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July 2015

Posted by William A. Jacobson on July 14, 2015 29 Comments
I can't recall an event since I started this website in 2008 that has been as historically consequential as the nuclear deal the United States and five other countries just struck with Iran. It is the sweep of history. The deal is Obama's deal. He drove it, he crafted it with John Kerry as the scrivener, and he pulled the other powers along with it. The defects in the Iran nuclear deal are being exposed in great detail. Those problems are serious and real. But what has troubled me the most as I read through the varied technical analyses is the same thing that has bothered me since June 2009, when the Iranian people rose up against the Mullah regime after fraudulent elections. Obama was silent for weeks in the face of brutal regime oppression and repression, and then structured a response designed to keep the Mullahs in power. [Video of the Rooftop Revolution in Tehran, June 9, 2009] I wrote about it at the time, Negotiations Preconditioned On Mullah Rule:

Posted by Kemberlee Kaye on July 14, 2015 10 Comments
Texas Entrepreneurs are celebrating a recent state Supreme Court decision. The decision involved Texas Occupational licenses. "Texas Department of Licensing and Regulation (TDLR) violated the state constitution when it ordered eyebrow threaders—who practice a traditional South Asian method of using only cotton thread to remove eyebrow hair— to stop working unless they obtained 750 hours of conventional cosmetology training and passed two licensing exams," said a release. The release from the Institute for Justice continued:
Today, Texas entrepreneurs celebrated as a landmark Texas Supreme Court decision became final following the passing of the deadline for the government to seek further review. This means countless entrepreneurs, like Ash Patel, can go back to work after having to shut down their businesses for nearly six years. The sweeping decision will have huge implications not just for all Texans, but for entrepreneurs across the U.S., and means Texas occupational licensing laws now face real scrutiny. In late June, the Texas Supreme Court ruled 6-3 that the Texas Department of Licensing and Regulation (TDLR) violated the state constitution when it ordered eyebrow threaders—who practice a traditional South Asian method of using only cotton thread to remove eyebrow hair— to stop working unless they obtained 750 hours of conventional cosmetology training and passed two licensing exams. Not a minute of the training or a single question on the exams was devoted to eyebrow threading.

Posted by Kemberlee Kaye on July 14, 2015 18 Comments
Last week, we took a look at an insurance notification received by a church in Oregon. National Review's David French originally reported the story.
Those fearful Obergefell v. Hodges could spell trouble for religious liberty were validated much sooner than anticipated. Less than 48 hours after the decision was handed down, New York Times columnist Mark Oppenheimer called for the end of tax exemptions for religious institutions. And the piecemeal dismemberment on religious liberties continues. Now infamous for their intolerance of Christianity, Oregon continues to be ground zero for the Biblical Principles vs. Ideological Fascism showdown. National Review’s David French explains an emerging problem for Oregonian pastors seeking liability insurance.

Posted by Amy Miller on July 14, 2015 9 Comments
Since the Supreme Court handed down its landmark Hobby Lobby decision last year, lawyers and activists on both sides of the Obamacare contraception mandate have been trying to outmaneuver each other on the technicalities of exemptions. Four appeals courts have ruled in favor of the government mandate, but until this week, one case served as both a holdout for religious freedom, and a thorn in the Obama Administration's side. The Little Sisters of the Poor, an order of Roman Catholic nuns, were granted a temporary exemption from the mandate by the Supreme Court last year. They then went before the 10th Circuit Court of Appeals in an attempt to extend that protection, but were denied. Today, the 10th Circuit upheld that ruling, saying that compliance requirements “do not substantially burden plaintiffs’ religious exercise or violate the plaintiffs’ First Amendment rights.” Now, the Little Sisters are faced with either complying with the mandate, or paying massive IRS penalties. Via The Hill:
Under the contraceptive mandate, nonprofit religious groups like Little Sisters of the Poor are permitted to opt out of the requirement if they report their concerns to their insurance companies or the federal government. But that group and others have objected to any extra steps to obtain the exemption. Instead, they are seeking the same treatment as houses of worship, which are not required to fill out additional paperwork in order to avoid fines under the law.

Posted by Amy Miller on July 14, 2015 24 Comments
Yesterday, Secretary of Defense Ashton Carter announced that he is taking steps to reverse a longstanding ban on open military service by transgender people. Carter said that he has asked a panel of senior Pentagon officials to study the affect transgender service members will have on military procedure, as well as what it will take to adapt current procedures to accommodate the new policy. More via CNN:
Carter made the announcement in a memo outlining a pair of directives to both study the effect of transgender service men and women over the next sixth months, as well as adding the new protocol that any personnel diagnosed with gender dysphoria or who identify as transgender will have their paperwork for dismissal from the military reviewed at the highest personnel levels in DOD. "At a time when our troops have learned from experience that the most important qualification for service members should be whether they're able and willing to do their job, our officers and enlisted personnel are faced with certain rules that tell them the opposite," Carter wrote in his statement. "Moreover, we have transgender soldiers, sailors, airmen, and Marines - real, patriotic Americans - who I know are being hurt by an outdated, confusing, inconsistent approach that's contrary to our value of service and individual merit."
Get prepared for a blitz, because the mainstream media is excited:

