THE SANDBAG

Magoo fell again today and it wasn’t on stairs. It was on a level platform at the Air Force Academy. Now the Magoo sycophants are claiming that he tripped over a sandbag. First I have watched it several times and he didn’t trip over anything. He just flat out collapsed.

And secondly please tell me what a sandbag was doing on on a flat stage? Magoo is just plain unstable on any surface. Not particularly surprising at his age, but quit pretending that he’s got his shit together.

BIRTH TOURISM

Trump said yesterday that on his first day in office he will sign an EO banning birthright citizenship for the children of illegal aliens and birth tourism. I’m sure you know what the first category is and the second is people who legally come to the country while very pregnant, have a child and then claim American citizenship for the kid go back to China or wherever and then use the kid as an anchor baby to get the whole family dual citizenship.

I say great! It’s about time and I fault Trump for not doing it in his first term and this goes to a point I made before. In his first term, he still had to be concerned about reelection. In a second term he can truly be the proverbial bull in a china shop. He can do what he wanted to last time without fear because there would be no next time.

Now I have ranted about this before and you can look it up. I will not repeat it. However I will point out the point I made before. Namely the Supreme Court has never addressed this issue even though the left tries to pretend otherwise. Do it! I like my chances with this court.

SACKETT V. EPA

I told you I would read it and I did and it basically comes down to the permissible definition of adjacent wetlands to navigable waters. The decision basically is just an exercise in dictionary reading. They discussed the whole history of navigable waters which became waters of the United States in the Clean Water Act. So the decision came down to whether or not the EPA’s definition of adjacent, which included any neighboring wetlands was a permissible interpretation of the statute. So you understand the breadth of the EPA’s asserted definition, the next paragraph is directly quoted from the decision.

“According to the EPA, the “wetlands” on the Sacketts’ lot are “adjacent to” (in the sense that they are in the same neighborhood as) what it described as an “unnamed tributary” on the other side of a 30-foot road. App. 33. That tributary feeds into a non-navigable creek, which, in turn, feeds into Priest Lake, an intrastate body of water that the EPA designated as traditionally navigable. To establish a significant nexus, the EPA lumped the Sacketts’ lot together with the Kalispell Bay Fen, a large nearby wetland complex that the Agency regarded as “similarly situated.” According to the EPA, these properties, taken together, “significantly affect” the ecology of Priest Lake. Therefore, the EPA concluded, the Sacketts had illegally dumped soil and gravel onto “the waters of the United States.”

The court held that adjacent wetlands only applied to wetlands that were continuously connected to traditional navigable waters so basically you can’t tell where one ends and the other starts and therefore the Sacketts won as should be obvious from the above quote, and it was a 9-0 decision. There were a few concurring opinions and interestingly Sotomayor wrote a concurrence in which Kavanaugh concurred in which they concluded that adjacent means next to like the house next door and would include a wetland separated by a highway from a river even though there is no connection. I think that’s stupid but fortunately it’s not the law.

I have a little pond in my backyard yard that is not directly connected to the neuse river. It gets bigger or smaller depending on rainfall but is only directly connected to the Neuse during flooding, so it’s not covered by the CWA but would be by the Sotomayor definition.

Now why is this decision important. It’s another blow to Chevron deference which this court has been steadily chipping away at. I have ranted about this concept previously but it’s basically the concept that courts should defer to agency expertise when interpreting vague statutory language. As I have previously mentioned, it’s based on a false premise, namely that agencies have supposed expertise. Just look at Magoo’s cabinet and tell me which of them are even remotely qualified.

Previously the SC, not this one but an earlier SC, had struck down an EPA regulation that attempted to tie waters of the US to the migratory birds law so that any water that a migratory bird landed in became property of the US. So if a duck or goose landed in your pool or koi pond or your bird bath the feds owned it.

I was hoping to see Chevron deference mentioned and it wasn’t, but the Court explicitly rejected EPA’s claim that the Court should defer to their definition. Another step forward in reigning in the administrative state. Hopefully soon they will flat out declare that agencies are entitled to no deference!

If you want to read the opinion the cite is below, and like all official SC decisions there is a syllabus up front that’s I think six pages long.
https://www.supremecourt.gov/opinions/22pdf/21-454_4g15.pdf

CONNECT THE DOTS

Once again Clay and Buck are driving me crazy with their constant inference that Trump can’t win because even if the last election was stolen they demand to know why it won’t be stolen again. Btw that question isn’t singularly a Trump problem, it is a problem that RDS or any other republican will have to deal with. So let me connect the dots for you and them, although they will never listen because they’re too much in love with their own pontifications to actually listen to anyone else.

