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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.

The October surprises just keep on coming, courtesy of President Obama. According to The Weekly Standard, "during a speech in Rhode Island today, President Obama called for more taxpayer-spending on pre-school in order to "make sure that women are full and equal participants in our economy." I can respect that. But then the President followed those remarks by saying (emphasis added):
And sometimes someone, usually mom, leaves the workplace to stay at home with the kids, which then leaves her earning a lower wage for the rest of her life as a result. That's not a choice we want Americans to make.
Um, ok. I'm interpreting his remarks to mean that women shouldn't have to choose between lower wages or being stay at home mothers. Sounds noble, but it's not realistic, at least not in most cases. Condescension aside, aggravating is the constant drum beat of the modern "feminist" lie that women can have it all. It's simply not true. Those with successful careers and families are routinely put in a place of choosing one or the other. Men with families also find themselves in the same dilemma, yet no one wants to talk about their struggles, because "feminism."

After significant national pressure, Houston Mayor Annise Parker has withdrawn the controversial subpoenas entirely. Ed Whelen at National Review has the scoop:

I’m pleased to pass along word from the Alliance Defending Freedom, counsel for five Houston pastors, that Houston mayor Annise Parker has—finally—entirely withdrawn the harassing subpoenas that the City unjustifiably inflicted on the pastors.

I’ll repeat what I said in my first post on this matter: The law firm of Susman Godfrey, which is representing the City “pro bono” in the litigation, deserves to share in the ample blame for this fiasco. In particular, Geoffrey L. Harrison, Alex Kaplan, and Kristen Schlemmer of that law firm seem not to have given a moment of careful thought to the First Amendment implications in this case of the sort of bullying discovery that they and other lawyers routinely engage in. 

The Alliance Defending Freedom issued the following statement:

“The mayor really had no choice but to withdraw these subpoenas, which should never have been served in the first place. The entire nation--voices from every point of the spectrum left to right--recognize the city's action as a gross abuse of power. We are gratified that the First Amendment rights of the pastors have triumphed over government overreach and intimidation. The First Amendment protects the right of pastors to be free from government intimidation and coercion of this sort. But the subpoenas were only one element of this disgraceful episode. The scandal began with another abuse of power when the city of Houston arbitrarily threw out the valid signatures of thousands of voters. The city did this all because it is bent on pushing through its deeply unpopular ordinance at any cost.
The subpoena threat has been withdrawn but the mayor and the city should now do the right thing and allow the people of the Houston to decide whether to repeal the ordinance.”

Following a bitter battle over an overreaching city ordinance, Bayou City clergy and the city of Houston weren't on the best of terms. The ordinance, dubbed "HERO," allows transgendered persons to sue businesses that prohibit their use of their preferred bathroom.

NARAL probably didn't intend for their latest radio ad to be butt of every Conservative joke, but that's exactly what happened.

The National Abortion and Reproductive Rights Action League (NARAL), issued a press release today announcing, "a new $450,000 ad campaign attacking Senate candidate Cory Gardner for his position against birth control. The TV, radio and online ads will run between now and Election Day and will be targeted at young voters, especially young men." "Cory Gardner tries to deceive Colorado voters on his opposition to birth control and his belief that politicians have a right to interfere in our personal, private medical decisions," said Karen Middleton, Executive Director of NARAL Pro-Choice Colorado. "These ads highlight how Cory Gardner is on the wrong side of Colorado values and voters, especially young voters." Evidently, men are single issue voters who only care about birth control and in particular, condoms. At least that's the prevailing theory of the Democrats these days. The folks over at The Federalist recorded the radio ad for your listening pleasure:
Dude: They're all out. Lady: Did you try the corner market? Dude: Of course. Lady: Grocery store? Dude: Sold out. Lady: Drug store? Dude: Come on. Lady: So everyone's sold out of condoms? How did this happen? Dude: Cory Gardner banned birth control and now it's all on us guys. And you can't find a condom anywhere. And The Pill was just the start. Pell grants my little brother was counting on for college? Cory cut them. Climate change that everyone knows is weirding our weather? Cory flat-out denies it. Sweat Pea, Cory denies science. Lady: Come on. Dude: This guy has no idea what's going on in the real world. [Wayne's World Scene Changing Music] Narrator: Don't let Cory's world become your world. [Yada yada yada...]