Posted by Amy Miller on July 14, 2015 35 Comments
In case you haven't vomited today. Pro-life undercover group Center for Medical Progress has released a new sting video showing Planned Parenthood Federation of America's Senior Director of Medical Services, Dr. Deborah Nucatola, describing in excruciating detail how she sometimes performs illegal late-term abortions while retrieving fetal body parts. You're not having a nightmare---this is real. From LifeNews:
The buyers ask Nucatola, “How much of a difference can that actually make, if you know kind of what’s expected, or what we need?” “It makes a huge difference,” Nucatola replies. “I’d say a lot of people want liver. And for that reason, most providers will do this case under ultrasound guidance, so they’ll know where they’re putting their forceps. The kind of rate-limiting step of the procedure is calvarium. Calvarium—the head—is basically the biggest part.” Nucatola explains, “We’ve been very good at getting heart, lung, liver, because we know that, so I’m not gonna crush that part, I’m gonna basically crush below, I’m gonna crush above, and I’m gonna see if I can get it all intact.” “And with the calvarium, in general, some people will actually try to change the presentation so that it’s not vertex,” she continues. “So if you do it starting from the breech presentation, there’s dilation that happens as the case goes on, and often, the last step, you can evacuate an intact calvarium at the end.”
Watch:

Posted by Amy Miller on July 14, 2015 23 Comments
This morning, news broke confirming what conservatives have been dreading for weeks---Obama finally got his bad Iran deal, and is now threatening to veto any action by Congress that would derail it. Iran is, of course, celebrating: Israel, on the other hand, is predictably and justifiably furious about the west's capitulation. PM Netanyahu's tweets speak for themselves:

Posted by Andrew Branca on July 14, 2015 18 Comments
It’s hard to believe, but this week marks the two-year anniversary of the acquittal of George Zimmerman, on trial for second degree murder and other charges in the killing of Trayvon Martin. You can read more about it at Unexpected thanks to Legal Insurrection on 2nd Anniversary of Zimmerman Acquittal. It is timely, then, that just last week the Florida Supreme Court handed down a major decision on the state's self-defense immunity law, § 776.032 Immunity from criminal prosecution and civil action for justifiable use of force, in the case of Bretherick v. State, 2015 Fla. LEXIS 1470 (FL Supreme Court 2015). Florida's self-defense immunity statute was passed by the legislature and signed by the Governor without containing any indication as to how it should be implemented by the courts; before Bretherick, it was not clear which party was meant to bear the burden of proof with regards to requests for self-defense immunity. Now, because of this ruling, we know that it is the defendant who bears the burden of proof (by a preponderance of the evidence) at the pretrial evidentiary hearing. Indeed, Bretherick is not the first time the Florida Supreme Court has had to tackle self-defense immunity procedures, with their last major effort taking place five years ago in the decision of Dennis v. State, 51 So.3d 456 (FL Supreme Court 2010).

Posted by Mike LaChance on July 14, 2015 11 Comments
Scott Walker announced his run for president yesterday in a speech that was well received by many on the right. Yet before he even announced, some pundits were calling him the front runner. On the FOX News program Political Insiders, analysts Doug Schoen, Pat Caddell and John Leboutillier cited a Real Clear Politics poll which puts Walker way ahead of the other candidates in Iowa. Leboutillier notes that Walker understands the mechanics of a primary and the metrics associated with political advertising. Caddell suggests that Walker's message is compelling, his victory over big unions is very compelling for Republican voters, and that he shouldn't be underestimated. They also address the ascendancy of Trump in the polls, but suggest things will shift once the Republican debates begin. Watch the whole segment below:

Posted by William A. Jacobson on July 14, 2015 32 Comments
The Obama administration with the help of the so-called P5+1 has reached a nuclear deal with Iran. Not all the details will be made public, but those that have been made public make a mockery of the promises of full, unfettered inspections, sanctions relief based on Iranian performance, and quick "snap back" of sanctions for violation.

Posted by William A. Jacobson on July 13, 2015 10 Comments
At this point, the Obama administration silence on the murder of Kate Steinle by an illegal immigrant with a long criminal record who had been deported five times is even more deafening. They just don't care. Kate Steinle isn't important to Obama. Because there's no political gain in Obama's base on this issue, or the issue of sanctuary cities. http://www.nydailynews.com/news/national/kate-steinle-killed-felon-san-francisco-laid-rest-article-1.2287802 Sad. Pathetic, actually. Kate's brother spoke out on The Kelly File tonight:

Posted by Kemberlee Kaye on July 13, 2015 20 Comments
Sometimes publicly threatening to "kick someone's ass" elicits a nasty response. Twitter seems to be Donald Trump's favorite weapon of choice. In his latest social media tear, Trump targeted Mexican drug lord, 'El Chapo.'

