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Social Justice Warrior vs Social Justice Warrior

Despite today’s Democrats not being working class friendly at all, labor unions have been a Democratic Party mainstay for decades. But it seems that the left’s having gone all-out #SocialJustice is putting them in conflict with labor unions. From The Philadelphia Inquirer:

Controversial tax abatement bill pits Philly building trades unions against concerns for immigrant workers

by Sean Collins Walsh | November 30, 2020 | 7:03 PM EST

Councilwoman Maria Quiñones-Sánchez (D-Philadelphia) Public Domain, Link

A City Council bill designed to prevent unscrupulous contractors from receiving construction tax benefits sparked a debate about whether it could also open the door for a crackdown on undocumented workers in an unusually contentious committee hearing on Monday.At issue was a bill by Councilmember Bobby Henon that would prohibit projects using construction firms that improperly classify workers as independent contractors from qualifying for the city’s residential property tax abatement, which provides 10 years of tax benefits on the value of new construction and renovations.

“How do we ensure that the application of this isn’t discriminatory toward undocumented workers who have no recourse?” City Councilmember Maria Quiñones-Sánchez said during a Finance Committee hearing on the bill. “There’s no other way for the communities that I represent to see it any other way than they are potentially being targeted.”

After heated debate, the committee eventually approved the bill in a rare divided vote of 6-3, but not before Henon was forced to provide assurances that, before the bill comes to the Council floor for final passage, he would work to identify regulations that would ensure it does not endanger immigrant workers.

Bobby Henon used to be political director of Local 98 of the powerful International Brotherhood of Electrical Workers, and Philadelphia is a union town. Unions have tried to retain a stranglehold on all construction in the city, and they make projects more difficult for non-union contractors. [1]This is something I have seen first hand, having jobsite experience while working for a non-union ready-mixed concrete supplier in the Philadelphia suburbs, while providing concrete for a few … Continue reading Kensington, where Maria Quiñones-Sánchez’s[2]While the 2020 election in Pennsylvania was, according to the Democrats, completely free of fraud, Mrs Quiñones-Sánchez herself said that “the ward leaders opposing her have a history of … Continue reading district is based, was 38.9% Hispanic according to the 2010 census. While the exact percentage of the population which is in the United States illegally isn’t known, in 2016, the Rev John Olenick, then pastor of Visitation Blessed Virgin Mary (BVM) Roman Catholic Parish in Kensington, said that his “parish consists of many undocumented people from places like Mexico, Honduras, El Salvador, [the] Dominican Republic, and other countries.” Visitation BVM Church celebrates one Mass in English on Sundays, but three Masses in Spanish, which lets you know just how busy the parish is.[3]According to the church bulletin, the church has a Pastor, two Associate Pastors, another Redemptorist priest in residence, and a deacon. That’s more staffing than any parish of which I have … Continue reading We may not know the exact percentage of legal vs illegal immigrants are in Mrs Quiñones-Sánchez’s district, but it’s clear that there are a lot of them.

Henon said the bill was not meant to target immigrants and that it was merely meant to ensure construction firms were following employment law.

“This is not penalizing workers in anyway. This is protecting workers,” he said. “I am always open to having a conversation to try to work out some of the unintended consequences with our Revenue Department.”

But Quiñones-Sánchez said that filing as an independent contractor is the only option available to undocumented immigrants — who make up between 15% and 25% of the local construction workforce, according to a 2018 estimate by the city controller — aside from working completely off the books.

Quiñones-Sánchez said if Henon was primarily interested in safety, he would propose a bill aimed at ensuring undocumented workers are protected by safety rules, not one that would keep them off job sites.

Mrs Quiñones-Sánchez has just pointed out, though I doubt she meant to do so, that the illegal immigrants haven’t broken the law only by having crossed into the United States illegally, but continue breaking the law, every day, because they have to work for a living, but they have to violate our employment and tax laws to do so. Either they are presenting forged documents to employers to work on the books, which is a felony, or they are working off the books, for cash, meaning that they are breaking our income tax laws, another felony.

Economically, labor unions bargain for higher wages through the law of supply and demand. If they can force a company or an industry to use only unionized workers, they have effectively reduced the supply of potential workers to the population of union members. For non-unionized workers, allowing illegal immigrants[4]I do not use the mealy-mouthed adjective “undocumented” to soft-peddle the fact that such immigrants are here illegally. to compete for jobs is to increase the supply of workers vis a vis the demand for them, which exerts negative pressure on wages in general.

Mrs Quiñones-Sánchez, a liberal Democrat, opposes the ideas of Mr Henon, another liberal Democrat, because, as will inevitably be the case, the goals of the #SocialJusticeWarriors are inevitably contradictory. I just enjoy watching them fighting with each other.
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Cross-posted on RedState.

References

References
↑1 This is something I have seen first hand, having jobsite experience while working for a non-union ready-mixed concrete supplier in the Philadelphia suburbs, while providing concrete for a few projects in the city itself. Unions can make it difficult for non-union workers to get to the jobsite, and concrete is a perishable product.
↑2 While the 2020 election in Pennsylvania was, according to the Democrats, completely free of fraud, Mrs Quiñones-Sánchez herself said that “the ward leaders opposing her have a history of Election Day shenanigans and campaign finance violations.” WHYY, the NPR station in Philadelphia, reported: “After the election, the city’s Board of Ethics found that the 7th Ward/Friends of Angel Cruz and Quiñones-Sánchez campaign committee had committed campaign finance violations for accepting excess contributions from other political committees.” Both campaigns, and Mrs Quiñones-Sánchez personally, had to pay fines levied by the city’s Ethics Board. Who knew that there were ever ethics in Philadelphia?
↑3 According to the church bulletin, the church has a Pastor, two Associate Pastors, another Redemptorist priest in residence, and a deacon. That’s more staffing than any parish of which I have been a member.
↑4 I do not use the mealy-mouthed adjective “undocumented” to soft-peddle the fact that such immigrants are here illegally.
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Conservatives today vs conservatives during the Bush Administration.

