July 9, 2015

Mass Resistance: DeWine Can and Should Demand Same-Sex ‘Marriage’ Ruling Be Thrown Out Over Ginsburg’s and Kagan’s Failure to Recuse Themselves

Filed under: Activism,Taxes & Government — Tom @ 11:59 pm

The folks at Mass Resistance, who have been fighting the good fight for well over a decade, make great points which, in normal times, would win the day in a court of law.

But these aren’t normal times, and their strategy is at best a longshot. Even so, does Mike DeWine have the courage to at least try what they have suggested? His reaction in the wake of the June 26 same-sex “marriage” ruling provides no comfort.

What’s there to lose? Really nothing.

What’s there to be afraid of?

John Kasich’s anger, because the attempt might affect his presidential aspirations? Too bad, so sad.

The effect on DeWine’s possible gubernatorial aspirations? Seems like he’d finally be a hero instead of a near-pariah to the hundreds of thousands, if not couple of million, of Ohioans who are so sick of the political process — because nobody stands behind their beliefs — that they gone into apathy.

It certainly couldn’t hurt to give 5 minutes to telling Mike DeWine to find a pair and get aggressive if he really thinks legalizing same-sex “marriage” is a mistake:

Ohio Attorney General Mike DeWine: 800-282-0515
Email: mary.mertz@ohioattorneygeneral.gov  (his assistant)

Tell him: “File the motion for a Supreme Court re-hearing!”
Let him know that if he capitulates on “gay marriage” he can expect your opposition in any political race he runs in again.

Please tweet this out on your Twitter account (copy and paste):
@OhioAG please file a Motion for Rehearing Obergefell v. Hodges immediately! #nullifySCOTUS http://hrefshare.com/8b3cd

Here is the Mass Resistance argument:

SCOTUS re-trial on marriage issue? It’s possible if GOP doesn’t cave in.
ACTION info below!

POSTED: July 9, 2015

It’s not completely over yet. But a group of treacherous and cowardly Republican politicians are standing in the way. A new fight is on, and everyone’s help is needed.

Prominent pro-family figures, some GOP presidential candidates, and hundreds across the country are pressing Ohio Attorney General Mike DeWine to formally file for an appeal hearing on the US Supreme Court’s 5-4 “gay marriage” ruling handed down on June 26.

According to the Court’s published rules, within 25 days of a ruling a party can ask the Court for a “rehearing” of a case on pertinent issues that would merit an appeal. The issue of “merit” here is that Justices Kagan and Ginsburg – both of whom ruled “for” same-sex marriage — were clearly required by Federal law to recuse themselves from this case.

Kagan and Ginsburg’s actions and statements mandate recusal

The right of impartial court proceedings is the very basis of the entire American system of justice – from the lowest court to the Supreme Court. Thus, federal law 28 U.S. Code § 455 states:

Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.

During the year prior to the Supreme Court case, Justices Ruth Bader Ginsburg and Elena Kagan publicly performed same-sex “weddings.” At one such event, Ginsburg told people that the acceptance of same-sex “marriage” reflected “the genius of our Constitution.” Ginsburg also told Bloomberg Business News that she thought that Americans were ready for gay marriage.

Kagan’s aggressive advocacy for LGBT “rights” goes back to her years as Dean of Harvard Law School (2003-2009), and is thoroughly documented in our MassResistance report.

Supreme Court Justices are usually scrupulous in avoiding the appearance of impropriety. They regularly recuse themselves from cases based on relatively mundane issues, such as comments they’ve previously made, involvement by relatives in peripheral issues, and past employment. Kagan has recused herself from several cases involving the government because she served as Solicitor General. But this case clearly is very emotionally connected to the worldview of Kagan and Ginsburg.

If you’re on the home page, the group’s argument continues af the jump.

CNN, Others Go Light on Hillary’s ‘Not Subpoenaed’ Lie

One would think that a presidential candidate falsely claiming that she never was subpoenaed would be bigger news story than people in the opposing party criticizing that candidate after the fact for her obviously false statement. As Tim Graham at NewsBusters noted late this afternoon, that’s not the case. This post contains several more examples.

