“Between 1901 and 1904, the U.S. Supreme Court decided a series of cases, collectively known as the Insular Cases, which asked whether the Constitution should fully apply to the residents of Puerto Rico and other territories recently acquired by the U.S. after its victory in the Spanish-American War. The Court held that the Constitution did not fully apply in those U.S.-held territories.
The Insular Cases have been severely criticized—then and now—for being the product of racist and imperialist thinking. The legal scholar Walter F. Pratt Jr., author of The Insular Cases: The Role of the Judiciary in American Expansionism, described the legal arguments involved as “largely racially motivated,” since the Court effectively held that “the people of the new territories were unfit to become citizens.”
A similar criticism of the Insular Cases was recently voiced by Justice Neil Gorsuch, who argued that “the Insular Cases have no foundation in the Constitution and rest instead on racial stereotypes. They deserve no place in our law.””
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“Gorsuch also added his voice to those calling for the Insular Cases to be wiped off the books. “The time has come to recognize that the Insular Cases rest on a rotten foundation,” Gorsuch wrote. “And I hope the day comes soon when the Court squarely overrules them.”
Alas, the Department of Justice under President Joe Biden apparently sees things differently. As The Washington Post’s Robert Barnes recently reported, “the Biden administration told the Supreme Court Monday that it should not take up a case [Fitisemanu v. United States] about citizenship rights for American Samoa even though advocates say it would give justices a chance to upend a series of century-old precedents that have been roundly denounced as racist.””
“Biden announced that he will—unilaterally, mind you, and for no apparent reason that I can see—extend the pause on student loan payments until the end of the year and forgive up to $10,000 for those persons making less than $125,000 a year. This generosity with other people’s money extends up to $20,000 for Pell Grant recipients.
As David Stockman, a former director of the Congressional Office of Management and Budget, reported recently, “Only 37% of Americans have a 4-year college degree, only 13% have graduate degrees and just 3% have a PhD or similar professional degree. Yet a full 56% of student loan debt is held by people who went to grad school and 20% is owed by the tiny 3% sliver with PhDs.”
Picture two young married lawyers who together earn just under $250,000 and are on their way to making even more mon ey in the future. They will be able to collect from Uncle Joe a nice bonus of $40,000, taken from the pockets of the many people who didn’t go to college—perhaps because they did not want to take on debt—and from those who have responsibly already paid back their debt.”
“In the face of impending power blackouts, the California State Assembly and Senate did abrupt turns toward sanity and voted to extend the operating life of the Diablo Canyon nuclear power plant. “This is a victory of pro-civilization values, including love of humanity and reason, over the forces of pro-scarcity nihilism,” tweeted Michael Shellenberger, founder of the pro-nuclear power activist group Environmental Progress.
Due to pressure from anti-nuclear activists, California’s Public Utility Commission voted 5-0 in 2018 to shut down both of the Diablo Canyon reactors by 2025. The new legislation reverses this ill-advised decision and extends their operating life by at least another five years. The Diablo Canyon reactors generate enough electricity to supply power for 3 million of the Golden State’s 13 million households.
Growing dependence on unreliable wind and solar power generation led not only to rolling blackouts in California in 2020 but also increased the price of electricity for California’s consumers. Shutting down Diablo Canyon’s reactors is counterproductive for those people who are concerned about the effects of greenhouse gas emissions on climate change. A point made, according to the New York Times, by Democratic Sen. Dianne Feinstein in a letter sent to California state legislators: “The alternative to the closure of the reactors at Diablo Canyon will most likely be additional natural gas generation, which would reverse progress on emissions reductions and worsen air quality,” she wrote.”
“When officials in one Alabama town realized local law prevented them from firing two police officers, they dissolved their entire police department instead.
Last Thursday, the small town of Vincent—a hamlet outside Birmingham, Alabama, with a population of just under 2,000—decided to abolish its police department. The department, which employed three officers in total, was disbanded following a June incident that uncovered the exchange of racist text messages sent by at least one Vincent police officer.
In the messages, one officer, who remains unidentified by Vincent officials, asked an unidentified respondent “What do y’all call a pregnant slave?” to which the respondent replied with a string of question marks. “BOGO Buy one, get one free” texted the officer in response.”
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“he City Council was unable to simply fire the officers. According to Vincent city law, police officers cannot be fired unless they receive two formal complaints and a verbal warning. With little other recourse, the Vincent City Council passed a resolution which temporarily dissolved the town’s small police department.
This incident isn’t the first time a small town has dissolved its police department for bad behavior. In particular, several small towns found to be engaging in illegal “speed trap” schemes have voted to disband their police departments.”
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“this story is the latest in a long string of incidents where cops have lost their jobs for bigoted text messages. While speech by government officials is generally protected by the First Amendment, it has a few important carve-outs. Speech by government employees is only protected when it is a matter of public concern, like an allegation of corruption, and when the public employee’s speech interests are more important than the employer’s ability to maintain order.
