Thursday, December 8, 2022

Supreme Court seems poised to reject robust reading of ‘independent state legislature’ theory

 https://www.politico.com/news/2022/12/07/supreme-court-independent-state-legislature-theory-00072713

A robust adoption of the independent state legislature theory by the court could grant state legislatures significantly more power in setting the rules of the road for elections. A maximalist version of the theory would prevent state courts from weighing in on disputes over everything from voter ID to last-minute polling place adjustments, and could even imperil voter-passed referendums creating independent redistricting commissions that take over traditional legislative powers. Some would even go so far as to use the federal Constitution to deny state governors their usual role. Getting the Supreme Court to sideline governors would require overruling the 90-year-old high court precedent Roberts cited, which may be why Thompson stopped short on Wednesday of advocating for such an outcome.

Clarence Thomas' Own Ruling Used Against Him in High-Stakes Election Case

 https://www.newsweek.com/clarence-thomas-own-ruling-used-against-him-high-stakes-election-case-1765471

On Wednesday, the U.S. Supreme Court heard oral arguments in the Moore v. Harper case involving the North Carolina Supreme Court and its state legislature. "North Carolina's legislative leaders are appealing a ruling from the North Carolina Supreme Court striking down the state's congressional map as an extreme partisan gerrymander," the American Civil Liberties Union (ACLU) said.

According to the Brennan Center for Justice, North Carolina legislatures have argued that the state Supreme Court did not have the authority to block a "gerrymandered congressional map."

"The legislators have argued that a debunked interpretation of the U.S. Constitution—known as the "independent state legislature theory"—renders the state courts and state constitution powerless in matters relating to federal elections," the Brennan Center said.

Takeaways from Moore v. Harper, the historic Supreme Court arguments on election rules

 https://edition.cnn.com/2022/12/07/politics/takeaways-moore-harper-supreme-court/index.html

Arguments in the Supreme Court’s blockbuster election rules case played out for more than three hours on Wednesday as the justices examined claims from the North Carolina GOP legislature, which argues that state constitutions and state courts have little or no authority to impose limits on how state legislatures craft their rules for federal elections.

The controversial “independent state legislature” theory is being used by Republican lawmakers to argue that state courts could not redraw the congressional map the legislature sought to enact in 2021.

A version of theory was promoted by allies of former President Donald Trump during their attempts to overturn the 2020 presidential election.

Wednesday, December 7, 2022

Danger to democracy in Supreme Court case isn’t theoretical

 https://www.politico.com/news/2022/12/07/arizona-legislator-danger-to-democracy-00072580

The Supreme Court begins oral arguments this Wednesday on Moore v. Harper, a North Carolina case in which Republicans are pushing to invalidate a state court’s redistricting decision based on the independent state legislature theory, a constitutional interpretation that would effectively remove the ability of state courts to check election-related laws.

“What’s at stake here are truly the checks and balances our founders laced into the system,” said Neal Katyal, a former acting U.S. solicitor general under President Obama and partner at Hogan Lovells who will argue before the court on Wednesday.

In a recent call with reporters, Katyal emphasized the unfettered ability of statehouses to draw gerrymandered maps — which are frequently challenged and overturned in state courts — as the most immediate consequence of a ruling in favor of the plaintiffs. Already in Ohio, for instance, the GOP-led legislature has for most of this year been in open defiance of the state Supreme Court’s repeated orders to redraw congressional and state legislative maps it has deemed gerrymandered.

GOP smells blood with wounded Trump

 https://thehill.com/homenews/senate/3764391-gop-smells-blood-with-wounded-trump/

Sen. Kevin Cramer (R-N.D.), who was a reliable Trump ally while he was president, said the comments about suspending the Constitution and Trump’s meeting with Fuentes are potentially “fatal” to his political aspirations.  

“I do think this recent behavior … these are foibles that are approaching fatality among the group that loves Donald Trump,” he said. “That’s the head-scratcher.  

As Netanyahu’s coalition deadline nears, Likud signs interim deal with UTJ

 https://www.timesofisrael.com/as-netanyahu-closes-in-on-coalition-deadline-likud-signs-interim-deal-with-utj/

With prime minister-designate Benjamin Netanyahu’s deadline to form a coalition fast approaching, his Likud party signed an interim coalition deal with United Torah Judaism on Tuesday night.

According to UTJ, the party signed a document stating that it had agreed to the allocation of roles in the next government, “since an extension needs to be requested from the president.”

The ultra-Orthodox party said that it will hold another meeting on Wednesday to hammer out “fundamental issues” before signing a final coalition agreement.

Trump now consorts with ‘evil’ racist loudmouths

 https://www.thejc.com/lets-talk/all/trump-now-consorts-with-'evil'-racist-loudmouths-5l04Qt9fpKtLre2YIgXS28

Guess who’s coming to dinner? A mentally ill rapper, a neo-Nazi and a born-again apologist for pederasty. If it sounds like a set-up for a bad joke or a Mel Brooks skit, that’s because it is. It is what Donald Trump always was: a deliberate failure of taste. No one is laughing now.

