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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.

A few weeks ago, we covered the story of Columbia studentEmma Sulkowicz, who alleged she was raped by another student. Rather than pursue the matter all the way through the legal system (she dropped her case), Sulkowicz took her case to the University tribunal. Her alleged rapist was not found guilty by the campus tribunal, so Sulkowicz decided to protest her trauma through performance art (and college credit) and carry a mattress around campus as long as her alleged rapist remained on campus.  Carrying the mantel of Sulkowicz's cause, what was supposed to be a national day of action and a million mattress march, was not widely protested.  The only two protests we could find are at Texas Tech and Cornell. At Texas Tech:

Some Texas Tech University students have demonstrated against what they say is a "rape culture" on campus by laying bed sheets spray-painted with "No means No" at three locations.

The women's actions Wednesday came a day after university officials sent an email to students and faculty that called activities at a recent off-campus fraternity party "reprehensible."

A picture of a banner at the Sept. 20 Phi Delta Theta fraternity gathering, briefly posted online, read, "No means yes," followed by a graphic sexual remark.

University spokesman Chris Cook said the school learned of the banner the day after the party and began investigating immediately. Last week the university established a task force to review Greek organizations.

The bed sheets displayed Wednesday were removed by police after about 30 minutes.

Cornell took the call to action more seriously and approximately one hundred students showed up to protest. According to Casey Breznick at The Cornell Review (he also writes for Legal Insurrection and College Insurrection), a National Day of Protest Against Rape Culture took an odd turn yesterday. The protest was co-sponsored by Students for Justice in Palestine, Black Students United, Crunch: The Kinky Club at Cornell, Cornell Organization for Labor Action, the Cornell Progressive, DASH: Direction Action to Stop Heterosexism,Women of Color Coalition, and Grrls Fight Back. The protest was meant to be the decisive blow to "rape culture" on Cornell's campus. To that end, students read poems aloud. Breznick reports:

The latest video from the Foundation for Government Accountability argues that Medicaid expansion under Obamacare places convicts in line for Medicaid benefits before the elderly and vulnerable.

According to the FGA:

“Everyone should know that a lawmaker calling for expansion is asking for criminals to get priority medical care at the expense of the disabled, elderly, children and others already enrolled in the current Medicaid program,” said FGA CEO Tarren Bragdon.

“What’s worse is that the victims of violent crimes will now be paying the medical bills of those who victimized them, all while watching their grandparent’s and children’s health care suffer.”

Lawmakers in expansion states have decided to put their most needy citizens on the chopping block so they can move able-bodied, working-age adults; almost all of whom (82 percent) have no children to support, nearly half of whom (45 percent) do not work, many of whom (35 percent) with a record of run-ins with the criminal justice system to the front of the line. So what happens to those on the ObamaCare chopping block? States that previously expanded Medicaid had to eliminate coverage for life-saving organ transplants, overload waitlists for services, cap enrollment and raise patient costs, all because promises were broken and costs exceeded projections.

Here's the quite operatic video:

The latest victim in the Obama administration's overregulationpalooza appears to be just about anyone who wants to snap a picture in a nationally designated forest. Proposed regulations would require permits for still photography and commercial filming on National Forest System Lands. According to the Federal Register:
"The proposed amendment would address the establishment of consistent national criteria to evaluate requests for special use permits on National Forest System (NFS) lands. Specifically, this policy provides the criteria used to evaluate request for special use permits related to still photography and commercial filming in congressionally designated wilderness areas." 
The commenting period for the amendment is open until November 3. September 25th, the National Forest System released a statement to clarify the proposed amendment. “The US Forest Service remains committed to the First Amendment,” said U.S. Forest Service Chief Tom Tidwell. “To be clear, provisions in the draft directive do not apply to news gathering or activities.” The agency claims the measures are to protect federal lands, and I'm sure that's the case, and have no objection with these types of wildlife preserves. But even the clarifying statement is vague:

A Muslim civil rights lawyer and mother of three was found guilty of apostasy by an ISIS-founded sharia court in Mosul. Her offense? She posted a blog post to Facebook that was critical of ISIS' destruction of places of worship. She was then tortured for days and suffered a public executed by masked firing squad. According to Newser:
The UN Assistance Mission in Iraq says Samira Salih al-Nuaimi was seized from her home on Sept. 17 after allegedly posting messages on Facebook that were critical of the militants' destruction of places of worship in Mosul. According to the UN mission, al-Nuaimi was tried in a so-called "Sharia court" for apostasy, after which she was tortured for five days before the militants sentenced her to "public execution." She was killed on Monday, the UN mission said. Her Facebook page appears to have been removed since her death. "By torturing and executing a female human rights' lawyer and activist, defending in particular the civil and human rights of her fellow citizens in Mosul, [ISIS] continues to attest to its infamous nature, combining hatred, nihilism, and savagery, as well as its total disregard of human decency," Nickolay Mladenov, the UN envoy to Iraq, said in a statement. 
An AP wire story posted on Women of Grace has more details:

Eric Holder will step down today as Attorney General, at least according to NPR. Sources told NPR that Holder plans to remain in his post until a replacement has been confirmed:

Eric Holder Jr., the nation's first black U.S. attorney general, is preparing to announce his resignation Thursday after a tumultuous tenure marked by civil rights advances, national security threats, reforms to the criminal justice system and five and a half years of fights with Republicans in Congress.

Two sources familiar with the decision tell NPR that Holder, 63, intends to leave the Justice Department as soon as his successor is confirmed, a process that could run through 2014 and even into next year. A former U.S. government official says Holder has been increasingly "adamant" about his desire to leave soon for fear he otherwise could be locked in to stay for much of the rest of President Obama's second term.

In April, Holder indicated he would not resign until after the midterm elections. Potential replacements are, as of yet, unclear. His tenure with the Department of Justice has been controversial at best, and at its worst, deadly. His radical "civil rights" agenda won't be missed by most, but Holder hopes the history books will remember him as a hero:

They come in all shapes, forms, manners of caps lock, and misspelled profanity, but one thing's certain: no one likes an internet troll. Internet trolls are the thorn in the side of most people who dare to express an opinion on the internet. Trolls are the people completely disinterested in honest debate, but love to hit and run. They comment on blog posts, news articles, Facebook posts and anywhere else the internet provides a forum for their psychosis to be displayed in all its demented glory. Here are a few types of common blog trolls:
  • Regular Troll -- This guy is openly 180-degrees opposed to the purpose and/or ideological orientation of the blog. Whatever you're for, he's against, and vice-versa....
  • False-Flag Troll -- This guy pretends to be on your side, but he's really not. Claiming to be a conservative, he inevitably advances messages that are anti-conservative. His purpose is to sow confusion, discord and demoralization.
  • Concern Troll -- A subspecies of false-flag troll. The Obama campaign deployed a swarm of concern trolls in fall 2008. They were recognizable by the 3-point argument that went something like this: (1) I'm a committed conservative/lifelong Republican, but (2) I'm concernedabout [something the Republicans had said or done], and therefore (3) I'm thinking I might vote for Obama on Election Day....
  • Agent Provocateur Troll -- Another false-flag subspecies, who aims to elicit unsavory or disreputable comments from other commenters, which can then be quoted to discredit the blog.
Then there are other internet trolls, like those who spend all their waking hours tweeting and emailing people. Or, sending you an all caps lock laded tweet telling you to "WAKE UP SHEEPLE!!!", showing up unsolicited to tell you just how wrong you are, in brutal terms but offering no reasons other than "because your dumb [sic]", and in many cases, all out harassing you just because they have nothing better to do from their mother's basement, internet trolls are an unfortunate byproduct of technological progress.  But I guess we can thank Al Gore's invention of the internet for that. Researchers in Canada decided to explore what types of people make up the majority of the internets trolls. According to Psychology Today:

It's long been a rallying cry of the right: if you want to be on the public dole, you should be able to pass a drug test. You've seen the memes and the bumper stickers. Sounds good, right? Governor Walker of Wisconsin has proposed his plan that would require drug testing for those seeking food stamps and unemployment benefits. According to The Daily Signal:

But the most controversial points are the governor’s proposals to require drug testing for individuals filing for unemployment and for “able-bodied, working-age adults requesting food stamps” through the state’s FoodShare public assistance program.