Rewind to a few months ago when we reported that McDonald's appeared to be testing touchscreen ordering devices:
McDonald’s employees who picketed for a better living wage (whatever that means) may come to regret that decision. According to a Redditor, a McDonald’s in Illinois replaced their cashiers with machines.  The machines appear to be the cousins of the ones found in grocery stores, big box stores, and CVS that allow customers to complete transactions.
It turns out McDonald's is no longer merely testing the devices but is planning widespread implementation. Tanking profits are forcing fast food chains like McDonald's to reconsider how much their front line employees are worth, particularly when these employees continue to demand more money. According to the Wall Street Journal (emphasis added):
If there’s a silver lining for McDonald’s in Tuesday’s dreadful earnings report, it is that perhaps union activists will begin to understand that the fast-food chain cannot solve the problems of the Obama economy. The world’s largest restaurant company reported a 30% decline in quarterly profits on a 5% drop in revenues. Problems under the golden arches were global—sales were weak in China, Europe and the United States. So even one of the world’s most ubiquitous consumer brands cannot print money at its pleasure. This may be news to liberal pressure groups that have lately been demanding that government order the chain known for cheap food to somehow pay higher wages. The McDonald’s earnings report on Tuesday gave a hint at how the fast-food chain really plans to respond to its wage and profit pressure—automate. As many contributors to these pages have warned, forcing businesses to pay people out of proportion to the profits they generate will provide those businesses with a greater incentive to replace employees with machines.
Enter the machine:

Ebola infected nurse Nina Pham was released from the National Institute of Health hospital today after being cured of Ebola. Great news not only for Pham, but for those of you with Ebolanoia as well. Pham contracted the virus while taking care of Eric Duncan, the Liberian who passed away from the virus in a Dallas hospital earlier this month. According to The Guardian:
Dr Anthony Fauci, infectious disease chief at the NIH, gave Pham a hug and told reporters that five consecutive tests showed no virus left in her blood. “She is cured of Ebola, let’s get that clear,” Fauci said. Pham’s release comes a day after a doctor in New York City who had been treating Ebola patients in west Africa was diagnosed with the virus. Dr Craig Spencer is being treated in isolation at Bellevue Hospital Center in Manhattan. The 26-year-old Pham arrived last week at the NIH Clinical Center in Bethesda, Maryland. She had been flown there from Texas Presbyterian Hospital in Dallas, where she became infected while treating Thomas Eric Duncan, who died of the virus 8 October. A second Dallas nurse who became infected after treating Duncan has also been pronounced free of the virus, family members said this week. Amber Vinson, who flew to Ohio and back before she was diagnosed, is being treated at Emory University Hospital in Atlanta, Georgia.
Bentley, Pham's dog has also tested negative for Ebola, but will remain in quarantine until the 21 days have lapsed:

While most Democrats are desperately trying to distance themselves from President Obama, Illinois Democrats are safe from the President's campaign death kiss. Monday night, President Obama headlined a campaign rally for Illinois Senator Dick Durban and Illinois Governor Pat Quinn. As Rebel Pundit pointed out:
ABC 7 reporter Charles Thomas stated the Jones Convocation Center, was not filled. Thomas did his best to paint the president’s visit as a success, “When it comes to Chicago, especially on the South Side, Obama has not lost his political magic. Sunday night at the Jones Convocation Center, it was filled to near-capacity.” Thomas reported 6,000 attendees at the rally to re-elect Quinn, but the capacity at the center is 7000.
Interestingly, the President is having difficulty filling seats on his home turf. Earlier this week, attendees at a Maryland rally walked out when Obama took the stage; and last month, the Climate Summit held in New York City was missing some pretty crucial world leaders, yet another indicator of Hope and Change's waning star power.

HBO's Last Week Tonight is easily the best satirical news program on TV these days. Hosted by Daily Show alum John Oliver, Last Week Tonight is all over the spectrum ideologically, but regularly has me in stitches. Recently, Last Week Tonight noticed video cameras are not allowed to film SCOTUS oral arguments. Oliver and crew set out to ensure the American public is never without a visual of the Supreme Court arguments again. Enter "Real Animals Fake Paws." Take a look: Oliver released the raw footage on YouTube for enterprising individuals to utilize. Slowly but surely, oral arguments set to "Real Animals Fake Paws" are popping up.

Houston Mayor Annise Parker made national headlines last week when it was revealed she subpoenaed the sermons of local pastors. Following a brutal battle over a city ordinance which many believed was an egregious encroachment of local government into the territory of religious freedom, Parker, Houston's first openly gay mayor, subpoenaed the full text of sermons mentioning her name or anything having to do with homosexuality. Right leaning citizens weren't the only ones to shirk from Parker's drastic and seemingly vindictive actions. The ACLU and other liberal leaning organizations expressed grave concern with Parker's unprecedented overreach. The ACLU said in a statement, "“While a lot of things are fair game in a lawsuit, government must use special care when intruding into matters of faith. The government should never engage in fishing expeditions into the inner workings of a church, and any request for information must be carefully tailored to seek only what is relevant to the dispute." Following blowback, Parker announced the City of Houston would clarify the subpoenas which were, "too broad." "We are glad that Mayor Parker has acknowledged that subpoenas issued in ongoing litigation were too broad and that there is no need to intrude on matters of faith to have equal rights in Houston. There was no need to include sermons in the subpoena in the first place," said the Texas Chapter of the ACLU.

