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Author: Kemberlee Kaye

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Kemberlee Kaye

Kemberlee Kaye is the Senior Contributing Editor of Legal Insurrection, where she has worked since 2014 and is the Director of Operations and Editorial Development for the Legal Insurrection Foundation. She also serves as the Managing Editor for CriticalRace.org, a research project of the Legal Insurrection Foundation.

She has a background working in immigration law, and as a grassroots organizer, digital media strategist, campaign lackey, and muckraker. Over the years Kemberlee has worked with FreedomWorks, Americans for Prosperity, James O'Keefe's Project Veritas, and US Senate re-election campaigns, among others. 

Kemberlee, her daughter, and her son live a lovely taco-filled life in their native Texas.

You can reach her anytime via email at kk @ legalinsurrection.com.

Even the Free-Market Jesus Paradise has regulatory issues once in a while. Wednesday, three Texan craft breweries joined with the Institute for Justice to file suit against the state of Texas and specifically, the Texas Alcoholic Beverage Commission. Passed in 2013, Senate Bill 639 faces a Constitutional challenge because it, "strips breweries of their traditional right to sell their distribution rights and instead forces them to surrender those rights to distributors without compensation," according to the Institute for Justice. “It is unconstitutional for Texas to force brewers to give distributors property that they never earned and don’t deserve,” said Matt Miller, managing attorney for the Institute for Justice's Texas office. More specifically, the plaintiffs claim:
Texas cannot force them to give away their territorial rights—a part of their business—for free to distributors. They bring two claims: a takings claim under Article I, Section 17 of the Texas Constitution,[xii] which protects private property rights; and a substantive due process claim under Article I, Section 19 of the Texas Constitution, which protects economic liberty—the right to earn an honest living free from unreasonable government interference.
“For the last 18 years, I’ve poured my life into this business,” said Chip McElroy, president of Live Oak Brewing. “I’m proud to have been part of the Texas craft beer Renaissance. When Texas passed this law, not only did it give away part of what my employees and I built—it took my beer off the shelves in Dallas-Fort Worth, San Antonio and other parts of Texas where Live Oak beer would otherwise be available.”

Yeah, they went there. "The killings of Michael Brown and Treyvon Martin clearly shows that we don't live in a post-racial society as many expected when you were elected," Ramos says. Obama chuckled, "Well, I didn't expect that. You probably didn't either." "But many people expected you to do more on race relations, dealing with white privilege. Do you get angry with this? Is it your responsibility?" Then President Obama claimed Americans experience more equality now than before he took office, and also that Eric Holder was awesome. When Ramos pressed on saying, "but there's not really been a lot of improvement," Obama retorted, "The folks who say there's not a lot of improvement, I don't think were living in the 50's and remembering what it was like to be black or Hispanic and interacting with the police then." Take a look:

Fact Check:

Flashback to November 2, 2008. The Washington Post had this to say:

Had I not known Tomasky's piece in The Daily Beast was not in fact, parody, I'd have thought I was reading something straight from the annals of The Onion. Bereaved over Mary Landrieu's Louisiana Senate loss to Senator-elect Cassidy, Tomasky made the case (and I use that term loosely), that the Democrats should ditch Dixie (emphasis added to highlight adventitious hilarity):
I don’t remember a much sadder sight in domestic politics in my lifetime than that of Mary Landrieu schlumpfing around these last few weeks trying to save a Senate seat that was obviously lost. It was like witnessing the last two weeks of the life of a blind and toothless dog you knew the vet was just itching to destroy. I know that sounds mean about her, but I don’t intend it that way. She did what she could and had, as far as I know, an honorable career. I do, however, intend it to sound mean about the reactionary, prejudice-infested place she comes from. A toothless dog is a figure of sympathy. A vet who takes pleasure in gassing it is not. And that is what Louisiana, and almost the entire South, has become. The victims of the particular form of euthanasia it enforces with such glee are tolerance, compassion, civic decency, trans-racial community, the crucial secular values on which this country was founded… I could keep this list going. But I think you get the idea. Practically the whole region has rejected nearly everything that’s good about this country and has become just one big nuclear waste site of choleric, and extremely racialized, resentment. A fact made even sadder because on the whole they’re such nice people! (I truly mean that.) With Landrieu’s departure, the Democrats will have no more senators from the Deep South, and I say good. Forget about it. Forget about the whole fetid place. Write it off. Let the GOP have it and run it and turn it into Free-Market Jesus Paradise. The Democrats don’t need it anyway.
Gee, what electoral use could Democrats possible have for Florida, or Texas, or Virginia?

