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June 2016

Last month, I wrote about Harry Reid's statement that he is "fairly certain" the Democrats will retake the Senate this year, and as I noted, it is a very real possibility given a number of factors.  The Democrats need win only five seats to retake the Senate (four if Hillary wins the WH), the Republicans are defending 24 seats to the Democrats' 10, and many of the states in play—Florida, Wisconsin, Illinois, New Hampshire—went to Obama in both 2008 and 2012. As we consider and discuss the importance of the Supreme Court and who will be nominating the next Justice who will replace Justice Scalia—and potentially two (or more) others—during his or her term, it may be a good idea to think about the Senate races across the country and to do what we can to ensure that the Senate is not lost to Democrats. No matter who wins the general and nominates the next Justice/s, the Senate is still the body that confirms a presidential nomination to the Court.  A Democrat-controlled Senate, I think we can all agree, would be a disaster on many levels, but particularly so in light of the upcoming Supreme Court nominee/s.

As we've documented countless times at College Insurrection, many students in America today have a flawed understanding of free speech and other Constitutional subjects. There once was a time when it was safe to assume students were taught about the Constitution and America's other founding documents, but the behavior on many campuses today suggests that's no longer happening. South Carolina just passed a new law to remedy this situation. The Daily Signal reports:
This New Law Ensures South Carolina Students Will Study the Founding Documents Gov. Nikki Haley, a Republican, signed a South Carolina House bill into law that implements the study of U.S. founding documents into the state’s public high schools.

I have been following the antics of 17 state attorney generals who formed (AGs United for Clean Power), which intends to promote the progressive climate change agenda by targeting the fossil fuel industry using racketeering statutes. Recently, thirteen Republican members of the Science, Space, and Technology Committee Republicans sent letters to 17 state attorneys general and eight environmental groups requesting documents related to the groups’ coordinated efforts to deprive companies, nonprofit organizations, scientists and scholars of their First Amendment rights and their ability to fund and conduct scientific research free from intimidation and threats of prosecution. Now, a coalition of Republican AGs, headed up by Alabama's top cop, Luther Strange, issued a letter promising retaliation in kind, directed at "AGs for Clean Power. Call this rebuke fighting fire with fire!

The state of Rio, not the city, continues to topple as the governor declared a "state of public calamity" only 50 days before the 2016 Summer Olympics kick off. The state spent over $2.8 billion alone "on a 10-mile extension to Rio’s subway to link a series of wealthy beachside neighborhoods in time for the Olympics." But now they cannot afford to pay for public expenses. Maybe they shouldn't rely on the government for everything? But I digress. From The Wall Street Journal:
By declaring a state of calamity, interim Gov. Francisco Dornelles authorized his subordinates to adopt “exceptional measures necessary for the rationalization of essential public services” to meet Rio’s commitments for the 2016 Olympic and Paralympic Games. The move further allows the government to skip the bidding process to hire some contractors and loosens minimum spending requirements on mandatory items like education and health care. An official in Brazil’s Finance Ministry said the decree would also enable Rio to obtain federal resources more quickly.

Hillary Clinton: the patriotic choice for president? That seems the implication of Chuck Todd's challenge to Paul Ryan in an interview aired on today's Meet The Press. When Ryan told Todd that as Speaker of the House, he was supporting Trump, Todd retorted: "you just made a case though for party over country." How absurd! As Ryan rightly went on to explain to Todd, "No I didn't! I know Hillary Clinton won't agree with anything we want to do. She'll put a bad judge on the Supreme Court. She won't agree with any of the conservative reforms we're trying to do." But in the mind of Chuck Todd and others in the MSM, supporting the Dem candidate isn't merely preferable, it's the only decent, American thing to do!

As Legal Insurrection readers know, my recent trip to Israel was intended to give me a chance to meet and help document the stories of the victims of the recent so-called Knife or Stabbing Intifada, such as the family of Yaakov Don. Because my trip was cut short from two weeks to three days due to a family health emergency, I didn't get to meet any of the victims or their families. I also intended to document the victims of past terrorism, as I did in 2015 when I met with a survivor of the 1971 rocket attack on a school bus at Moshav Avivim, and the families of Edward Joffe and Leon Kanner, killed in the 1969 supermarket bombing masterminded by Rasmea Odeh. In particular, I planned on focusing on the Ma'alot Massacre, the May 1974 takeover of a school in the northern Israeli town of Ma'alot by Palestinian terrorists who infiltrated from Lebanon. Of the over 100 hostages, 25 were killed including 22 students.

An Egyptian court has sentenced two al-Jazeera journalists to death for allegedly providing Qatar with state secrets. The court gave former President Mohammed Morsi 40 years prison for "leading an unlawful organisation." The new government banned Morsi's Muslim Brotherhood after they deposed him in 2013. Amin el-Sirafy, Morsi's secretary, and his daughter Karima also received 25 years in prison and added 15 more years to the sentence. The court also sentenced four other people to death. From Fox News:
The two Al-Jazeera employees -- identified by the judge as news producer Alaa Omar Mohammed and news editor Ibrahim Mohammed Hilal -- were sentenced in absentia along with Asmaa al-Khateib, who worked for Rasd, a media network widely suspected of links to Morsi's Muslim Brotherhood. The Brotherhood was banned and declared a terrorist group after Morsi's ouster. The three other defendants sentenced to death Saturday are documentary producer Ahmed Afify, EgyptAir cabin crew member Mohammed Keilany and academic Ahmed Ismail.

