Chambers Conference via Zoom scheduled for Thursday 2/6/2025 at 9:30 AM as a Remote Conference before Chief Judge John J. McConnell, Jr. This conference is for COUNSEL ONLY and Zoom Meeting information has been provided to counsel under separate cover.

THIS IS NOT A PUBLIC HEARING. (Jackson, Ryan)….

Now you know. And I am… (unreasonably) proud, of my new frozen poo-graphic above. Hah. Out.

नमस्ते

A “Later-Gram”: At ~$17.9 Million, Amazon Nearly Doubled The Major Pharmacos, In Election Year Lobby Spending — Stayed Steady With Its Prior Year…

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Okay — this is the end of the lobbying series.

To be clear, I will only detail the medical / health-care delivery items, and (of course!) employee welfare related spend items, from Q4 2024 below, for Amazon. It spends LOTS on hauling / shipping regulations, and FTC issues… and worker/unionization rights / NLRB issues, of course — with nearly 2 million workers globally now.

In any event, here is what the company kept on bending Congressional and agency ears about — even as the 2024 national election took place:

…▲ Issues related to broadband access and affordability, satellite communications, space safety, spectrum, including the Spectrum and National Security Act of 2024 (S. 4207), device accessibility, Section 230 reform, content moderation, and online video, including the Satellite and Telecommunications Streamlining Act (S. 4010), the Farm, Food, and National Security Act of 2024 (H.R. 8467), and implementation of the Infrastructure Investment and Jobs Act (P.L. 117-58)….

▲ Issues related to intellectual property, including copyright reform and artificial intelligence; counterfeits, including the SHOP Safe Act (S. 3934 / H.R. 8684), music licensing, and issues related to patent reform, intermediary liability, and rights of publicity. Issues related to patent reform, including the PREVAIL Act (S. 2220) and the Patent Eligibility Restoration Act (S. 2140)….

▲ Issues related to taxes, including renewable energy tax credits, digital goods and services, international and corporate taxation, and implementation of the Tax Cut and Jobs Act (P.L. 115-97)….

▲ Issues related to data protection, encryption, data retention, data breach notification, data security, cross border data flows, privacy, including the American Privacy Rights Act of 2024 (H.R. 8818), law enforcement access, fraud prevention, product safety related to the sale of counterfeit and/or stolen products, including the Combating Organized Retail Crime Act (H.R. 895 / S. 140), cloud computing, including the American Data Privacy and Protection Act (H.R. 8152), Esther’s Law (S. 4298), and implementation of the Consumer Product Safety Improvement Act of 2008 (P.L. 110-314). Issues related to artificial intelligence safety and research and development, including the Future of AI Innovation Act (S. 4178), the AI Research Innovation, and Accountability Act (S. 3312), the Protecting Consumers from Deceptive AI Act (H.R. 7766), the National AI Commission Act (H.R. 4223), and the Create AI Act (S. 2714)….

▲ Issues related to postal rates, service performance, implementation of the Postal Service Reform Act of 2022 (P.L. 117-108), and the transportation of hazardous materials….

▲ Issues related to immigration, high-skilled immigration, and non-immigrant visas, including issues related to employment-based visas, green card backlog, and the STEM visa exemption provision….

▲ Issues related to US trade policy, including USMCA, the World Trade Organization, the World Customs Organization, China, country of origin labeling, US customs policy and procedures, US tariffs, foreign direct investment… including in the EU, Asia, and Latin America, the COOL Online Act (H.R. 6299 / S. 1421), and the ENFORCE Act (H.R. 8315)….

▲ Issues related to USDA SNAP online purchasing, including reauthorization of the Agricultural Improvement Act of 2018 (P.L. 115-334), the Farm, Food, and National Security Act of 2024 (H.R. 8467), Electronic Benefit Transfer, the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), and food safety….

▲ Issues related to veterans hiring and training, employee compensation and benefits, workplace safety, competition, contracting, and minimum wage, including the AMERICA Act (S. 1073), and the Warehouse Worker Protection Act (H.R. 8639 / S. 4260)….

▲ Issues related to STEM education, computer science education, and job training in the CHIPS and Science Act of 2022 (P.L. 117-167), and implementation of the National Defense Authorization Act for Fiscal Year 2024 (P.L. 118-31)….

▲ Issues related to IT modernization, cybersecurity… implementation of the Foundations for Evidence-Based Policymaking Act of 2018 (P.L. 115-435)….

▲ Issues related to health information technology, Medicare, healthcare and telehealth, including the Telehealth Expansion Act (H.R. 1843 / S. 1001), the Telehealth Benefit Expansion for Workers Act (H.R. 824), the CONNECT for Health Act (S. 2016 / H.R. 4189), the Telehealth Modernization Act (H.R. 7623 / S. 3967), and the Primary Care Enhancement Act (H.R. 3029 / S. 628); issues related to pharmacy, including the Better Mental Health Care, Lower-Cost Drugs, and Extenders Act (S. 3430); and issues related to Fiscal Year 2025 appropriations bills and the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2025 (H.R. 9029)….

▲ Issues related to Amazons Climate Pledge, including alternative fuel vehicles, electric vehicle charging infrastructure, renewable electricity data, federal fleet electrification, maritime and shipping decarbonization, data center energy, sustainable aviation fuel (SAF), low-carbon R&D, and plastics. Issues related to energy and environmental provisions in the Infrastructure and Jobs Investment Act (P.L. 117-58) and the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2025 (H.R. 8998)….

And… there you have it — all while the company fires 2,000 team members in Quebec, Canada for joining a union. Closed shop. Damnation.

नमस्ते