Daily Archives: 12 May 2022

Dodging a Bullet

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Think about the continued protests by abortion activists outside conservative Supreme Court Justices’ homes, protests nakedly intended to force those Justices to change their alleged votes on Dobbs v Jackson Women’s Health Organization, votes which might aggregate into significant alteration, if not reversal, of the Court’s prior ruling in Roe v Wade.

Keep in mind that those…protests…are intended to achieve their goal by terrorizing the Justices and, especially, their families.

Keep in mind, also, that both of those—protests to intimidate court officials into producing a particular outcome to a case, and terrorizing the targets of those so-called protests—are plainly illegal:

Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty, pickets or parades in or near a building housing a court of the United States, or in or near a building or residence occupied or used by such judge, juror, witness, or court officer, or with such intent uses any sound-truck or similar device or resorts to any other demonstration in or near any such building or residence, shall be fined under this title or imprisoned not more than one year, or both.

The press is rife with videos of the protests and of the protestors. The protestors are easily identifiable in those videos. There are police present whose bodycams also would provide ample identification capability regarding those protestors.

The Department of Justice, though, is studiously silent and determinedly inactive on the matter. No arrests have been made. No indictment proceedings have been initiated. No one has been brought before a judge for arraignment.

Attorney General Merrick Garland is simply refusing to do his job and enforce the law.

We dodged a bullet when we managed to avoid having Garland on our Supreme Court. Imagine the destruction to law, to order, this man could have inflicted on our nation had he gotten that lifetime appointment. He’s being destructive enough in just one year and will wreak plenty of additional havoc on rule of law over his four-year term.

One Way to Make the Question Moot

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The US 5th Circuit Court of Appeals is hearing a case concerning whether the President personally has the authority to suspend new oil- and gas-lease sales. The particular case centers on climate change concerns as the rationale, but the authority is much broader than that, or it’s non-existent.

The State plaintiffs argue that

a 1987 law dictating the ways in which oil and gas leases will be sold stipulates that a sale must be held at least four times annually in states with eligible land. … “…President Biden put his campaign promises above federal law: By executive fiat, he halted oil and gas leasing on federal lands.”

President Joe Biden’s (D) government employee lawyers argue that

the US president is not an “agency” and therefore not subject to the Administrative Procedure Act.

Biden’s argument strikes me as a frivolous quibble, and the States should win, with the Appellate court upholding the district court’s ruling that, in essence, in this sort of context, a President is, too, an “agency,” and so he has no such authority.

The question can be made non-existent in future, though, with a straightforward fix (however politically difficult it might be to enact): at least on Federal property, make oil- and gas-leasing and -permitting a will-issue matter with licensing requirements, including environmental questions and leasing costs, explicitly barred from being used as barriers to leasing and permitting.