Vermont ice cream maker Ben and Jerry's drew the ire of the political correctness brigade when they released "Hazed and Confused," a concoction of chocolate and hazelnut deliciousness. Part of their new Core series, "Hazed and Confused" is injected with a chocolate, hazelnut, fudge core. "Hazed and Confused" being a play off the hazelnuts and famed Led Zeppelin song "Dazed and Confused." "Dazed and Confused" was also an early nineties movie that gave us Matthew McConaughey, and is therefore one of the best movies in existence.

Nina Pham tested positive for Ebola. The 26 year old nurse from Dallas, Texas was among the health care crew taking care of Eric Duncan. Ebola took Duncan's life, October 8. Prior to being transported to Bethesda, Maryland to receive more intensive treatment, Pham seemed to be in good spirits. She teared up saying, "I love you guys. Come to Maryland!" This video was filmed last night before to her departure from Dallas:  

Houston's summer was marred by a battle over religious liberties and overreaching government. Sparring over a city ordinance that would force businesses, among other things, to allow transgendered clientele the use of opposite sex restrooms or risk discrimination suits, Bayou City area clergy and the government aren't exactly on the best of terms. Rather than placing the measure on the ballot, City Council enacted the reform via city ordinance. Rallying together, clergy and concerned citizens submitted over more than twice as many required to repeal the ordinance. Then the validity of the signatures was called to question by the city attorney. And that's where this story picks up. The Houston City government made a bad situation worse when it subpoenaed five local area pastors. The subpoena requests any and all communication, electronic and otherwise that remotely mentions the above mentioned city ordinance battle. But it doesn't stop there:
All speeches, presentations, or sermons related to HERO, the Petition, Mayor Annise Parker, homosexuality, or gender identity prepared by, delivered by, revised by, or approved by you or in your possession.
Churches qualify for 501(c)(3) tax exempt status and can lose that status by engaging in electioneering or elicit candidate endorsement, just the same as any other 501(c)(3) organization; but none of the subpoenaed material falls within that category.

Last week, Democratic Texas Gubernatorial candidate Wendy Davis' campaign ran an ad attacking Texas Attorney General, Greg Abbott, for being in a wheelchair. The ad received such intense blowback, Abbott's campaign turned the negative reaction into their own campaign ad: "Just keep digging" apparently being the Davis campaign mantra, Davis doubled down on the monstrous ad:

Rock the Vote released a new ad today with a song by Lil Jon featuring Lena Dunham, Whoopi Goldberg, Natasha Lyonne, Fred Armisen, E.J. Johnson, Darren Criss, Sophia Bush, Ireland Baldwin, Devendra Banhart, Ioanna Gika, and Gabriel Valenciano. Geared towards young people, Rock the Vote has long been successful at utilizing pop culture to engage younger demographics in the political process. Started in 1990 by a Virgin Record exec, Rock the Vote is supposed to be a non-profit, partisan organization. Whether or not you agree with their politics (which tend leftward), they're good at making voting and even politics look rad. Check out their latest ad:

Turns out Twitter is also fed up with this administration's war on transparency. Last month, Twitter released a report detailing how they'd been banned from reporting the extent of government surveillance on the platform. In that report Twitter explained:
"...if the government will not allow us to publish the actual number of requests, we want the freedom to provide that information in much smaller ranges that will be more meaningful to Twitter’s users, and more in line with the relatively small number of non-national security information requests we receive. We also pressed for the ability to be specific about different kinds of national security requests and to be able to indicate “zero requests” if that applies to any particular category of request. Unfortunately, we were not able to make any progress at this meeting, and we were not satisfied with the restrictions set forth by the DOJ.
Today Twitter announced they're taking the transparency fight to court:
Our ability to speak has been restricted by laws that prohibit and even criminalize a service provider like us from disclosing the exact number of national security letters (“NSLs”) and Foreign Intelligence Surveillance Act (“FISA”) court orders received — even if that number is zero. It’s our belief that we are entitled under the First Amendment to respond to our users’ concerns and to the statements of U.S. government officials by providing information about the scope of U.S. government surveillance – including what types of legal process have not been received. We should be free to do this in a meaningful way, rather than in broad, inexact ranges. So, today, we have filed a lawsuit in federal court seeking to publish our full Transparency Report, and asking the court to declare these restrictions on our ability to speak about government surveillance as unconstitutional under the First Amendment. The Ninth Circuit Court of Appeals is already considering the constitutionality of the non-disclosure provisions of the NSL law later this week.
You can read the filing in its entirety beneath: