[NCLAlegal] In an historic ruling, the U.S. Supreme Court this morning held that Texas Accountant Michelle Cochran has the right to challenge the constitutionality of her Administrative Law Judge’s (ALJ) removal protections in federal court before undergoing an administrative adjudication. Writing unanimously for the Court, Justice Kagan’s opinion stated, “The statutory review schemes set out in the Securities Exchange Act and Federal Trade Commission Act do not displace a district court’s federal-question jurisdiction over claims challenging as unconstitutional the structure or existence of the SEC or FTC.” “The ordinary statutory review scheme,” she wrote, “does not preclude a district court from entertaining these extraordinary claims.”
The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, which represents Ms. Cochran in Securities and Exchange Commission, et al. v. Michelle Cochran, commends the court for a decision that will allow our client to plead her case before a real Article III federal court rather than be subjected to an endless series of unlawful agency hearings. Michelle Cochran’s path to the U.S. Supreme Court began when she filed suit in federal district court to enjoin the SEC’s second round of administrative enforcement proceedings against her. Though SEC fixed the appointment problem Lucia v. SEC addressed, Ms. Cochran’s ALJ remained unconstitutional because SEC ALJs still enjoy multiple layers of “for cause” removal protection, a problem Lucia declined to reach and that SEC could not fix on its own—because the insulations from removal are statutory. NCLA also asserted that SEC violated Ms. Cochran’s due process rights by failing to adhere to its own rules and procedures.
The Supreme Court held that Ms. Cochran’s removal power claim, wholly collateral to the Exchange Act’s statutory-review scheme, is outside the SEC’s “sphere of expertise.” Justice Kagan emphasized this point, highlighting that Ms. Cochran’s claims “cannot receive meaningful judicial review through the … Exchange Act.” Relying on the Supreme Court’s Thunder Basin Coal Co. v. Reich precedent, the Court held, “All three Thunder Basin factors thus point in the same direction—toward allowing district court review of Axon’s and Cochran’s claims that the structure, or even existence, of an agency violates the Constitution.”
In a strong concurring opinion, Justice Thomas wrote separately to express his “grave doubts about the constitutional propriety of Congress vesting administrative agencies with primary authority to adjudicate core private rights with only deferential judicial review on the back end.” Justice Thomas stated that if private rights are at stake—as they are in Ms. Cochran’s case—“the Constitution likely requires plenary Article III adjudication.” Justice Gorsuch wrote separately to say this case should have been decided solely on statutory grounds. He criticized the Court’s superimposing of a judicially created and hard to administer Thunder Basin balancing test on top of Congress’s text, and he pointed out how such a test had caused Ms. Cochran to suffer. Nonetheless, NCLA believes today’s unanimous ruling, strong concurrence from Justice Thomas and strong concurrence in the judgment from Justice Gorsuch, will protect the civil liberty of citizens, like Ms. Cochran, to access federal courts when federal administrative agencies violate constitutional constraints on their power.
#1
Like the out of the blue ATF, EPA, and/or DOJ/FBI redefining of words and items to meet political agenda driven reg's. That are in clear violation of the US Constitution and the PEOPLE's OWNED Bill Of Rights.
[NYPOST] The former husband of Rep. Katie Bat Girl Porter ...Dem law professor, attorney and politician serving as the U.S. Representative for Caliphornia, an impregnable bastion of the Democratic Party,'s 45th congressional district (Orange County) since 2019. Katie takes her job and her personal dignity so seriously she once showed up for a committee hearing dressed as Batman.... said the California Democrat frequently abused him verbally and threw "toys, books and other objects" at him during their marriage — even pouring scalding-hot mashed potatoes on his head during a fight, according to divorce records.
Matthew Hoffman, who filed for divorce from Porter in 2013, said in a request for a restraining order dated April 30 of that year that he was "routinely" called a "f—ing idiot" and "f—ing incompetent" by his rage-prone spouse, who also shattered a glass coffee pot on their kitchen counter in March 2012 when she felt their house wasn’t clean enough.
"She would not let me have a cell phone because she said, ’You’re too f—ing dumb to operate it,’" Hoffman said of Porter, 49, who has also been accused of ridiculing former members of her staff.
"When she gets angry, she will claw and scratch her arms and then say to me ’Look what you made me do!’" Hoffman also said in the records, first obtained by DailyMail.com. "She regularly says that I am a bad parent in front of the kids ... Recently the children began spitting at me and throwing their food at me, calling me ’bad daddy.’"
#2
Porter graduated from Yale University and Harvard Law School and has taught law at several universities, including the University of California, Irvine, William S. Boyd School of Law, and University of Iowa. Porter declined to seek reelection to the U.S House of Representatives in 2024 and became a candidate in the 2024 Senate election in California, to succeed retiring incumbent Dianne Feinstein.