ILYA SOMIN is Professor of Law at George Mason University School of Law. He is a regular contributor for the Washington Post’s Volokh Conspiracy blog and is the author or co-author of several books, including The Grasping Hand: "Kelo v. City of New London” and the Limits of Eminent Domain. Professor Somin has recently released a second edition of his 2013 book, Democracy and Political Ignorance: Why Smaller Government Is Smarter, which he will discuss with us today. WILLIAM S. KING is an independent scholar and commercial driver specializing in the transport of oversized industrial materials. He is the author of the award-winning To Raise Up a Nation: John Brown, Frederick Douglass, and the Making of a Free Country. His new book is titled Till the Dark Angel Comes: Abolitionism and the Road to the Second American Revolution.

Over fifty members of the Obama administration have signed a memo urging the president to take a more aggressive approach to Syria. The signers, who are all diplomats, recommend an increase in airstrikes. The New York Times reports:
51 U.S. Diplomats Urge Strikes Against Assad in Syria More than 50 State Department diplomats have signed an internal memo sharply critical of the Obama administration’s policy in Syria, urging the United States to carry out military strikes against the government of President Bashar al-Assad to stop its persistent violations of a cease-fire in the country’s five-year-old civil war.

The Rhode Island legislature has joined numerous other states in passing legislation prohibiting the state and its subdivisions from contracting with entities involved in discriminatory boycotts, which would cover the Boycott, Divestment and Sanctions (BDS) movement. Signature by the Governor is expected. The recognition that boycotts based on religion and national origin are discriminatory is a prime focus of such legislation. There is no doubt that Israel is singled out because it is majority Jewish and that Israelis are singled out because of national origin. Such boycott anti-discrimination laws have been on the books for decades in New York and California. The New York law caused the GreenStar Food Coop in Ithaca to reject a BDS resolution, and the California law forced the BDS-compliant American Studies Association to abandon its annual meeting policy of excluding representatives or officials of Israeli universities. The key component of the legislation passed by the RI House of Representatives provides:

The reader may remember NY Daily News reporter, Gersh Kuntzman, and his harrowing tale of the AR-15 that bruised his shoulder and gave him PTSD. After his article was published, the gun shop that accommodated his request was, "disgusted" and has mounted an effort to have Kuntzman's article taken down. "We acknowledged his offer so that we could prove that an AR-15 is indeed a great and safe weapon as stated in the video," Frank's Gun Shop Double Tap Shooting Range posted to their Facebook page, "To our knowledge we did not know that Mr. Kuntzman would completely turn things around and make our establishment look like one of anti-gun advocates."

You may remember a story we wrote about back in 2013 which detailed the school suspension of a 7 year old boy for biting a Pop-Tart into the shape of a gun. We also covered his first appeal, which he lost. Now a judge has upheld the suspension. Reason reports:
Judge Upholds Suspension of the Pop-Tart Gun Kid Remember the Pop-Tart gun kid? He was 7 years old when he was suspended for chewing his breakfast (not actually a Pop-Tart, as it turned out) into the shape of a weapon and pretending to fire it at his classmates. Now he's 11, and Anne Arundel County Circuit Court Judge Ronald A. Silkworth just upheld his suspension.

I've changed my profile pic. For the first time since Legal Insurrection was founded on October 12, 2008. It's part of a new attitude. Hopefully it will last. In other news, I'm *almost* out of the woods on family health issues which have stressed the hell out of me the past few months and particularly the past few weeks. Assuming no further downturns, I should be *back* by the end of the month. Go ahead, sing it: Recently, we welcomed Mary Chastain and Mark Finkelstein to Legal Insurrection.

Despite of the evil that overrides the headlines, there is still good in this world. Meet Greg Zanis, a man from Illinois who built and delivered 49 white, wooden crosses for the victims of the Orlando terrorist attack. ABC News reported:
Greg Zanis built 49 wooden crosses then drove 1,200 miles from Illinois to Florida to place them outside the Orlando Health Medical Center. "My message today is love your brother, love your neighbor. Don’t judge ‘em." Zanis says he plans to pass along the messages people write on the crosses to the victims’ families.

The ISIS-inspired terror attack in Florida has impacted the entire nation. From the American political outback called California, one of the most unexpected responses came from West Hollywood. The community woke up to find images of posters of "Gay Pride" flag (designed with a new, conservative twist) plastered along the streets.
Stickers and posters featuring a rainbow-colored version of the Gadsden flag and the hashtag #ShootBack were raising eyebrows in West Hollywood on Thursday morning in the wake of the massacre at a gay nightclub in Florida. The signage was affixed to electric boxes, light poles, trash cans and other fixtures near West Hollywood City Hall, the Pacific Design Center and along Santa Monica Boulevard. Several were hung near the Abbey Food & Bar, a well-known gay lounge. The posters featured a coiled, striking rattlesnake, similar to the yellow Gadsden flag that reads “Don’t Tread On Me” and often is used by the Tea Party movement. The West Hollywood signs were rainbow-colored, like the gay pride flag.
Welcome to the Tea Party, home of constitutionally inspired activism since 2009!