God bless Texas. Last year, the Lone Star State passed a bill that allows schools to say things like, "Merry Christmas" and "Happy Hanukah" without retribution. Co-authored by Dwayne Bohac (R-Houston) and Richard Raymond (D-Laredo), the bill, "allows students, parents, teachers and administrators the freedom to acknowledge these traditional winter holidays without fear of litigation or punishment and restores common sense by placing Supreme Court precedent into state law," according to the law's official website.
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Jonathan Gruber testifies before an unimpressed Congressional Oversight Committee...

The Military Times released what will be the first installment of several on the state of our military. Presidential indecision over whether to deploy to or withdraw from Iraq and Afghanistan has fostered an aura of uncertainty. An entire federal agency devoted to our veterans embroiled in scandal and negligence certainly doesn't send the signal that Washington cares about the fate of the brave. Morale is dwindling and unsurprisingly so:
Today, however, that gratitude seems to be dwindling. The services have weathered several years of deep cuts in funding and tens of thousands of troops have been unceremoniously given the boot. Many still in uniform and seeking to retire from the military fear the same fate, as those cuts are not yet complete. A Military Times survey of 2,300 active-duty troops found morale indicators on the decline in nearly every aspect of military life. Troops report significantly lower overall job satisfaction, diminished respect for their superiors, and a declining interest in re-enlistment now compared to just five years ago. Today's service members say they feel underpaid, under-equipped and under-appreciated, the survey data show. After 13 years of war, the all-volunteer military is entering an era fraught with uncertainty and a growing sense that the force has been left adrift. One trend to emerge from the annual Military Times survey is "that the mission mattered more to the military than to the civilian," said Peter Feaver, a political science professor at Duke University who studies the military. "For the civilian world, it might have been easier to psychologically move on and say, 'Well, we are cutting our losses.' But the military feels very differently. Those losses have names and faces attached to [them]."
Look at how dramatically morale has shifted in the last five years:

"To the Memory of the Gallant Men Here Entombed and their shipmates who gave their lives in action on 7 December 1941, on the U.S.S. Arizona." Those are the words etched in marble at the U.S.S. Arizona memorial. 73 years ago today, at 7:55 am (12:55 EST), the Imperial Japanese Navy unleashed what would be one of the deadliest attacks on American soil. More than 2,500 died and over 1,000 were wounded. The next day, America declared war on Japan. Fast forward to 1945 and the Japanese surrender. A Legal Insurrection reader sent a link to this video a few years ago:

Congress is under another tight funding deadline. Currently, the federal government is only funded until December 11. A spending bill must be passed by Thursday to avoid a government shutdown. Thursday, John Boehner held a vote that passed legislation rebuking President Obama's executive overreach on immigration. H.R. 5759 would've refused President Obama the authority to intervene in the deportation of illegal immigrants. Harry Reid indicated he will not bring the measure to the Senate floor for a vote in his last remaining days as Majority Leader. Republicans are in a precarious situation. Obama has said, through his spokesman, that he will not sign any bill that defunds his quasi-amnesty. But Government shutdowns are ripe with contention and not the way most congressional Republicans want to wrap up 2014, after what happened in October 2013. Boehner has said he'll do everything in his power to avoid a shutdown. Currently, Boenher's plan (or at least the plan made public) is to pass a bill that would fund the federal government for a year with the exception of one agency: The Department of Homeland Security, which oversees immigration. DHS would only be funded until March when Republicans have control of the Senate and are able to pass substantive reform.