On The Pirate’s Cove, the commenter currently styling himself Elwood P Dowd wrote:

We were responding to Kye who had typed: And I’d love to hear the names of conservatives who wanted war in Iraq and Afghanistan. Some Republicans, many, many Democommies but no conservatives.

The invasion of Iraq was a Republican project. If Republicans wish to argue that there are no conservatives extant, I have no opinion. Have at it. But it sounds like a “No True Scotsman” argument.

The two wars are not alike. Afghanistan was precipitated by an attack on American soil, led by a group hiding in Afghanistan. Going after and destroying al Qaeda and Osama bin Laden was a war of necessity.

Iraq, on the other hand, was a war of choice. As I have said previously, it would have been completely avoided had the elder George Bush not ended the first Iraq war too soon. The younger George Bush wanted to finish that job, and poor intelligence gave him a reason.

But both wars had the same problem: what do you do with a country after you have defeated it in war? Americans of all political stripes learned the wrong lesson from World War II, that a Western-style democracy could be imposed on a defeated foe. Germany and Japan were so thoroughly destroyed, the fighting aged men killed or injured, and the boys soon to reach fighting age so shell shocked, that there was no resistance left, and despite neither nation having any significant democratic experience, the imposition of democracy was successful. In Germany, it was aided by democratic tradition in its neighbors, while in Japan, the orders to the people by the Emperor Hirohito, helped General Douglas MacArthur’s imposed democratic government.

In Iraq, our overwhelming force quickly defeated Saddam Hussein, but really killed relatively few of his soldiers. The fighting aged men, and the boys growing into fighting age over the sixteen years of our presence, were able to think they could resist Westernization successfully. In Afghanistan, we kicked the Taliban out of power, but that place is simply ungovernable by any outsiders, as first the British and then the Soviets learned, and really, by Afghanis themselves; it is not really a nation, but a region of tribes. Westerners deceive themselves into thinking that every ‘nation’ must actually be a nation.

The younger President Bush was, if not a neo-conservative himself, greatly influenced by the neo-cons, and by Natan Sharansky, who wrote in The Case for Democracy: The Power of Freedom to Overcome Tyranny and Terror, that once people experience democracy, they will continue to want it for themselves. The argument sounds persuasive, but experience has taught us the bitter lesson; some cultures are not so ready for democracy that they will not willingly surrender to a strongman. The various Iraqi factions, all militarily defeated several times, kept coming back to life as new leaders sprung up and more boys grew into men. Then, when Da’ish arose, hundreds of thousands of Syrians and Iraqis simply fell into line, just as so many Iranians willingly turned themselves over to the terror of the mullahs.

This was a hard lessons, but conservatives have (mostly) learned it: one nation cannot simply impose its values on another, at least not as long as there are any tough men left alive. The neoconservatives, who were really only ‘conservative’ when it came to a strong military and the willingness to use military power, are almost gone now, just part of the ‘never Trumper’ movement.[1]Via Wikipedia: “In an opinion piece for Foreign Policy in September 2017, Max Boot outlines his political views as follows: “I am socially liberal: I am pro-LGBTQ rights, pro-abortion … Continue reading

Today’s conservatives are not the conservatives of fifteen years ago. Not only have conservatives learned some lessons, but many older conservatives have moved into retirement, or gone to their eternal rewards, while newer ones became adults. Domestically, they still believe in the same things: a nation subject only to God, a social order founded on Judeo-Christian values and morality, and that the rights of the individual cannot be subjugated by the state. The libertarian outlook, which has always been part of conservatism, is becoming more pronounced. This is why I have said that, like the TEA Party, the future for libertarians, and the Libertarian Party, is to fold itself into the Republican Party.

One of the things that Libertarians, and note that I use upper-case Libertarian to refer to Libertarian Party members, and lower-case libertarian to refer to those with a basic libertarian philosophy but who don’t belong to the official, hapless, Libertarian Party, have long favored is a withdrawal of American forces and power to our own shores, something totally anathema to the neo-conservatives. While such is not generally part of the Republican Party, President Trump’s America First ideas have pushed that notion into more widespread acceptance among the Republican voters outside of Washington DC. The concept of defending our national interests abroad rather than at our own borders makes a lot of sense; what American wouldn’t rather see the destruction of war in some other land rather than our own?

But that forward defense has led us into wars less of defense than of protecting our sphere of influence, to invading Iraq to prevent Iraq from obtaining nuclear weapons. Israel used the same notion when it attacked the Iraqi nuclear facilities at Osirak in 1981, and somebody sponsored the surprise assault which killed Iran’s nuclear program’s top scientist, Mohsen Fakhrizadeh. I do not in any way disapprove of the killing of Dr Fakhrizadeh, not if it sets back Iran’s attempts to build nuclear weapons. That’s a lot smarter ‘forward defense’ than sending thousands upon thousands of soldiers into Iran to beat down the Iranian army. I suppose that statement would definitely put me at odds with the Libertarian Party.

