Biden Considering Retroactive Cancellation of Federal Oil & Gas Leases… As Gas Prices Approach $10/gal in California

Guest “You can’t fix stupid” by David Middleton

The same corrupt Obama judge who lawlessly nullified the November 2021 Gulf of Mexico lease sale, blocked lease sales in Wyoming, may have signed fraudulent FISA warrants in the Russia collusion hoax and attempted to unlawfully persecute General Michael Flynn, has now brokered a deal between the rabidly anti-American Biden Interior Department and an Enviromarxist terrorist organization to potentially retroactively cancel over 2,000 oil & gas leases in Wyoming… All because climate change.

Biden review jeopardizes more than 2,000 oil and gas leases
By Nicole Pollack Casper Star-Tribune Via Wyoming News Exchange Jun 4, 2022

CASPER — The Biden administration will redo the environmental review of more than 2,000 Wyoming oil and gas leases sold between 2015 and 2020 — including virtually all of the leases issued under former president Donald Trump — in accordance with a trio of settlement agreements approved Wednesday by a federal judge.

None of the leases have been vacated, but their future is uncertain. The Department of the Interior now has to reevaluate and retroactively justify more than two dozen lease sales. If it decides it can’t, or its reasoning doesn’t satisfy the court, the sales could be reversed and any existing permits revoked.

Jeremy Nichols, climate and energy program director for plaintiff WildEarth Guardians, said the decision was unprecedented.

“This is getting to the heart of the federal oil and gas program,” Nichols said. “The question here will be not whether it’s OK to lease in the Red Desert or the Powder River Basin, but whether the federal oil and gas program even makes sense in the midst of the climate crisis.”

[…]

“Backroom court settlements like this, negotiated by the Biden Administration and its anti-domestic oil and gas allies, will continue to decide the fate of Wyoming’s primary economic driver until Congress reasserts its control and establishes a coherent national energy policy,” Ryan McConnaughey, communications director for the Petroleum Association of Wyoming, said in an emailed statement.

[…]

U.S. District Judge Rudolph Contreras ordered the department in 2019 to reassess some of the Wyoming leases. A year and a half later, he declared the agency’s second attempt inadequate.

[…]

In the cases before Contreras, the environmental groups argued, successfully, that the National Environmental Policy Act (NEPA) requires the department to assess the “direct, indirect and cumulative effects” that new leasing would have on the environment and the climate. But the oil and gas industry thinks that’s an inaccurate interpretation of the landmark 1970 legislation, which doesn’t mention climate change.

[…]

“Some groups will not be satisfied until NEPA is twisted into a law unrecognizable to its drafters, used to halt all mineral resource production in Wyoming,” McConnaughey said.

[…]

Laramie Boomerang

This is perhaps the most egregious case of “sue and settle” in the history of Enviromarxist lawfare against the US economy. Enviromarxist terrorist organizations sue regulatory agencies, who, when under Democrat control, quickly settle the lawsuits acceding to Envriomarxist demands that often bear no resemblance to the statutory authorities of the regulatory agencies.

Ponder this for a moment…

“This is getting to the heart of the federal oil and gas program,” Nichols said. “The question here will be not whether it’s OK to lease in the Red Desert or the Powder River Basin, but whether the federal oil and gas program even makes sense in the midst of the climate crisis.”

There is no “climate crisis”… While, there might be a potential long-term climate change problem, this is an actual crisis, a “real and present danger” to these United States of America:

Gas has nearly reached an incredible $10 a gallon
By Eileen AJ Connelly
June 4, 2022

New Yorkers paying five bucks a gallon for gasoline may think things can’t get much worse — but in one California town people are shelling out nearly double that for a fill-up

A Chevron station in the coastal village of Mendocino about 175 miles north of San Francisco was charging $9.60 a gallon for regular on Friday afternoon.

That’s more than $3 a gallon above the state average of $6.30, and $4.78 higher than the national average of $4.82, according to AAA.

But individual stations throughout the country are charging more than the average, including one LA station that topped $8 on Friday.