Just an aside, today Clay thought he had a brilliant analogy to Trump’s claim that RDS wasn’t being loyal since Trump’s endorsement got him elected as governor. So Clay said that Lou Saban who hired Kirby Smart and then Kirby went on to the head coaching position at Georgia means that Kirby should lose to Alabama out of loyalty. Now I’ll just let you ponder how stupid that analogy is. Go ahead I’ll wait. Kirby isn’t challenging Lou for a job! RDS is challenging Trump for a job.

Now getting back on message, as I’ve said before that all their nonsense about voters defecting from Trump is total bs. I looked it up and in fact Trump got 10 million more votes in 2020 than in 2016 and is the only incumbent president to get more votes for reelection and lose. The question they should be asking is how did Magoo get 12 million more votes than Hillary from his basement?

They are both obsessed with what will be different in 2024? Lots. Many states have tightened up their voting laws. In Georgia it meant that more people voted and Kemp beat the airport runway model decisively! And I believe that the entire board of electors for which ever precinct that sanctioned the pull out the suitcases after you chase everyone out and start counting fake ballots as many as three times was removed. That was enough votes to have changed Georgia and contrary to the narrative, that has never been debunked.

In Wisconsin and Michigan their Supreme courts have held that the last election violated state laws and constitutions. I’m not sure what the actual status is in Pennsylvania but the Arizona high court has said that the law wasn’t followed. And the republicans have learned that you can’t wait until after elections to challenge illegal changes to voting laws. Judges don’t have the balls to adjudicate the cases just saying they are moot. They have their own legal team ready to file lawsuits before the election to stop shenanigans.

And here’s the really curious thing. They are all going with the statistic that, depending on who you listen to, that between 17% and 30% of people who voted for Magoo would have voted for Trump if they knew about Hunter’s laptop. So are these people now going to vote for Magoo knowing all that and the much more damning information of corruption that has come out? And ignore inflation and the border and energy prices? I don’t think so but these folks never seem to be able to connect the dots.

Tomorrow I will be putting up a rant on the Supreme Court’s decision today curtailing the EPA’s overreach on expanding the definition of Waters of the US. As I have mentioned previously, this is an area of the law that I was once an expert in and so I have downloaded and want to read the entire decision before I comment. I don’t want to trust news snippets.

ZERO BASED BUDGETING

Please understand that this nonsense that some economist came up with to pretend he had some amazing breakthrough. All economists are just frauds. They pontificate nonsense that they just make up. None of them know what they’re talking about. Jimmy Carter said that ZBB had to be enforced throughout the federal government. Guess what? I was there and nothing changed. . So give up this nonsense.l

NEED CONGRESS TO STEP UP

Under the constitution the Congress determines all lower courts under the the Supreme Court. It’s time for Congress to step up to the plate and create a court to enforce congressional subpoenas. They can do it and it would prevent Magoo and his DOJ from refusing to enforce congressional subpoenas. Do it and I don’t care if in the future it might allow the Dems to enforce their subpoenas. It would guarantee that the Congress can enforce their oversight responsibility.

AMERICAN IDOL

Last night a new idol was crowned, Iam Tongi. And today there was a big outcry on the internet claiming that it was fixed. And I have to agree. Iam is a maybe 300 pound singer from Hawaii of Samoan descent. I thought from the beginning he was a contender because of the boxes he checked but also because of his voice. He was good throughout the competition, but last week when it was the top five competing for the final three, he sucked and was clearly the worst and still got put into the top 3. Last night he was also the worst and won. I guess a fat Hawaiian gets to win even if he doesn’t deserve it.

FEINSTEIN AND SHREK

Here’s what everyone is missing and it’s not that both are brain dead. And I didn’t know until tonight that not only did Feinstein have shingles but she also has encephalitis, an inflammation of the brain! But here’s what they are all missing. In the senate because of the narrow Dem majority, committees are divided with a one person majority in favor of the Dems. Thus if either of these two vegetables are replaced then their replacements would have to get voted on to their committees. And as I’ve previously ranted about that would require a senate vote which the republicans could block because the Dems don’t have the votes to get by the 60 votes to move the vote forward. So replacing them would give the Republicans the ability to stop anything from any committee that they are now on from going forward. Obviously the Judiciary Committee that Feinstein is on is the most important because republicans could prevent all of Magoo’s judicial nominees from ever seeing the light of day. And I don’t know what other committees they are on, but Republicans could prevent any legislation that they don’t like from ever getting out of committee. That’s why they continue to keep weekend at Bernie’s senators from being replaced.

BTW in case you forgot, committee members are usually confirmed by a unanimous vote at the beginning of the session. However if any single senator objects then the person objected to must survive a full senate vote that would require a 60 vote majority to get to the floor.