The conservatives of 2004 would simply not win much support in the Republican Party of today, as former Governor Jeb Bush (R-FL) found out in the 2016 Republican primaries. Hillary Clinton’s campaign simply assumed that Mr Bush would win the nomination, and actively wanted, and helped, Donald Trump to win the Republican nomination. Mr Trump won because, among other things, he wanted to lead the GOP exactly where Republican voters wanted it to go. The Republican elite, and the Democrats, simply did not understand that then, and I’m not sure that they understand it now.

Is there anything more telling that the elder President Bush voted for Hillary Clinton in 2016, while the younger President Bush voted for “none of the above” in 2016, and would not disclose his vote this year? Conservatives of 200 and 2004, who pushed the younger Mr Bush’s candidacy strongly enough to defeat Senator John McCain (R-AZ) for the nomination in 2000 are simply not the conservative mainstream of today. Given the tremendous support for President Trump within the GOP, 95% prior to the election and still 90% now, indicate how strongly conservatives of today have moved away from those twenty and sixteen years ago.

The soft heart of conservatism has been burned away; what remains is the cold logic, the logic which says that conservatives must stay the course, for the good of our country, and not wimp out because some people won’t like it or some people will get hurt. It is the logic of the free market and capitalism, which provides an opportunity for people to succeed greatly, but also allows people to fail, and fall, into the depth of despair, knowing that such is the best and most prosperous system for the vast majority of Americans.[2]I am in no way opposed to private charity, and my own charitable contributions are in the four figure range, but I believe that private charity should be, and stay, just that: private.
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Cross-posted on RedState.

References

References
↑1 Via Wikipedia: “In an opinion piece for Foreign Policy in September 2017, Max Boot outlines his political views as follows: “I am socially liberal: I am pro-LGBTQ rights, pro-abortion rights, pro-immigration. I am fiscally conservative: I think we need to reduce the deficit and get entitlement spending under control. I am pro-environment: I think that climate change is a major threat that we need to address. I am pro-free trade: I think we should be concluding new trade treaties rather than pulling out of old ones. I am strong on defense: I think we need to beef up our military to cope with multiple enemies. And I am very much in favor of America acting as a world leader: I believe it is in our own self-interest to promote and defend freedom and free markets as we have been doing in one form or another since at least 1898.

In December 2017, also in Foreign Policy, Boot wrote that recent events—particularly since the 2016 election of Donald Trump as president—had caused him to rethink some of his previous views concerning the existence of white privilege and male privilege. “In the last few years, in particular, it has become impossible for me to deny the reality of discrimination, harassment, even violence that people of color and women continue to experience in modern-day America from a power structure that remains for the most part in the hands of straight, white males. People like me, in other words. Whether I realize it or not, I have benefited from my skin color and my gender — and those of a different gender or sexuality or skin color have suffered because of it.”

Does that sound like a conservative to you?

↑2 I am in no way opposed to private charity, and my own charitable contributions are in the four figure range, but I believe that private charity should be, and stay, just that: private.
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Out of juice What happens when you can't find a working charging station for your plug in electric vehicle?

My good blogging friend, William Teach, has pinch hit for me in the past, and while I haven’t needed his help since I was forced to reconstitute this site, he just published one I have to steal reference:

Who’s Up For A 130 Mile Trip In An Electric Car That Takes 9 Hours?

By William Teach | November 28, 2020 | 3:00 PM EST

The climate cultists at the UK Guardian try to put a rosy face on this, but, ‘taint working

‘Why did it take nine hours to go 130 miles in our new electric Porsche?’

A Kent couple love their new car – but their experience suggests there are problems with the charging network

Miles Brignall | Saturday, 28 November 2020 | 3.30 EST

A couple from Kent have described how it took them more than nine hours to drive 130 miles home from Bournemouth as they struggled to find a working charger capable of producing enough power to their electric car.

Linda Barnes and her husband had to visit six charging stations as one after another they were either out of order, already had a queue or were the slow, older versions that would never be able to provide a fast enough charge in the time.

While the couple seem to have been “incredibly unlucky”, according to the president of the AA, Edmund King, their case highlights some of the problems that need ironing out before electric car owners can rely on the UK’s charging infrastructure.

The couple, who love their new fully electric Porsche Taycan 4S, which has a range of about 250 miles, contacted the Guardian to describe how difficult it is to recharge a car away from home. Their journey would have taken two and a half hours in a conventional car, they say.

In a portion that Mr Teach did not quote, the couple stated that they left Bournemouth on the return trio with 45 miles of charge remaining, so they must have burned through some electrons while in Bournemouth. Perhaps electric car owners need to be a little bit more conservative in planning their travels.[1]As I have pointed out previously, electric cars have far lower ranges when the weather is cold.

Must be nice. That car starts at $185,000. See, these very rich people don’t worry about giving up fossil fuels like the peons

“Electric vehicle consumers want more interoperability, more chargers, greater reliability and a contactless experience. To really help the revolution get to full power before 2030 we need a concerted effort from local authorities to take up the charging point grants – only one in six do, according to AA research, and for those premises providing chargers to ensure they work. Driving an electric vehicle is great fun and can save you money and save emissions. Let’s make sure the future network can help save range anxiety,” he says.

See, we need Government to really build all these charging stations and stuff, so the rich folks aren’t inconvenienced with their expensive toys

The Guardian’s story said that the Taycan Turbo 4S has a range of about 250 miles, but that’s significantly higher than EPA ratings, which state the range to be 192 to 201 miles. The Taycan 4s (not the Turbo 4S), with the upgraded Performance Battery Plus, has a slightly longer listed range of 203 miles, and is actually less expensive, at $103,800 MSRP. Note that The Guardian article wasn’t really very specific about exactly which model the Barneses owned.

