This ain't Hell, but you can see it from here

Author: thebesig

  • Justice Ginsburg Retirement Chatter

    Supreme Court Justice Ruth Bader Ginsburg places some items in her bag before speaking at Georgetown Law School, Friday, April 6, 2018, in Washington. (AP Photo/Alex Brandon)

    Justice Ruth Bader Ginsburg’s retirement, truth or rumor? You guys saw this played out over the course of the year. There was speculation during the summer as to whether Justice Ruth Bader Ginsburg was going to retire or not. Many, including the associate justice, dismissed the idea of her doing it soon.

    Around the same time, President Trump nominated Brett Kavanaugh for the Supreme Court. For those on the left, the urgency went up.

    President Trump already nominated Neil Gorsuch. He subsequently was confirmed. The Democrats were still sore over this process. “They were robbed” by a Republican-led Senate that didn’t entertain then President Obama’s last nomination for the vacancy.

    Despite Democrat insistence that someone get nominated soon, expeditiously, the Republicans held on in a bid to ensure that the Supreme Court continued to lean conservative. They had precedence, a Democrat led Senate did the same thing during a presidential election year.

    In the end, the Democrats settled for a “one on one” replacement. A conservative associate Justice for a conservative associate justice. Then, a retirement was announced. The swing vote was going to be replaced by someone nominated by President Trump.

    This gave those in the left incentive to tarnish a man’s reputation, and to derail the process in order to delay… When they hoped to have control of the Senate. A Democrat Senate would act as a speed bump to President Trump’s nominations that the left doesn’t like.

    They wanted a swing vote at worst, a liberal vote at best. You saw the resulting circus and drama in the Senate, the media, and in the court of public opinion. In the end, Brett Kavanaugh was confirmed, strengthening the high court’s conservative leaning.

    Now, what many Democrats hope isn’t the case is becoming a likely scenario. From the Santa Monica Observer:

    She has told key Democratic members of the Senate about her medical condition, including ranking Democratic member of the Judiciary Committee Dianne Feinstein. This explains in part the “take no prisoners” attitude of the Democrats during the Kavanaugh nomination, carefully orchestrating weak 37 year old allegations against Kavanaugh by Women he barely remembers knowing in High School and College.

    The Washington Post provides her desired target for retirement:

    Five years from now puts us in late July 2023. That could still be during Trump’s presidency, if he’s reelected in 2020. But Ginsburg doesn’t say only five years; she says “about at least five more years.” That sounds as if she’s shooting for 2024.

    The Santa Monica Observer puts that retirement date, based on conversation with law clerks, on January 2019. I haven’t found additional information corroborating the January 2019 retirement date.

    However, watching Justice Ginsburg’s current state reminds me of the late John Paul II, and the state he was in before he passed away. Given her health, here’s to wishing her well.

    You can read the details here and over here:

  • Monday Musings Thread

    2A with AR

    The second amendment was intended for the militia, a.k.a. the National Guard! This is a common response by those arguing for additional gun control.

    I came across an argument like this on another platform. The anti-gun debater insisted that the Second Amendment was intended for the militia… The National Guard. Then, I “provided some trivia”.

    Many people point to the National Guard when they see the “well-regulated militia” in the Second Amendment. Both federal and state militia laws identify the National Guard as the “organized militia”.

    It’s the “unorganized militia” that many are not aware of. As a result, certain groups of people don’t know that they are actually in a militia… Or that the second amendment, as stated, protects the law-abiding citizen’s right to bear arms regardless of affiliation with the National Guard.

    From 10 U.S. Code § 246 – Militia: composition and classes:

    (a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

    (b) The classes of the militia are–

    (1) the organized militia, which consists of the National Guard and the Naval Militia; and

    (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

    Using this statute alone, this appears to identify all able-bodied males from 17 through 44 as either being in the organized (National Guard) or the unorganized militia. if you’re a male, if you are able-bodied, if you are not in the National Guard, and your age ranges from 17 to 44, then you generally are a member of the unorganized militia of the United States.

    Now, 10 U.S. Code § 246 – Militia duty: exemptions, specify those who are exempted from militia duty. for example, military on active duty is one of those exemptions.

    The individual states, and territories, also have their version of the militia law. For example, here is one Virginia statute related to Virginia’s militia:

    § 44-1. Composition of militia.

    The militia of the Commonwealth of Virginia shall consist of all able-bodied residents of the Commonwealth who are citizens of the United States and all other able-bodied persons resident in the Commonwealth who have declared their intention to become citizens of the United States, who are at least 16 years of age and, except as hereinafter provided, not more than 55 years of age. The militia shall be divided into three classes: the National Guard, which includes the Army National Guard and the Air National Guard; the Virginia Defense Force; and the unorganized militia.