Over-educated and can't hold a job. Perfect politician.
Posted by: Bobby ||
04/14/2023 7:01 Comments ||
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#5
Both parties play the "don't ask questions you might not like the answers of" with their candidates.
See: Todd Akin, Roy Moore.
Posted by: M. Murcek ||
04/14/2023 8:36 Comments ||
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#6
MikeKozlowski that's what seh wore to congressional sessions. She's batty. Nuts.
Posted by: Deacon Blues ||
04/14/2023 9:46 Comments ||
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#7
We're so luck here in CA - the election is really between her and Schiff-for-brains. It's a win-win!
Posted by: Rex Mundi ||
04/14/2023 10:59 Comments ||
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#8
I see a lot of evidence of her poor decision making on a personal level. That makes Batgirl a perfect candidate to make substantial decisions for all of us. I imagine her moniker is sharpied onto her Starbucks cup.
Posted by: Super Hose ||
04/14/2023 11:00 Comments ||
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#9
Using a purse instead of the bat-belt makes her look crazy.
Why would any self-respecting man put up with even one minute of such abuse? Oh, that's right. He has no self-respect.
Posted by: Abu Uluque ||
04/14/2023 11:51 Comments ||
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#11
I have known them both personally while they were together and I will attest that Matt Hoffman is the nicest most passive man you could ever meet. KP on the other hand is not nice or passive unfortunately as we can see with her power play to take up DFs very powerful seat. This is all a setup by larger forces. Skull and bones? Nah, it’s their rivals across the street that are the ones that have the controls now. Hoffman is a good guy. -Longtime lurker and rare commentator
[FoxNews] Hunter Biden had to explain a child's question to his father, President Joe Biden, during the president's trip to Ireland Wednesday, shocking social media users. The apparent confusion came after the elder Biden struggled to answer the child's question about success.
"What’s the top step to success?" the child asked the president.
"What’s the top what?" Biden responded.
"Step — steps — step to success," the child answered.
Biden responded that the way to be successful is to stop COVID-19 from spreading.
"Oh, well, making sure that we don’t all have COVID. What — why — what are we talking about here?" he asked.
At this point, Hunter Biden intervened.
"If you can — what’s the — what’s the key to success?" the president's son asked, attempting to clarify the child's question.
"Oh, what’s the key to success? You know what I found out is the key to success is? And I’m not sure I’m the best guy to explain it; these guys can tell you," the president responded.
He then talked about the importance of not personally attacking people with whom you disagree.
[Breitbart] Michael Thorning, the Structural Democracy Director for the Bipartisan Policy Center, said that Sen. Dianne Feinstein’s (D-CA) request to be temporarily replaced on the Senate Judiciary Committee is unprecedented and would face significant resistance from Republicans.
Feinstein — who has been recovering from shingles for more than a month and is also 89 years old, has faced increasing calls from prominent Democrats such as Reps. Ro Khanna (D-CA) and Dean Phillips (D-MN) to resign.
“It is obvious she can no longer fulfill her duties,” Khanna said.
“Senator Feinstein is a remarkable American whose contributions to our country are immeasurable. But I believe it’s now a dereliction of duty to remain in the Senate and a dereliction of duty for those who agree to remain quiet,” Phillips said.
Feinstein’s absence has held up the Senate Judiciary Committee’s approval of President Joe Biden’s judicial nominees. Judicial nominees have to pass through the Judiciary Committee and the committee is currently split between Republicans and Democrats with Feinstein’s indefinite absence.
Feinstein asked Senate Majority Leader Chuck Schumer (D-NY) to temporarily replace her on the committee as she recovers and presumably returns to her committee assignments. However, it will not be easy to replace the absent senator on the committee. Doing so would require ten Senate Republicans to agree to end Senate floor debate and have a full vote on the Senate floor.
Michael Thorning, the director for Structural Democracy at the Bipartisan Policy Center (BPC), explained in a written statement:
Sen. Schumer cannot unilaterally remove or appoint any senator to a committee. That requires a resolution of the Senate and Democrats would need either unanimous consent or at least 10 Republicans to agree to end debate before a vote of the full Senate. While the Senate has traditionally handled these matters by unanimous consent, Sen. Feinstein’s request for a temporary replacement is likely unprecedented.
He added, “Combined with the increasingly partisan politics of federal judicial appointments, getting the necessary Republican support for [it] may not be a simple ask.”
[Breitbart] Senate Minority Leader Mitch McConnell’s (R-KY) approval rating is underwater as retirement rumors swirl.