A parishioner at my church has a plug in Chevy Dolt Bolt. Given that there are no electric car charging stations in our rural county, he has to have a charging station at his home. If I had a plug in electric, I do have an easy and convenient place in which I could install a 50 amp, 240 volt charging station, something within my skill set, but many, and perhaps most, people do not have a dedicated and secure garage in which they could install such a charger. And, of course, if they don’t have the knowledge and the skills and the tools to install one themselves, they’d have to shell out a couple hundred bucks to a sparktrician to do it for them.

The Guardian article noted that there are more than 11,600 public charging sites in the United Kingdom, but, as the Barneses found out, far too many of them are out-of-service at times, and it can take a long, long time to recharge the vehicle. On Black Friday of 2019, Tesla drivers in the Pyrite State found themselves stuck in hours-long lines trying to recharge.

Plug in electric vehicles might be OK for tooling around town, but if you are like most Americans and at least occasionally take longer trips in your automobile, you had better have a second, gasoline powered vehicle. The Barneses have learned that the hard way.
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Welcome Instapundit readers! And thanks to Donald Douglas, who’s probably the one who made it possible.

References

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Andy Beshear continues to try to restrict Freedom of Religion * Updated! * Sadly, he is succeeding

As we previously noted, federal Judge Gregory van Tatenhove ruled, in Danville Christian Academy v Beshear, that Governor Andy Beshear’s (D-KY) executive order closing all Kindergarten through grade 12 schools in the Commonwealth cannot be applied to private religious schools.[1]The Catholic bishops in Kentucky were not part of that lawsuit, and have decided to go along with the Governor’s order. The parochial schools had opened on time this year, ignoring Mr … Continue reading

But Governor Beshear, in his determination that his Führerbefehle not be denied, has done what he said he would do, and appealed the decision to the Sixth Circuit Court of Appeals:

Lexington Christian Academy plans to open Monday. Beshear appeals judge’s ruling.

By Valarie Honeycutt Spears and Jack Brammer | November 27, 2020 | 4:37 PM EST | Updated: November 28, 2020 | 12:06 AM EST

Lexington Christian Academy will open on Monday as a result of a federal court ruling allowing in-person instruction at Kentucky faith-based schools despite an order to close from Gov. Andy Beshear.

But Beshear is fighting to keep the Lexington school and others in the state closed to keep COVID-19 from spreading.

The Democratic governor has filed an emergency 45-page appeal with U.S. Court of Appeals for the Sixth Circuit in Cincinnati of U.S. District Judge Gregory Van Tatenhove’s decision Wednesday to grant a preliminary injunction to 17 private Christian schools that had filed against a lawsuit against Beshear’s restriction to curb the coronavirus pandemic.

In addition to that, several other religious schools that filed another federal lawsuit against the Governor, filing an amicus on behalf of the schools that initially sued Mr Beshear. That suit is also attempting to overturn the Governor’s order restricting indoor gatherings to no more than eight people, from two different households. I am happy to inform you that while our Thanksgiving dinner did have fewer than eight people, the two household limit was exceeded. No Governor, no President, no one at all has any authority to say that I cannot associate with whomever I choose, in whatever numbers we decide.

The Herald-Leader story stated that the responses to the Governor’s appeal must have been filed by 10:00 AM EST.

Churches have won in part and lost in part in their challenges to the Governor’s orders at the Sixth Circuit. Facially, unlike the recent Supreme Court decision in Roman Catholic Diocese of Brooklyn v Cuomo, the Governor is not treating private or religious schools any differently than public schools; he ordered them all to close. Due to this, it is quite possible that Governor Beshear will win his appeal. The Sixth Circuit, in partially rejecting the Governor’s orders last May, did not go as far as the appellants had requested, to allow in-person church services rather than drive-in only services, saying:

The breadth of the ban on religious services, together with a haven for numerous secular exceptions, should give pause to anyone who prizes religious freedom. But it’s not always easy to decide what is Caesar’s and what is God’s — and that’s assuredly true in the context of a pandemic.

However, it should be noted that the Governor’s great concern for K-12 students isn’t quite as extensive as it appears. On Friday night, the state high school football playoffs continued. If you are an offensive guard, you will have a defensive lineman lined up across from you, his face and yours, both unmasked, just inches apart. When the ball is snapped, you will get really up close and personal, exerting yourselves, exhaling through your mouth. Social distancing is not a part of football.

If you are a quarterback or running back or receiver, the defense will be doing everything it can to hit you, to get right up into your face, to break up the blocking or tackle the runner.

If it is so very, very vital that physical contact be limited, face masks be worn, and social distancing be observed, to reduce the spread of COVID-19, why would Mr Beshear have allowed the playoffs to continue? Apparently the Governor’s concerns about the spread of the virus do not go so far as to cancel football.