Trump’s private parties are of public interest. He is still the nominal leader of the Republican Party. He is running for the Republicans’ presidential nomination in 2024. But he is already yesterday’s man.

United Torah Judaism sign coalition agreement with Likud

 https://www.jpost.com/israel-news/politics-and-diplomacy/article-724246

The Likud and United Torah Judaism (UTJ) announced late Tuesday night that they had reached an agreement over the jobs that UTJ will receive in the upcoming government and coalition.

The jobs include two ministers, three deputy ministers and four Knesset committee chairpersons.

The ministries are the Construction and Housing Ministry, including the Israel Land Authority, and the "Jerusalem and Tradition" Ministry, an expansion of the Jerusalem Affairs Ministry.

Rabbis: Homosexual "Marriage" Recognition: Existential Threat

 BS"D

December 7, '22, Pearl Harbor Day: 


Leaders and all,


To avoid the specter of this Pearl Harbor Day becoming, on yet another count, "The Day that Shall Live in Infamy" -- America needs a genuine "RED WAVE" of righteous indignation to urge Rep. Elise Stefanik (R-NY), Rep. Lee Zeldin (R, NY), and Minority Leader McCarthy (as well as Rep. Scalise) to do two things - today:


1) vote against HR8404, being a rebellion against G-d, as well as a betrayal of man, and


2) urge the rest of the GOP to do the same. 


° Stefanik is probably somewhat receptive to public pressure, owing to both her position as House GOP Conference Chairwoman, and her formidable political aspirations.


° Zeldin is also somewhat influential (being considered for a position heading the Republican National Committee, according to Fox News), and has apparently already signaled that he plans on voting No this time.


They need to understand that THIS very day - on Pearl Harbor Day - 81 years later - a horde of Republicans are considering perpetrating an incomprehensible sin, tantamount to - among other things - spitting on each and every one of the graves of the 291 thousand plus combat casualties of that day and thereafter, throughout WWII, and, in fact, ALL of the 405,000-plus American casualties of that devastating war.*  Is THIS what they lived, struggled, fought and died for? Did they make the ultimate sacrifice so that their posterity could {in many cases, commemorate the hundredth anniversary of their birth-year by opting to} destroy the moral fabric on which the Republic was founded?


 (* A war which the saintly Chofetz Chaim OB"M (d.1933) had predicted to occur, as the second of three "Wars of Gog and Magog," as related in "Lev Eliyahu" (al haTorah) of Rav Elya Lopian OB"M).

~~~~

An Existential Threat:


The more votes this bill gets, the graver the legitimacy that it will lend the the dangerous myth of homosexual marriage, and the graver the danger for "dissidents" who resist this antireligious edict ("Gezairah al HaDas").




Judaism has always charged Jews with carrying a universal message.  Who will share it with the Nations of the World if not us?


 


»  Our Holy Sages, in the venerated Midrash Rabbah on the Book of VaYikra, 23:9 (on the verse Leviticus 18:3), identify the writing of marriage contracts for homosexual "marriages" as what triggered the Great Flood - the catastrophic deluge that destroyed the entirety of civilization, except No'ach and those saved with him.




»  In the Jerusalem Talmud, tractate Berachos 9:2, our Sages identify the sin of sodomy as one of the sins that precipitates earthquakes.




»  In Babylonian Talmud tractate Chullin, 92b, our Sages enumerate three Divine commandments, to which even morally degraded nations have traditionally adhered. One is their historical refusal to sanction homosexual unions as "marriage."  The clear implication is that undermining that commandment, as HR8404 seeks to do, would undermine a crucial merit, by virtue of which the Nations of the World exist, thus posing an existential threat, as in the days of No'ach's Flood.


~~~




WHATEVER CAN BE DONE TO STOP THIS EXISTENTIAL THREAT NEEDS TO BE DONE, NOW.


~~~

Links:


UPDATE: HR8404 House vote on homosexual marriage (sic) expected TODAY, Wed. December 7:


https://www.usnews.com/news/politics/articles/2022-12-06/house-delays-passage-of-same-sex-marriage-bill


Same gender marriage recognition legislation poses existential threat:


http://daattorah.blogspot.com/2022/12/rabbis-homosexual-marriage-bill.html


https://www.einnews.com/pr_news/604980342/open-letter-to-u-s-lawmakers-by-rabbinical-union-opposing-respect-for-marriage-act


HR8404 legislation = legitimization of abomination 


https://www.washingtonpost.com/business/respect-for-marriage-act-is-a-big-win-for-the-democratic-process/2022/12/06/1613f5b2-756f-11ed-a199-927b334b939f_story.html&cd=1&hl=en&ct=clnk&gl=us

========

Action Items:


Congressional Switchboard: 202-224-3121


Please ask to be transferred to (or for the number of) the specific Senator of Congressman needed.


Rep. Elise Stefanik: 

V: 202.225.4611 /

F: 518.561.2408 /

Email: Stefanik.house.gov

==

Rep. Lee Zeldin: 

V: 2022253826 /

F: 8664046613

========

° A senior Orthodox activist explained to me years ago that it's important that the elected officials understand that in addition to being an issue of deeply held principles, this type of legislation poses a very real and present danger, and does so in a very personal and tangible manner. The politicians need to understand from us that this type of legislation is killing us.




° Also realize that many politicians are seeking a way to justify voting for this open rebellion against G-d. They seek to exploit sincere concerns by good people over the threat to religious liberty posed by passing such legislation.  They offer "religious exemptions" - to enlist sincere legislators in their efforts to whitewash this inherently evil legislation. However, as I observed last week in a meeting with some high-level Republican staffers, everyone in the know knows that much of the genuflecting to  religious exemptions is really not only whitewash - but hogwash. That's because the moment the bill would pass, G-d forbid, religious exemptions would be headed on their way out, especially if its religious exemptions are solid (unlike the existing ones). So, in the long run, the religious exemptions will have had served no real purpose other than expediting the lethal legislation (as they did in N.Y. in 2011), and rendering it more acceptable, and thereby more dangerous. What the LGBT movement wants here is legitimization. We provide it to them at our own peril, G-d forbid.



Please contact these key congressmen as soon as you possibly can. A vote is expected sometime in mid-afternoon, but that could shlep, so if you're late - you may not be too late, so call if in doubt.  Please help save America from its greatest menace, the danger from within.


Thank you,


Rabbi Noson Shmuel Leiter,

Executive Director,


Help Rescue Our Children


NathanAdvisors@gmail.com / personal account


USA: 845-642-1679* «» 


* for calls and texts, but not WhatsApp


Israeli Helpline: 03-721-3337

Vaccines dramatically reduce the risk of long-term effects of COVID-19

 https://www.israelnationalnews.com/news/359483

Bar-Ilan University Prof. Michael Edelstein: 'It is becoming increasingly clear that vaccines protect not just against disease but against long-term, sometimes life-changing, effects of COVID-19.'

Prominent anti-vax doctor has license permanently revoked

 https://www.israelnationalnews.com/news/358874

Dr. Aryeh Avni, a prominent figure in what is commonly known as the "anti-vax" movement, has had his license to practice medicine permanently revoked, after the Jerusalem District Court rejected his appeal filed after the Health Ministry stripped him of his license a year ago.

"We must distinguish between having an opinion and incitement," stated Judge Nimrod Flax in his ruling, adding that Avni had "conducted a smear campaign against health authorities in an effort to persuade people not to abide by their directives. A doctor who decides to act in such a way, delegitimizing the medical authorities, places himself outside the health system."

Con Law: How a Fake Document Could Help the Supreme Court Diminish Our Democracy

 https://www.motherjones.com/politics/2022/12/moore-v-harper-charles-pinckney/

In June’s Kennedy v. Bremerton School District, the court took a hammer to the wall separating church and state, when the six conservative justices sided with a public school football coach, Joseph Kennedy, who claimed he was fired for quietly praying alone after the final whistle. “Joseph Kennedy lost his job as a high school football coach because he knelt at midfield after games,” Justice Neil Gorsuch wrote in his majority opinion. “He offered his prayers quietly while his students were otherwise occupied.”

This is not what happened. The record in the case shows that Kennedy’s prayers were neither quiet nor private; students joined in, some because they felt pressured—which is precisely why schools prohibit such prayers. “Kennedy’s practice evolved into postgame talks in which Kennedy would hold aloft student helmets and deliver speeches with ‘overtly religious references,’” Justice Sonia Sotomayor wrote in her dissent, which included a picture showing Kennedy raising a helmet while players kneel around him. When asked to make his prayers private, Kennedy had refused.


HR8404 vote expected Wed

 BS"D

December 6, '22


UPDATE: HR8404 AND female draft/S/S House votes expected tommorow, Wed.:


https://www.usnews.com/news/politics/articles/2022-12-06/house-delays-passage-of-same-sex-marriage-bill


Same gender marriage recognition legislation poses existential threat:


http://daattorah.blogspot.com/2022/12/rabbis-homosexual-marriage-bill.html


https://www.einnews.com/pr_news/604980342/open-letter-to-u-s-lawmakers-by-rabbinical-union-opposing-respect-for-marriage-act


HR8404 legislation = legitimization of abomination 


https://www.washingtonpost.com/business/respect-for-marriage-act-is-a-big-win-for-the-democratic-process/2022/12/06/1613f5b2-756f-11ed-a199-927b334b939f_story.html&cd=1&hl=en&ct=clnk&gl=us



Congressional Switchboard: 202-224-3121


Please ask to be transferred to (or for the number of) the specific Senator or Congressman needed.


Rabbi Noson Shmuel Leiter,


Executive Director,


Help Rescue Our Children

NathanAdvisors@gmail.com / personal account


USA: 845-642-1679* «» 


* for calls and texts, but not WhatsApp


Israeli Helpline: 03-721-3337

Far Right Turns on Marjorie Taylor Greene

 https://www.newsweek.com/far-right-turns-marjorie-taylor-greene-1765101

"It bothers me and should bother all of you that MTG is claiming to be pro-Trump and using Trump to boost her profile, while she and her team are secretly undermining him by using Milo as a political operative to make Trump look bad," Loomer said. "MTG is a snake and she needs to go. That's why I call her Marjorie TRAITOR Greene."