A recent survey from The Economist/YouGov found 49 percent disapproving of how McConnell is handling his job as Senate minority leader. Of those, 29 percent “strongly” disapprove. On the flip side, 28 percent across the board approve of his job performance, but only seven percent “strongly” approve. Roughly one in five remain unsure.
McConnell lacks clear support among the Republican base, as 42 percent approve of his job performance and 40 percent do not. Further, 19 percent “strongly” disapprove of his job performance, while ten percent strongly approve.
Half of independents view McConnell unfavorably, as do 57 percent of Democrats. However, 28 percent of Democrats approve of the 81-year-old’s job performance.
However, Thursday afternoon, McConnell took to social media to announce his plans to return to the Senate on Monday.
McConnell also fails to garner majority support from Trump 2020 voters; 49 percent disapprove of his job performance compared to 34 percent who approve.
The survey was taken April 8-11, 2023, among 1,500 U.S. adult citizens.
It coincides with recent rumors of a forthcoming McConnell retirement — rumors which come well over a month following the 81-year-old’s hospitalization after falling at a Washington, DC, hotel in March.
“This evening, Leader McConnell tripped at a local hotel during a private dinner. He has been admitted to the hospital where he is receiving treatment,” McConnell spokesman David Popp said in a statement at the time.
McConnell suffered a rub fracture and concussion and was released from an inpatient physical therapy facility weeks later.
“I want to sincerely thank everyone for all the kind wishes. I’m happy to say I finished inpatient physical therapy earlier today and I’m glad to be home,” McConnell wrote in a March 25 statement.
“I’m going to follow the advice of my physical therapists and spend the next few days working for Kentuckians and the Republican Conference from home,” he added. “I’m in frequent touch with my Senate colleagues and my staff. I look forward to returning in person to the Senate soon.”
Meanwhile, the Spectator, citing multiple sources, is reporting that “Senators John Barrasso of Wyoming, John Cornyn of Texas and John Thune of South Dakota are actively reaching out to fellow Republican senators in efforts to prepare for an anticipated leadership vote — a vote that would occur upon announcement that McConnell would be retiring from his duties as leader, and presumably the Senate itself.”
According to the report, “Queries are also being made internally about the rules regarding replacement, and how the contest would be structured given the lack of an obvious heir apparent.”
However, Thursday afternoon, McConnell took to social media to announce his plans to return to the Senate on Monday.
“I am looking forward to returning to the Senate on Monday. We’ve got important business to tackle and big fights to win for Kentuckians and the American people,” he wrote:
[DAILYWIRE] Authorities in Northern Ireland are investigating after secret security documents for President Joe The Big Guy Biden’s ...46th president of the U.S. Sleazy Dem mschine politician, paterfamilias of the Biden Crime Family... visit were found lying in the street in Belfast.
The Police Service of Northern Ireland (PSNI) papers discuss plans for road closures and local police deployments. A U.S. law enforcement official confirmed its authenticity to USA Today and a Secret Service official told the news outlet the agency tasked with protecting Biden has "full confidence in our partners."
Stephen Nolan reported that a listener of his BBC Radio show, identified as "Bill," was the one who made the discovery. The listener called into the show and said the security itinerary showed the names of officers and contact information.
The Twitter account for BBC Radio Ulster’s "Nolan Show" shared an image of what appears to be a crumpled page marked "OFFICIAL SENSITIVE" with certain passages blacked out.
PSNI said it was conducting an investigation into the security breach, according to The Telegraph.
Biden made the trip to Northern Ireland this week to celebrate the 25th anniversary of the Good Friday Agreement, an accord which effectively put an end to a 30-year period of near-constant sectarian violence known as "the Troubles."
The president met with British Prime Minister Rishi Sunak and delivered a speech at Ulster University on Wednesday, urging Northern Ireland to "not go back" to the violent mostly peaceful streak, after noting the recent shooting of Detective Chief Inspector John Caldwell. The New IRA, a splinter group of the IRA, has grabbed credit for the attack, according to the News Agency that Dare Not be Named.
MI5, the United Kingdom’s security agency, raised the terror threat level in Northern Ireland to "severe" at the end of March. The Belfast Telegraph reported over the weekend that police uncovered a suspected bomb plot to "upstage" Biden’s trip.
Posted by: Fred ||
04/14/2023 00:00 ||
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#1
It sort of reminds me of a story about the Dallas Cowboys combing through the trash in the opposing team’s coaching box after games at Texas Stadium.
Posted by: Super Hose ||
04/14/2023 10:54 Comments ||
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[NYPOST] Social media users mocked White House Domestic Policy Advisor Susan Rice’s claim that racism has had a massive impact on the US economy during a speech on Wednesday.