Posted by Kemberlee Kaye on July 13, 2015 6 Comments
Last week, Wisconsin Governor Scott Walker used Instagram and Twitter to tease his plans for a run at the presidency. He has a slick digital game, but did that polish translate as Candidate Walker steps into the spotlight? Monday at 5:00 p.m. CST, Scott Walker took the stage in Waukesha, Wisconsin and formally announced his campaign for president. If you missed the announcement live, you can watch it here:

Posted by William A. Jacobson on July 13, 2015 40 Comments
Has it really been two years since the jury acquitted George Zimmerman in the Trayvon Martin case? Those of you who have been with us for over two years will recall our exhaustive coverage of the case, long before the trial. Andrew Branca's daily trial coverage was superb, the best out there by far. Andrew established himself as the authority on Stand Your Ground and the law of self-defense. We had hundreds of posts, so it's impossible to summarize them. You can scroll through the Trayvon Martin (including my coverage of the race issues) and Zimmerman Trial tags for pre-trial and trial coverage, and the George Zimmerman tag for all that has followed in George's life. The verdict came as a shock only to people who had not followed our coverage: Here is a screenshot of our post of the verdict:

Posted by William A. Jacobson on July 13, 2015 23 Comments
She said she's not running. Ready for Warren and MoveOn.org have gone to spend the Weekend at Bernie Sanders, the stand-in for who progressives really want, Elizabeth Warren. Bernie!? Really? Is an open Socialist really going to stand a chance in a general election? And weakness in the Hillary campaign may be just what is needed for the Democratic Party to grovel for a Warren entry, writes Doug Shoen, The potentially mortal threat to Hillary’s candidacy:
Pundits have focused recently on Hillary Clinton’s narrowing lead in polls among a group of less well known Republicans, along with voters' growing skepticism about her integrity. But a much more immediate threat to her electability is beginning to appear: in the last few weeks, Clinton has lost significant ground in both New Hampshire and Iowa to socialist Bernie Sanders....
But Sanders isn't a viable national candidate, so who will Democrats turn to if Hillary continues to falter? Schoen sees the need for a new Bobby Kennedy. Who’s the Bobby Kennedy in this race? Elizabeth Warren, say Schoen.

Posted by Amy Miller on July 13, 2015 16 Comments
After 22 hours of fierce negotiating, the Eurozone summit has come up with a deal that will keep Greece in the Eurozone in exchange for both budget cuts and tax hikes. For those who oppose austerity and "euro"centric economics, the deal is a huge blow. Europe has agreed to advance Greece 10 billion Euros to help the flailing country pay down it's 3.5 billion euro debt to the IMF. Greece will also receive around 77 billion dollars in aid over three years in part to help strengthen it's banking system. European officials will also review Greece's total debt, but will not (!) reduce the amount to be paid back. In return, Greek officials have agreed to a line of policy changes that include cuts to pensions and an increase in the sales tax, with the goal of increasing the budget surplus. They must also make steps to privatize much of the economy, which will (hopefully) increase competition in local markets, and contribute 50 billion euros worth of privatized assets into a fund that will be used to help Greece pay off its debt. In short, it's an activist's worst nightmare. More via the Wall Street Journal:

Posted by Mike LaChance on July 13, 2015 32 Comments
Now that the Supreme Court decision on gay marriage has been made, liberals have set their sights on destroying the language used to describe traditional marriages. Pete Kasperowicz of the Washington Examiner reports:
Dems declare war on words 'husband,' 'wife' More than two dozen Democrats have proposed legislation that would eliminate the words "husband" and "wife" from federal law. Those "gendered terms" would be replaced by "gender-neutral" words like "spouse" or "married couple," according to the bill from Rep. Lois Capps, D-Calif. "The Amend the Code for Marriage Equality Act recognizes that the words in our laws have meaning and can continue to reflect prejudice and discrimination even when rendered null by our highest courts," Capps said. "Our values as a country are reflected in our laws. I authored this bill because it is imperative that our federal code reflect the equality of all marriages." The Supreme Court ruled in June that the 14th Amendment to the Constitution means all states have to license same-sex marriages, a ruling that effectively ended the same-sex marriage debate in America. Capps said her bill was aimed at taking the next step, which is to ensure the United States Code "reflects the equality of all marriages."

Posted by Amy Miller on July 13, 2015 18 Comments
This weekend, the most dangerous drug cartel leader in the world escaped from one of Mexico's most secure prison facilities...for the second time. Named "Public Enemy #1" by the Chicago Crime Commission, Joaquin "El Chapo" Guzman has earned his reputation. He is the leader and kingpin of the infamous Sinaloa drug cartel, which specializes in the trafficking of heroin and cocaine. This is the second time El Chapo has managed to escape a Mexican maximum security prison. In 2001, Guzman escaped another facility while serving a 20 year sentence for drug trafficking. El Chapo managed to escape the Altiplano prison via a tunnel that connected the outside world to the shower in his cell. The tunnel stretched for a mile, and was allegedly built and equipped with lighting, ventilation, and a motorcycle without raising any flags with local authorities. More via Fox News:
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