Pre-kindergarten instruction has been allowed to continue, even though children that young cannot be anywhere close to as responsible as older ones to observe COVID-19 restrictions. And the state’s colleges and universities have been allowed to remain open, despite most students living away from home and parental guidance. I have previously noted, the ‘authorities’ have been very, very surprised that college students returning to college campuses have had college parties. 🙂

I would not speculate on how the Sixth Circuit might rule, but I hope that they will rule for the free exercise of religion and the right of the people peacefully to assemble.
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Updated: Sunday, November 29, 2020 | 10:30 AM EST

Sadly, the Sixth Circuit Court of Appeals agreed with Governor Beshear:

Federal appellate court agrees with Beshear’s order to close all Kentucky schools

By Jack Brammer and Valarie Honeycutt Spears | November 29, 2020 | 10:14 AM EST

Kentucky Gov. Andy Beshear was successful Sunday in getting a federal appellate court to side with him in his order to close religious schools and others in the state during a surge in the coronavirus pandemic.

The 6th Circuit Court of Appeals in Cincinnati granted the Democratic governor’s request to shelve temporarily a judge’s ruling that would have allowed 17 private Christian schools to reopen. Those schools filed a lawsuit over Beshear’s restrictions and won a preliminary injunction Wednesday from U.S. District Judge Gregory Van Tatenhove. . . . .

But the three-member appellate court said Sunday that Van Tatenholve’s preliminary injunction should not have been entered because the schools are unlikely to succeed.

The appellate court said it is likely to rule that Beshear’s order was “neutral and of general applicability” in that all schools were affected.

Given that the Supreme Court’s ruling in Roman Catholic Diocese of Brooklyn v Cuomo was largely based on the disparate and harsher treatment of churches, there was room for the Sixth Circuit to rule as it did. This might be appealed to the Supreme Court, but with an appellate court ruling that the treatment of religious schools was no different than the treatment of secular ones, the Court would have to decide the case on the constitutional grounds of a restriction on the free exercise of religion and the right of peaceable assembly. Justice Brett Kavanaugh’s concurring opinion was heavily based on the disparate treatment of churches, not freedom of religion, so his vote could be lost. Justice Samuel Alito’s recent statements indicate that he would vote in favor of a constitutional argument, but this is a case in which freedom of religion and assembly could lose to the statists.
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Cross-posted on RedState.

References

References
↑1 The Catholic bishops in Kentucky were not part of that lawsuit, and have decided to go along with the Governor’s order. The parochial schools had opened on time this year, ignoring Mr Beshear’s request that in-person instruction in schools be delayed until September 28th. The bishops had earlier declined the Governor’s request — not order — that churches close down for three weeks.
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The weight of the state is about to fall on Andrew Cooperrider

We have previously noted the defiance of Andrew Cooperrider to Governor Andy Beshear’s (D-KY) executive order closing all indoor dining. The initial Lexington Herald-Leader article noted that someone called the cops, but the Lexington Police Department was having nothing to do with the situation, Brenna Angel, the LPD spokeswoman, said:

The police department was contacted regarding the situation between Brewed and the Health Department, however, this involved a civil/regulatory matter and not something police could take action on.

Well, the officious little pricks at the Lexington-Fayette County Health Department aren’t going to put up with that!

Lexington health department sues coffee shop for not following Beshear’s orders

By Jeremy Chisenhall | November 27, 2020 | 3:26 PM EST

The Lexington-Fayette County Health Department has filed a lawsuit against the owner of Brewed, a coffee shop that refused to follow Gov. Andy Beshear’s order to stop indoor dining.

The lawsuit calls for a temporary injunction or a temporary restraining order to force the coffee shop to close its indoor dining and drinking options.

Brewed was ordered to shut down Tuesday after health department inspectors found customers dining inside. The shop also allowed patrons to violate the mask mandate, according to the health department. Owner Andrew Cooperrider repeatedly refused to comply.

Several paragraphs further down comes the reasoning:

In its motion for an injunction, the Lexington health department asked a judge to rule that police can enforce the terms of the order, according to court records. Police were called to the shop when Cooperrider refused to close Tuesday, but the issue was considered a civil or regulatory matter, and it wasn’t something the police could take action on.

The case is scheduled for a court hearing Monday, according to court records. Fayette Circuit Judge Thomas Travis will hear the case, according to court records.

Governor Beshear delegated to the state and local health departments the authority to enforce his executive orders. I cannot read his mind, but I suspect it has something to do with a probably well-founded belief that the Commonwealth’s 120 elected county sheriffs would have exactly zero interest in enforcing such dictates.

But, with men with guns and the power to arrest someone out of the picture, men like Mr Cooperrider could successfully resist the orders. Now, the health department is turning to the men with guns.

Most law enforcement in the Commonwealth, from county sheriffs to the small town police departments, would resist such, but Lexington is the commonwealth’s second largest city, and though not wildly left wing like Portland or Philadelphia, is nevertheless run by Democrats; if Judge Travis rules against Mr Cooperrider, the LPD will enforce the ruling.

I did say that this might not work out well for him.

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The justification for the change

With just one clause, Associate Justice Sonia Sotomayor has told us why the appointment and confirmation of Amy Coney Barrett to the Supreme Court was so important. In her dissent in Catholic Diocese of Brooklyn v Cuomo,[1]Page 29 Justice Sotomayor wrote:

I see no justification for the Court’s change of heart.

The justification is that Justice Ruth Bader Ginsburg, who had twice voted to deny the religious freedom rights of certain churches, in South Bay United Pentecostal Church v. Newsom and Calvary Chapel Dayton Valley v. Sisolak, was replaced by someone who supports the free exercise of religion, the First Amendment, and the Constitution of the United States.

Justice Sotomayor wrote in the typical Supreme Court vein, with a pretense that political choices aren’t part of the equation. They are, and everybody knows that they are, and it’s a very good thing that President trump was able to nominate and get Justice Barrett confirmed. The Democrats wanted to delay the nomination until after the election, hoping that Joe Biden would get to make the pick, and nominate someone with leftist opinions. Justice Barrett is a conservative, and exactly who we needed on the Supreme Court.

