Category Archives: rights

Rifles and the 2nd Amendment

Posted on by
1

The Wall Street Journal‘s Sunday editorial, AR-15 Rifles and the Constitution, is centered on the potential for the Supreme Court to take up the question of whether AR-15s, and semi-automatic rifles in general, are protected by the 2nd Amendment of our Constitution. My commentary here is centered on Judge Harvie Wilkinson III, who wrote the 4th Circuit’s en banc opinion upholding a Maryland law that bans the sale and possession of “assault weapons.” He wrote that such rifles

fall outside the ambit of protection offered by the Second Amendment because, in essence, they are military-style weapons designed for sustained combat operations that are ill-suited and disproportionate to the need for self-defense.

He’s both factually wrong on this, and he, like activist judges before and alongside him, distort the 2nd Amendment’s protections to reinterpret that Amendment to say what he wants it to say rather than what it actually says. Here’s the actual text of the 2nd Amendment:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Wilkinson’s factual error: AR-15s and the like are not at all military-style weapons designed for sustained combat operations. They were developed around the same time as the Army’s then-new M-16, but the latter was designed for full automatic use, whereas the AR-15s of the industry were designed explicitly for civilian use in civilian environments and are wholly incapable of (full) automatic operation. They require a brand new, subsequent, trigger pull in order to fire a second round—it’s a new trigger pull for each individual round that’s fired. The only automation in the sequence is the same as with any other semi-automatic firearm (pistols, for instance): it automatically chambers the next round.

Now for Wilkinson’s cynical redefinition reinterpretation of what the Amendment says. The amendment says in so many words—and in only those words—the right of the people to keep and bear Arms, shall not be infringed. There is not a syllable in that bar, not the veriest minim of a pen stroke, that gives the government any authority at all to say what our needs are in our keeping and bearing Arms. Wilkinson’s writing is nothing more than a power grab for government and an attempt to amend our Constitution from the bench by an activist judge.

But Wilkinson wasn’t done.

Compared to a handgun, the AR-15 is heavier, longer, harder to maneuver in tight quarters, less readily accessible in an emergency, and more difficult to operate with one hand[.]

This is wholly irrelevant and only cynically offered in his effort to rewrite our 2nd Amendment from his august bench. To repeat: Wilkinson, nor any other judge, has any authority to tell us what our needs are and to presume to limit us to those judge-manufactured needs.

On the other hand, Wilkinson’s entire argument in that last is an argument for legal keeping and bearing Uzis and machine pistols: those weapons are most assuredly lighter, shorter, easer to maneuver in tight quarters, more readily accessible in an emergency, and easier to operate with one hand than those judge-hated rifles.

This is an appellate decision that badly needs reversal by the Supreme Court and a stern admonition by that Court for judges who persist in entertaining such quibbles and outright distortions of our Constitution.

Free Speech in New Jersey

Posted on by
Reply

It’s not allowed, at least in one township, especially if it’s centered on our flag or our Constitution.

This Progressive-Democratic Party-run Township of Edison, NJ, enacted an ordinance banning the use of that symbol of our nation and that governing blueprint for our nation while speaking before the township’s governing council. When a resident of the township, a citizen of the State and of these United States, did so anyway, Council President Nishith Patel had security eject the citizen from the meeting.

This is all too typical of the Progressive-Democratic Party’s attitude toward our core freedom.

“UCLA pleads for legal immunity….”

Posted on by
Reply

This is a measure of how deeply embedded antisemitism bigotry is in the managers running UCLA. They ordered, according to the charges in the case in which they demand immunity, exclusion zones that barred Jewish students from certain areas of the UCLA campus—areas which granted antisemitic protestors and terrorist supporters proclaiming Israeli genocide—veto authority over who could enter areas of campus those protestors occupied.

The defendants in the case already have had an injunction issued against them barring such actions and barring the defendants’ proclaiming programs that certain groups could have but that barred other groups from having similar or participating in the former. The presiding judge in that injunction opened his order with this [emphasis in the original]:

In the year 2024, in the United States of America, in the State of California, in the City of Los Angeles, Jewish students were excluded from portions of the UCLA campus because they refused to denounce their faith. This fact is so unimaginable and so abhorrent to our constitutional guarantee of religious freedom that it bears repeating, Jewish students were excluded from portions of the UCLA campus because they refused to denounce their faith. UCLA does not dispute this. Instead, UCLA claims that it has no responsibility to protect the religious freedom of its Jewish students because the exclusion was engineered by third-party protesters. But under constitutional principles, UCLA may not allow services to some students when UCLA knows that other students are excluded on religious grounds, regardless of who engineered the exclusion.

This is the bigotry from which these personages demand their immunity. They rationalize their demand to be excused from their bigotry with this:

“There was no blueprint for how to respond to a protest encampment,” and UCLA used de-escalation in the context of “tense, uncertain, and rapidly evolving” situations, which justifies qualified immunity….

Right. We’re supposed to believe that the folks at the pinnacle of this major university’s management team had themselves to be told what to do before they acted. At the very least, that’s their confession that they’re unfit for the positions and should be fired for cause.

And they need to be sanctioned monetarily for their actions in furtherance of their bigotry along with any education-related licenses they may hold rescinded with prejudice.

Moderation in the pursuit of justice is no virtue.

A Misapprehension

Posted on by
1

The headline suggests it.

How Science Lost America’s Trust and Surrendered Health Policy to Skeptics

Science hasn’t lost our trust, not by a long shot. What—who, really—has lost our trust is government bureaucrats who happen to have science degrees. The misapprehensions begin early in the article.

The rise of Robert F Kennedy, Jr, from fringe figure to the prospective head of US health policy was fueled by skepticism and distrust of the medical establishment—views that went viral in the Covid-19 pandemic.

