A LESSON IN THE RULE OF LAW

 Liberals like to talk about the rule of law, but they don’t really believe in it. They usually think that laws are general guideposts that point in a broad direction. It is up to liberal judges to exercise those mandates in accord with their policy preferences.

The “bump stock” case that the Supreme Court decided yesterday is a case in point. I had never heard of a bump stock until 2017, when a mass murderer in Las Vegas used them to, apparently, increase the rate of fire on the rifles he was using. The Court’s majority opinion by Justice Thomas includes a detailed description of how a bump stock works, which I won’t reproduce here.

The issue in the case was whether a bump stock transforms a semiautomatic rifle into a machine gun within the meaning of 26 U. S. C. §5845(b). The Bureau of Alcohol, Tobacco and Firearms had always taken the position that a rifle with a bump stock is not a machine gun. After the Las Vegas massacre, ATF abruptly reversed course and banned bump stocks.

Machine guns are heavily regulated under federal law. This is the statutory definition of a machine gun:

…any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.

The basic difference between a semiautomatic and an automatic weapon is that with an automatic weapon, you can hold the trigger down and the firearm will fire continuously. With a semiautomatic weapon, pulling the trigger fires one round. You have to let the trigger reset and pull it again to fire another round. A semiautomatic rifle with a bump stock requires a separate trigger pull for each shot; the bump stock, if skillfully used by the shooter, allows the trigger pulls to come faster.

Justice Thomas’ majority opinion (it was a 6-3 decision) patiently explains why a bump stock, while it might help a shooter to increase his rate of fire, does not “automatically” fire “more than one shot” “by a single function of the trigger.” A basic principle of the rule of law is that a statute means what it says, not what a liberal judge thinks it might better have said.

Justice Alito’s concurring opinion makes the point briefly:

I join the opinion of the Court because there is simply no other way to read the statutory language. There can be little doubt that the Congress that enacted 26 U.S.C. §5845(b) would not have seen any material difference between a machinegun and a semiautomatic rifle equipped with a bump stock. But the statutory text is clear, and we must follow it.

The horrible shooting spree in Las Vegas in 2017 did not change the statutory text or its meaning. That event demonstrated that a semiautomatic rifle with a bump stock can have the same lethal effect as a machinegun, and it thus strengthened the case for amending §5845(b). But an event that highlights the need to amend a law does not itself change the law’s meaning.

There is a simple remedy for the disparate treatment of bump stocks and machineguns. Congress can amend the law—and perhaps would have done so already if ATF had stuck with its earlier interpretation. Now that the situation is clear, Congress can act.

I think Alito concedes too much regarding the lethality of the bump stock for the sake of argument, but his point is irrefutable. The dissent by Justice Sotomayor begins exactly as you would expect, from someone who regards the actual language of a statute as incidental:

On October 1, 2017, a shooter opened fire from a hotel room overlooking an outdoor concert in Las Vegas, Nevada, in what would become the deadliest mass shooting in U. S. history. Within a matter of minutes, using several hundred rounds of ammunition, the shooter killed 58 people and wounded over 500.

It was, as I said, a basic lesson in the rule of law. Democrats have gotten used to working through administrative agencies and the courts to enact rulings and regulations that have come to govern us far more than the actual laws passed by Congress. This process is enabled by the assumption that text is malleable and means what regulators and judges want it to mean. That is the opposite of the rule of law, for which the Supreme Court’s majority–at long as it persists–stands.

BY JOHN HINDERAKER

https://www.powerlineblog.com/archives/2024/06/a-lesson-in-the-rule-of-law.php

Philly Fights Back

 For the past decade, Philadelphia has earned a reputation as a city marked by violent crime, open air drug markets, and feckless leadership. But a new mayor and chief of police have decided that enough is enough.

The Kensington neighborhood has been ground zero for the city’s broken crime policies. Drug dealers there have operated with impunity in what has been called “the East Coast’s largest open-air drug market.” Drug users, most coming from outside the city, have flocked to the area. Kensington’s addicts typically started by using heroin or prescription opioids, then graduated to fentanyl. More recently, they have been overdosing on “tranq,” the street name of xylazine, an animal tranquilizer that causes catastrophic damage to skin and muscle tissue, often resulting in amputations. All this drug activity has turned the area into a killing zone with one of the city’s highest homicide rates, even as Philadelphia itself has earned a dubious national distinction: its homicide rate rated as the worst among America’s ten largest cities in 2021.