    Like its federal counterpart, it lists exemptions. Many people in Virginia, who fit this description, are not aware of this state level militia law.

    For example, someone might state that they never served in the military. Depending on the situation, and mood, I’d ask them if they served in the militia. Usually, I get a, “No.”

    Then, I’d ask, “What about the reserve militia? Have you served in the reserve militia?” So far, I have always gotten a, “No.” Then, I would ask if they were sure. They would be adamant that they were not in a militia.

    Then, I would drop some trivia.

    Going back to the argument on gun control. Many people would try to argue that the Second Amendment was intended for something like the National Guard. I.e., we had militia, and that is what the Second Amendment was for.

    One main thrust, for this argument, was that if people were not in the National Guard, what business do they have today of owning and operating a personal firearm?

    As the two above quotes show, many are listed under the “militia” category.

    At the time that the Second Amendment was drafted, militia service was automatic for certain groups of people. Before, it started with Caucasian males. As time went on, non-Caucasian males were included.

    But even then, it was understood that everybody, not just the statutory militia, was expected to serve in “a militia” capacity depending on the situation.

    Those who were not called to militia service still had the right to individually, or collectively, defend themselves. The above statutory laws addresses the “first-line” for call up. Those not called up, depending on the situation, may be required to serve in a militia capacity.

    You can click on federal militia law, or a state militia law, to read the actual text. Your own state, or territory, would also have its own militia law.

    What are your random thoughts? 

  • U.S. Military to have Observation Posts in Northern Syria

    ISIS had a propaganda video out, years ago, bragging about the size of their caliphate. Today? Those that made that propaganda video are either dead, have ran from the battle, or are doing something else. Their Caliphate? Mainly centered on the Syria-Iraq border.

    They talked a big game about how they were hammering us. But, reality on the battlefield contradicted their videos. The fight against ISIS has evolved to where the U.S. Military is planning to set up observation posts in northern Syria.

    From the Military Times:

    “This is a change, now,” Defense Secretary Jim Mattis told reporters Wednesday at the Pentagon. “We are putting observation posts in several locations up along the northern Syrian border because we want to be the people who call the Turks and warn them if we see something coming out of an area that we’re operating in.”

    Working with Turkey’s military is a part of this equation. The U.S. and Turkey are NATO allies, and have been working together in this area.

    You can read more here:

  • Woman Dives on Ice and Loses

    The Sun, woman jumps on ice, by Annabel Murphy

    Skyjumper brings us this hilarious article, from The Sun, regarding breaking the ice. No, not the ice breaking events where you get to converse with others. This one involves a practice related to New Year’s/Epiphany celebration.

    It’s similar in concept to the “Polar Plunge” in the U.S., where people jump into ice cold waters. The video shows someone using methods inconsistent with how the actual celebration is done. She actually tries to jump though and break the ice… Perhaps to outshine those who do it the traditional way.

    It doesn’t work out as planned. In fact, you’d have to watch a cartoon to see something similar. From The Sun website:

    The brave swimmer was filmed dive-bombing into the lake in her underwear and landing on the rock-hard ice, leaving her with a broken ankle and a bruised ego.

    The above photo is from the same article. You could read more details, and watch the video here.

  • Oldest Pearl Harbor Survivor Dies

    Ray Chavez passed away peacefully at his home on Wednesday morning. He was 106 years old. Other veteran survivors, of the Pearl Harbor attack, recognized him as the eldest among them. He was a Navy veteran.

    As the oldest survivor, he was a natural choice when it came to veteran representation. He has been a White House guest, as well as a grand marshal for local parades. Additionally, he has been at events in California and in Hawaii.

    On the morning of the attacks, his ship spotted the periscope of a Japanese submarine. They sunk it. From the San Francisco Chronical:

    At 3:45 a.m. Dec. 7, 1941, Seaman 1st Class Chavez’s crew was sweeping the east entrance to the harbor when they spotted the periscope of a Japanese midget submarine. After depth charges were dropped to sink the sub in 1,500 feet of water, the rest of the morning passed uneventfully.

    After he served in the military, he proudly continued on with other professions. After tragically losing family members to a car accident, he adopted a young girl who would end up being his caretaker later in life.

    According to his daughter, he didn’t speak about his role in World War II until the 1990s. She ended up following in his footsteps, becoming the Navy’s first female jet engine mechanic:

    She, too, served in the Navy, from 1974 to 1991, and was recognized as the Navy’s first woman jet engine mechanic.

    You could read more here:

  • Thanksgiving Open Thread

    The above photo is from iStock user bhofact2. This midweek open thread continues on with a nod towards the big day tomorrow, Thanksgiving.

    First, a tip for re-heating ham and turkey slices, whether that’s later after Thanksgiving dinner, or the following days. Have a spray bottle? Before heating the leftover Thanksgiving food, spray it with water. When you’re done microwaving the turkey and ham, they’ll taste just like they came from the oven.

    Now onto some Thanksgiving Trivia.

    Did you know that turkey meat is a global meal, not just something that we Americans enjoy?

    The Spaniards/Conquistadores didn’t just bring vegetables and “display” animals back to Europe. They got a taste of turkey meat while in the new world. They were so taken in by the taste of turkey that they took some turkeys with them back to Spain.

    Turkey meat ended up conquering the Spanish King. He subsequently ordered the importation of more turkeys. Through trade and popular demand, raising and eating turkeys spread throughout Europe.

    From The Atlantic:

    The success of Central American, European-cultivated turkeys in England from the reign of Henry VIII onwards is what made it possible to send them on ships to Virginia in 1584 and Massachusetts in 1629,
    .

    This bridged us to the wild turkeys:

    When the French epicure Jean Anthelme Brillat-Savarin wrote of going on a wild-turkey hunt in 1794 in Connecticut, he observed that the flesh was so superior to that of European domesticated animals that his readers should try to procure, at the very least, birds with lots of space to roam.

    You could read more here:

  • Judge Prevents Trump Administration from Refusing Asylum Between Ports of Entry

    illegal caravan

    Left leaning groups took action when President Trump provided an order to refuse asylum to those who don’t go through an authorized port of entry. A judge, chosen by President Obama, issued an order preventing President Trump’s administration from enforcing President Trump’s order. This appears temporary.

    From Fox News:

    U.S. District Judge Jon S. Tigar, who was nominated by President Obama in 2012 to the U.S. District Court for the Northern District of California, issued a temporary restraining order after hearing arguments in San Francisco. .

    According to the article, about 100 asylum claims are being addressed, daily, at the crossing from Tijuana to San Diego. Additionally, there’s a notebook floating around among the migrants that have over 3,000 names. This is before the caravan arrives. Once they get there, we’re looking at over 10,000 people in that area waiting to come in.

    The Mexican government offered asylum to these migrants as they were headed north. Many turned these offers down.

    From Fox News:

    During a conference call with reporters Monday afternoon, homeland security officials said “most of the caravan members are not women and children” and that more than 500 criminals are traveling with the group that has amassed on the other side of a San Diego border crossing.

    Yet, there are people out there that believe that our borders should be easily crossed… That it doesn’t matter if those crossing are doing so illegally.

    Meanwhile, the troops sent to the border are close to accomplishing the mission they were sent to the border to do. They should soon start pulling back and returning to where they’re normally assigned.

    You could read more here:

  • Republicans Win Florida Senator and Governor Recounts

    The recounts in Florida, for governor and senator, resulted in Republican wins. This solidifies the Republican lead in the Senate. This also marks a first for Florida, as this would be the first time, since the 19th century, that Republicans held both Senate seats.

    From Reuters’ Bernie Woodal:

    Republicans will hold both Senate seats from Florida, the third most-populous U.S. state and a regular battleground in presidential races, for the first time since 1875, during the post-Civil War period.

    In his concession speech, Senator Bill Nelson took an indirect swipe at President Donald Trump. Senator Nelson made it sound like he wanted us to heal and come together. If he wanted to do away with destructive “win at all costs” politics, he would’ve strongly reviewed his concession speech before giving it.

    Taking a swipe at someone, doing what his supporters want him to do, essentially takes a swipe at those supporters. Response? They would “fight back” instead. There goes what he wished for.

    But, he didn’t truly want people to “come together”. His statement was more of a “firing while retreating” speech… Giving himself the appearance of “being a martyr”.

    Since the recount was involved, the author referenced the 2000 Presidential Election.

    Towards the end, Bernie Woodal gives the “obligatory” commentary regarding how the U.S. Supreme Court “gave” the presidency to George Bush.

    I read the law that was center of that fiasco, before it became a fiasco. It was clear, and allowed the Secretary of State to make the decision that she made. the law didn’t cover incompetency, with regards to managing election ballots.

    They like to mention the U.S. Supreme Court’s action, but are not as enthusiastic about mentioning how the Florida court system appeared to be assisting Al Gore’s efforts to keep the recounts going. They clearly were exercising judicial activism. the US Supreme Court put an end to that.

    You can read more here.