“There’s no bright line here,” Popehat’s Ken White notes. “But in general, an employee’s speech is most likely to be protected if it’s on the employee’s own time, on the employee’s own platform or a platform not run by the employer, involves policy issues rather than personal attacks on people in the government workplace, and the employer can’t show evidence of disruption of order or function.”
While it is unclear whether the officer’s text messages were sent while off-duty using their personal phones, Vincent officials regardless had interest in punishing the officers. In 2021, at least 85 criminal cases were thrown out after at least a dozen of Torrance, California, police officers were found to have exchanged racist, antisemitic, and homophobic text messages.
Even if public officials hadn’t been barred by a city statute from firing the two officers, it seems the First Amendment would have provided little protection for the officers’ racially charged jokes. In fact, their messages made them a legal liability.”
“Florida State Sen. Jeff Brandes (R–St. Petersburg), who shepherded the bill implementing Amendment 4, tweeted last week that the Legislature never intended it to be used so harshly against those who accidentally voted.”
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“”As the author of the bill implementing amend 4 it was our intent that those ineligible would be granted some grace by the state if they registered without intent to commit voter fraud. Some of the individuals did check with SOEs and believed they could register. #Intentmatters””
“”While safe injection sites may sound counterintuitive to some people as an effective means to combat addiction, there’s no arguing with the data. Results from other countries have shown that safe injection sites lead to a reduction in overdose deaths and transmission rates of infectious disease and an increase in the number of individuals seeking addiction recovery.””
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“Newsom’s presidential ambitions, or simply his desire to appear less soft on crime, might be getting in the way of a safe and effective public health strategy for preventing drug overdoses.”
“Florida Gov. Ron DeSantis, a leading presidential contender, is skilled at appealing to Republicans who resent the censorious self-righteousness of woke progressives. But instead of defending free inquiry and open debate, DeSantis seems bent on fighting intolerance with intolerance.
When he signed the Individual Freedom Act (IFA) last April, DeSantis bragged that it would “prevent discriminatory instruction in the workplace,” striking a blow against “the far-left woke agenda.” But as a federal judge explained last week, the law’s restrictions on employee training blatantly violate the First Amendment.
The IFA expanded Florida’s definition of “unlawful employment practices” to include “any required activity” that promotes one or more of eight forbidden concepts. Some of those ideas are plainly illiberal (e.g., linking moral status to race) or patently silly (e.g., viewing virtues such as excellence, hard work, and fairness as white supremacist constructs), while others are ambiguous or debatable (e.g., the notion that “members of one race, color, sex, or national origin cannot and should not attempt to treat others without respect to race, color, sex, or national origin”).
Whatever you think of those ideas, the government has no business decreeing whether and how they can be discussed in private workplaces. Yet that is what the IFA does: It allows discussion “in an objective manner without endorsement of the concepts” while forbidding speech that “espouses, promotes, advances, [or] inculcates” them.
As U.S. District Judge Mark Walker noted when he issued a preliminary injunction against those restrictions, they amount to “a naked viewpoint-based regulation on speech,” which is presumptively unconstitutional. “Under our constitutional scheme,” Walker observed, “the ‘remedy’ for repugnant speech ‘is more speech, not enforced silence.'”
DeSantis argued that the IFA aims to prevent a “hostile work environment” created by ideas that might discomfit employees. Walker thought that was a stretch because that term encompasses speech only when it is “both objectively and subjectively offensive and when it is sufficiently severe or pervasive”—requirements that provide “shelter for core protected speech.”
More to the point, conservatives have long criticized discrimination claims based on an allegedly hostile work environment precisely because they can transform otherwise protected speech into illegal “harassment.” Yet DeSantis is not only defending that concept; he is extending it to cover even a single “required activity” that “espouses” ideas he does not like.”
“”Social pressure to have the ‘right’ opinion is pervasive in America today,” notes Populace, a social-research organization, in a report published this summer. “In recent years, polls have consistently found that most Americans, across all demographics, feel they cannot share their honest opinions in public for fear of offending others or incurring retribution.”
“One important, but underappreciated, consequence of a culture of censorship is that it can lead individuals not only to self-silence, but also publicly misrepresent their own private views (what scholars call preference falsification),””
“even though student debt relief might not look like spending the way we traditionally think of it—the government isn’t cutting checks or awarding grants here, the way it did in the American Rescue Plan, for instance—economically, it will function the same way.
Because money is fungible, student loan borrowers will effectively now have extra discretionary income equal to whatever they would have had to pay towards that $10,000 in loans. That might sound great, but remember that the standard definition for inflation is what happens when a larger supply of money is chasing the same amount of goods and services. Money that would have been spent paying back loans will, upon the conclusion of the repayment moratorium, remain circulating in the regular economy. Ending the repayment moratorium without passing forgiveness would’ve been deflationary by returning U.S. dollars to Treasury.”