No, it wasn’t. It was fueled by distrust of the government’s bureaucrats who held medical degrees.

People once dismissed for their disbelief in conventional medicine are now celebrating a new champion in Washington. Scientists, meanwhile, are trying to figure how they could have managed the pandemic without setting off a populist movement they say threatens longstanding public-health measures.

Some did have a disbelief in conventional medicine. However, what most of us began to disbelieve was not conventional medicine but the non-conventional positions of those medical degree-holding bureaucrats in our medicine-centered agencies and their naked power grabs via their diktats of how us average Americans must during—and after—the Wuhan Virus situation, with their credibility further damaged by their manufactured hysteria about the severity of a virus whose lethality was a small fraction of one percent except for the slice of our population already afflicted with severe comorbidities or who were very old.

Those bureaucrats’ contemptuous dismissal of us and their equally contemptuous dismissal of a range of paliatives and alternative cures—many of which actually did, and do, work, and many more of which, if not effective, also did no harm. We insisted on following actual science, while those bureaucrats pursued their personal power, and in some cases, their pocketbooks.

Those bureaucrats also too often dismissed research that supported those alternative treatments and with equal disdain research that called into question the risks of the Wuhan Virus vaccines on offer. Many (most?) of those researches were, in fact, highly questionable. Some were quite sound, though, and the bureaucrats’ shotgun dismissal of all of them—generally without explanation, holding us average Americans as too grindingly stupid or ignorant to understand—further damaged their credibility.

Nor did those degreed bureaucrats care a farthing about our children—the portion of our population uniquely immune to the virus. Lock them out of school these Know Betters demanded, then required, isolate them from their peers, friends, adults other than their parents—even from their grandparents, uncles, and aunts. We’re seeing now the damaging outcomes of that isolation in lost education and especially in their inability to get along with each other.

No, we trust science. We insist that government bureaucrats trust science, as well, and until they demonstrate that they do, those bureaucrats are demonstrating that they cannot be trusted by us.

Legal Protection for Whistleblowers

Posted on by
Reply

Jay Solomon, writing for The Free Press, wants legal protection for whistleblowers, and under the color of that, he also wants protection for journalists who are harboring “confidential,” or some such, sources.

One of the things that makes America exceptional is that journalists here have freedoms that exist nowhere else. … That also requires the freedom to rely on confidential sources to get that information.

The problem with this is that actual whistleblowers already have lots of legal protection for what they run up their chains of command, to Congress, and ultimately to the public. Beyond that, the freedom that that exists nowhere else apparently includes freedom from the laws that ordinary Americans must obey: laws barring receiving and profiting from goods that were illegally obtained by the transferor.

What Solomon wants, what he’s conflating with whistleblower disclosures, even though he should know better, is protection for journalists who publish leaks, those illegally obtained goods (which might—might—be OK), and for leakers who are doing the leaking.

Some sources who talk to journalists are, in fact, whistleblowers. Most, though, are simply acting, on the face of it, illegally, by transferring those goods—which maybe they obtained illegally or maybe they obtained in the legitimate course of their duties—in violation of the terms of their employment or their oaths of office. These leakers also are hiding behind anonymity, supposedly out of fear for their jobs—but that just shows either their recognition of the illegality of their actions or their own lack of moral principles as they put their jobs ahead of their moral obligation to do a right thing, or both. Leakers are entitled to no protection whatsoever.

Moreover, journalistic claims that a source is a whistleblower doesn’t make it so. The journalist must provide evidence that the claimed source is, in fact, a whistleblower, vis., evidence that the source has exhausted all of his whistleblower avenues. Having shown that, the journalist must—at the very least for credibility’s sake—identify the whistleblower. A whistleblower source no longer needs anonymity; he has the legal protections of whistleblowing. The whistleblower work environment might still be uncomfortable, but in that case, refer to “job ahead of doing a right thing” above.

In the particular case at Solomon’s hand, in which a reporter is being held in legal jeopardy over her refusal to reveal the source(s) she used in her reporting in 2017, the reporter throughout her reporting and at all opportunities since, declined to provide any evidence at all that her source(s), which she claims were whistleblowers, were in fact whistleblowers and that those sources had exhausted all of their whistleblowing avenues within the organizations that employed them, before the source(s) talked to the reporter. As a result of the reporter’s refusal to reveal her source(s),

In February, US District Court judge Christopher Cooper held her in contempt of court—and fined her $800 a day—until she turned over her confidential sources. Although he said he “recognizes the paramount importance of a free press in our society and the critical role that confidential sources play in the work of investigative journalists like Herridge,” he added that he was required to strike a balance between press freedom and that Yanping Chen’s “need for the requested evidence overcomes Herridge’s qualified First Amendment privilege in this case.”

Solomon, like the judge (despite his on the whole correct ruling) is conflating whistleblower with confidential source, even though the two are distinctly separate from each other, similar only in their willingness to talk to reporters, but radically different in the legal protections they have.

Press freedom advocates, however, fear that [the judge’s] ruling against Herridge could cripple the ability of journalists to protect whistleblowers and confidential sources to provide critical information to the public.

Solomon, and his press freedom advocates, are making a specious argument with this claim. Whistleblowers need no journalistic protection. Leakers deserve none.

Overarching that, in years past, editors required reporters to have in their articles at least two on-the-record sources that corroborate the claims of their “confidential” sources. The press industry has long since walked away from that requirement, and no one in the industry has been willing since to say what publicly available and concretely measurable standard of journalistic integrity is in use today in place of that erstwhile standard.

Those on-the-record sources are all the protection journalists would need, too, were today’s journalists not too lazy to find and use them.