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↑1 Page 29
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Things for which I am thankful

I am thankful for the First Amendment to the Constitution, which protects my rights to say what I want and publish what I want. I am thankful for our First Amendment protection of our right to freely practice our faith. And I am thankful for Federal Judge Gregory van Tatenhove, appointed by the younger President George Bush, who understands that the First Amendment actually means what it says.

On May 8, 2020, Judge van Tatenhove ruled that Governor Andy Beshear’s executive order closing churches due to concerns about spreading COVID-19 was unconstitutional, a ruling which came too late in the process, as the Governor had successfully closed the churches for eight weeks.

Well, this time he wasn’t late. From the Lexington Herald-Leader:

Judge rules Beshear cannot halt in-person classes at religious schools due to COVID-19

By Jack Brammer and Valarie Honeycutt Spears | November 25, 2020 | 8:01 PM EST

Kentucky Gov. Andy Beshear cannot close religious schools to help curb the coronavirus pandemic, a federal judge ruled Wednesday night.

U.S. District Judge Gregory Van Tatenhove said in a 22-page order that he was granting a preliminary injunction to 17 private Christian schools that had filed a lawsuit against Beshear’s emergency restriction. He said his order would apply statewide.

He said the schools were “likely to succeed on the merits of the case.”

Kentucky Attorney General Daniel Cameron joined the plaintiffs in the suit against Beshear and Kentucky Treasurer Allison Ball filed an amicus brief supporting the suit.

Beshear spokeswoman Crystal Staley said in an email the governor has appealed the decision to the U.S. 6th Circuit Court of Appeals.

Well, of course he has!

There’s a lot more at the link, including not only the Governor’s protest of the decision, but the comments of the schools, and First Liberty Institute‘s Chris Freund, the firm which represented the Christian schools.

“We are disappointed but not surprised that Judge Van Tatenhove, for the second time, has refused to acknowledge the U.S. Supreme Court decision that found an action like this is both legal and constitutional,” said Staley.

“We have already appealed to the Sixth Circuit and will request an emergency stay of the judge’s order, and, if necessary, will appeal to the U.S. Supreme Court. Let’s be clear: lives are on the line and everyone must do their part to defeat the virus.”

Judge van Tatenhove noted that the Governor’s order closed all K-12 schools, even though it allowed colleges in the Commonwealth to remain open. The suing schools noted that they had spent considerable sums in reconfiguring classes and providing safety equipment to meet the PPE and social distancing requirements the Commonwealth has specified for other places to continue to meet and do business.

“The Governor has every right to impose some restrictions on all schools, religious and secular alike,” said Van Tatenhove. “Social distancing, face masks, limits on class size, reporting requirements and other protocols may cost money and may be inconvenient for parents and students, but we give executives increased discretion in time of crisis.

“But in an effort to do the right thing to fight the virus, the Governor cannot do the wrong thing by infringing protected values.”

That is the part that so many public officials have forgotten. Nothing in American law supersedes the Constitution, and our constitutionally protected rights.

I am thankful that I was born an American citizen, that we have a strict Constitution which recognizes our rights, not just as Americans, but as human beings. Citizens of other countries mostly do not have such protections.

And I am thankful for our Freedom of Peaceable Assembly, which allows my family to gather for this Thanksgiving Day, in a setting which will violate the Governor’s orders.
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Cross-posted on RedState.

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The Special Snowflakes™ are just so upset! "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." -- William F Buckley, Jr

I’m old enough to remember when the left supported an absolutist interpretation of the First Amendment, and I agreed with them. From Wikipedia:

The Free Speech Movement (FSM) was a massive, long-lasting student protest which took place during the 1964–65 academic year on the campus of the University of California, Berkeley. The Movement was informally under the central leadership of Berkeley graduate student Mario Savio. Other student leaders include Jack Weinberg, Michael Rossman, George Barton, Brian Turner, Bettina Aptheker, Steve Weissman, Michael Teal, Art Goldberg, Jackie Goldberg, and others.

With the participation of thousands of students, the Free Speech Movement was the first mass act of civil disobedience on an American college campus in the 1960s. Students insisted that the university administration lift the ban of on-campus political activities and acknowledge the students’ right to free speech and academic freedom. The Free Speech Movement was influenced by the New Left, and was also related to the Civil Rights Movement and the Anti-Vietnam War Movement. To this day, the Movement’s legacy continues to shape American political dialogue both on college campuses and in broader society, impacting on the political views and values of college students and the general public.

In 1971, The New York Times and The Washington Post received parts of what eventually were called the Pentagon Papers from Daniel Ellsberg, who was partially an author of them. President Nixon’s decision to seek an injunction against the newspapers to prevent their further publication of them was overturned by the Supreme Court in New York Times Company v United States, by a 6-3 margin. Associate Justice Hugo Black wrote:

I adhere to the view that the Government’s case against the Washington Post should have been dismissed and that the injunction against the New York Times should have been vacated without oral argument when the cases were first presented to this Court. I believe that every moment’s continuance of the injunctions against these newspapers amounts to a flagrant, indefensible, and continuing violation of the First Amendment. Furthermore, after oral argument, I agree completely that we must affirm the judgment of the Court of Appeals for the District of Columbia Circuit and reverse the judgment of the Court of Appeals for the Second Circuit for the reasons stated by my Brothers Douglas and Brennan. In my view it is unfortunate that some of my Brethren are apparently willing to hold that the publication of news may sometimes be enjoined. Such a holding would make a shambles of the First Amendment.

