2 Dead, 1 Gunman Arrested In Kenosha Riots, As Family of Jacob Blake Calls for Calm

reason-kenosha

The mother of Jacob Blake, the man who was shot in the back by Kenosha police on Sunday, has called for an end to the rioting that broke out in the aftermath her son’s shooting, which has since left two people dead.

“My family and I are very hurt. And quite frankly disgusted,” Julia Jackson, Blake’s mother, said in an interview with CNN Tuesday. “And as his mother, please don’t burn up property and cause havoc and tear your own homes down in my son’s name. You shouldn’t do it.”

Blake is, according to his father, paralyzed from the waist down.

The video of his shooting prompted riots in the 100,000-person city of Kenosha, where businesses and vehicles have been torched. The city has declared an 8 p.m. curfew and 100 members of the Wisconsin National Guard have been deployed to the city.

Two people were fatally shot Tuesday night, according to a statement from the Kenosha Police Department.

Before the shooting incident, police, using tear gas, had pushed demonstrators out of a park in front of the Kenosha Courthouse.

Some of the crowd had reassembled at a nearby gas station where they got into repeated verbal arguments with armed men who said they were there to protect businesses from vandalism, reports The New York Times. A video of the incident shows a person with a rifle being chased down a street by a crowd of people.

One man can be seen taking a swing at the back of the gunman’s head. He later falls to the ground and is set upon by several members of the crowd, and can be seen shooting at least two of them. The shooter is then seen walking toward armored police vehicles.

Several bystanders in video of the incident say that the gunman was being chased after already shooting someone, reports NPR. The alleged shooter, 17-year-old Kyle Rittenhouse of Antioch, Illinois, was arrested in Illinois and charged with first-degree intentional homicide.

The Daily Beast reports that Rittenhouse was an active supporter of Blue Lives Matter and pro-police causes on Facebook. An interview posted to Twitter by Daily Caller videographer Richard McGinnis shows Rittenhouse stating that he was there to protect businesses and that he was carrying a rifle and medical kit.

Fellow vigilantes claimed not to know Rittenhouse when confronted by demonstrators after the shooting, saying they only referred to him as “medic.”

Many of the details surrounding last night’s shooting incident remain murky. Wisconsin state police are in charge of the investigation, reports The New York Times. 

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Classes #4: “Enumerated Powers II – The New Deal Court” and “The Contract of Sale II”

My class videos for today are on YouTube. I was able to eliminate the buzzing feedback sound.

Class 4: Enumerated Powers II – The New Deal Court (8/26/20)

  • Schechter Poultry Corp. v. United States (218-223)
  • The New Deal Court (223-225)
  • NLRB v. Jones & Laughlin Steel Corp. (226-229)
  • United States v. Darby (229-232)
  • Wickard v. Filburn (232-237)
  • Cushman, Rethinking the New Deal (237-239)

Class 4: The Contract of Sale II (8/26/20)

  • Duty to Disclose Defects:
  • Stambovsky v. Ackley, 581-586
  • Johnson v. Davis, 586-591
  • Merger, 591-592
  • Implied Warranty of Quality: 592-595

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Classes #4: “Enumerated Powers II – The New Deal Court” and “The Contract of Sale II”

My class videos for today are on YouTube. I was able to eliminate the buzzing feedback sound.

Class 4: Enumerated Powers II – The New Deal Court (8/26/20)

  • Schechter Poultry Corp. v. United States (218-223)
  • The New Deal Court (223-225)
  • NLRB v. Jones & Laughlin Steel Corp. (226-229)
  • United States v. Darby (229-232)
  • Wickard v. Filburn (232-237)
  • Cushman, Rethinking the New Deal (237-239)

Class 4: The Contract of Sale II (8/26/20)

  • Duty to Disclose Defects:
  • Stambovsky v. Ackley, 581-586
  • Johnson v. Davis, 586-591
  • Merger, 591-592
  • Implied Warranty of Quality: 592-595

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The Politics of Guns Are Changing. Politicians Need To Catch Up.

splrfphotos143715

Amidst lots of the empty, emotive posturing you get at political conventions, last week’s Democratic gathering featured triumphalist cheerleading for gun restrictions. Sensing ballot-box victory within their grasp, the party’s officials pulled out the stops on threadbare proposals to dismiss self-defense rights and disarm civilians. It was as if the convention had beamed in from 2019, skipping over months of pandemic-driven uncertainty, growing skepticism toward the competency and decency of police, and social unrest that has driven millions of Americans to purchase firearms.