Who were the leaders overseeing this disaster? Philadelphia mayor Jim Kenney opted for every “progressive” policy on the menu, from reducing police funding to embracing sanctuary city status. The results were so startlingly bad, with crime spiking and residents fleeing, that Kenney infamously stated that he would be happy when he was no longer mayor. Kenney made his own situation worse by selecting Danielle Outlaw as Philadelphia police chief. Outlaw lacked experience leading a police department for a municipality as large and violent as the City of Brotherly Love. She failed on all fronts, resigning in 2023, just as Kenney’s term as mayor was expiring. Philadelphia’s district attorney throughout this time has been Larry Krasner, a “progressive” prosecutor best-known for feuding with the police and proudly not prosecuting crimes, even as the city set an all-time record for murders. Kenney and Outlaw are both out; only Krasner remains of this terrible troika.

In 2024, a new mayor and police chief took over. Mayor Cherelle Parker is a no-nonsense woman who grew up in the city. She ran as a moderate who prioritized re-establishing public safety. Once in office, Mayor Parker immediately declared a state of emergency based on crime, a step that Kenney had refused to take. She also chose Kevin Bethel as police chief. Bethel is an experienced and levelheaded police leader with deep ties to the city and a thorough understanding of the drivers of violence.

Mayor Parker and Chief Bethel have wasted no time in trying to regain control of the city. They immediately cracked down on the packs of illegal ATV and dirt-bike riders that terrorized all neighborhoods. They cleaned out the massive encampments of squatters that were making Kensington a crime magnet. And in their most recent move, they assigned the entire graduating class of the Philadelphia Police Academy—75 new police officers—to patrol in Kensington, stopping the open-air drug dealing and rampant drug use that drives violence. Essentially, the mayor and police chief are treating the entire area of Kensington as a crime “hot spot.” Crime hot spots are the roughly 5 percent of locations in any city associated with over 50 percent of the violent crime; it is one of the most carefully researched and replicated statistical findings in criminology, applicable to large cities around the world.

How will DA Krasner react? By now, he probably realizes he is in a fight for his political life. Voters across the country have seen what happens when prosecutors won’t prosecute, and they are not happy. Even the liberal voters of Portland, Oregon, kicked out District Attorney Mike Schmidt, fed up with the death and disorder that resulted from his non-prosecution policies. In San Francisco, voters recalled progressive DA Chesa Boudin. Across the Bay, Oakland’s chief prosecutor Pamela Price is now facing her own recall election. Los Angeles district attorney George Gascon looks to be on his last legs politically. Kim Gardner stepped down in St. Louis, and Kim Foxx announced that she would not run again in Chicago, as voters in both cities sent strong messages of dissatisfaction with the violence in their streets. Krasner has to be feeling the heat.

Early results in Philadelphia are encouraging. Crime rates have been declining as the new administration has rolled out its public safety program across the city. The mayor and the chief should be commended for seeing what needed to be done and having the courage to pursue it. Much work remains, but the city now has two top officials determined to change the disastrous path that Philadelphia was on.

The message to other cities is simple: if Philadelphia can pull itself out of its mess, so can you.

Tom Hogan has served as a federal prosecutor, local prosecutor, and elected district attorney. He currently is a law school professor.

https://www.city-journal.org/article/philadelphia-fights-back

Why Hollywood Can’t Save Joe Biden This Time

 Reality can be the cruelest of mistresses.

This fact, one assumes, is not lost on Joe Biden.

Last month, the president’s public approval reached its lowest point in nearly two years. Biden’s approval rating among young Americans is particularly low.

His administration’s inability to connect with this crucial demographic spells trouble for the Democrats. The youth vote could prove to be a decisive factor in November.

Enter “Won’t PAC Down,” a new super PAC with a star-studded Hollywood lineup. The group’s mission? Rejuvenate Biden’s appeal among young voters.

Imagine writers and comedians from “Saturday Night Live” and “Parks and Recreation” joining forces with political strategists to inject some much-needed energy into Biden’s image.

Well, imagine no more. 

Their primary goal is to make Biden appear humorous (no easy feat). They intend to achieve this by using a potent mix of comedy and insight designed specifically for Millennials and Gen Zers. Instead of banking on tired celebrity endorsements, they’re enlisting young writers, directors and producers to craft stories that resonate with youth culture.

Victor Borge famously suggested that “laughter is the shortest distance between two people.” That explains the super PAC’s somewhat laughable attempt.

Will witty remarks and carefully curated content be enough to boost Biden’s standing among the young and restless?

The answer is almost certainly no.

When it comes to Biden, according to NBC News, young voices across the political landscape are expressing a range of grievances, from disgust to distrust, driven by a sense of disconnection from the current administration. The initial excitement they initially felt for Biden has faded under the harsh light of reality, leaving young voters feeling dismayed, deflated and dejected.

Poll shows Biden losing support among young voters ahead of 2024 election

Concerns about the president’s cognitive decline, once softly whispered in the corridors of power, are now openly discussed. The concern transcends partisan lines and touches on a deeper anxiety about Biden’s ability to lead in a world that appears to be edging closer to a third world war.