We've been skeptical of Rolling Stone's recent and controversial story about a coed simply referred to as 'Jackie' who claimed to have been brutally gang raped at a University of Virginia frat party in 2012. Sabrina Ruben Erdely, the Rolling Stone reporter covering the UVA gang rape story, failed to contact the alleged attackers and corroborate Jackie's story. Any 'new information' Rolling Stone is referring to is simply the product of basic journalistic due diligence. In a reactionary response, and without first conducting an investigation of their own, UVA suspended all campus fraternities until January as a result of the Rolling Stone expose. Today, Rolling Stone posted the following note to readers (emphasis added):
To Our Readers: Last month, Rolling Stone published a story titled "A Rape on Campus" by Sabrina Rubin Erdely, which described a brutal gang rape of a woman named Jackie at a University of Virginia fraternity house; the university's failure to respond to this alleged assault – and the school's troubling history of indifference to many other instances of alleged sexual assaults. The story generated worldwide headlines and much soul-searching at UVA. University president Teresa Sullivan promised a full investigation and also to examine the way the school responds to sexual assault allegations. Because of the sensitive nature of Jackie's story, we decided to honor her request not to contact the man she claimed orchestrated the attack on her nor any of the men she claimed participated in the attack for fear of retaliation against her. In the months Erdely spent reporting the story, Jackie neither said nor did anything that made Erdely, or Rolling Stone's editors and fact-checkers, question Jackie's credibility. Her friends and rape activists on campus strongly supported Jackie's account. She had spoken of the assault in campus forums. We reached out to both the local branch and the national leadership of the fraternity where Jackie said she was attacked. They responded that they couldn't confirm or deny her story but had concerns about the evidence. In the face of new information, there now appear to be discrepancies in Jackie's account, and we have come to the conclusion that our trust in her was misplaced. We were trying to be sensitive to the unfair shame and humiliation many women feel after a sexual assault and now regret the decision to not contact the alleged assaulters to get their account. We are taking this seriously and apologize to anyone who was affected by the story. Will Dana Managing Editor

Tuesday I sat down to chat with Thomas LaDuke of FTR Radio fame. We chatted about the weather, the greatness of Texas, Ferguson protests, and how the new media and and the conservative blogosphere have changed over the last few years. I met LaDuke at my first political soirée in Denver in 2011. We were attending Blogcon when Occupy Denver crashed the conference. Later, I went to check out the police removal of Occupy from a Denver park, only to end up with a riot gun about six inches from my nose. It was a blast. Since then, new media has changed. Conservative media has changed. In some ways the changes I've seen have been very positive, other changes concern me. The Conservative movement has harnessed new media and made incredible strides. Concerning though, is the notion that we must be like the left to beat the left. It's simply not true. We are not the left and never will be, and thank goodness for that! The long game of cultivating an American culture that thrives on freedom requires we find our own identity as a Conservative movement, one that draws people to us. Tactics like those Alinsky employed are divisive and ultimately, only hinder our progress towards a reasonably unified freedom force.

Last week,49-year-old Larry McQuilliam went on a ten minute shooting spree in Austin, Texas. The only fatality was the shooter himself, when a mounted Austin police officer dropped McQuilliam from 312 feet with a single, strong handed, shot. McQulliam unleashed approximately 100 rounds in an attempt to shoot up a federal courthouse and Mexican Consulate. He had the words "Let Me Die" written on his chest in marker. According to CNN:
He said investigators found a map that included 34 locations marked as targets in McQuilliams' possessions. The majority of the locations were either government buildings, including the ones that he attacked, or financial institutions, Acevedo said. The map included two churches. Investigators also found a book, "Vigilantes Of Christendom," the police chief said. Inside the book was a handwritten note that discussed McQuilliams' rank as a "priest in the fight against anti-God" people, Acevedo said. According to Christopher Combs, special agent in charge of the FBI's San Antonio division, McQuilliams had mentioned to some people that he was upset because he couldn't find a job and because, in his view, immigrants were able to get more services than he was. Authorities believe McQuilliams acted alone.

