Update no.1109

 Update from the Sunland

No.1109

10.4.23 – 16.4.23

Blog version:  http://heartlandupdate.blogspot.com/

 

To all,

 

The follow-up news items:

-- The two Tennessee state representative— Justin Jones and Justin Pearson—expelled by the fBICP-dominated House [1108] have been reappointed by the district governing bodies as interim representatives until the special election is held later this year. I can only say, how appropriate is that! Further, I expect both of them to be reelected by their constituents, as they collectively thumb their noses at the fBICP leaders in the House. The expulsion was a very foolish move.

-- Here is a really rich one! In the just now unfolding case of New York v. Trump [1107], we have this news item:

“Andy Biggs wants to block Manhattan prosecution of Donald Trump”

by Ryan Randazzo

Arizona Republic

Published 11:59 a.m. MT April 13, 2023

https://www.azcentral.com/story/news/politics/arizona/2023/04/13/rep-andy-biggs-bill-would-block-new-york-prosecution-of-trump/70111770007/

This is Biggs being the devoted and loyal lieutenant defending ihr Anführer in Congress. For those who may not follow legislative affairs, Biggs has introduced two bills to his objectives—the No Federal Funds for Political Prosecutions Act and the Accountability for Lawless Violence In Our Neighborhoods Act (ALVIN Act). I do not expect either bill to make it through even the fBICP House, set aside the Senate, and I cannot imagine President Biden signing such blatant judicial interference and intimidation legislative act(s) from Congress. Biggs seeks to use the instruments of State to defend ihr Anführer, and he seek to intimidate Manhattan district attorney Alvin Bragg. We need to keep an eye on this one.

 

On Friday of last week, Judge Matthew Joseph Kacsmaryk of the U.S. District Court, Northern District of Texas, Amarillo Division, issued his ruling in the case of Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration [USDC ND TX Amarillo Div. case no. 2:22-CV-223-Z (2023)], in which he banned the medicine Mifepristone—also known as RU-486 or Mifeprex. I intended to offer my assessment of the 67-page judicial pronouncement, but I have already wasted too much of my precious time, and I will not waste yours. Let if suffice to say that this ruling is blatantly biased personal opinion in the guise of scholarly jurisprudence. 

Kacsmaryk cited the 1873 Comstock Act {An Act for the Suppression of Trade in, and Circulation of obscene Literature and articles of immoral Use [Federal Anti-Obscenity Act of March 3, 1873] (AKA Comstock Act) [PL 42-III-258; 17 Stat. 598 (3.3.1873)]} to justify his opinion. He wrote, “The Comstock Act declares ‘[e]very obscene, lewd, lascivious, indecent, filthy or vile article, matter, thing, device, or substance’ to be ‘nonmailable matter’ that ‘shall not be conveyed in the mails or delivered from any post office or by any letter carrier.’ 18 U.S.C. § 1461.” The problem is all those words in the law are subjective—in the eye of the beholder. The subjectivity of such laws is precisely why they are wrong. It is not incumbent on the government (at any level) to determine, establish, or enforce morality. Kacsmaryk mounts fallacy upon fallacy and called a judicial ruling.

When Dobbs v. Jackson Women’s Health Organization [597 U. S. ____ (2022)] [1068] eliminated a woman’s fundamental right to privacy up to the point of “quickening” protected by Roe v. Wade [410 U.S. 113 (1973)] [319], SCOTUS reactivated the deep intrusion of the federal government into the private lives and freedom of choice of Americans citizens—female and male. Kacsmaryk never mentions a woman’s fundamental right to privacy, not even a hint or one word. It is so bloody easy when you consider as women second-class citizens, or worse not even citizens.

Kacsmaryk has used highly selective citations of the law to justify his personal opinion and made it appear to be scholarly jurisprudence to impose his opinion on every man, woman, and child in this once grand republic. What we see in his performance is the reason social conservatives will be running to Amarillo, Texas, in their vain attempts to  hold onto their dictation of morality and social strictures.

Kacsmaryk also cites cases of medical malpractice as further rationale for banning the drug. It is also another piece of evidence on the judge’s single-minded focus despite civil issues never mentioned and the broader impact on the majority of women who have successfully used the medicine without complication. I truly appreciate that Kacsmaryk does not approve of abortion is any form, at any time, for any reason. I do not like the medical procedure either, and I wish there was no reason for the procedure to be used . . . ever. However, I have no right, no authority, no moral basis to make that decision for a woman. Judge Kacsmaryk has that authority in part, but he is absolutely, categorically, and emphatically wrong to use that authority to further his personal choices. He has no right! Whatever mistakes, malpractice, or abuses have occurred or will occur should be dealt with properly with existing administrative and judicial processes.

As you read Kacsmaryk’s ruling, you are left with the impression that RU-486 had never been used successfully or properly and was otherwise a dangerous medicine that the FDA inflicted on an unsuspecting public. Everything negative is amplified, and there is nothing positive associated with the drug. He even throws in a little descriptive scene of the ugliness of abortion to trigger a negative emotional response, not to further the judicial process.

I have read more than a few judicial pronouncements over the years. It is very rare to read a judge’s rationale and ruling that is so clearly and unashamedly biased. Kacsmaryk offers no attempt at balance to achieve blind justice. He uses the plaintiffs’ sources to present the best negative picture he can muster up to justify his decision and opinion. Kacsmaryk does his level best to mask his highly biased personal opinion in the trappings of proper judicial scholarship, but he fails since he makes no attempt to achieve balance. Of course, there are “adverse events related to chemical abortion drugs.” There are adverse events associated with every medicine used including aspirin and penicillin. He cites these jaundiced anecdotes to build his rationale to impose his will on all citizens.

The political and social conservatives used to scream about judicial activism and legislation from the bench when they disapproved of the rulings. In Kacsmaryk’s Alliance v. FDA pronouncement, we have the ultimate in judicial legislation to this point in history.

We are all entitled to object, complain, or resist actions by the FDA, the FBI, the SEC, the Judiciary, or any other governmental agency who we disagree with or we believe is flat wrong. What are not entitled to do is take matters into our own hands. We are not vigilantes! Judge Kacsmaryk performed as a vigilante in his ruling in Alliance v. FDA. We have processes to deal with mistakes or errors in judgment. What Kacsmaryk did was substitute his opinion via his authority as a federal judge for the established processes. He placed himself above the law. He was wrong and deserves a hard smackdown for his transgression.

 

To give everyone a clue as to how bad the conduct of Arizona State Representative Liz Harris of Chandler is, the fBICP-dominated Arizona House voted to expel her from the legislature by a vote of 46-13. Harris has been and remains a conspiracist, a QAnon believer, an election denier, and a fBICP member (or at least she was). Harris was too wild even for the fBICP / MAGA bunch. What could be so serious for 18 Republicans to join the Democrat members to vote for Harris’s expulsion, you may ask? Harris invited one of her fellow travelers to testify before the joint House and Senate Election Committee hearing in February (go figure). The House Ethics Committee decided that Harris’s actions had brought “disrepute and embarrassment to the House of Representatives,” resulting in “disorderly behavior.” At the time of her expulsion, Harris had been an elected representative for District 13 for just four months.

Just to preface what I am about to write, I must say there are bad men (and women) among all politicians of all political parties, all nationalities, of all ideological persuasions. Money corrupts marginal men. Bad men are already deeply corrupted. As such, it is difficult to point an accusatory finger at the contemporary MAGA bunch . . . but OMG! Liz Harris is hardly alone. She has many kindreds spirits and brethren, even more than a few women—Margorie Taylor Greene, Lauren Boebert, Debbie Lesko, Kari Lake, et al, and that is just the obvious women. The men are too many to list here but I think the casual reader will get the point. These are so-called Republicans, or at least that is what they used to call themselves. Liz Harris deserved to be expelled . . . after only four months of ‘service.’ And so it goes!

 

Comments and contributions from Update no.1108:

Comment to the Blog:

“I also see Tiny as a flight risk, but all of this is still “justice delayed is justice denied”. Also, no gag order yet. I agree that the U.S. has a far broader issue than Tiny, and I see it as more important.

“Mr. Montini is wrong for exactly the reasons you give.

“It’s not only Arizona and Tennessee. It’s all the States, although they’re not getting results in all of them yet.”

My response to the Blog:

I searched for but have not yet found whether Judge Merchan impounded Tiny’s passport. I sure hope he did, but I have found no indication either way. An opinion article speculated whether he would return to New York for the hearings and trial. You are, of course, quite correct . . . “justice delayed is justice denied.” Yes, precisely, Tiny is only a symptom like Nixon, and we must deal with his transgressions in accordance with and to the fullest extent of the law, not so much to punish Tiny and his minions, but for history, for the future. We must never again be asked to endure the abomination of his misbehavior.

Given Montini’s opinions on a wide variety of other topics, I was surprised, if not shocked, to read his opinion advocating for a pardon of [the person who shall no longer be named]. Regardless, these things are not within the sphere of our control.

Quite so. The phenomenon is endemic especially in states dominated (for now) by the fBICP MAGA bunch. We must be ever vigilant, and we must encourage everyone around us to vote.

 

Another contribution:

“Good morning young man over there in your peaceful democratic land.

“I haven’t heard you mention ‘Tiny’ before, is this a description of his snake oil skills or others that we haven’t as yet witnessed.

“Well we all have problems in government-you know my views on politicians-apart from a few they are there for their own benefit i.e. to gain personal advance regardless of the methods and procedures. They need to be moved on.

“You all my friend are entering a period of great political instability, one that is fortunately rare in our societies but not unknown.

“You will and must pull through this-we live in a dangerous world currently, a world that needs sound guidance and stability, a world that needs the soundest of leadership skills and decision making. Those that cannot make that mark must be removed to other less comprehensive and detrimental tasks.”

My reply:

Sarcasm noted. LOL We are quite the chaotic and tumultuous nation, at the moment, aren’t we.

“Tiny” is a nickname given to [the person who shall no longer be named] by none other than the famous Stormy Daniels based on their intimacy in 13/16.July.2006. The nic seems quite appropriate for that man, and I trust Stormy Daniels far more than I do [the person who shall no longer be named]. His worthless snake-oil elixir salesmanship is quite separate from Stormy Daniels intimate observation.

Quite so! Democracy is a very messy and disorderly form of governance. In discussions on this particular topic, I am constantly reminded of Sir Winston’s famous observation.

“Many forms of Government have been tried, and will be tried in this world of sin and woe. No one pretends that democracy is perfect or all-wise. Indeed it has been said that democracy is the worst form of Government except for all those other forms that have been tried from time to time.”

Winston L. S. Churchill, 11.November.1947

Politicians are flawed, as we all are . . . some more than others. We must endure and overcome those deeply flawed men. The two worst of their common flaws is the seduction of power and the corruption of money.

We have been in a rather unstable state since the genesis of the contemporary Tea Party in the 90s. The radical conservative movement burgeoned in 2009 upon the inauguration of President Obama (I think we all know why). As the consummate huckster, conman, snake-oil salesman, swindler, Tiny saw the path to the ultimate grift (bilking citizens of millions of their dollars). We will remain unstable as long as his believers buy his schtick and allow him influence over their actions.

This once grand republic has overcome and grown from many difficult times and challenges. I have faith we will eventually overcome this time of trial and transition. It will just take time and perseverance.

 

My very best wishes to all.  Take care of yourselves and each other.

Cheers,

Cap                  :-)