Daily Archives: 27 April 2026

Dangerously Naïve Assumption

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Matthew Continetti, in his Free Expression piece, had this early on:

Yet Democrats are looking at the wrong maps. They’re winning the gerrymander battle while losing the larger war for America’s future. Their state machines produce Democratic victories, but from a shrinking base. Their populations are fleeing high taxes and housing shortages for Republican strongholds. Nor are Democrats prepared for 2030, when the decennial census will realign national politics toward the GOP-friendly South.

As Continetti noted,

House Minority Leader Congressman Hakeem Jeffries (D, NY) threatened retaliation and summed up his party’s philosophy: “Maximum warfare, everywhere, all the time.”

But he missed the implications of that, and that miss falsifies his underlying assumption that the Census Bureau count and subsequent House Representatives reallocation will occur in the normal fashion. That’s a dangerous miss, but he’s not alone in making that naïve assumption. No one in the press is thinking about the effect on the Census Bureau of Progressive-Democratic Party victories in the next two elections.

When the Progressive-Democrats gain control of the House and possibly the Senate after the 2026 elections, retain House control and retain or gain the majority in the Senate while winning the White House in the 2028 elections, this is what Party will do. First, it will use its Senate majority, possibly as early as January 2027, to gain outright control of the Senate by eliminating the filibuster altogether. That’ll be bad enough, devolving us from the liberty-preserving republican democracy of our present government structure to the tyranny of popular democracy.

Next, they’ll rescind any requirement for voters to show ID in order to vote, and they’ll lift restrictions on who is allowed to cross our border and under what conditions. To prevent States like Texas from doing their own border enforcement, they’ll pack the Supreme Court in order to get the judicial rulings they want regarding immigration and voting rights.

Finally, they’ll use all of that to cement for generations Party control over the popular democracy they will have created: they’ll alter the rules of counting the Census Bureau is required to use to prevent just that Representative reallocation in order create and preserve their Electoral College advantage.

There’s one more step that will put a big, blue bow on it. Many of the Progressive-Democratic Party-run States are making agreements among themselves to have each State award its Electoral College votes to the Presidential candidate that wins the national-level popular vote. Interstate agreements or compacts are illegal without explicit Congressional approval of each agreement or compact attempted, per our Constitution’s Art I, Sect 10, Clause 3. The Party-run Congress will promptly approve those agreements.

Our nation faces nation-defining elections in 2026 and 2028. The futures of our children and grandchildren and their children and grandchildren depend on the outcomes of those elections.

Right Answer, Wrong Reason

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In 2023, Texas enacted its Senate Bill 4, which

makes illegal entry into Texas a state crime. It gives Texas law enforcement the authority to return illegal foreign nationals to a port of entry and/or arrest them for unlawful entry, among other provisions.

Governor Greg Abbott (R) justified the law on the basis of the Biden administration’s open borders policy which required Texas to act on its national Constitution Art I, Sect 10 obligation to resist the functional invasion that resulted. Progressive groups promptly sued.

Last Friday, the 5th Circuit upheld that law. That was the correct answer, but the court did it for the wrong reason, so the critical underlying question remains unaddressed.

On Friday, the court issued a 12-page ruling solely on procedural grounds, arguing the plaintiffs didn’t have standing to sue. It didn’t address the merits of the claims.

This ruling, avoiding as it does the constitutionally important question that was raised by the suit, is badly flawed. That question is this: does a State have the right (much less the obligation) to enforce its own border with another country when it believes the Federal government is not enforcing that same border, and material harm to the State and to its citizens result?

Chief Justice John Mashalll writing for the Court in 1803’s Marbury v Madison, made all judges’ obligations crystalline:

It is emphatically the province and duty of the judicial department to say what the law is.

To say what the law is, to speak up, not to avoid that duty by deflecting on procedural grounds.

That’s not to say judges should never consider questions of standing or other procedure; that way lies tons of fee-seekers bringing cases without regard to necessary procedure. As the 5th Circuit wrote,

Federal courts have a solemn responsibility to apply neutral principles, such as standing, to the cases that come before them and must resist the temptation to confer Article III standing any time an advocacy group or political subdivision challenges a law it passionately dislikes.

But the province and duty of judges does require them to say what the law is and to act on that saying. Doing so need not automatically confer Article III standing for every case concerning a passionately disliked issue. The Supreme Court has begun applying the Major Questions Doctrine to cases involving the limits of Executive Branch power vs the Legislative Branch’s. The Court needs to apply a similar Major Controversies Doctrine to its decisions regarding whether a case’s core question is more or less important than the specifics of procedure in that case.

The 5th Circuit’s ruling can be read here.