Our Government was launched in 1789 with the adoption of the Constitution. The Bill of Rights, including the First Amendment, followed in 1791. Now, for the first time in the 182 years since the founding of the Republic, the federal courts are asked to hold that the First Amendment does not mean what it says, but rather means that the Government can halt the publication of current news of vital importance to the people of this country.

Freedom of Speech and of the Press continued to expand, and what appears to have been the last vestige of government censorship, that of censoring pornography, has finally faded away due to the ubiquity of pornography on the internet; technology has rendered porn uncontrollable.

But now, the #woke[1]From Wikipedia: “Woke is a political term originating in the United States referring to a perceived awareness of issues concerning social justice and racial justice. It derives from the … Continue reading and the Special Snowflakes™, creatures of today’s left, have become utterly appalled that people who have different opinions than their are allowed to speak, allowed to publish:

Penguin Random House staffers broke down in tears over release of Jordan Peterson book: report

Employees cried to management at a town hall addressing the book’s release in March

By Joseph A. Wulfsohn | Fox News | November 24, 2020

A new report shows inner turmoil that is apparently taking place at Penguin Random House Canada over the publisher’s release of a book written by Canadian clinical psychologist Jordan Peterson.

Peterson, a psychology professor from the University of Toronto and a popular podcast host who has a Ph.D. in clinical psychology, announced on Monday that he is releasing a new book titled “Beyond Order: 12 More Rules for Life,” which is set to be released in March of next year.

However, Vice reported on Tuesday that Peterson’s book has sparked an emotional outcry within the Canadian publishing giant with an effort by employees to pressure the company into canceling the book’s release.

According to the report, “several” employees confronted management of Penguin Random House Canada (PRHC), a subsidiary of Penguin Random House, at an internal town hall on Monday and “dozens more have filed anonymous complaints” about PRHC’s plans to release the latest work from the politically and culturally outspoken professor.

“He is an icon of hate speech and transphobia and the fact that he’s an icon of white supremacy, regardless of the content of his book, I’m not proud to work for a company that publishes him,” one town hall attendee, who is also a member of the LGBTQ community, told Vice.

So, quit! If this unnamed “member of the LGBTQ community” is not proud to work for PRHC, there is no law — other than the laws of economics, I suppose — forcing him to stay there.

Another employee alleged that “people were crying in the meeting about how Jordan Peterson has affected their lives” with one explaining that Peterson had “radicalized their father” and another insisting the publishing of Peterson’s book will “negatively affect their non-binary friend.”

Well, wahhh! Dr Peterson’s arguments have persuaded some people, and the #woke don’t like it, so they want to clamp down on his speech so that others won’t hear it.[2]Full disclosure: if I have ever read anything by Dr Peterson, I do not recall doing so, or that he was the author of something I did read.

PRHC is, of course, a private company, and therefore their decision to, or refusal to, publish anything, by anyone, is not an act of government censorship. But Penguin Random House is in the business of publishing, so yeah, they are going to publish things that the company believe will make money.

PRHC told Vice in a statement, “We announced yesterday that we will publish Jordan Peterson’s new book ‘Beyond Order’ this coming March. Immediately following the announcement, we held a forum and provided a space for our employees to express their views and offer feedback. Our employees have started an anonymous feedback channel, which we fully support. We are open to hearing our employees’ feedback and answering all of their questions. We remain committed to publishing a range of voices and viewpoints.”

We have previously noted how the #woke are really, really, really opposed to Freedom of the Press, at least as far as printing things with which they disagree. But, at bottom, much of it is fear that healthy debate undermines their own positions, because their positions are, well, kind of stupid. How would you like to have to defend the position that girls can be boys and boys can be girls?

Children have their own ‘logic,’ and I suppose that it sounds good to them. But, being children, there’s always the great fear that the grown ups will show up, and to the #woke at Penguin Random House, Jordan Peterson is one of those awful grown ups.
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Cross-posted on RedState.

References

References
↑1 From Wikipedia: “Woke is a political term originating in the United States referring to a perceived awareness of issues concerning social justice and racial justice. It derives from the African-American Vernacular English expression “stay woke”, whose grammatical aspect refers to a continuing awareness of these issues.

First used in the 1940s, the term has resurfaced in recent years as a concept that symbolises awareness of social issues and movement. By the late 2010s, woke had been adopted as a more generic slang term broadly associated with left-wing politics, socially liberal and cultural issues (with the terms woke culture and woke politics also being used). It has also been the subject of memes, ironic usage and criticism. Its widespread use since 2014 is a result of the Black Lives Matter movement.” I confess to being one of those who uses the term disparagingly.

↑2 Full disclosure: if I have ever read anything by Dr Peterson, I do not recall doing so, or that he was the author of something I did read.
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An act of desperation and defiance It may not work out well for him

When the state has the authority to require you to have a license to do business, and to inspect your premises, you become subservient to the state. I suppose that the only truly libertarian businesses are bootleggers and drug dealers.

When Governor Andy Beshear (D-KY) ordered all commercial inside dining suspended for three weeks, Andrew Cooperrider of Lexington was at the end of his rope, and refused to comply, so naturally the government had to stomp down on him. From the Lexington Herald-Leader:

Lexington coffee shop ordered closed by health department, refuses to stop serving

By Janet Patton | November 24, 2020 | 3:36 PM EST | Updated 4:23 PM EST

The notice from the Lexington-Fayette County Health Department. Photo from Brewed’s Facebook page.