The bottom line, Walker says, is the bottom line: Taxpayers shouldn’t have to pay for public assistance programs for individuals who can’t pass a drug test.
Taxpayers should have a great say in where their tax dollars are spent, that's not a point I disagree with and is a principle I will always advocate. When it comes to mandatory drug testing as a contingency for public assistance though, I'm not convinced it's a good idea for two simple reasons: 1) requiring drug testing is an expansion of government 2) it doesn't address the problem of why people are seeking public assistance to begin with.

Post-September 11, George W. Bush encouraged Americans to return to normalcy. Go shopping, go to restaurants, don't be afraid. When the dust settled and it became clear that our enemy was al Qaeda, the joke became, "don't let the terrorists win!" Not in the mood to grab a beer? "Don't let the terrorist win!" And so on. When I read this article, "don't let the terrorists win!" seemed an appropriate response. The Washington Post reported:
Busch Gardens — which operates parks in Williamsburg, Va., and Tampa, Fla. — said in a statement that it has stopped using the props during Howl-O-Scream, an event that is already underway at the Virginia park. “Many of the scenes depicted at Busch Gardens’ Howl-O-Scream are graphic in nature, but they are fictional and are not intended to provide commentary on current world events,” Busch Gardens Williamsburg communications manager Kevin Crossett said in a statement. “The props in this year’s event were designed and purchased several months ago. “In light of recent events, some of these props have the unintended consequence of appearing insensitive and are being removed. Busch Gardens apologizes for any offense they may have caused.” Howl-O-Scream is scheduled to open in Florida later this month, according to the park’s Web site.
But it looks like this was all the fault of the Virginia Gazette who posted pics of the exhibit on their front page:

Earlier this week the Democrats released a video contrasting Rand Paul statements against Rand Paul's previous statements on a handful of issues. The video is a hatchet job and of course some things are taken out of context, but it highlights a major issue that's been bugging me about Rand Paul. Take a look at the video the Democrats put together: It's not uncommon for politicians to change their views, platforms, or opinions on issues. They are there to serve at the will of the people (at least in theory). Take ISIS for example. ISIS is a different kind of threat to American interests now than they were a few years ago. A policy change from isolationism to one that's considering an intervention strategy is warranted and few would fault Paul for changing his mind on this particular issue. My criticism of Paul is not because he's become an interventionist in a Libertarian body, after all, people don't flock to presidential election polls all riled up about foreign policy. My criticism is not that he's changed his mind. My criticism stems from Rand Paul's refusal to 1) admit his policy stance has changed and 2) handle this policy shift gracefully rather than indignantly.

The Scots voted against independence yesterday. At the time the BBC called the referendum election, the No votes (those voting against the referendum for independence) had garnered 54% of the votes counted. Alex Salmond, leader of the Scottish National Party and leader of the pro-independence movement, conceded the referendum loss late last night: There was nothing else on the ballot, just the question of independence.

This is a horribly heart-breaking story. Seven young Persians filmed their own rendition of "Happy" by Pharrell Williams, but in totalitarian regimes like Iran's, no good deed goes unpunished. A CNN Reporter tweeted the following: According to the Iran Wire, six of the accused were sentenced to six months in prison and 91 lashes, while the remaining offender was sentenced to a year in prison and 91 lashes:

For all the times we've been told Obamacare does not fund abortion, a new GAO report proves exactly the opposite. Salon wrote this fantastic piece decrying anti-choice activists who bought into the Obamacare-abortion myth, and last night the Washington Examiner released their findings related to the GAO report and recapped the debate as follows:
Again and again, during the congressional debate, Obamacare defenders promised: Obamacare subsidies won't subsidize abortion; customers will be able to choose insurance plans that don't cover abortion; Obamacare subsidies, if they want to pay for abortion coverage, will be billed separately. A new GAO report shows that Obamacare is failing on these counts. Warning of "bogus claims spread by those whose only agenda is to kill reform at any cost," for instance, President Obama told Congress in 2009: "And one more misunderstanding I want to clear up – under our plan, no federal dollars will be used to fund abortions, and federal conscience laws will remain in place."
The Examiner summarized the GAO report:
Customers in five states have no abortion-free plans available to them, and in many states, customers can't tell which plans cover abortion and which don't. In Washington State, for instance, the state's exchange bills customers on behalf of insurers--and the exchange covers abortion with federal tax dollars. The GAO found: "the exchange’s billing system was not assessing any premium to individuals whose premiums are fully subsidized under the law if these individuals are enrolled in QHPs that cover non-excepted abortion services."

Our friends over at National Review pulled this little gem. We've officially entered foreign policy bizarro world when the Department of State is absolutely refusing to work with Syria, but is open to working with Iran to fight (however they're defining that) ISIS. Blitzer asked Department of State Spokesperson Marie Harf if Syria was receiving intelligence through a third party, to which she responded, "Not at all. I can categorically reject that. We will not work with the Assad regime, we will not share intelligence with them, we will not coordinate with them. Period. Full stop. I don't want to be any clearer than that."

If the FDA's overreach into cheese doesn't compel you to grab your pitchfork and take to the streets, nothing will. Last week, we wrote about the FDA's French cheese tyranny. Looks like the situation is only becoming more dire. According to The Gazette, a cheese factory that specializes in cheese curds is shutting down. They're not being shut down for a specific health violation or anything like that -- they make good cheese. They're closing up shot because compliance with new federal regulations will require more cash than they have to spend:

“From advanced food safety and quality assurance requirements to more stringent environmental regulations that would require substantial capital investment,” said Gary Weihs, president of Proliant Dairy Ingredients, in a news release. “As a result of the changing environment, we have decided to close the Kalona facility. This is a difficult decision and we will continue to explore other opportunities for the facility.”

The facility employed 50 people. Impacted employees will receive compensation, severance pay and job placement assistance, the release said.

John Roetlin wouldn’t comment on the factory’s fate.

“It is what it is,” Roetlin said when contacted Thursday. He added the Kalona Cheese House, the factory’s store, will remain open despite the factory’s closure.

A group of Amish and Mennonite farmers established the operation as co-op in 1946, according to the website. The farmers hired Swiss immigrant John Roetlin, Sr. to run the factory, which opened in 1947.

This isn't just about cheese, it's about a community who will now be forced to find other ways to make memories.

We've covered the recent push for Scottish independence here, here, and here. With the referendum vote coming up Thursday, the 'No' votes have abandoned polite dissuasion in favor of a more direct approach. The 'Yes' camp has also become a little less shy. First, John Oliver. If you're not familiar with the former Daily Show personality, know that he's a bit colorful. He did a fantastic job of hilariously summing up the relatively complicated independence situation in a segment on his HBO show (slightly NSFW):

UPDATE: The final count is in, at the bottom of the post. If you've been following, Mandy Nagy, our beloved editor was recently hospitalized following a stroke. Mandy is invaluable not only to Legal Insurrection, but to the movement. Our good friends at FTR Radio have organized a Thunderclap set to go off at 3:00 PM EST tomorrow. You must sign up at the link before that time to participate: This is a pretty spiffy social media campaign. By joining the Thunderclap page for Mandy, you are essentially prescheduling a Facebook or Twitter post to be sent at 3:00 EST tomorrow along with everyone else participating. Hence, the "thunderclap" is when all these messages go off at once. It's very easy and takes about 90 seconds. Currently, the "Get Well Mandy" campaign is trending in the top 5 Thunderclap campaigns. The more, the merrier!