Oblivious to a changing world, political figures are pushing policies for which the moment has passed.

Far from the seats of political power, guns are very popular right now. FBI records of background checks, an indicator of gun sales from licensed dealers, hit an all-time high of 3.9 million in June, up from 2.3 million a year earlier and 1.9 million in June of 2018. The numbers remained high in July, at 3.6 million background checks.

More importantly, industry surveys say that many of those background checks and subsequent purchases involve new gun owners, not just established firearms fanciers adding to personal collections.

“Retailers reported an increased number of first-time gun buyers, estimating that 40 percent of their sales were to this group,” the National Shooting Sports Foundation (NSSF) announced in early June.  “This is an increase of 67 percent over the annual average of 24-percent first-time gun buyers that retailers have reported in the past.”

“All this equates to more than 2.5 million new gun owners in a very short period of time,” the NSSF adds.

There’s no mystery about the reasons for the surge in sales.

The year opened with widespread fears that the country’s divisive politics would lead to violence in an election year. “Nearly six in ten Americans agree that there will be protests or rioting in the United States over the next year in response to how the country is being run,” Ipsos reported in January. “Research suggests that many Americans are particularly concerned about the 2020 election cycle.”

That was before the COVID-19 pandemic struck the U.S, resulting in panic-buying that stripped store shelves and lockdown orders that crippled the economy. The Ipsos poll also predated high-profile police violence against civilians—especially the killing of George Floyd and, more recently, the shooting of Jacob Blake—that brought Black Lives Matter protesters and then rioters into the streets in many cities.

Along the way, many Americans lost faith in the government’s ability to make intelligent judgments and keep the peace, and the fairness and decency of law enforcement officers.

As a result, Americans are purchasing firearms in record numbers. And many of those buyers are from outside the ranks of traditional firearms fans.

In recent years, gun ownership has come to have a distinct partisan and demographic flavor. Republicans are more than twice as likely as Democrats to say that they own a gun. “White men are especially likely to be gun owners: About half (48%) say they own a gun, compared with about a quarter of white women and nonwhite men (24% each) and 16% of nonwhite women,” notes Pew Research.

That has made restrictions on the means for self-defense an easy sell for Democratic officeholders. Gun laws have been convenient weapons for targeting political enemies without offending supporters.

But the world is changing. According to the NSSF, “40 percent of first-time gun buyers in the first four months of 2020 were female. The main purchase driver among the group was personal protection, followed by target shooting and hunting.”

African-Americans, who are often unfairly targeted by law-enforcement and have vocally protested such treatment, are stocking on up on tools to defend themselves, too.

“The highest overall firearm sales increase comes from Black men and women who show a 58.2 percent increase in purchases during the first six months of 2020 versus the same period last year,” the NSSF noted in July.

Black Americans have armed themselves to push back against police, to put racists on notice, and to protect their homes and businesses.

“The arrival of militia members and armed private citizens is to be expected in cities where there is intense fallout from fatal use-of-force incidents,” Reason‘s Zuri Davis wrote in May. “Black activists, some inspired by the likes of Malcolm X and the Black Panthers, are using their guns to remind the public that they, too, have a voice.”

To this growing constituency for owning firearms, gun-controllers have a clunky, tone-deaf message: Vote for us and we’ll pass laws that make it harder for you to protect your families! Even better, those laws will give the cops you’re protesting more excuses to hassle you!

Obsessed with winning control over the federal government and punishing their hated political opponents, mostly Democratic gun control advocates failed to notice that the policies they favor were crafted for a world in which much of the population generally trusts government and its enforcers. That world was always largely imaginary; trust in government has sunk for years, and large majorities of African-Americans have long harbored doubts about law enforcement. But whatever was real about that image of the world has been swept away by recent events.

The world of 2020 is one in which gun ownership is losing its status as a partisan marker and becoming an expression of reliance in self and community across the population. Politicians still peddling schemes for restricting firearms ownership are asking the public to put their lives in the hands of a government they don’t trust, with those laws to be enforced by police in whom there’s record low confidence. If implemented, those laws won’t hurt just political enemies; they’ll also harm growing ranks of new gun owners among groups that were once assumed to be reliable supporters of restrictions.

The politics of guns are changing in a year that has demolished old arguments for gun control. Politicians need to catch up with the new reality.