Rice appeared as a guest at the National Action Network’s, founded by civil rights hustler Al Sharpton ...Tawana Brawley's spiritual advisor... , convention in New York City to speak about the White House’s commitment to promoting civil rights. During her speech, she made the radical claim that the United States has suffered a $16 trillion shortfall because of racism.
"In the last 20 years, the US had a GDP shortfall of $16 trillion due to discrimination against Black Americans. If we closed our racial gaps, we could add another $5 trillion to GDP over just the next five years. And in case you’re wondering, that’s not my math, that’s, according to Citibank. We all benefit when every community has the chance to thrive," Rice said.
This claim faced scrutiny and scorn by Twitter users for the extreme estimate about the impact of racism.
"[Rice] bombs. The applause is anemic....." former US ambassador Richard Grenell noted of the video.
"Liberalism has reduced the size of the economy by $100 trillion. And I have as much proof of that as @AmbassadorRice does," National Review contributor Pradheep Shanker joked.
Columnist David Marcus asked, "What on earth could this possibly even mean?"
"Just perfect: Speaking to millionaire Al Sharpton’s group, millionaire Susan Rice quotes her friends at Citibank to call the American economy racist," Daily Caller editor Vince Coglianese tweeted. "Fun fact: In 2008, Michael Froman — then a Citigroup executive — recommended Susan Rice for the job of US Ambassador to the United Nations ...a lucrative dumping ground for the relatives of dictators and party hacks... "Then I guess she should stop participating in it," journalist Doug Powers wrote.
Posted by: Fred ||
04/14/2023 00:00 ||
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#1
So Reparations and Racial Equality have already been paid for? So US the taxpayers no longer have to support the many mainly race housing, race based services, race based funding, race based educational formats, race based preferred hiring quota's, Race/Color racist SIG's and or Gov. agencies and staff that are hired only to address MINORITY race base complaints?
Or, could it be it has become a cultural issue that has set up shop to milk the $$$$$, or to supply 93% of the estimated 32.7 million black voter block for elections to a slavery / racist based founded political party?
[NYPOST] Florida Gov. Ron DeSantis’ appointees to Disney World’s governing board are escalating the fight with the Mouse House over control of the Orlando resort, according to a report.
The DeSantis-appointed board members floated a resolution that says they have "superior authority" over all land development decisions for the 27,000 acres (42 square miles) that make up Disney World and two Disney-controlled cities, Bay Lake and Lake Buena Vista, in the contested Reedy Creek district, the News Agency that Dare Not be Named reported Wednesday.
The board is set to vote on the resolution next week. Disney did not respond to requests for comment.
The move comes two weeks after the newly appointed board members claimed their Disney-controlled predecessors pulled a fast one on them by stripping them of most of their powers before they took over.
The five new board members were appointed by the Republican governor after Florida politicians overhauled the Mouse House’s Reedy Creek tax district — retaliation for the entertainment giant publicly opposing the state’s so-called "Don’t Say Gay" legislation banning school instruction on sexual orientation and gender identity in kindergarten through third grade.
Posted by: Fred ||
04/14/2023 00:00 ||
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#1
I was watching a video from Defunctland yesterday that covered Walt’s original purpose of the Reedy Creek District. Evidently, EPCOT was supposed to weird cross between a company town and the demonic world from A Wrinkle In Time. Sort of creepy and not really applicable after Walt’s death.
Posted by: Super Hose ||
04/14/2023 10:52 Comments ||
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#2
Helped test the Intellikeys keyboard that was eventually used as the user keyboard at EPCOT kiosks.
Posted by: Rex Mundi ||
04/14/2023 11:02 Comments ||
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#3
I dont like Disney so more big govt for the wins!
A multi-volume chronology and reference guide set detailing three years of the Mexican Drug War between 2010 and 2012.
Rantburg.com and borderlandbeat.com correspondent and author Chris Covert presents his first non-fiction work detailing
the drug and gang related violence in Mexico.
Chris gives us Mexican press dispatches of drug and gang war violence
over three years, presented in a multi volume set intended to chronicle the death, violence and mayhem which has
dominated Mexico for six years.
Rantburg was assembled from recycled algorithms in the United States of America. No
trees were destroyed in the production of this weblog. We did hurt some, though. Sorry.
...Dem law professor, attorney and politician serving as the U.S. Representative for 
...46th president of the U.S. Sleazy Dem mschine politician, paterfamilias of the Biden Crime Family...
[NYPOST] Social media users mocked White House Domestic Policy Advisor Susan Rice’s claim that racism has had a massive impact on the US economy during a speech on Wednesday.
Ron DeSantis’ appointees to Disney World’s governing board are escalating the fight with the Mouse House over control of the Orlando resort, according to a report.
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