[…]

New York Post
You can't fix stupid

While we can’t fix stupid, we can dust off this letter from Thomas Jefferson:

The people can not be all, and always, well informed. The part which is wrong will be discontented in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions it is a lethargy, the forerunner of death to the public liberty. We have had 13. states independant 11. years. There has been one rebellion. That comes to one rebellion in a century and a half for each state. What country before ever existed a century and half without a rebellion? And what country can preserve it’s liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is it’s natural manure. 

Thomas Jefferson, 1787
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John Tillman
June 5, 2022 10:05 am

“Rabidly anti-American” for “rapidly”?

Dreaded iSpell?

Gunga Din
Reply to  David Middleton
June 5, 2022 5:19 pm

Perhaps it was a typo, but it was accurate.
The “rabid” do not reason.

MarkW
Reply to  John Tillman
June 5, 2022 10:11 am

They both.

StephenP
Reply to  John Tillman
June 5, 2022 1:44 pm

Both are appropriate, as rabidly refers to a mad dog suffering from rabies that attacks everything that crosses its path.
Meanwhile either refuse to sells Messrs Nichols and Contreros any gas or charge them $6.80 per US gallon that we have to pay in the UK.

Last edited 2 months ago by StephenP
RevJay4
Reply to  StephenP
June 5, 2022 5:42 pm

I would extend that ban on fuel sales to enviromarxist or their associates. Make them walk or ride a horse to wherever they want to go. This should include anyone working in the government aiding them in their efforts to destroy the energy industry.

H.R.
Reply to  RevJay4
June 5, 2022 10:30 pm

Yes! The entire Federal Government, the whole kit and kaboodle of them, should lead the country by example. Show us how easy it is. Show us all how it’s done. Show how it will all be cheaper in the long run.

They need to scrap every single government-owned ICE car tomorrow. Just drive ’em all to the shredder, line ’em up, hand the keys and the title to the scrap dealer, collect the $500, and the scrapper will take it from there. Then show up back at the office on Tuesday.

After all, it is an existential crisis, Lead the way to safety. I’m sure there’s an electric “Beast” and Air Force One just waiting for the call.

And think of the money the Feds will save! Electric is cheaper than gas, right? We’ll have the National Debt paid off in no time flat.

I’m not seeing any downside to this. Go for it, pResident Brandon!

Michael G. Gallagher
Reply to  RevJay4
June 6, 2022 5:12 am

They would complain about the horse manure.

StephenP
Reply to  Michael G. Gallagher
June 6, 2022 10:15 am

In the 19th century the build-up of horse manure in the streets of London was a problem that was only solved by the invention of the ICE.

Walter Sobchak
Reply to  John Tillman
June 5, 2022 1:52 pm

Don’t blame Apple. Android can muck things up just as badly.

To err is human. To really foul things up requires computers.

Disputin
Reply to  Walter Sobchak
June 6, 2022 2:18 am

I don’t have a phone, but isn’t there a control to cancel auto spelling?

Scissor
June 5, 2022 10:06 am

Should have bought UGA. Probably still should.

John Tillman
Reply to  Scissor
June 5, 2022 10:11 am

Up 127% in 12 months. Brandon did that.

JPMorgan analyst expects $6.20 US average for regular this summer, so yes, you still could buy UGA.

Old Man Winter
Reply to  John Tillman
June 5, 2022 11:20 am

How time flies!

gasStarW.jpg
HotScot
Reply to  Old Man Winter
June 5, 2022 11:48 am

Think yourself lucky. We pay almost that per Litre in the UK.

Elle Webber
Reply to  HotScot
June 6, 2022 6:50 am

Europeans forget how little their countries are: UK is the size of Oregon. Germany is the size of Montana. Only wee little distances to travel to get anywhere.

MarkW
Reply to  Old Man Winter
June 5, 2022 12:31 pm

When I was a kid, gas was 20 to 25 cents per gallon. There was a big problem when gas went above 99 cents per gallon because none of the pumps and none of the station signs had a place for the extra digit. Lots of inventive solutions while new pumps and new signs were ordered.
I never thought I would live long enough for that problem to crop up again.

Dave Fair
Reply to  MarkW
June 5, 2022 3:16 pm

Don’t worry: Its just two orders of magnitude increase in one measly lifetime. They’re shooting for another order of magnitude increase in just the next few years. Anyway, the government’s Modern Monetary Theory resolves all problems.

Seriously, though, yellow vests and protest signs will give way to body armor and lethal weapons in the U.S. The rest of the world can stew in their own Leftist juices.

Tombstone Gabby
Reply to  MarkW
June 5, 2022 8:54 pm

As I recall n the 1970’s – the price displayed on the pump was for a half gallon. Just glad the US uses metric currency. The thought of doing a quick doubling in Pounds, shillings and pence – ouch.

John
Reply to  Tombstone Gabby
June 6, 2022 3:24 am

Nonsense, the price was per gallon. In the early 70s I was with my dad when we filled up at a station at $0.259 per gallon.

TonyG
Reply to  John
June 6, 2022 8:10 am

we filled up at a station at $0.259 per gallon.

Back then, that 9/10 cent actually made a difference. I remember it wasn’t always 9/10, sometimes I saw 7/10, 3/10, etc.

Tombstone Gabby
Reply to  John
June 6, 2022 3:33 pm

Where: between Colton and Banning. When: during the “Double Nickels” oil crunch. What days you could fuel up was determined by your license plate number – odd or even. Still got personalized service, and Blue Chip or Green stamps. The stations did quit giving away kitchen glasses and plates with a fill-up.

TonyG
Reply to  Tombstone Gabby
June 6, 2022 4:14 pm

Where: between Colton and Banning

I would be curious exactly where. I don’t recall any half-gallon pricing anywhere in Riverside or San Bernardino during that time.

Tombstone Gabby
Reply to  TonyG
June 6, 2022 5:53 pm

G’Day TonyG

“…anywhere in Riverside…” county.

A/the Union 76 station at Beaumont Ave, Beaumont, on the north side of the freeway. It took them several weeks to get their pumps updated for the higher prices.

TonyG
Reply to  Tombstone Gabby
June 7, 2022 6:54 am

Well I didn’t specify “county”, but I see where you may have gotten that idea. I didn’t get out Beaumont way much around then

Tombstone Gabby
Reply to  TonyG
June 7, 2022 9:20 am

It was only for a couple of weeks, but long enough to stick in the memory – ‘this is really strange’. Another ‘memory’. The snow storm, Friday Jan 4, 1974. The Yucaipa grade was closed at 4PM to vehicles without chains. 60 was closed at the badlands – a semi- had jackknifed. From San Jacinto – also closed. We finally got home, at 9:30PM, via San Timatao Canyon road. Some memories really ‘stick’. (I see on the map – that road is now “Oak Valley Parkway”. Well heck. Another ‘heck’. At Highland Springs and First St – an area of dirt surrounded by houses. That’s where Westinghouse had their ‘nuclear’ facility. Weird.)

R Terrell
Reply to  TonyG
June 9, 2022 12:32 pm

Neither do I. I lived in California from 1964 until 1996, and I never saw anything like that! I DO remember the Odd and Even days, and the really long lines, though. It got so bad that I went to the wrecking yard and bought an old Cadillac gas tank, 22 gallons, and put under the back of my Chevy LUV trucks rear bed, more than doubling my capacity. Without that, with the miles I was driving, I couldn’t get through to my next ‘day’. FUN, FUN!

George
Reply to  Old Man Winter
June 6, 2022 7:49 pm

5 years ago I paid 97 cents for regular in Amarillo, TX. 2 years ago in Dallas I paid $1.68. Yesterday in Dallas I paid $4.65.

R Terrell
Reply to  Old Man Winter
June 9, 2022 12:26 pm

It’s all part of a distant dream! Oh, that we could bring that dream BACK to America,huh?

MarkW
June 5, 2022 10:12 am

The left has always been willing to ignore any law they disagree with, but never have they been so open and egregious about it.

Paul S
June 5, 2022 10:13 am

It’s looking more obvious every day that this has been planned long before. Climate Change, the Green New Deal, Covid 19, supply chain crises, gasoline prices, inflation, food prices, loss of liberty, etc.