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Florida Will Pay Out $4.6 Million to Female Inmate Paralyzed After Guard Beating

weimar

The state of Florida will pay out $4.65 million to settle a civil rights lawsuit filed by Cheryl Weimar, a state prison inmate who was paralyzed from the neck down after a brutal beating by guards last September.

The Miami Herald reports that the payout could be the largest settlement ever by the state in a prison abuse case. (In 2018, the state paid $4.5 million to the family of Darren Rainey, a mentally ill Florida inmate who was boiled to death in a rigged shower by two guards).

The settlement agreement closes the book, at least on the civil side, on a case that put a gruesome spotlight on Florida’s troubled prison system, and specifically ongoing allegations of brutality and abuse at Lowell Correctional Institution, the state’s largest women’s prison.

According to Weimar’s lawsuit, she complained to a guard on Aug. 21 of last year, saying she couldn’t clean toilets because of pain from a pre-existing hip condition. This led to a confrontation with two Lowell correctional officers. Weimar, who has a history of mental illness, tried to declare a psychological emergency. Under department policy, the guards should have called for medical personnel.

Instead, her lawsuit alleged, the guards slammed her to the ground and began beating her. At least one guard elbowed the back of her neck, the suit said. Guards then dragged Weimar “like a rag doll” to an area not covered by surveillance cameras and continued beating her nearly to death.

For the past year, she has been confined to a hospital bed, paralyzed from the neck down, and dependent on feeding tubes.

Internal Florida Department of Corrections (FDOC) incident reports showed that Keith Turner, one of the guards allegedly involved in the beating, had a long history of complaints against him alleging excessive force, verbal and physical abuse, and trading contraband cigarettes for oral sex. Turner was later arrested on charges of molesting two minors and fired from the FDOC. The other correctional officer named in the lawsuit was reassigned and remains employed at the department.

The Florida Department of Law Enforcement (FLDE) and the FDOC Office of the Inspector General both launched investigations into Weimar’s beating. The FDLE investigation is still ongoing, according to a department spokesperson.

In 2018, the Justice Department launched a civil rights investigation into pervasive misconduct and sexual assaults by correctional staff at Lowell. A 2015 Miami Herald investigation found numerous accusations of assaults, retaliation, filthy conditions, inadequate healthcare, and suspicious deaths at the prison, as well as “an inadequate number of cameras,” which allows guards to hide brutality.

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The Politics of Guns Are Changing. Politicians Need To Catch Up.

splrfphotos143715

Amidst lots of the empty, emotive posturing you get at political conventions, last week’s Democratic gathering featured triumphalist cheerleading for gun restrictions. Sensing ballot-box victory within their grasp, the party’s officials pulled out the stops on threadbare proposals to dismiss self-defense rights and disarm civilians. It was as if the convention had beamed in from 2019, skipping over months of pandemic-driven uncertainty, growing skepticism toward the competency and decency of police, and social unrest that has driven millions of Americans to purchase firearms.

Oblivious to a changing world, political figures are pushing policies for which the moment has passed.

Far from the seats of political power, guns are very popular right now. FBI records of background checks, an indicator of gun sales from licensed dealers, hit an all-time high of 3.9 million in June, up from 2.3 million a year earlier and 1.9 million in June of 2018. The numbers remained high in July, at 3.6 million background checks.

More importantly, industry surveys say that many of those background checks and subsequent purchases involve new gun owners, not just established firearms fanciers adding to personal collections.

“Retailers reported an increased number of first-time gun buyers, estimating that 40 percent of their sales were to this group,” the National Shooting Sports Foundation (NSSF) announced in early June.  “This is an increase of 67 percent over the annual average of 24-percent first-time gun buyers that retailers have reported in the past.”

“All this equates to more than 2.5 million new gun owners in a very short period of time,” the NSSF adds.

There’s no mystery about the reasons for the surge in sales.

The year opened with widespread fears that the country’s divisive politics would lead to violence in an election year. “Nearly six in ten Americans agree that there will be protests or rioting in the United States over the next year in response to how the country is being run,” Ipsos reported in January. “Research suggests that many Americans are particularly concerned about the 2020 election cycle.”

That was before the COVID-19 pandemic struck the U.S, resulting in panic-buying that stripped store shelves and lockdown orders that crippled the economy. The Ipsos poll also predated high-profile police violence against civilians—especially the killing of George Floyd and, more recently, the shooting of Jacob Blake—that brought Black Lives Matter protesters and then rioters into the streets in many cities.

Along the way, many Americans lost faith in the government’s ability to make intelligent judgments and keep the peace, and the fairness and decency of law enforcement officers.

As a result, Americans are purchasing firearms in record numbers. And many of those buyers are from outside the ranks of traditional firearms fans.

In recent years, gun ownership has come to have a distinct partisan and demographic flavor. Republicans are more than twice as likely as Democrats to say that they own a gun. “White men are especially likely to be gun owners: About half (48%) say they own a gun, compared with about a quarter of white women and nonwhite men (24% each) and 16% of nonwhite women,” notes Pew Research.

That has made restrictions on the means for self-defense an easy sell for Democratic officeholders. Gun laws have been convenient weapons for targeting political enemies without offending supporters.

But the world is changing. According to the NSSF, “40 percent of first-time gun buyers in the first four months of 2020 were female. The main purchase driver among the group was personal protection, followed by target shooting and hunting.”

African-Americans, who are often unfairly targeted by law-enforcement and have vocally protested such treatment, are stocking on up on tools to defend themselves, too.

“The highest overall firearm sales increase comes from Black men and women who show a 58.2 percent increase in purchases during the first six months of 2020 versus the same period last year,” the NSSF noted in July.

Black Americans have armed themselves to push back against police, to put racists on notice, and to protect their homes and businesses.

“The arrival of militia members and armed private citizens is to be expected in cities where there is intense fallout from fatal use-of-force incidents,” Reason‘s Zuri Davis wrote in May. “Black activists, some inspired by the likes of Malcolm X and the Black Panthers, are using their guns to remind the public that they, too, have a voice.”

To this growing constituency for owning firearms, gun-controllers have a clunky, tone-deaf message: Vote for us and we’ll pass laws that make it harder for you to protect your families! Even better, those laws will give the cops you’re protesting more excuses to hassle you!

Obsessed with winning control over the federal government and punishing their hated political opponents, mostly Democratic gun control advocates failed to notice that the policies they favor were crafted for a world in which much of the population generally trusts government and its enforcers. That world was always largely imaginary; trust in government has sunk for years, and large majorities of African-Americans have long harbored doubts about law enforcement. But whatever was real about that image of the world has been swept away by recent events.

The world of 2020 is one in which gun ownership is losing its status as a partisan marker and becoming an expression of reliance in self and community across the population. Politicians still peddling schemes for restricting firearms ownership are asking the public to put their lives in the hands of a government they don’t trust, with those laws to be enforced by police in whom there’s record low confidence. If implemented, those laws won’t hurt just political enemies; they’ll also harm growing ranks of new gun owners among groups that were once assumed to be reliable supporters of restrictions.

The politics of guns are changing in a year that has demolished old arguments for gun control. Politicians need to catch up with the new reality.

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Florida Will Pay Out $4.6 Million to Female Inmate Paralyzed After Guard Beating

weimar

The state of Florida will pay out $4.65 million to settle a civil rights lawsuit filed by Cheryl Weimar, a state prison inmate who was paralyzed from the neck down after a brutal beating by guards last September.

The Miami Herald reports that the payout could be the largest settlement ever by the state in a prison abuse case. (In 2018, the state paid $4.5 million to the family of Darren Rainey, a mentally ill Florida inmate who was boiled to death in a rigged shower by two guards).

The settlement agreement closes the book, at least on the civil side, on a case that put a gruesome spotlight on Florida’s troubled prison system, and specifically ongoing allegations of brutality and abuse at Lowell Correctional Institution, the state’s largest women’s prison.

According to Weimar’s lawsuit, she complained to a guard on Aug. 21 of last year, saying she couldn’t clean toilets because of pain from a pre-existing hip condition. This led to a confrontation with two Lowell correctional officers. Weimar, who has a history of mental illness, tried to declare a psychological emergency. Under department policy, the guards should have called for medical personnel.

Instead, her lawsuit alleged, the guards slammed her to the ground and began beating her. At least one guard elbowed the back of her neck, the suit said. Guards then dragged Weimar “like a rag doll” to an area not covered by surveillance cameras and continued beating her nearly to death.

For the past year, she has been confined to a hospital bed, paralyzed from the neck down, and dependent on feeding tubes.

Internal Florida Department of Corrections (FDOC) incident reports showed that Keith Turner, one of the guards allegedly involved in the beating, had a long history of complaints against him alleging excessive force, verbal and physical abuse, and trading contraband cigarettes for oral sex. Turner was later arrested on charges of molesting two minors and fired from the FDOC. The other correctional officer named in the lawsuit was reassigned and remains employed at the department.

The Florida Department of Law Enforcement (FLDE) and the FDOC Office of the Inspector General both launched investigations into Weimar’s beating. The FDLE investigation is still ongoing, according to a department spokesperson.

In 2018, the Justice Department launched a civil rights investigation into pervasive misconduct and sexual assaults by correctional staff at Lowell. A 2015 Miami Herald investigation found numerous accusations of assaults, retaliation, filthy conditions, inadequate healthcare, and suspicious deaths at the prison, as well as “an inadequate number of cameras,” which allows guards to hide brutality.

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Melania Trump Wows With Lackluster Speech on Second Night of Republican National Convention

polspphotos710913

As first lady, Melania Trump’s primary role has been a cipher for whatever partisans fear, loathe, or love about her husband, President Donald Trump. With that ever-steely stare, a dearth of public speaking, several questionable clothing choices, and a few glaringly absurd biographical bits (an immigrant and woman who has chosen to make online bullying her cause even as her husband has been the online bully in chief while working to keep immigrants out), Melania seems to inspire fascination, revulsion, and projection in equal measure.

Her Tuesday night speech from the White House lawn—part of the Republican National Convention (RNC)—was no exception.

Yet again, a few celebrity Democrats took the opportunity to disgrace themselves spectacularly.

“Oh, God. She still can’t speak English,” tweeted actress Bette Midler. Then there was comedian Kathy Griffin:

The most substantive critique of Melania Trump’s talk was that her words and rhetoric—while laudable—are at odds with what her husband and his cronies have done in office and ring hollow in light of some of the first lady’s own past positions or advocacy.

However, most people don’t know or care about all that. And from a political persuasion and strategy standpoint, the first lady’s convention speech seems to have hit all the right notes.

“I don’t want to use this precious time attacking the other side,” the first lady said at one point. And she didn’t.

She acknowledged the coronavirus pandemic in a non-dismissive way and expressed sympathy to people who had lost loved ones to COVID-19. (Also, she called it COVID-19, not the China Virus, as the president often does.) She said America’s “diverse and storied history is what makes our country strong, and yet we still have so much to learn from one another,” promoting a message of tolerance and inclusion.

The bar here is pretty low, but Melania’s speech amounted to “more than the ‘Donald Trump is a beautiful man whose thinking is both out of the box & strikingly urgent’ nonsense the other people have said,” commented Mother Jones Editorial Director Ben Dreyfuss.

“A very good and civic minded speech,” tweeted Jonah Goldberg of The Dispatch. “She took the high road & talked about our problems. For that she should be congratulated.”

The first lady’s speech was “far more conciliatory … than other speakers who used their lecterns to bombastically promote the president,” wrote Politico‘s Matthew Choi, noting:

The majority of her address was both an appeal to the country’s morality and her own experience as first lady. She spoke aspirationally about her own next four years as first lady if her husband is reelected, independent of the president’s agenda.

It was a stark contrast from the doting addresses by other members of the Trump family who spoke at the convention — and a divergence from the supporting roles that speakers and Biden family members played at the Democratic National Convention.

Whatever else is true here, Melania Trump managed to convincingly portray a conventional first lady and to—arguably less convincingly—frame her husband’s unconventional presidency as an asset. (“The first lady showed self-awareness in presenting herself as the calm, soothing counterpart to her famously (but, she stressed, not dangerously) volatile husband,” suggests Tim Alberta at Politico.)

In talking to “suburban, center-right women” who are undecided about Trump, “one thing that has struck me [about] these interviews is that they are often looking *for* a reason to reelect Trump,” tweeted New York Times political reporter Elaina Plott. “Any data point that helps them feel more comfortable doing so—like seeing the first lady evince something like compassion—thus becomes very, very meaningful.”

Donald Trump’s youngest daughter, Tiffany Trump, also appeared relatively normal and empathetic, or at least able to evince a convincing amount of compassion, during her Tuesday night RNC address. These attributes have, alas, been exceedingly rare so far at the RNC.

Overall, last night’s focus was less on how Democrats are going to abolish the suburbs with their socialism and more on core Republican issues like how abortion and social media are bad. Another core element of the RNC so far has been putting up what one might call a facade of evidence.

Sure, the Trump administration has made deporting and barring more immigrants the main part of its mission—but here’s Trump with five immigrants who are becoming U.S. citizens. Sure, the Paycheck Protection Program intended to help businesses recover from coronavirus-related lockdowns was a disaster, but here is someone who will praise it. Sure, state and federal wars for protective gear put nurses and doctors at risk, but here is a traveling nurse who is a Trump fan. Trump may be seriously unpopular among black voters, but here are a few black people who like him. Trump may spurn the vast majority of refugees, but here is one whom he didn’t. Trump may be constantly pushing for new crimes and harsher penalties, but here is one man he pardoned. And so on…

All the while, RNC speakers have mooned over Trump and described him in gushing, hyperbolic-at-best terms that go way beyond your typical (Republican or Democratic) convention fan club. “If you built a drinking game out of RNC speakers ladling out hyperbolic, coke-shooting-from-your-nose praise on the president, you’d be dead before midnight each day,” writes Matt Welch, offering a litany of outrageous claims. A few:

“He ended once and for all the policy of incarceration of black people,” claimed George state Rep. Vernon Jones Monday. Big, if true. (It’s not.)

“Our president,” asserted Cuban immigrant Maximo Alvarez, “is just another family man,” which is arguably the most elastic definition of family values since Big Love.

“He has,” heralded Afghanistan War vet Sean Parnell, “fiercely defended the besieged First and Second Amendment.” The latter of which is debatable and the former of which is the inverse of the truth. […]

“He built the greatest economy the world has ever known,” [Kimberly Guilfoyle] said, at a time of double-digit unemployment. “America, it’s all on the line,” she added. “President Trump believes in you, he emancipates and lifts you up to live your American dream.”

Such is the rhetoric of recently transformed autocracies, not mature republics.

Check out more Reason coverage of this week’s Republican National Convention and last week’s Democratic National Convention.


FREE MARKETS

The RNC is a case study in why Big Tech is good. “If there was ever a televised event that demonstrated the lameness of the conservative anti-tech position, it was the first day of the RNC,” writes Robby Soave. “No major tech platform censored any of the content—on the contrary, they granted easy and unrestricted access.” The same went for the second night of the convention. Meanwhile, cable news channels—including Fox News—continually cut away so their pundits could comment on or “fact-check” RNC talks and videos, sometimes cutting away mid-speech or not showing some speakers at all.


FREE MINDS

“In 1975, the future president Ronald Reagan said, ‘I believe the very heart and soul of conservatism is libertarianism,'” notes Reason Managing Editor Stephanie Slade in The New York Times. Yet,

Today, many leaders of the Republican Party have coalesced around a desire to purge libertarians, with our pesky commitments to economic liberty and international trade, from their midst. If Mr. Reagan’s agenda was a three-legged stool of religious traditionalism, a strong national defense and free-market economics, they hope the latter leg can be reduced to sawdust and scattered to the winds.

Read Slade’s full piece here.


QUICK HITS

• “Lezmond Mitchell is scheduled to die Wednesday, over the objections of the Navajo Nation to which he belongs and on whose land the murder took place,” notes Scott Shackford. More here.

• American Enterprise Institute Director of Economic Policy Michael R. Strain and conservative writer Ramesh Ponnuru discuss the Republican Party’s identity crisis in Bloomberg. “The GOP’s leadership is increasingly uninterested in policy, viewing itself as fighting a broader war to ‘save Western civilization’—a major theme of their convention’s first night—from the Democrats,” suggests Strain.

• An update on the Portland protests and the federal goon squad sent to suppress them:

• “Three years ago, a federal judge ruled that [sex offender registry] consequences amounted to cruel and unusual punishment of three men who challenged their treatment under Colorado’s Sex Offender Registration Act,” writes Jacob Sullum. But “last week a federal appeals court overturned that decision, saying the burdens imposed by registration do not even qualify as punishment, making the Eighth Amendment irrelevant.”

• “A senior Democrat on the House foreign affairs committee has launched an investigation into whether Mike Pompeo is breaking federal law by addressing the Republican national convention while on an official visit to Jerusalem,” reports The Guardian.

• Kanye West’s presidential ambition persists:

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New in Chicago Law Review Online: “October Term 2019 in Review: Blue June”

The University of Chicago Law Review Online has published my new essay, October Term 2019 in Review: Blue June. This Essay was inspired by Dave Barry’s satirical year-in-review columns. I hope to make it an annual tradition.

Here is the abstract:

Over the past 225 years, the Supreme Court witnessed two presidential impeachment trials and two pathogenic shutdowns. This past winter, Chief Justice John Roberts presided over both in the span of two months—and those weren’t even the biggest headlines of the year! This term had it all: guns, abortion, DACA, Little Sisters, LGBT discrimination, Trump’s tax returns, and more. Plus, don’t forget Court packing, Chief Justice Kagan, and Blue Monday. Welcome to the October Term 2019.

And yesterday, I delivered a standup version of the essay to the Nashville Federalist Society Chapter. Enjoy!

I was trying to emulate Dennis Miller on Weekend Update. It is hard to know how jokes are received on Zoom–you can’t hear the laughter. But I saw plenty of smiles on the grid.

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Melania Trump Wows With Lackluster Speech on Second Night of Republican National Convention

polspphotos710913

As first lady, Melania Trump’s primary role has been a cipher for whatever partisans fear, loathe, or love about her husband, President Donald Trump. With that ever-steely stare, a dearth of public speaking, several questionable clothing choices, and a few glaringly absurd biographical bits (an immigrant and woman who has chosen to make online bullying her cause even as her husband has been the online bully in chief while working to keep immigrants out), Melania seems to inspire fascination, revulsion, and projection in equal measure.

Her Tuesday night speech from the White House lawn—part of the Republican National Convention (RNC)—was no exception.

Yet again, a few celebrity Democrats took the opportunity to disgrace themselves spectacularly.

“Oh, God. She still can’t speak English,” tweeted actress Bette Midler. Then there was comedian Kathy Griffin:

The most substantive critique of Melania Trump’s talk was that her words and rhetoric—while laudable—are at odds with what her husband and his cronies have done in office and ring hollow in light of some of the first lady’s own past positions or advocacy.

However, most people don’t know or care about all that. And from a political persuasion and strategy standpoint, the first lady’s convention speech seems to have hit all the right notes.

“I don’t want to use this precious time attacking the other side,” the first lady said at one point. And she didn’t.

She acknowledged the coronavirus pandemic in a non-dismissive way and expressed sympathy to people who had lost loved ones to COVID-19. (Also, she called it COVID-19, not the China Virus, as the president often does.) She said America’s “diverse and storied history is what makes our country strong, and yet we still have so much to learn from one another,” promoting a message of tolerance and inclusion.

The bar here is pretty low, but Melania’s speech amounted to “more than the ‘Donald Trump is a beautiful man whose thinking is both out of the box & strikingly urgent’ nonsense the other people have said,” commented Mother Jones Editorial Director Ben Dreyfuss.

“A very good and civic minded speech,” tweeted Jonah Goldberg of The Dispatch. “She took the high road & talked about our problems. For that she should be congratulated.”

The first lady’s speech was “far more conciliatory … than other speakers who used their lecterns to bombastically promote the president,” wrote Politico‘s Matthew Choi, noting:

The majority of her address was both an appeal to the country’s morality and her own experience as first lady. She spoke aspirationally about her own next four years as first lady if her husband is reelected, independent of the president’s agenda.

It was a stark contrast from the doting addresses by other members of the Trump family who spoke at the convention — and a divergence from the supporting roles that speakers and Biden family members played at the Democratic National Convention.

Whatever else is true here, Melania Trump managed to convincingly portray a conventional first lady and to—arguably less convincingly—frame her husband’s unconventional presidency as an asset. (“The first lady showed self-awareness in presenting herself as the calm, soothing counterpart to her famously (but, she stressed, not dangerously) volatile husband,” suggests Tim Alberta at Politico.)

In talking to “suburban, center-right women” who are undecided about Trump, “one thing that has struck me [about] these interviews is that they are often looking *for* a reason to reelect Trump,” tweeted New York Times political reporter Elaina Plott. “Any data point that helps them feel more comfortable doing so—like seeing the first lady evince something like compassion—thus becomes very, very meaningful.”

Donald Trump’s youngest daughter, Tiffany Trump, also appeared relatively normal and empathetic, or at least able to evince a convincing amount of compassion, during her Tuesday night RNC address. These attributes have, alas, been exceedingly rare so far at the RNC.

Overall, last night’s focus was less on how Democrats are going to abolish the suburbs with their socialism and more on core Republican issues like how abortion and social media are bad. Another core element of the RNC so far has been putting up what one might call a facade of evidence.

Sure, the Trump administration has made deporting and barring more immigrants the main part of its mission—but here’s Trump with five immigrants who are becoming U.S. citizens. Sure, the Paycheck Protection Program intended to help businesses recover from coronavirus-related lockdowns was a disaster, but here is someone who will praise it. Sure, state and federal wars for protective gear put nurses and doctors at risk, but here is a traveling nurse who is a Trump fan. Trump may be seriously unpopular among black voters, but here are a few black people who like him. Trump may spurn the vast majority of refugees, but here is one whom he didn’t. Trump may be constantly pushing for new crimes and harsher penalties, but here is one man he pardoned. And so on…

All the while, RNC speakers have mooned over Trump and described him in gushing, hyperbolic-at-best terms that go way beyond your typical (Republican or Democratic) convention fan club. “If you built a drinking game out of RNC speakers ladling out hyperbolic, coke-shooting-from-your-nose praise on the president, you’d be dead before midnight each day,” writes Matt Welch, offering a litany of outrageous claims. A few:

“He ended once and for all the policy of incarceration of black people,” claimed George state Rep. Vernon Jones Monday. Big, if true. (It’s not.)

“Our president,” asserted Cuban immigrant Maximo Alvarez, “is just another family man,” which is arguably the most elastic definition of family values since Big Love.

“He has,” heralded Afghanistan War vet Sean Parnell, “fiercely defended the besieged First and Second Amendment.” The latter of which is debatable and the former of which is the inverse of the truth. […]

“He built the greatest economy the world has ever known,” [Kimberly Guilfoyle] said, at a time of double-digit unemployment. “America, it’s all on the line,” she added. “President Trump believes in you, he emancipates and lifts you up to live your American dream.”

Such is the rhetoric of recently transformed autocracies, not mature republics.

Check out more Reason coverage of this week’s Republican National Convention and last week’s Democratic National Convention.


FREE MARKETS

The RNC is a case study in why Big Tech is good. “If there was ever a televised event that demonstrated the lameness of the conservative anti-tech position, it was the first day of the RNC,” writes Robby Soave. “No major tech platform censored any of the content—on the contrary, they granted easy and unrestricted access.” The same went for the second night of the convention. Meanwhile, cable news channels—including Fox News—continually cut away so their pundits could comment on or “fact-check” RNC talks and videos, sometimes cutting away mid-speech or not showing some speakers at all.


FREE MINDS

“In 1975, the future president Ronald Reagan said, ‘I believe the very heart and soul of conservatism is libertarianism,'” notes Reason Managing Editor Stephanie Slade in The New York Times. Yet,

Today, many leaders of the Republican Party have coalesced around a desire to purge libertarians, with our pesky commitments to economic liberty and international trade, from their midst. If Mr. Reagan’s agenda was a three-legged stool of religious traditionalism, a strong national defense and free-market economics, they hope the latter leg can be reduced to sawdust and scattered to the winds.

Read Slade’s full piece here.


QUICK HITS

• “Lezmond Mitchell is scheduled to die Wednesday, over the objections of the Navajo Nation to which he belongs and on whose land the murder took place,” notes Scott Shackford. More here.

• American Enterprise Institute Director of Economic Policy Michael R. Strain and conservative writer Ramesh Ponnuru discuss the Republican Party’s identity crisis in Bloomberg. “The GOP’s leadership is increasingly uninterested in policy, viewing itself as fighting a broader war to ‘save Western civilization’—a major theme of their convention’s first night—from the Democrats,” suggests Strain.

• An update on the Portland protests and the federal goon squad sent to suppress them:

• “Three years ago, a federal judge ruled that [sex offender registry] consequences amounted to cruel and unusual punishment of three men who challenged their treatment under Colorado’s Sex Offender Registration Act,” writes Jacob Sullum. But “last week a federal appeals court overturned that decision, saying the burdens imposed by registration do not even qualify as punishment, making the Eighth Amendment irrelevant.”

• “A senior Democrat on the House foreign affairs committee has launched an investigation into whether Mike Pompeo is breaking federal law by addressing the Republican national convention while on an official visit to Jerusalem,” reports The Guardian.

• Kanye West’s presidential ambition persists:

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