In short, all the joke writers in the world can’t save Biden.

As Lee Miringoff, director of the Marist College Institute for Public Opinion, put it, “Younger voters don’t approve of the job Biden is doing, don’t particularly like him very much, don’t think he has the mental fitness to be president and don’t think he’s handling the most important issues very well.”

Biden’s rival, on the other hand, is doing well with younger voters. Polls indicate that Donald Trump is gaining significant traction among young Americans.

Trump’s unconventional and provocative style resonates with a segment of the youth drawn to his outsider status and his willingness to challenge the establishment.

His presence on social media, where he remains a highly visible and influential figure, also helps him connect with younger voters who consume much of their news and information through these platforms.

Trump was made for social media. Biden was not.

However, as The Washington Post just reported, a group of Democratic donors are working tirelessly to try and make Biden look cool. Again, not an easy task. Ignoring their own worries about young voter disillusionment reflected in Biden’s sagging poll numbers, they’ve devised a rather shameless new strategy to energize voters in at least seven critical states.

By organizing dance parties and comedy shows, and plying attendees with free beer, manicures and contraceptives, donors think this will be enough to convince the skeptics.

Hollywood successfully rallied to Joe Biden’s side in 2020. Don’t expect a sequel.

This glorified PR stunt reeks of desperation, much like the effort to enlist comedy scribes. With inflation soaring, a cost of living crisis crippling the country and an increasingly porous border, there is little to laugh about in America today.

John Mac Ghlionn is a researcher and essayist. He covers psychology and social relations and has a keen interest in social dysfunction and media manipulation. Follow him on Twitter @ghlionn.

https://www.hollywoodintoto.com/joe-biden-hollywood-wont-pac-down/

Healthcare SPAC Launch One Acquisition files for a $200 million IPO

 Launch One Acquisition, a blank check company targeting the healthcare sector, filed on Thursday with the SEC to raise up to $200 million in an initial public offering.

The Oakland, CA-based company plans to raise $200 million by offering 20 million units at $10. Each unit consists of one share of common stock and one-half of a warrant, exercisable at $11.50. At the proposed deal size, Launch One Acquisition would command a market value of $250 million.

Launch One Acquisition is led by CEO and Director Chris Ehrlich, a former Senior Managing Director at life sciences-focused Locust Walk, and Chairman Ryan Gilbert, the founder and General Partner of financial services-focused venture firm Launchpad Capital. The company plans to target the healthcare or healthcare-related sectors, with a focus on life sciences.

Management has been involved with several past SPACs. Ehrlich previously served as the CEO of Phoenix Biotech Acquisition (merged with CERO; -96% from $10 offer price) and Locust Walk Acquisition (merged with EFTR; -86%). Gilbert's recent roles include serving as CEO of FTAC Olympus Acquisition (merged with PAYO; -45%) and an advisor to Phoenix Biotech Acquisition, Locust Walk Acquisition, and Newcourt Acquisition (merged with PBM; -94%).

Launch One Acquisition was founded in 2024 and plans to list on the Nasdaq under the symbol LPAAU. Launch One Acquisition filed confidentially on April 10, 2024. Cantor Fitzgerald is the sole bookrunner on the deal.

Relevant Profile: LPAAU

https://www.renaissancecapital.com/IPO-Center/News/105210/Healthcare-SPAC-Launch-One-Acquisition-files-for-a-$200-million-IPO

Health services provider Concentra files for an estimated $500 million IPO

 Concentra Group Holdings Parent, an occupational health services provider being spun out of Select Medical, filed on Friday with the SEC to raise up to $100 million in an initial public offering. However, this is likely a placeholder for a deal we estimate could raise up to $500 million.

Concentra states that it is the largest provider of occupational health services in the US by number of locations. As of March 31, 2024, the company operated 547 stand-alone occupational health centers in 41 states, and 151 onsite health clinics at employer worksites in 37 states. It has also expanded its reach via its telemedicine program, serving 43 states and the District of Columbia. Concentra's network of approximately 11,000 colleagues and affiliated physicians and clinicians supported the delivery of services to more than 50,000 patients each business day on average during 2023.

The Addison, TX-based company was founded in 1979 and booked $1.8 billion in revenue for the 12 months ended March 31, 2024. It plans to list on the NYSE under the symbol CON. Concentra Group Holdings Parent filed confidentially on March 11, 2024. J.P. Morgan, Goldman Sachs, BofA Securities, Deutsche Bank, Wells Fargo Securities, Mizuho Securities, RBC Capital Markets, and Truist Securities are the joint bookrunners on the deal. No pricing terms were disclosed.