Yesterday, the Washington Post published a story about Donny Ray Williams, Jr. Williams is a convicted serial sexual abuser and former Democratic Senate aide. Ah what magic that little 'D' affiliation possesses. There was no story on Good Morning America, no major network news coverage of a serial rapist who will not be serving jail time, just a short form piece in the Washington Post. That's it. Mind you, the Washington Post and other media scalped Elizabeth Lauten, the Republican Congressional aide who was mildly critical of the Obama daughter's scant wardrobe choice on her personal Facebook page. Likely at the behest of the White House, WaPo assigned foreign policy reporters to cover Lauten. They began digging into her college papers, sealed juvenile record, and staking out her parent's home. Lauten quit and is currently in self-imposed exile. Credible sources indicate the White House was actively pitching the story of Lauten's unforgivable indiscretions to their favorite media outlets. Amazingly, the obscure Tennessee Congressman who employed Lauten was left completely out of the fray. Forgoing the "guilty by association" schtick, it was Lauten with the glowing red dot on her back. Make an example of Lauten and no one will dare throw shade at the Obama's again, seems to be the message in all of this. Nothing else explains the disproportionate use of force. Watching the inequity in media coverage got me all riled up (as we say in Texas). So I took to Twitter.

Arizona Senator Jeff Flake released a report on the EPA's misuse of taxpayer money called the Science of Splurging. “For an agency keen to regulate every puddle from a rainstorm, the EPA has proven itself remarkably inept when it comes to managing its own affairs,” said Flake. “After years of handing out blank checks in the form of omnibus appropriations bills and continuing resolutions, it’s time for Congress to return to regular order and restore accountability at the EPA.”

Demonstrations called "Hands Up Walk Out" are taking place all over the country today. According to the event website:

In the wake of events in the last weeks, including the non-indictment in the killing of Mike Brown and the senseless killings of Akai Gurley in New York and 12-year-old Tamir Rice in Cleveland, our communities are hurting and justifiably angered. What gives us hope in this moment of pain and anguish is the thousands of people who have poured into the streets of America to demand change.

From the #ShutItDown actions that have blocked major highways and intersections to the #BlackoutBlackFriday protests,the message is clear: No more business as usual. We can no longer do what we have always done and cooperate with a system that does not respect Black Lives. We will only get the change we want if we disrupt the daily order and insists that Black Lives Matter. If that means shutting down the entire country, that’s what we’ll do.

On Monday, Dec 1st people around the country will be walking out of their schools and places of work in solidarity with Ferguson communities across the country effected by police violence.

Where? It can be any central location at your school or the area where you work . Consider if there is a place that has relevance to social justice such as a monument, chapel, or scene of previous protests.

"Hands Up" refers to early reports that suggested Mike Brown had his hands up in the air as a sign of surrender when he was shot by police officer, Darren Wilson. Later, it was revealed this was not true.

Participants of "Hands Up Walk Out" were encouraged to post photos of their events online.

Not surprisingly, the largest turnouts seemed to have occurred at ivy league campuses and leftist organized marches, but even those were not particularly large. The rest? They were itty bitty. Take a look:

A 32 year old Bosnian man is dead after a fatal attack in St. Louis early Sunday morning. Zemir Begic, who'd only been married for six months was beaten to death with hammers in front of his wife and friend. According to CNN:

Two juveniles are in custody Sunday, suspected in the death of a man beaten with hammers on a St. Louis street.

The victim, 32-year-old Zemir Begic, suffered injuries to his head, abdomen, face and mouth, according to police.

He was unconscious by the time officers arrived. Begic was taken to an area hospital, where he was pronounced dead, police said.

"Investigation revealed the victim was traveling in his vehicle when several juveniles approached his vehicle on foot and began damaging it.

"The victim exited his vehicle and the juveniles began yelling at the victim and striking him with hammers. After the assault, the juveniles fled the scene on foot," read an incident report.

Two suspects were later located and taken into custody, police said. They are 15 and 16.

A motive for the attack was not immediately clear. An investigation is ongoing.

Some reports indicate race has already been ruled out as a motive for the violent attacks, while others say motive is as of yet unclear. Police are still looking for two other suspects, a 16 year old black male and a 15 year old hispanic male, according to Fox News St. Louis.