Joe Biden–“Moderate” –on Court Packing

Vice President Joe Biden, currently masquerading as a moderate, has been a gas bag for pretty much his entire career. But recently he has shown a remarkable reticence. He has refused to discuss where he stands on the Democrats’ threat to pack the Supreme Court, if they take control of the Senate after the November elections.

We hear a lot these days about how President Donald Trump violates norms. And for good reason: He does. That said, it is Mr. Biden who has taken a sledge hammer to political norms in a way that makes Trump look like a piker. 

In response to a question about the voters desire to know his position in the matter of Court packing, Mr. Biden said to reporters “They’ll know my opinion on court-packing when the election is over”.  He then went on to say “Now, look, I know it’s a great question, and y’all — and I don’t blame you for asking it. But you know the moment I answer that question, the headline in every one of your papers will be about that.”

Not content to leave it at that, days later Biden went on to say that the voters don’t deserve to know his position, complained that questioners were “probably Republicans” and in any event Trump’s nomination of Amy Coney Barrett for the Court was “non-constitutional”.  The assertion that the President doesn’t have the Constitutional authority to nominate someone for an empty seat on the Court is simply astonishing, even by Biden standards. 

So now we have a situation in which the allegedly “moderate” Democratic Presidential nominee (1) refuses to respond to questions about Court packing, a threat made by his own party, and a truly fundamental issue; (2) complains that if he were to answer the question reporters would write about it, and (3) claims to believe that the President’s nomination for an empty Court seat is “non-constitutional”. 

In the meantime the left wing of the  Democratic Party is chomping at the bit to pack the Court, end the legislative filibuster, add Puerto Rico and the District of Columbia as states and end the electoral college. All of this is for the purpose of transforming America into a one party state run by leftist ideologues.

Some discerning voters are curious to know what Mr. Biden thinks about all this. And up until now, Mr. Biden has made it clear that he has no intention of telling them. 

Let us remember that a couple of short weeks ago, Mr Biden, in a burst of Trumpian grandiosity, proclaimed himself to be the Democratic Party. So why won’t the alleged moderate who is supposedly the personification of the Democratic Party unequivocally state his position on a matter that goes to the very foundation of the American republic? Perhaps it is because he is an institutional wrecking ball. Or maybe, just a coward.

JFB

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The Virginia Senate Race

Before being elected to the US Senate in 2008, Mark Warner (D. VA) served as governor of Virginia from 2002 to 2006. In 2014 ran for a second term against Republican Ed Gillespie, winning by just under 1% of the vote. During that race Senator Warner vowed not to run again. 

Needless to say, Senator Warner is running for a third term.

This time Warner is running against Republican nominee Daniel MacArthur Gade. A retired lieutenant colonel, Gade lost his right leg in the Iraq war where he served as a tank company commander. He is a graduate of West Point and has both Master’s and PhD degrees in Public Administration from the University of Georgia. Prior to securing the Republican nomination for the Senate, Gade worked as Professor of Practice at American University in the School of Public Affairs. 

Gade is no slavish follower of Donald Trump. In his October 3 debate with Warner at Norfolk State University he openly criticized Trump’s response to a question on white supremacy. In the Senate debate he said “If you are a white supremacist and you are watching — I don’t want your vote. I don’t want your money, and shame on your attitudes and disrespect. Now, the president badly fumbled that question.” 

He has also called on fellow Republicans to join him in support of social justice for African American citizens. Importantly he makes a distinction between thought and action. He argues that racism is an internal belief; that it is not a domestic security threat unless it is acted upon. Senator Warner on the other hand believes (or pretends to believe) that the US is systemically racist. In response to a question he said “So do I think systemic racism exists? I do,” adding pointedly, “Black lives matter.”

Gade is a self-described conservative. He is strongly pro-life; is adamant about protecting religious liberty, does not support taxpayer forgiveness of student loans and is opposed to taxpayer funded education through college. He does not believe it is up to government to provide an income; nor is it a governmental responsibility to make sure everyone has health insurance.  He is a strong defender of property rights and the free market system. 

All in all it is fair to describe Dr. Gade as the type of conventional conservative that dominated the Republican Party during the Reagan era. 

On the other hand it is also fair to describe Senator Mark Warner as hewing closely to the party line. He is a typical abortion rights fanatic. He supports abortion on demand and is a co-sponsor of S.1645 which, if enacted, would invalidate nearly all state and federal restrictions on abortion. He also voted against confirming Justices Neil Gorsuch and Brett Kavanaugh to the Supreme Court. 

In general Senator Warner is a conventional businessman turned politician. He isn’t a member of the wild eyed crowd populated by the likes of Elizabeth Warren and Bernie Sanders. But he is not about to lift a finger to protect liberty either. That is the crucial difference between challenger Gade and Senator Warner. Warner is a technocrat; Gade understands the importance of liberty. And that, in the end, is why Professor Gade is going to get my vote. 

JFB

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Reason TV on Judge Amy Coney Barrett

As the leftist hysteria continues to mount on Donald Trump’s nomination of Judge Amy Coney Barrett to the Supreme Court, it may be a good idea to take a look a the libertarian perspective. Here below is a short video from Reason TV that provides such a look.

Reason TV on Judge Amy Coney Barrett

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Judge Amy Coney Barrett

The Party of Science is about to make yet another spectacular display of its rampant anti-intellectualism as it gears up to contest the nomination of Judge Amy Coney Barrett to the Supreme Court. Among other things, we are told that Judge Barrett should be denied a seat on the nation’s highest Court because she has 7 kids, 2 of whom are non-white adoptees from Haiti. Trans racial adoption is supposedly evidence of racism. Then again, for progressives, everything is evidence of racism of one sort or another. 

One Democratic operative went so far as to insinuate (without evidence as CNN loves to report about Donald Trump) that Judge Barrett and her husband may have illegally spirited the 2 children in question out of Haiti. Dana Houle, a Democratic operative, recently tweeted that “[He]… would love to know which adoption agency Amy Coney Barrett and her husband used…Some adoptions for Haiti were legit. Many were sketchy as hell. And if the press learned they were unethical and maybe illegal adoptions, would they report it? Or not bc it involves her children.” 

Needless to say the airwaves haven’t been full of progressive objections to this sleazy innuendo. 

We have also been treated to attacks on Judge Barrett as being emblematic of the submissive women in Margaret Atwood’s dystopian novel the Handmaid’s Tale. This despite the fact that she graduated #1 in her class at Notre Dame Law school, served as executive editor of the Notre Dame Law Review, served as a clerk for Justice Antonin Scalia, served as a tenured Professor at Notre Dame Law school where she was awarded the Distinguished Professor of the Year 3 times, and despite the quality of her academic publications as well as her signed opinions as a federal appeals Court judge on the 7th circuit. 

Judge Barrett’s long publication record will be used —misused actually—to distort her positions on legal and political questions. Then again it is important to understand that truth is of little importance to Judge Barrett’s progressive opposition. Their goal is to make the confirmation vote as costly as possible for Republicans. Their chosen tactic will be to smear the Judge and her family with personal attacks on her religious beliefs and her policy preferences, and then imply that the Judge will use her position on the Court to impose those beliefs on the nation. 

The irony in this is obvious. It is progressive justices who have done precisely that, arguing that the Constitution is a “living breathing” document; apparently believing it is a document only capable of breathing progressive doctrine. And here it is worth considering what Judge Barrett has actually said and written.

For example, when during her 2017 confirmation she was queried about if and when it would be proper for a judge to impose her personal beliefs when applying the law, this is how she responded. (See The Washington Post).

“Never. It’s never appropriate for a judge to impose that judge’s personal convictions, whether they derive from faith or anywhere else on the law.” 

This is where the rubber meets the road. Progressives and Democrats are united in their opposition to Judge Barrett precisely because she actually believes and acts in a way that progressives only pretend to. The proof is in the campaign against her. Progressives argue that she “will take your health care away”, that she will “restrict abortion rights”, that she has had the effrontery to write that 2nd amendment rights are not second class rights, and that she will not show sufficient deference to a bureaucracy dominated by progressives. 

These are all complaints about preferred policy outcomes; they are not legal arguments. Courts are not supposed to be super legislatures. Ruling on the law as written is what judging is supposed to be about. In a democracy changing the law requires gathering the votes to do so. The more important the change, the larger the required margin. That requires using powers of persuasion to develop a legislative consensus.  

That is why Amy Coney Barrett is such a threat to the control freaks who call themselves progressives. By adhering to the law as written, she respects the structure of the U.S. government as it was founded, with its checks and balances designed to allow a functioning democratic government while protecting individual people’s “unalienable rights” from the majority’s passions of the day. 

She should be confirmed without delay. 

JFB

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California’s Wildfires

Despite the apocalyptic rhetoric of environmental alarmists, the destructiveness of the raging wildfires in the Pacific Northwest are primarily the result bad policy–not climate change. See the short video below on the subject.

Bad policy is primarily to blame

JFB

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The Left Wing Embrace of Violence

“If they even TRY to replace RBG we burn the entire fucking thing down”. 

Reza Aslan.

For those lucky enough not to know who Reza Aslan is, he is a Professor of creative writing at the University of California, Riverside; an author of 4 books on religion including No God but God, a member of the American Academy of Religion and a member of the National Iranian American Council. 

Wikipedia lists his citizenship as Iranian-American despite the fact that there is no such category. Furthermore Iran does not permit dual citizenship at all, and the US. does not recognize dual citizenship of Iran and the United States. Ironically, the scholar who promises to “burn the entire fucking thing down” is the author of Beyond Fundamentalism: Confronting Religious Extremism in the Age of Globalization

Perhaps Professor Aslan should consult his own book before going on another Twitter rant.

In his review of the book, John Meacham writes “It is Aslan’s great gift to see things clearly, and to say them clearly, and in this important new work he offers us a way forward. He is prescriptive and passionate, and his book will make you think.” The LA Times wrote “Aslan is not only a perspicuous, thoughtful interpreter of the Muslim world but also a subtle psychologist of the call to jihad.”

The Washington Post writes that Aslan’s book “Offers a very persuasive argument for the best way to counter jihadism.”According to New Yorker, his book represents “[A] thoughtful analysis of America’s War on Terror.”

Well. Aslan is clear, but I would hardly characterize his outburst (on Twitter of course) as subtle or thoughtful. Unfortunately, remarks like Professor Aslan’s are not all that unusual these days. The turn to violence has become increasingly common as small minded “activists” have foregone debate in favor of intimidating and silencing those with whom they disagree, a phenomenon increasingly prevalent on the nation’s campuses. 

While this is being glossed over, progressive media cheerleaders have spotted intimidation by Trump supporters in Fairfax Virginia. The New York Times reports that supporters of President Trump showed up at the Fairfax County voting center, waved flags and signs and chanted 4 more years. The Times noted that election officials said that the group stayed 100 feet from the building’s entrance and were not directly blocking access to the building, contrary to social media posts. 

Nevertheless, Democrats and their cheerleaders in the press made the case that Trump supporters were using tactics of disruption and intimidation. At this point it is worth examining the photo that the Times ran to see the alleged voter intimidation in action.  

Photo Credit: Kenny Holston for the New York Times

Here is a photo of six—count ‘em—six middle aged people, two of them women. Four are holding banners, one has his hands in his pockets and one has his arms folded across his chest. They are standing at a reasonable distance from the voters on line, who are busy ignoring them as they wait to vote. This is hardly a picture of what what any reasonable person would call intimidation. 

But the riots that have engulfed Seattle, Portland and other cities are routinely characterized as “mostly peaceful”. All in the service of the narrative. And so it is hardly a wonder why so many media outlets have lost so much credibility.

JFB

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The Many Absurdities of 2020

Pennsylvania is one of 8 states that chooses its Supreme Court justices by election. Both the Democrats and Republicans nominate candidates; third party nominees are occasionally on the ballot as well. Election winners are placed on the Court for an initial 10 year term. In 2015 Democrats won 3 open seats and flipped the partisan make-up of the Court. 

One year ago the Pennsylvania state legislature passed and Democratic Governor Tom Wolfe signed an election bill specifying that mail-in ballots must be received by 8:00 PM on election day. The State Supreme Court apparently had other ideas. On Thursday, despite the clear language of the law, they extended the deadline for the return of ballots to the following Friday—which is after the election has already happened. In other cases they ruled that mail-in ballots could be returned to drop boxes (apparently obviating the need for post marks) and knocked the Green candidate off the ballot this November. 

This is obviously a recipe for chaos. And it is clearly designed to assist Democrats in what is widely expected to be a close contest in a critical state. Democrats who keep complaining about the Trump Administration’s contempt for the rule of law have remained remarkably quiet about the Court’s partisan attack on just that. 

Freudian Slips

Meanwhile on the campaign trail Kamala Harris referred to a “Harris Administration”. The nominal head of the ticket, Joe Biden, referred to a Harris / Biden Administration. So for all those who think that Biden is both “moderate” and in control…Dream on.  

Kamala Harris
Joe Biden

Political Accountability

We hear a lot these days about how the Trump Administration is violating the independence of executive agencies and in the process threatening “our democracy”. Of course everything that leftists don’t like threatens “our democracy”. And it remains the case that in what is left of our Constitutional system, the executive agencies and their officers are subordinate to the elected President, derive their powers from him and report to him. It is called political accountability. 

So let’s conduct a thought experiment on political accountability by asking a question. When are Mayors of big American cities going to announce that going forward, their police departments are going to be independent and not answerable to elected officials? 

A Final Thought

Q. What is the proper course of action when the two major political parties nominate repulsive candidates?

A. Vote for a third party. 

JFB


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The Sociology of Mobs

The video below, published by Reason Magazine, provides some insight into what is going on in Portland, particularly with respect to the motivations of participants.

from Reason Magazine

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Biden Against Violence. Sort Of.

Former Vice-President Joe Biden is about to unleash a huge ad buy  decrying violence in general, but not in particular. The reason is obvious.  Polling indicates that he is being hurt in swing states where support for Black Lives Matter has plummeted as a result of months of violence BLM unleashed. Further, despite heroic efforts of the mainstream media to obfuscate the facts,  the violence is largely a left wing affair, aided and abetted by Progressive Mayors. Up until this point the Mayors have refused to enforce laws designed to protect people and property from just the sort of violence that has become a daily occurrence in some American cities. 

Conveniently enough, the Biden campaign, along with its media allies, has pivoted to blaming the violence on Trump and white racists. “Without evidence” as CNN is fond of saying. Well, take a look at the video below of “protesters” below chanting “Death to America” Iranian style and count the MAGA hat wearers among them. It won’t take long because there aren’t any. 

Critics of the Mayors’ response (or lack of it) to the chaos have correctly pointed out that the cities engulfed in violence have been governed overwhelmingly by Democrats for generations. Hilariously enough, the New York Times has rushed into the battle with a front page story saying, well yes, it is true enough that the cities have been run by Democrats but…Mayors, unlike the President, don’t have sufficient power to prevent the violence and in any event Republicans abandoned the cities ages ago. 

Where to begin. 

Let’s start with this. Law enforcement is essentially a local affair. Mayors have the responsibility to direct police priorities. Some actually are directly in charge of police departments. To insure political accountability, most of them appoint the senior management (e.g.— like the Police Commissioner). And as for power, New York City has over 35,000 uniformed officers, making it larger than the standing Armies of most countries. But by and large the Mayors, including New York’s de Blasio, have ordered the police to stand down. In addition plenty of the Mayors have rejected federal law enforcement aid. Nancy Pelosi went so far as to refer to federal law enforcement officers as “storm troopers”. The idea that Mayors in the United States lack sufficient authority or resources to prevent the violence is simply ludicrous on its face. 

Then there is the charge that the problem is that the Republicans have abandoned the nation’s urban areas. Or as the Times notes with a straight face

“…if cities have become synonymous with Democratic politics today, that is true in part because Republicans have largely given up on them. Over the course of decades, Republicans ceased competing seriously for urban voters in presidential elections and representing them in Congress.

“Republican big-city mayors became rare. And along the way, the Republican Party nationally has grown muted on possible solutions to violence, inequality, poverty and segregation in cities.”

It takes a level of duplicity that is simply astounding for the Times to complain that there are few, if any, big city Republican Mayors. The very prospect of an actual Republican Mayor, particularly in New York, is enough to send the paper’s editorial board into periodic convulsions of fear and loathing. True enough the Times endorsed Michael Bloomberg in 2005, a nominal Republican. But the party label was a mere convenience for Mr. Bloomberg, evidenced by the fact that he abandoned the Republican Party after a few years and went on the run for the Democratic Presidential nomination.   

The Times did endorse Republican Rudy Giuliani for a second term, basically because his rival Ruth Messinger displayed breathtaking incompetence; not because they agreed with his policy stances. You have to go all the way back to 1965 to find another Republican Mayoral endorsement. That would be John Vliet Lindsay, who like Bloomberg, eventually abandoned ship and ran unsuccessfully for the Democratic Presidential nomination in the 1968 cycle. 

The Times isn’t really interested in Republican policy proposals for cities, unless they have all of a sudden decided they are in favor of, say, school choice. What they really want is for the occasional nominal Republican to run as long as said Republican advances the policy objectives of the Democratic Party. 

Let’s be clear about what is going on here. The Democrats are caught in a vise. The radical left that increasingly controls the party’s agenda is sympathetic to the rioters. But the people who used to be rank and file Democrats, “the deplorables” as Hillary Clinton called them, are so unenlightened that they don’t relish having their houses and businesses burned down in the name of social justice. So Biden is trying to square the circle by decrying violence in general, while pointing at right wing racists, in a delicate effort to assuage all elements of his coalition by carefully avoiding saying anything of substance. 

Will it work? Who knows? It could. It is certainly a cynical enough strategy.

JFB

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Truthful Lies

Sometimes lies tell the truth, however inadvertently. 

Ever since May when George Floyd was killed while in police custody there have been waves of protest in America’s cities, often spilling into violence. The violence has not been random and sporadic. It has typically been orchestrated by professional agitators, often by ANTIFA and the more radical members of Black Lives Matter (BLM).  

Up until just recently, Mayors of cities under siege have displayed a remarkable tolerance for the violence, arson and anarchy unleashed in the cities they nominally govern. The political calculus driving this has two prongs. First, the chaos would likely redound to the benefit of Joe Biden thereby making the task of beating demon Trump all that much easier come November.  Second, the Mayors, Progressives all, were (and are) sympathetic to the protesters who are becoming increasingly hard to differentiate from the rioters. 

The whole while, Progressive politicians who kept insisting on the importance of the rule of law, refused to enforce basic laws on the books designed to protect citizens and their property. The truth, made manifest by their behavior, exposed the lie of their devotion to the rule of law. 

Some polls have begun to suggest that the public has had enough. One recent poll, taken shortly after the Republican convention, shows Biden a mere 2 points ahead of Trump, well within the margin of error. In addition, the Trafalger Group (an outlier) who called key races in 2016 and 2018 correctly when others got it wrong, says that Trump is only a half-point behind Biden in Minnesota and slightly ahead in Michigan and Wisconsin. 

In the meantime the mainstream press studiously avoided the violence for months, insisting that there was “nothing to see here” and that the  demonstrations were “mostly peaceful”. Now they have changed the script. It turns out that there is a problem with violence after all, and that it is all the fault of—Donald Trump. Of course, Trump’s narcissistic insistence that everything is all about him, all the time, makes the job that much easier. 

Then there is the matter of the apparent murder of a Trump supporter in Portland, Oregon during another night of “non-violent” protest. The apparent shooter is a man named Michael Forest Reinoehl, a self-identified “anti-fascist”.  Among other things he wrote: 

“I am 100 % ANTIFA all the way! I am willing to fight for my brothers and sisters! … We do not want violence but we will not run from it either! … Today’s protesters and antifa are my brothers in arms.”

Shooting in Portland

So about those lies that tell the truth. The lie that tells the truth is that the Democratic Party is run by moderates who wish to return to normalcy. That is manifestly not so. If that were actually true they would have taken action long ago to confront the rioters and restore order. Maintaining order is, after all, a local responsibility and the Mayors of America’s large cities are overwhelmingly Democratic. Actions speak louder than words. 

Now that the violence is being directed against them, some of Mayors seem to be having second thoughts—kind of like Robespierre most have had on his trip to the guillotine. Portland Mayor Ted Wheeler can not have been happy last night when the rioters set an occupied apartment building on fire, apparently because they thought he lived there. 

The Democratic Party, now in the process of being taken over by Jacobins, has no institutional desire to return to normalcy. That is merely a cover and a transparent one at that. These modern day Jacobins mean to transform America and its liberal institutions in the service of a radically illiberal and utopian left-wing ideology. The Democratic Party has simply become an empty vessel waiting to be filled by Progressives so they can get on with the transformation. The truth is that these radical Progressives are so full of hatred for freedom that they are willing to tolerate, if not celebrate violence so long as it serves a tactical purpose in the quest for power.    

The final truth embedded in the lies may be revealed by the difference between real votes and those cast by ballot. An individual ballot, despite all the hysterical rhetoric, has virtually no practical significance. But voting with your feet has very real significance for the voter / mover.  Moving to a new locale is probably a much better indicator of what someone really thinks. 

By all reports there has been a torrent of wealthy and upper middle class migration out of the major cities and into the suburbs and smaller secondary cities. Undoubtedly some of this has to do with COVID-19 and the widespread adoption of working from home. But at least some is attributable to the unrest and increased incivility of the big cities. That could presage a much larger change than the results of this November’s elections. 

JFB 

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