At CNN, the network’s own Brianna Keilar, who conducted the interview during which Hillary Clinton denied ever receiving a congressional committee’s subpoena for her work-related emails, “sharply criticized the Democratic presidential contender’s performance” for failing to answer several questions satisfactorily and for not even “engaging” when asked others. (So, Brianna, why didn’t you just keep re-asking until you got a decent answer, or, failing that, simply declare the obvious, i.e., “Okay, now that you haven’t answered that question, let’s see if you’ll answer this one”?) Despite Keilar’s disappointment, beat reporters Jeff Zeleny and Tom LoBianco at CNN.com went light on Mrs. Clinton, and highlighted Republican critics.


Cholesterol: The Dietary Analog to Globaloney

For six decades, dietiticians and doctors have insisted cholesterol is bad for you.

It’s not, and there have been consequences:

… why did carbohydrate consumption start to increase so rapidly in the 1960s? At least partly because of the advice to avoid meat and cheese. Obesity and diabetes are the price we have paid for getting fat and cholesterol so wrong.

How about a full, drains-up inquiry into how the medical and scientific profession made such an epic blunder and caused so much misery to people? Consider not just the damage that was done to people’s lives by faulty advice, but to the livelihoods of dairy and beef farmers and egg producers.

Over at Barrel Strength (HT American Digest via Ed Driscoll at Instapundit), there is an excellent comparison to “globaloney,” the ridiculous proposition that humans are primarily responsible for warming the planet (which hasn’t been warming for 18 years) and that only radical changes in how everyone lives directed and controlled by a centralized worldwide entity can save us:

RIP: The great cholesterol scam (1955 – 2015)

… The cholesterol scam bears a strong relationship to the anthropogenic global warming scam.

1) it is propagated by scientists on a non-scientific mission.

2) it is believed because it plausibly explains an observation (increasing global temperature [for a time], increasing heart attacks from smoking in the 1950s and 60s). It taps into large anxieties about too much wealth, too much happiness, in western societies. There must be sin somewhere, and the public is ready to flog itself in the cause of a secularized idea of God, uh, I mean Good.

3) the causal relationship is weaker than first supposed; the research is found to be sloppy, the facts have been fudged, subsequent studies do not fully support the original claims, nevertheless the orthodoxy is promulgated all the more harshly for being doubted.

4) by now, powerful economic and ideological interests have taken hold. They supply an ongoing source of funds and opinion to ensure the perpetuation of the alarm: in the case of cholesterol, the margarine industry, the pharmaceutical industry, and the medical establishment, and in the case of AGW, the tribe of bureaucrats and leftists who seek to control markets, whose god of Marxism had failed, and who needed a new god (Gaia) to justify their rule.

5) The skeptics who have patiently argued on the basis of facts that the science of each phenomenon was weak, are ostracized by the opinion establishments of medicine and global warming. Cranks, but the cranks are right and the orthodox priests and Levites are wrong.

6) Eventually, after fifty or sixty years, the subject of discussion just changes. In the case of cholesterol, the evidence gets weaker and weaker, and the problems caused by too much sugar consumption (obesity, diabetes), caused in part by people not eating enough fats and meats, reaches a stage where it can no longer be ignored.

7) the retreat of the orthodoxy is covered by a smokescreen of fresh concerns for some other catastrophe. No admissions of error or apologies for wrecked careers and following bad science are ever issued. Time flows on, bringing neither knowledge nor greater understanding of the role of folly in human affairs.

8) stages 6 and 7 have been reached in the cholesterol cycle; they are beginning in the anthropogenic global warming scam. Fifty years from now, there will still be clanking windmills in the North Sea, but whether they will be still linked to a power grid is less likely, and whether anyone will pay attention is doubtful. The lobbies that keep them there, however, will still exist.

