Episode 564 – You Can’t Win Them All

The Supreme Court releases more rulings.

California shows how immoral they are…again.

And how is Joe Biden not being investigated and impeached?

 

More Rulings

The Supreme Court released two more rulings. One is very good, the other, not so much, but expected.

 

Biden’s Victory

Biden does get a victory of sorts. According to the Supreme Court, the Remain in Mexico policy developed under the Trump administration can be ended by the Department of Homeland Security.

According to Fox News:

The Supreme Court ruled Thursday in a 5-4 decision that the Biden administration can repeal the Trump administration’s Migrant Protection Protocols, commonly known as the “Remain in Mexico” policy, reversing a lower court ruling.

Under that policy, migrants seeking entry into the U.S. had to stay in Mexico as they awaited hearings. The Trump administration put the policy in place so that migrants would not be released into the U.S. The Biden administration had tried to repeal the policy but was previously blocked by a lower court. At issue was whether the Department of Homeland Security’s suspension and subsequent termination of the policy violated a federal law that requires that migrants be detained or, if they arrived from a contiguous country, sent back.

This is not a shocker. This is what happens when you have an impotent Congress. This should have been put into law and not made by Executive order. The Department of Homeland Security was given the discretion to determine whether to send people back to Mexico or not. The big problem with the rule is that many of the people they were sending back to Mexico were not Mexican. This did put an undo burden on Mexico.

I know the argument that Mexico is allowing people through their country, therefore we shouldn’t care. I also know that this policy was negotiated by the Trump administration. But that stuff is irrelevant to the court. The question is can DHS end the policy.

Fox News continues:

The court argued that the Return to Mexico policy “applies exclusively to non-Mexican nationals who have arrived at ports of entry that are located ‘in the United States,'” and that therefore the Executive Branch “cannot unilaterally return these migrants to Mexico.” Roberts cited a Biden administration claim that the policy has negatively impacted other areas of relations with Mexico.

“Yet under the Court of Appeals’ interpretation, section 1225(b)(2)(C) authorized the District Court to force the Executive to the bargaining table with Mexico, over a policy that both countries wish to terminate, and to supervise its continuing negotiations with Mexico to ensure that they are conducted ‘in good faith,’” Roberts wrote. “That stark consequence confirms our conclusion that Congress did not intend section 1225(b)(2)(C) to tie the hands of the Executive in this manner.”

The court also noted that Congress gave the Department of Homeland Security the discretion to utilize a third option for migrants, which is parole.

This is the problem with our current system and we need to make an amendment to the Constitution that says bureaucracies cannot create law. They are not there to do Congress’ job.

Unfortunately, this power was given to DHS by the Trump administration so it’s hard to see how DHS can’t do this.

Fox News continues:

“Every administration, including the Trump and Biden administrations, has utilized this authority to some extent,” the court said.

Justice Kavanaugh also referenced the parole option in a concurring opinion, stating that both parole and return “are legally permissible options,” meaning that the Return to Mexico policy is not mandatory.

I’m not thrilled with this ruling but, unfortunately, I think it’s correct. I think the remain in Mexico policy is good policy because it discourages illegal immigration but the bureaucracy that was given the power to implement it should also have the power to end it.

There were two dissenting opinions. The first is from Amy Coney Barrett. Fox News reports:

Justice Barrett, in a dissenting opinion, said she agreed with the majority’s view of the relevant immigration law, but believed that the court’s opinion in a separate case issued two weeks ago impacted the issue of whether lower courts had the jurisdiction to hear the case in the first place. Instead of ruling on the case, she argued, the Supreme Court should have sent the case back down for the lower court to consider the recent decision.

“I agree with the Court’s analysis of the merits—but not with its decision to reach them,” Barrett wrote.

This is the thing that judges do when they don’t want to deal with a decision. She knows that the majority is correct but she doesn’t want to join them. She just wants to kick the can down the road and deal with it later.

The Conservative justices were a little bit more aggressive with the law.

Fox News continues:

In a more contentious dissent, Justice Samuel Alito – joined by Justices Clarence Thomas and Neil Gorsuch – argued that the government does not have the authority to release migrants into the U.S. if it is believed that they are not eligible for admission.

Justice Alito wrote the dissent. He said:

“When it appears that one of these aliens is not admissible, may the Government simply release the alien in this country and hope that the alien will show up for the hearing at which his or her entitlement to remain will be decided? Congress has provided a clear answer to that question, and the answer is no. 

“Due to the huge numbers of aliens who attempt to enter illegally from Mexico, DHS does not have the capacity to detain all inadmissible aliens encountered at the border, and no one suggests that DHS must do the impossible. But rather than avail itself of Congress’s clear statutory alternative to return inadmissible aliens to Mexico while they await proceedings in this country, DHS has concluded that it may forgo that option altogether and instead simply release into this country untold numbers of aliens who are very likely to be removed if they show up for their removal hearings.

“This practice,” Alito continued, “violates the clear terms of the law, but the Court looks the other way.”

They’re right but that does not answer the underlying question. Even in his dissent, he stated the majority is right.

So, be prepared for more illegal aliens to be released into the country.

 

Great Decision

At least there was one good decision released today and it deals a serious blow to the Environmental Protection Agency which should make all of us happy.

According to Fox News:

The Supreme Court dealt a significant blow to the Biden administration’s climate change agenda, ruling Thursday that the Environmental Protection Agency cannot pass sweeping regulations that could overhaul entire industries without additional congressional approval.

The 6-3 decision limits how far the executive branch can go in forcing new environmental regulations on its own.

“Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible ‘solution to the crisis of the day,’ But it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme in Section 111(d),” Chief Justice John Roberts said in the Court’s opinion, referencing Section 111 of the Clean Air Act. “A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body.”

The case stemmed from the Obama administration’s 2015 Clean Power Plan which aimed to reduce carbon emissions at power plants by pushing a shift from coal, to natural gas, and ultimately to wind and solar energy. The plan was put on hold by the Supreme Court in 2016, and then repealed by the Trump administration and replaced by the less extreme Affordable Clean Energy (ACE) Rule. 

This is a great ruling because it takes power away from bureaucracy and puts the onus on Congress. Bureaucracies like the EPA have way too much power and are creating laws willy-nilly.

We need a Constitutional amendment that puts all bureaucracies on notice. All should be temporary and made to justify their existence. The EPA, DHS and others should never be creating laws. That’s Congress’ job. But Congress has gotten lazy and have gotten into the habit of delegating their job to these bureaucracies.

 

This is Not an Issue?

We had a President that was impeached twice for no real reason except that Leftist politicians didn’t like him. But the second we have a President that is so obviously corrupt, we just ignore it and call it Russian disinformation or whatever.

Hunter’s laptop keeps giving Joe headaches. a file was found of a voicemail from Joe Biden telling Hunter that he didn’t have to worry about all the money he had been taking from China. An article from the New York Times was being released exonerating Hunter from any wrongdoing. Old Joe got a copy of the article before it was released. He called Hunter with the good news. Here’s what it sounded like.

This is disgusting in so many ways:

  • It shows that Hunter has been collecting money from China. We knew this but this shows he knew it.
  • Joe Biden knew about it and, now, it makes all those payments he has been getting seem more legitimate.
  • It looks like the New York Times was in on it and was covering for Hunter and Joe Biden. Would they have released this article early to Trump?
  • Hunter needs to learn not to save everything on his laptop.

But that’s not it.

Apparently, Joe Biden lent Hunter $200,000. Why? Hunter owed $10,000 to an escort service. Now, it is not known whether Joe knew about Hunter’s debt but that’s what Hunter needed the money. How do we know? That laptop from Hell had all the transactions. But the big file found was the video file of Hunter arguing with the Russian prostitute about the $10,000 he owed. Listen:

This guy is such a piece of shit. The level of self-centeredness and arrogance is incredible. This is a 52-year-old man but he acts like a child. His immaturity is going to end up taking down his father when Republicans take over next year.

https://nypost.com/2022/06/27/voicemail-shows-joe-biden-knew-of-hunters-china-dealings-report/
https://www.dailymail.co.uk/news/article-10938637/Voicemail-Joe-Biden-Hunter-proves-president-DID-speak-Chinese-business-dealings.html
https://www.washingtonexaminer.com/news/white-house/hunter-biden-russian-escorts-joe-payments

 

Someone Needs to Go to Jail

According to the Wall Street Journal:

California Attorney General Rob Bonta released a trove of data on firearms in America’s most populous state to the public Monday in what he said was an effort to improve transparency on the fraught topic.

The next day, the Democrat’s office took down the online dashboard after discovering it had resulted in a data breach in which the personal information of the state’s concealed-carry weapon permit holders was also shared.

Among the information that could be downloaded were the names, ages, and addresses of gun permit holders, the attorney general’s office said in a statement Tuesday. It didn’t disclose how many people may have been affected.

People who are affected include judges, prosecutors, police officers, domestic violence victims and legal gun owners. Information that was released includes names, dates of birth, addresses and gun serial numbers.

Bonta said:

“This unauthorized release of personal information is unacceptable and falls far short of my expectations for this department. We acknowledge the stress this may cause those individuals whose information was exposed. I am deeply disturbed and angered.”

Bullshit. This guy needs to be fired and anyone who posted that crap needs to be prosecuted.

This was done 7 days after the Supreme Court ruling on gun permits last week. The attorney general said it was an accident but does this sound like an accident? The timing is a little weird and isn’t this how the Left deals with their enemies? They dox them?

 

https://www.wsj.com/articles/california-takes-down-firearms-dashboard-after-gun-owner-data-are-leaked-11656535100
https://www.foxnews.com/politics/gun-rights-group-california-ags-reported-leak-firearm-owners-data-he-should-resign

 

This Is the Civil War

According to the Daily Wire:

Amazon employees of “all genders” are requesting time off to mourn the end of Roe v. Wade and demanding that the company cease operations in pro-life states.

These employees wrote a letter signed by hundreds of employees. Here’s the letter:

You know what I’d do? Say, “Get back to work or lose your job.”

Of course Amazon is a left wing organization so we’ll see what they do. As of now, they have only supported giving money to employees to go to places where there are abortions.

https://www.dailywire.com/news/amazon-employees-of-all-genders-beg-management-to-stop-doing-business-in-pro-life-states-make-other-extreme-demands