Relevant Profile: CON

https://www.renaissancecapital.com/IPO-Center/News/105243/Health-services-provider-Concentra-files-for-an-estimated-$500-million-IPO

North Korea Reportedly Sending Shipments Of 5 Million Artillery Shells To Russia

 North Korea has recently sent containers to Russia that could hold as many as 4.8 million artillery shells, South Korean Defense Minister Shin Won-sik said in an interview with Bloomberg published on June 14th.  Seoul spotted at least 10,000 containers being shipped from North Korea to Russia, according to Won-sik. Pyongyang has also sent dozens of ballistic missiles that Moscow troops have launched against Ukraine.

To put this in perspective, the US has sent only 300,000 artillery shells to Ukraine (most of them maintained since the 1980s in a reserve stockpile meant for Israel) and is straining to meet a manufacturing quota of 100,000 shells per month by 2025.  The disparity between the production of armaments between NATO and Russia (and its allies) has proven to be immense.  From artillery to armor to ammunition, NATO simply cannot keep up.

In exchange for the ordnance Russia is allegedly giving North Korea oil, satellite technology as well as tech to improve their tanks and aircraft.  North Korea's cheap labor, while ethically abhorrent in nature, is proving useful in the fast manufacture of weapons.

Critics argue that artillery coming from North Korea is "substandard" and far less advanced than western produced artillery, leading to a decrease in effect on target.  However, 5 million rounds is an incredible arsenal regardless of technology - That's more than enough boom to support a large scale offensive. 

Beyond the typical and completely unsupported claims by Ukrainian officials that Russia plans to invade Europe should Ukraine fall, they have been surprisingly honest about the dire situation they face.  Ukrainian ordnance is running out fast while Russia's production increases exponentially.  It's a recipe for defeat, but Ukraine seems to be under the impression that this weaponry is simply waiting to be shipped from the US or EU - It's not.  Supplies are slim and manufacturing is slow.

The new information comes nine months after Kim Jong Un reportedly traveled to Russia to meet with Vladimir Putin, and Putin is expected to travel to Pyongyang in the next few days.  Agreements with North Korea for armaments are in violation of UN sanctions, though it's easy to understand why Putin would care little about the UN's position.

It's not clear if South Korea believes all the artillery has already arrived in Russia, but the timing of the report coincides with rumors that Russia is preparing for a major offensive action sometime this summer.  Russia has been engaging in an "attrition warfare" strategy in Ukraine, something which the US and Europe have not dealt with since the Vietnam War over 60 years ago.  It's a method that most NATO military experts, accustomed to maneuver warfare against low-tech insurgent targets, have never encountered outside of a classroom.

A key element of Russia's strategy involves the use of artillery as a shield to protect offensive units as they advance against Ukrainian bunkers and trenches.  With Russia already breaking through Ukraine's defenses in several regions there may be a major push in the next two months designed to exploit their artillery advantage.       

https://www.zerohedge.com/geopolitical/north-korea-reportedly-sending-shipments-5-million-artillery-shells-russia

CNN rules for first US presidential debate: no props, muted microphones

 The first U.S. presidential debate between incumbent Joe Biden and Republican rival Donald Trump on June 27 will include two commercial breaks, no props and muted microphones except when recognized to speak, CNN said Saturday.

In May, the candidates agreed to face off in two debates including one this month that will be moderated by CNN anchors Jake Tapper and Dana Bash in Atlanta, while the other on Sept. 10 will be hosted by ABC.

CNN said Saturday both candidates will appear at a uniform podium during the 90-minute debate, podium positions will be determined by a coin flip and candidates will be given a pen, a pad of paper and a bottle of water but cannot use props.

"Microphones will be muted throughout the debate except for the candidate whose turn it is to speak," CNN said.

CNN, a division of Warner Bros Discovery, said the moderators "will use all tools at their disposal to enforce timing and ensure a civilized discussion."

During the two commercial breaks, campaign staff may not interact with their candidate, and there will be no studio audience.

CNN said candidates eligible to participate must appear on a sufficient number of state ballots to reach the 270 electoral vote threshold needed to win and receive at least 15% in four separate national polls.

CNN said it is "not impossible" Robert F. Kennedy Jr., who is running as an independent, could qualify, saying he has received at least 15% in three qualifying polls to date and has qualified for the ballot in six states, making him eligible for 89 electoral college votes.

Debates, which will draw a U.S. live television audience in the tens of millions, are fraught with risks for both candidates, who face a close race.

Biden has three preferred debate topics, according to a campaign memo viewed by Reuters: abortion rights, the state of democracy and the economy.

Trump refused to debate his rivals during the Republican nominating race. His team has pointed to immigration, public safety and inflation as key issues ahead of the debate.

https://www.yahoo.com/news/cnn-rules-first-us-presidential-233359344.html