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Of Geese And Gander, Paul… Sheesh. Just Give It Up.

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Mirengoff (inadvertently, but candidly) notes that due to the choice of activist language the six Supremes settled on last week in the Harvard and UNC cases, the notion of legacy admissions may be in peril.

But of course he puts his pearls of wisdom, such as they are, behind his paywall. That is likely because his reasoning / claim that there is no cause of action cannot withstand independent scrutiny.

Here’s what he wrote, overnight:

…Filed on behalf of three Massachusetts-based black and Latino community organizations, the complaint calls on the feds to investigate Harvard’s legacy and donor-related preferences that, for the time being, favor white applicants.

The complaint is a response to the Supreme Court’s decision that Harvard’s racial preference regime for blacks and Hispanics is unlawful. It mirrors arguments that proponents of such regimes have long made, and that are now lodged with new vigor in light of the Court’s decision. Proponents hope that doing away with legacy and donor-related preferences will open up places for members of minority groups whose levels of enrollment, these proponents fear, are in jeopardy due to the Harvard ruling….

Because the Supremes made the argument that “disparate impact” on at least nominally qualified whyte and Asian-ancestry college applicants was enough to show the programs boosting diversity at Harvard would make out a fourteenth amendment claim (in favor of the whytes), then it follows that the disparate impact “boost” from being a legacy from an almost uniformly whyte family that previously had one or more Harvard graduates, per force, must be enough to invalidate it. Right, Paul? Right!

I am not saying the Supremes are right about this — nor are the Latino law advocates here. We are just saying this is a completely logical outcome, from their stilted reasoning. It will be a century before even 30 per cent of all legacies are non-white.

Of course, the real point here… is that the Supremes’ reasoning is… flawed.

Now you know. And, you’re welcome, Paulie.

Shorter Hinderaker, On Ben & Jerry’s: We Right Wingers Are… Largely Impotent.

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This is a classic. Hinderaker at dinnertime is warning the frothy hard righters (his own tribe!) not to waste time arguing with Ben & Jerry’s on Twitter, over its stance on America’s stolen lands.

He says the Ben & Jerry’s brand is no Bud Light. That the right cannot dent its profit margins. He’s clearly right about that.

There are very few hard right Grateful Dead fans, for example. And even fewer would buy B&J, anyway.

Let’s also stipulate that two things can be true at once. I can believe that we in fact stole large chunks of what we call the US from indigenous peoples.

And I can also be fairly proud — of many other things America has achieved, on the Fourth.

[Humility is a virtue, Hinderaker.]

So, yes John… your acolytes are… impotent, as to this one.

Hilarious.

[U: Appealed.] Hinderaker Tells Us He Knows Nothing Of Old FCC Law & Procedure, Without Telling Us He Knows… Nothing Of It.

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Updated 07.05.2023 8 pm: The Administration has already filed a notice of appeal from this nonsense. The decision will be wiped from the books, as completely untethered from existing law. End update.

Hilarious — now John weighs in on the Doughty nonsense manifesto of the Fourth.

John opines that the Supremes will affirm this pile of dung, if it becomes a final injunction.

I will take the other side of that bet, on a 7-2 majority. Only Alito and Thomas will see this as a proper injunction.

Here is why — as I said last evening:

The entire opinion rests on a laughably insipid false premise: this judge pretends that a right to say something — anything — means the NYT (for example) “must carry” it. Preposterous. Saint Ronnie Reagan got rid of the “must carry” rules — even in broadcast — in about 1985.

No one’s right to speak is abridged, just because I (a purely private actor, like FB or the NYT) refuse to sell you my bull-horn, or worse — give you a free one. Damn, Doughty. All these complaining loons may drive to NYC, and go directly into Times Square, and bark madly into the night sky. That’s the sole freedom they are accorded (no private party owns the sidewalk in Times Square) — but no one says I have to host them in my private living room. See the difference? That’s the pure idiocy of Judge Doughty.

So, his “opinion” will be stricken on appeal — and never matter in any real world scenario.

But it was some great red political meat — around the fireworks — for the Trumpers. I link it here — only so we may accord it… its richly-deserved mockery. I guess the Administration should remain silent in pandemics, when idiot doctors endanger the lives of the public with false health claims(?!). This is lunacy, as a matter of policy — and in no manner reads on the First Amendment — properly understood.

Onward — too bad these jokers didn’t pay attention to the evolution of public media and broadcast law, as informed by evolving (conservative) first amendment law, over the last half century or so.

Damn. Good theatre, though.

[U: Three!] Breaking A Record Set One Year Prior — Now On THREE Consecutive Days: Hottest Globally, In Recorded Human History.

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It was just about a year ago that we noted the previous hottest day ever, globally.