The Lexington health department on Tuesday ordered a Lexington coffee shop to close after the owner refused to halt dining inside, defying statewide COVID restrictions.Last week, Gov. Andy Beshear announced new restrictions on restaurants and bars as well as other steps designed to stem the surge in coronavirus cases in Kentucky, saying that the state’s health care system is in danger of being overrun.

Restaurants were ordered to close dining rooms for three weeks, but outside seating in an approved tent was allowed to continue. However the tent must have no more than 50 percent of the perimeter enclosed to qualify.

Brewed at 124 Malabu Dr. was ordered closed and the establishment’s food service permit was suspended but owner Andrew Cooperrider said he plans on operating normally.

Cooperrider said that they were operating with a garage door opened 6 to 12 inches but the inspector said that would not meet the state emergency order requirements for a heated patio.

If you visit Brewed’s Facebook page, you can see plenty of comments. A commenter calling himself Phil Hunt wrote:

You think you are big Patriot….nope you’re just a selfish moron.

With ‘patriots’ like Mr Hunt, our national anthem would still be God Save the Queen.

People who believe that Governor Beshear’s ‘order’ is warranted and ought to be obeyed certainly have the option of not patronizing Mr Cooperrider’s restaurant.

The inspector cited the restaurant for having customers with no masks on and said they had to close. A supervisor called to the scene agreed.

“While on site for a routine health inspection at the establishment, we observed that the establishment was continuing to allow in-person dining,” according to a statement by Kevin Hall, Lexington-Fayette County Health Department spokesman. “The establishment manager was served an enforcement notice requiring that in-person seating be discontinued, which was refused. We then served an enforcement notice to suspend their food permit for not following the executive order guidance.”

“While on site for a routine health inspection”? What, I have to ask, are the probabilities that the Health Department inspectors just happened to be there, out of thousands of restaurants in Lexington? Not as probable, I would guess, than some Gladys Kravitz snitched on the place.

This is Mr Cooperrider’s problem: restaurants are required, by law, to have food service permits. These are issued to insure that the facility keeps its service and preparation areas clean and free of insects, is using safe preparation methods and safe ingredients. In this particular instance, the food service permit requirement has nothing to do with any of that, but is being used as a cudgel to enforce the Governor’s political policies.

Mr Cooperrider stated on his Facebook page that the Health Department inspectors would not answer his question as to what would happen to him if he refused to close, and stated that, until he was hauled out in handcuffs, he would continue to open for business.

Someone called the cops; the Herald-Leader article does not say who did that. But the Lexington Police Department was having nothing to do with the situation, Brenna Angel, the LPD spokeswoman, said:

The police department was contacted regarding the situation between Brewed and the Health Department, however, this involved a civil/regulatory matter and not something police could take action on.

Good for them! But I wonder: will Governor Beshear, who had the State Police record license numbers of cars in church parking lots on Easter Sunday, Easter Sunday!, to order churchgoers who violated his church closure orders, something the federal courts later enjoined, into two weeks of self-quarantine, send the apparently-more-compliant state troopers to haul Mr Cooperrider off in handcuffs?

Mr Cooperrider said:

I would like the end result to be that we stop having arbitrariness to it. … Put us in a position where we can succeed. Back in January I was a millionaire. Now I’m on food stamps.

I understand about us dying but I care about us living.

Mr Cooperrider’s restaurant is not the only one in the Bluegrass State which has defied the Governor’s orders, but being in the Commonwealth’s second largest city, one governed by Democrats, has put more of a bullseye on his back. I fear that his act of civil disobedience, one which I fully support, will not end well for him. I do not live in Lexington, and get there only infrequently, but the next time I do go there — other than for Thanksgiving, at my daughter’s house, when his restaurant will be closed — I will stop by and buy some coffee.

If it’s still open, that is. At least right now, it is; at 10:23 AM I called the phone number listed on Brewed’s Facebook page, and the call was answered, and the gentleman on the other end said that yes, they were still open.
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Updated: 3:15 PM EST

Good news! Lexingtonians who believe in liberty have stood up for Mr Cooperrider!

Customers line up at Lexington coffee shop defying COVID orders

By Janet Patton and Jeremy Chisenhall | November 25, 2020 | 12:30 PM | Updated 2:44 PM EST

Despite being ordered to close on Tuesday for violating COVID restrictions, a Lexington coffee shop opened its doors to dozens of customers on Wednesday morning.

At times, the line at Brewed at 124 Malabu Drive stretched out the door, with at least one customer waiting an hour for coffee.

Brewed was ordered to close by the Lexington-Fayette County Health Department after owner Andrew Cooperrider said he would not stop serving indoors.

Cooperrider, who is an official in the Libertarian Party of Kentucky according to his Facebook page, refused to comply with an emergency order issued last week by Gov. Andy Beshear to close restaurant dining rooms and bars.

Customers, including some not wearing masks, crowded into the coffee shop on Wednesday morning.

Further down:

Beshear said Tuesday that the vast majority of restaurants and bars across Kentucky are complying with the emergency order. But at least a handful of other restaurants around the state have announced intentions to defy the order.

He said that those that do not comply could lose alcohol licenses. They also could face fines up to $100 from the health department.

That’s a problem for Mr Cooperrider, since he does have beer at his place, but for restaurants without liquor licenses, a $100 fine is probably meaningless if they can stay in business.
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Cross-posted on RedState.