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Posted by Kemberlee Kaye on September 14, 2014 6 Comments
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!

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Posted by Amy Miller on September 14, 2014 1 Comment
Ugandan authorities on Saturday foiled an attempted terrorist attack in the Ugandan capital city of Kampala. The U.S. Embassy ordered American citizens to shelter in place as Ugandan police apprehended members of a terror cell, arresting an unspecified number of foreigners and seizing an unknown amount of explosives. Fred Enanga, a representative from the Uganda Police told the Wall Street Journal that until the investigation is over, police will increase security in public places such as hotels, restaurants, and Entebee National Airport. However, he declined to confirm whether or not the authorities had confirmed that the cell was associated with al Shabaab, and would not divulge the nationalities of the suspects in custody. Uganda is one of several African Union nations that is supplying manpower for the peacekeeping force fighting al Shabaab in Somalia. Uganda represents the largest presence in the force, and has suffered numerous threats and attacks since it joined. Most notably, al Shabaab took responsibility for the 2010 attack on the World Cup finals in Kampala, when two explosions took the lives of 76 people.

Posted by New Neo on September 14, 2014 25 Comments
The families of James Foley and Steven Sotloff have complained that the Obama administration threatened to prosecute them if they tried to ransom their loved ones. It is completely understandable why the families would be upset about this: how could any family fail to do anything possible to save their loved ones from such a horrific fate? And how could any family not be horrified that their own government might try to stop them? I don't think there's anyone who could fail to sympathize. But that doesn't mean the government isn't rightr. Therein lies the terrible ethical, emotional, and practical dilemma. By paying ransoms, the behavior of the terrorists is rewarded, more kidnappings of Americans occur, and our enemies grow richer. Plus, there is no guarantee that a group such as ISIS is actually serious about such negotiations. Every now and then the Obama administration gets it right, and this is one of those times. However, Obama's staff being who they are, they were probably especially cold and insensitive in communicating with the families. That being said, it's not clear that under the circumstances there would have been any acceptable way to say "no," or that any approach short of complete cooperation would not raise the families' ire and frustration.

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Posted by Amy Miller on September 13, 2014 7 Comments
Islamic State militants have set fire to Iraq's largest oil refinery, escalating tensions in the region and raising questions about how much control ISIS could potentially gain over the world's oil supply. This isn't the first time this particular refinery has been attacked; it's a favorite target of ISIS militants. They have attacked the refinery in the past as a way of securing fuel to smuggle to parties who fund their self-declared "caliphate" in northern Iraq and Syria. Via Bloomberg Businessweek:
“The fire could go on for two or three days as there is no civil defense to put it out,” police said in the statement, without indicating how much oil the tank contained. “The situation in the refinery’s perimeter is quiet now.” ... The Baiji refinery has an installed capacity of 310,000 barrels a day and the storage tank that came under attack belongs to a group that typically contain 100,000 barrels each, Saad Al-Obaidi, a protection force personnel at the plant, said by phone. The plant stopped working in June.
The Islamic State's control over the oil supply in the middle east is affecting oil prices all over the world. According to Fox News, the inflation caused by ISIS activities has raised the price per barrel by as much as ten dollars.

Posted by William A. Jacobson on September 13, 2014 20 Comments
We previously covered the petition drive to put on the ballot this November a Proposition to split California into six states, Are six Californias better than one?:
The idea of splitting California into pieces is not new. The procedural hurdles are monumental, and perhaps insurmountable, but the idea doesn’t go away. CAlifornia is too damn big to govern, and has differing regional qualities that would make sense to separate out rather than bury under one state government. From a national political point of view, a break up would be a mixed bag. Yes, it might (might, not would) break the now near-permanent condition of all those electoral votes going Democrats without a fight. But as separate states, wouldn’t they be entitled to two Senator each? The more Californias there are, the more Democratic Senators we are likely to have, although depending on how the split-up takes place, perhaps it would be more neutral.
Unfortunately, the Proposition will not be on the ballot because they fell just short of the required signatures, although there may be challenges to the count. The Sacramento Bee reports, Six Californias initiative fails to make 2016 ballot:

Posted by Mike LaChance on September 13, 2014 19 Comments
Former house speaker Nancy Pelosi recently sat down for an interview with Bill Maher in which they discussed the upcoming mid-term elections. Based on Pelosi's choice of words, it sounds like the Democratic Party is expecting big losses. Chuck Ross of the Daily Caller has the details:
Nancy Pelosi: Civilization ‘In Jeopardy’ If GOP Takes Senate On the one hand, California U.S. Rep. Nancy Pelosi claims that Democrats are not “fear-mongers;” on the other hand, she believes civilization is doomed if Republicans take control of the Senate from Democrats in November. The former speaker of the House made those dramatic, incongruous statements on “Real Time with Bill Maher,” which aired live from Washington, D.C. Friday. Maher asked Pelosi about recent polling which shows that the GOP is likely to take over the upper chamber and asked, given gridlock in Washingon, why it matters that Democrats keep control. “It would be very important for the Democrats to retain control of the Senate,” Pelosi told Maher. “Civilization as we know it today would be in jeopardy if the Republicans win the Senate.”
Here's the video:

Posted by Andrew Branca on September 13, 2014 45 Comments
The majority Republican Missouri legislature handed yet another victory to pro-children activists yesterday, and a stunning defeat to those who would leave school children vulnerable to murderous psychopaths, when it overwhelmingly overrode the Democrat Governor's veto of legislation allowing teachers to be armed in schools, as reported by the NRA and other news sources. SB656 was passed and delivered to the Governor in May 2014, who vetoed the bill on July 14.  Yesterday the Missouri Senate voted to override the veto by a vote of 23 to 8, and the House by a vote of 117 to 39.  Supporters of the override came from both Democrats and Republicans. A full copy of the bill is embedded at the bottom of this post. SB656 allows the school district to designate teachers or administrators to receive extensive training as school protection officers as well as to carry a gun on school property. The law also included other pro-self-defense provisions, including allowing open carry anywhere in the state for people possessing a concealed carry license. This is very useful even for those license holders who never intend to openly carry, because it protects them from the risk of a brandishing charge in the even they unintentionally reveal their concealed handgun to casual observation. The law also lowered from 21 to 19 the age at which a person can obtain a concealed carry license, as well as other favorable provisions. SB656 will take effect no later than October 23.

Posted by Mike LaChance on September 13, 2014 29 Comments
Obama may be America's commander-in-chief, but he's not a leader who is interested in military strategy. Bearing all that in mind, this report from Dustin Walker of Real Clear Defense is nothing short of stunning:
Obama Rejected "Best Military Advice" As he laid out his strategy to combat the Islamic State in both Iraq and Syria, President Obama rejected the “best military advice” of his top military commander in the Middle East. Quoting two U.S. military officials, the Washington Post reported on Wednesday that Army Gen. Lloyd Austin, commander of U.S. Central Command (CENTCOM), said “that his best military advice was to send a modest contingent of American troops, principally Special Operations forces, to advise and assist Iraqi army units in fighting the militants.” Austin’s recommendation was taken to the White House by the chairman of the Joint Chiefs of Staff, Gen. Martin Dempsey. The White House rejected CENTCOM’s “advise and assist” contingent due to concerns about placing U.S. ground forces in a frontline role. In a press briefing Thursday, White House press secretary Josh Earnest said that the president had rejected Austin’s recommendation because he believes “it is not in the best interest of American national security to send American combat troops in a combat operation to act on the ground in Iraq.”

Posted by Amy Miller on September 12, 2014 47 Comments
Today in New Orleans, attorneys for the State of Texas asked the U.S. Fifth Circuit Court of Appeals for an immediate stay to a previous ruling that disallows regulators from enforcing new laws against abortion providers. Earlier this summer, U.S. District Court Judge Lee Yeakel ruled that the new laws were an unconstitutional undue burden on a woman's right to seek an abortion. That District Court decision has blocked enforcement of the new law “against any abortion provider –- present or future.” Via Bloomberg:
Texas accused Yeakel of making an end run around the appellate court’s 2013 decision that upheld Texas’s admitting-privileges rule, which requires that doctors gain permission to admit patients at a hospital within 30 miles of the clinic where they perform abortions. Women’s health advocates and clinics fighting the anti-abortion limitations said in court filings that letting Texas go ahead with the measures while it appeals would have a “catastrophic impact on the availability of abortion services” in the state. “If a stay is granted, most of the remaining abortion providers would be forced to close overnight,” opponents of the law said in a filing asking the appeals court to deny the state’s request. “Many women’s constitutional rights would be extinguished before the appellate process ran its course, and their lives would be permanently and profoundly altered by the denial of abortion services.”

Posted by William A. Jacobson on September 12, 2014 12 Comments
In a ruling just handed down (h/t RightWisconsin), a panel of the 7th Circuit has vacated a prior injunction staying enforcement of the law, and holding that it will be in effect for this November's election. The full Order is embedded at the bottom of the post. The case was argued before the Court of Appeals earlier today. The critical finding was that recent changes enacted in Wisconsin to make it easier to get an ID obviated the likelihood of irreparable harm, a necessary test for an injunction:
The district court held the state law invalid, and enjoined its implementation, even though it is materially identical to Indiana's photo ID statute, which the Supreme Court held valid in Crawford v. Marion County Election Board, 553 U.S. 181 (2008). It did this based on findings that it thought showed that Wisconsin did not need this law to promote an important governmental interest, and that persons of lower income (disproportionately minorities) are less likely to have driver's licenses, other acceptable photo ID, or the birth certificates needed to obtain them, which led the court to hold that the statute violates §2 of the Voting Rights Act, 42 U.S.C. §1973. After the district court's decision, the Supreme Court of Wisconsin revised the procedures to make it easier for persons who have difficulty affording any fees to obtain the birth certificates or other documentation needed under the law, or to have the need for documentation waived. Milwaukee Branch of NAACP v. Walker, 2014 WI 98 Guly 31, 2014). This reduces the likelihood of irreparable injury, and it also changes the balance of equities and thus the propriety of federal injunctive relief. The panel has concluded that the state's probability of success on the merits of this appeal is sufficiently great that the state should be allowed to implement its law, pending further order of this court.

Posted by William A. Jacobson on September 12, 2014 23 Comments
[Featured Image credit: Kaitlin Owens video] We covered the incident the other night where the anti-Israel Student Senate President Megan Marzec at Ohio University had campus police arrest four pro-Israel students who were protesting the "blood bucket challenge" performed by the Marzec. Marzec came under heavy criticism, including from the Student Senate itself, for her hijacking of the charity fundraising effort for research into an incurable disease, in order to attack Israel. Is there anything the anti-Israel crowd will not make a political battleground? One of the students, Rebecca Sebo, was arrested while reading a Legal Insurrection blog post that collected university president statements against the academic boycott of Israel. [caption id="attachment_99193" align="alignnone" width="575"]http://www.thepostathens.com/news/article_e5def6ee-3940-11e4-9d06-0017a43b2370.html?mode=video (Rebecca Sebo, Ohio University)(photo credit: Kaitlin Owens video)[/caption] As of now, misdemeanor charges of disrupting a public meeting remain pending and have not been dropped:
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