The unfortunate difference is that “globaloney” has a vast array of statists and complicit media apparatchiks behind it, meaning that their chances of prevailing in their draconian policy prescriptions are much higher. It will be tougher to discredit, and even tougher to get an admission of error from anyone who has been in on the scam.

Predictive Comic Genius — The Politically Correct ‘Dukes of Hazzard’

Filed under: Activism,Taxes & Government — Tom @ 11:36 am

This comedy skit appeared six years ago (HT CainTV):

Initial Unemployment Claims: 297K SA; Raw Claims (304K) 6 Percent Below Same Week Last Year

Filed under: Economy,Taxes & Government — Tom @ 9:49 am

The jobs report crowded out a post on unemployment claims last week, though I noticed that they ticked up slightly to a seasonally adjusted 281,000.

This week, they went up again, somewhat significantly:


In the week ending July 4, the advance figure for seasonally adjusted initial claims was 297,000, an increase of 15,000 from the previous week’s revised level. The previous week’s level was revised up by 1,000 from 281,000 to 282,000. The 4-week moving average was 279,500, an increase of 4,500 from the previous week’s revised average. The previous week’s average was revised up by 250 from 274,750 to 275,000.


The advance number of actual initial claims under state programs, unadjusted, totaled 303,892 in the week ending July 4, an increase of 29,246 (or 10.6 percent) from the previous week. The seasonal factors had expected an increase of 14,396 (or 5.2 percent) from the previous week. There were 322,753 initial claims in the comparable week in 2014.

Last week’s seasonal adjustment factor was virtually the same as the same week in 2014.

But the factor for the week ended July 4 of 102.4 was quite a bit lower than last year’s 105.1, probably because July 4 was on a Saturday instead of a Friday. If last year’s factor had been applied to this year’s raw claims, the seasonally adjusted result would have been 8,000 lower, or 289,000.

Next week’s raw claims result for a full, holiday-free week of business would be telling. The seasonalized side won’t be, because the seasonal factor of 122.6, even though it’s comparable to last year, seems unduly high. Last year’s raw claims for the week after July 4 were 371K; if this year is even as high as 340K, we should start being concerned that business conditions are deteriorating. The seasonal factors seem to be a legacy from when U.S. automakers had extended plant shutdowns. These are no longer as frequent, and there aren’t as many employees involved.

Thursday Off-Topic (Moderated) Open Thread (070915)

Filed under: Lucid Links — Tom @ 6:05 am

This open thread is meant for commenters to post on items either briefly noted below (if any) or otherwise not covered at this blog. Rules are here.


10:30 a.m.: Australia’s economy has been beating expectations. That’s not surprising, since Tony Abbott, who is relatively conservative (his Liberal party is “liberal” in the original, freedom-loving sense of the word), is in charge.

Positivity: Man says smoke detectors saved his life

Filed under: Positivity — Tom @ 6:00 am

From Ft. Lauderdale, Florida:

Published On: Jul 03 2015 02:33:48 PM EDT Updated On: Jul 03 2015 07:15:00 PM EDT

Fort Lauderdale Fire Rescue officials are investigating a house fire that broke out Friday afternoon.

The fire was reported at a home at 2151 NW 29th Terrace.

A photo taken by Fire Rescue shows heavy smoke and flames coming out of the windows and roof of the home.

Roderick Thomas said smoke detectors saved his life, because he was sleeping when the first broke out.

He said he woke up after hearing the smoke detectors go off and got up to investigate.

He said he didn’t smell any smoke but walked around the home. He said he opened the door to his grandmother’s room, which was filled with thick smoke that pushed him back. The fire grew after he opened the door, forcing him to run outside quickly. …

Go here for the rest of the story.

1984 Column: Reagan as a Leader

Filed under: Taxes & Government — Tom @ 12:19 am

He certainly didn’t accept the “this is as good as it gets” crap the press was trying to feed the public in the late-1970s and early 1980s, which is the press is reviving as it sees the results of another damaging leftist administration:


The column is all the more remarkable because Reeves was and still is a card-carrying liberal who recognizes effective leadership when he sees it.