This week, we broke that record thrice twice, on consecutive days — July 3, 4 and 5, 2023. Here are the details:

…The average global air temperature recorded 2 metres above Earth’s surface was 17.18°C (62.92°F) on 4 July, the highest that has ever been recorded. The previous record was set the day before….

Before that, the next highest-temperature on record was recorded jointly in August 2016 and July 2022, when average global temperatures reached 16.92°C (62.46°F). The two consecutive days of record-breaking global heat confirms scientists’ warnings that 2023 is likely to be one of the hottest years on record, as the twin effects of climate change and a warming El Nino climate pattern drive temperatures to new highs….

These are facts, whether the petrochemical and dirty coal industries condescend to believe them or not — they remain… facts. Onward, into only slightly less lethal heat indices here on Wednesday. Sheesh.

नमस्ते

The Sixth Circuit Itself Has Decided To Refer The Friends Of Georges Appeal By TN… To Mediation.

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This is a clear sign from the federal courts that Tennessee’s position is a loser.

If Gov. Bill Lee is any kind of wise, he will agree to a settlement that pays the plaintiffs’ legal fees, and closes the matter. The taxpayers of Tennessee could owe an additional $600,000 or so in appeal legal fees, only to lose — again. The law is unenforceable on its face, as we’ve shown, and the able USDC judge in Memphis has ruled. Here’s that mediation referrral notice:

…The third and primary purpose is to explore possibilities for settlement. We will discuss in considerable detail the parties’ interests and possible bases for resolving the case.

You should be prepared to address all of these matters. More detailed information about mediation in the Sixth Circuit can be found on our website….

And, just for a complete record, here is the DA Mulroy’s opposition to the award of George’s attorneys’ fees, for having to bring suit against a plainly unconstitutional “law”. Onward. grinning — on a sultry, sunny day in the city of big shoulders, now….

नमस्ते

[U, X2] What The First Amendment DOES NOT Read Upon… Geez. Louisiana Trump Appointee Gets It All Wrong, Over 155 Pages.

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Updated 07.05.2023 8 pm: The Administration has already filed a notice of appeal from this nonsense. The decision will be wiped from the books, as completely untethered from existing law. End update.

To call this preposterous opinion political grandstanding… is to insult political grandstanders.

This USDC Judge decided to come in to the office on the Fourth, precisely to release what he regards as his “manifesto”. [Updated on the morning of July 5: Mr. Johnson cheers the fact that a federal judge is so utterly ignorant of federal law. Charming. End update.]

The entire opinion rests on a laughably insipid false premise: this judge pretends that a right to say something — anything — means the NYT (for example) “must carry” it. Preposterous. Saint Ronnie Reagan got rid of the “must carry” rules — even in broadcast — in about 1985.

No one’s right to speak is abridged, just because I (a purely private actor, like FB or the NYT) refuse to sell you my bull-horn, or worse — give you a free one. Damn, Doughty. They can go to Times Square, and bark madly into the night sky. That’s freedom — but no one says I have to host them in my private living room. That’s pure idiocy.

So, his “opinion” will be stricken on appeal — and never matter in any real world scenario.

But it is some great red political meat — around the fireworks — for the Trumpers. I link it here — only for… derision. I guess the Administration should remain silent in pandemics, when idiot doctors endanger the lives of the public with false health claims(?!). This is lunacy, as a matter of policy — and in no manner reads on the First Amendment — properly understood:

…Defendants also argue that Plaintiffs are attempting to create a “deception” theory of government involvement with regards to the FBI Defendants. Plaintiffs allege the FBI told the social-media companies to watch out for Russian disinformation prior to the 2020 Presidential election and then failed to tell the companies that the Hunter Biden laptop was not Russian disinformation. The Plaintiffs further allege Dr. Fauci colluded with others to cover up the Government’s involvement in “gain of function” research at the Wuhan lab in China, which may have resulted in the creation of the COVID-19 pandemic.

Although this Court agrees there is no specified “deception” test for government action, a state may not induce private persons to accomplish what it is constitutionally forbidden to accomplish. Norwood, 413 U.S. at 455. It follows, then, that the government may not deceive a private party either—it is just another form of coercion. The Court has evaluated Defendants’ conduct under the “coercion” and/or “significant encouragement” theories of government action, and finds that the FBI Defendants likely exercised “significant encouragement” over social-media companies….

Plaintiffs met their burden to show “significant encouragement” by the White House Defendants, the Surgeon General Defendants, the CDC Defendants, the FBI Defendants, the NIAID Defendants, the CISA Defendants, and the State Department Defendants, this Court finds the Plaintiffs are likely to succeed on the merits that Defendants “jointly participated” in the actions of the private social-media companies as well, by insinuating themselves into the social-media companies’ private affairs and blurring the line between public and private action. . . .

However, this Court finds Plaintiffs are not likely to succeed on the merits that the “joint participation” occurred as a result of a conspiracy with the social-media companies….

So — even he admits the theory has no basis in law — yet, astonishingly he lets them have an injunction. Tellingly, the guy cites not a shred of actually applicable federal law. But onward, grinning — at the desperation.

नमस्ते

“Gee, Mr. Otis — That Brown Shirt Sure Looks Nice.” But Isn’t It… A Lil’ TIGHT?!

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Bill… has decided he’s no limited government conservative.

No — he’s a totalitarian. This is the only logical way to read his.

And it tells us just how afraid he and Paul and the Powerliners are that the Supremes largely lost their legitimacy last week — reverting to a purely political organ. Bill knows what comes next: a court of 13 or more.

And the end of all this nonsense.

So… he now supports deeply personally intrusive legislation into peoples’ private relationships with their doctors.

Legislation — to try (vainly) to put it all beyond the reach of a court that may soon (2026) have seven Democratic but law abiding nominees, to the six GOP lawless zealots we just saw show their horrid faces, last week.

D A M N.

[U] Paul Mirengoff Would Tell Us That ONLY Test Scores And GPA Are “Determinants”… Of Merit, Or Even More Preposterously, “Odds Of Success”?!

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This morning, Paul condescends to tell us all why (in his warped view) only GPA and SAT / ACT / LSAT / MCAT / GRE scores should be the yard-sticks by which we decide who gets in to which schools, and whether or if they get in anywhere, at all.

Of course, rather than honestly admit that he wants to advance that silly notion, he instead attacks all other schemes as “race-based“. [So, once again, using the fallacy of composition, he attacks a non-existent opponent. And what… a goofy guy.]

Look — we all know dozens, if not hundreds, of people who are “Phi Beta Kappa / No Common Sense” — people who got great grades, and test off the chart on standardized tests… but are utter disasters in real life — in the working world, or in anything other than a cloistered research lab or musty small college lecture hall.

So, when Paul pretends that “only numbers” are a workable live proxy for merit… his own lived experience tells him he’s lying. What it (his proposition) mostly is… is a good predictor of wealth, and mostly whyte cultural advantages that come with it. [Increasingly, it also skews in favor of Asian-Americans who’ve lived here for more than two generations.]

So — another way to look at Paul’s “perfected world” is to realize that it allows for a maximized number of “legacy admissions” — which, due to three centuries of overt bias (in favor of whyte males), in turn means there are almost uniformly whyte legacy admittees coming in the door, that way. Another unearned skew in favor of whyteness. Color me… utterly unsurprised.

No, at bottom, Paul and his ilk seek a return to the days when only the best families got into Dartmouth, Harvard, Yale and Stanford.

Because he thinks his family is among that lot.

The dishonesty of his (and the Supremes’) arguments would be comical… if they weren’t so sad.

As he knows, the fact is — it won’t amount to a hill of beans, as colleges will use essays to achieve “merit” diversity.

So prattle on, Paul. No one cares.

Out. [Same goes for Hinderaker’s bleatings, this morning. Updated @ 11:47 pm — and his whine, of this evening. Ugly.]

Of Charlemagne… 1,210 Years Ago — In What Is Now France…

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An era previously unknown in what passed for civilization in what became Western Europe… had opened.

A peaceful, stable monarchy… spanning the whole of those lands. [The recent unrest in France has reminded me that from 814 to the French Revolution, an unbroken line of royalty ruled France.]

Even so, directly to the south — by about 1,600 miles, in Africa, a settlement of the humans from whom Charlemagne’s line (we now know, via genetic sequences) directly descended, had already been thriving for… 132,000 years.

Consider this: All these people — protestors against brutality, and older, mostly whyte people who oppose them — are truly brothers and sisters, through the Nama.

It makes the current unrest… smaller, in perspective. No doubt the protests are justified, as police killings of unarmed motorists are rare and deplorable, there.

Onward.

Bitsy Stauffer Thinks Mr. Biden (Wait for it!) Wants To “Dim The Sun” — Via Covert Means!?

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Okay — for a good half-year now, I’ve been running a satirical graphic that suggests Hinderaker’s mind has gone buggly.

Tonight, Ms. Stauffer firmly joins that camp. She put out a piece intimating that the Biden Administration is conducting covert research (despite the research having been mandated by prior federal statutes!) into a massive “Manhattan Project” / “Project Bright-Boy” — the goal of which would be to dim the Sun.

Uh huh.

She claims this is going to be the Biden/Harris administration’s “fix” for global warming. [That is, if it “works” — they will permanently send the globe into an ice age, in her telling. Geez. JFKM.]

Perhaps surprisingly, and very quickly, Steve Hayward updated / edited hers, to suggest that the project is not as even remotely as she’s described — and in any event… may be needed in some form (around 2050).

But let’s not lose sight of the fact that she is truly gullible enough to believe everything the Posse Commitatus guys email her.

D A M N.

Truly. . . loony-tunes.

Out.