HotScot
Reply to  Paul S
June 5, 2022 12:03 pm

Regardless of the rights and wrongs of Putin’s behaviour, it seems he’s poked a stick into the spokes of globalist ambitions.

Any ‘miraculous’ recovery Biden planned for immediately before the mid terms are now scuppered.

Monkey Pox fear porn is being consigned to the ‘yet more nonsense’ souvenir drawer, so the case for postal voting and drop boxes are faltering.

The left appear to have launched yet another frontal legal assault on Trump and his family, which will soak up another year or so of time and resources, and likely fail, which will see America in much the same place 5 months before the national election as it is now.

John
Reply to  HotScot
June 6, 2022 3:25 am

Monkeypox having flatlined early, I’m seeing occasional references to new CoviD variants, but thankfully in the US most folks are ignoring them.

TonyG
Reply to  John
June 6, 2022 8:13 am

Monkeypox having flatlined early, I’m seeing occasional references to new CoviD variants

I think the new scare is going to be guns. Suddenly we’re hearing about mass shootings every other day it seems.

R Terrell
Reply to  TonyG
June 9, 2022 12:39 pm

Yes, and few, if ANY, (NONE?) are being caused by ‘White Supremacist’s’! The left will never stop playing that song, though!

Scissor
Reply to  Paul S
June 5, 2022 1:24 pm

Just a coincidence that covid was planned out in such detail.
https://www.centerforhealthsecurity.org/event201/about

R Terrell
Reply to  Paul S
June 9, 2022 12:36 pm

Not being a conspiracist, I STILL have to wonder about the timing!

Thomas Gasloli
June 5, 2022 10:14 am

Maybe Congresswoman Cheney could take some time away from the Jan 6 investigation and do something for her constituents on this.

AWG
Reply to  Thomas Gasloli
June 5, 2022 11:20 am

Cheney’s constituents meet at Davos regularly

Scissor
Reply to  AWG
June 5, 2022 1:03 pm

Touché.

MarkW
Reply to  AWG
June 5, 2022 5:48 pm

Constituents or controllers?

R Terrell
Reply to  Thomas Gasloli
June 9, 2022 12:41 pm

Naah, RINO’s don’t do that! All they do is plan and work for their re-elections!

Devils Tower
June 5, 2022 10:16 am

To the folks in Wyoming. It is time to kick the feds out and recover all federal land.

Kevin kilty
Reply to  Devils Tower
June 5, 2022 12:13 pm

My understanding is that some Republican senators are contemplating a bill to allow states to solve energy shortages using resources within their own borders bypassing the Feds. One thing seems certain. With each of the idiotic executive and judicial decision made without impacted parties being consulted the so-called social contract itself is being ruptured. This all seems in very bad faith.

MarkW
Reply to  Kevin kilty
June 5, 2022 12:35 pm

When in the course of human events …

TonyL
Reply to  Kevin kilty
June 5, 2022 12:44 pm

You can’t cure …..
The republicans are doing blah, blah, blah.
Such a bill will not have a chance of passing in a democrat controlled house.
Far less Biden would sign it. And they know it.
The feckless republicans will *never* oppose the democrats in any meaningful way. The dems know it perfectly well.
This is all for show.
Every adult in the room also has to know this. It seems most of them do not.

Kemaris
Reply to  TonyL
June 5, 2022 1:08 pm

If they never even propose and debate something like this, how will they be ready to pass it and get it signed after the Red Waves of 2022 and 2024?

TonyL
Reply to  Kemaris
June 5, 2022 1:23 pm

Do what the dems have been doing for decades.
Write it up, park it on the shelf, ready to go when the time comes.
Consultations with party leadership, then with the rank and file.
Backroom deals as needed, the iconic “smoke filled room”.
When the time is right, they can blast it through congress in no time.
Sum total, it is called “Getting your ducks in a row”. All the better, all this can be done out of sight of potential opposition.

John
Reply to  TonyL
June 6, 2022 3:29 am

More to the point, well-crafted legislation on points like this can be turned into broad campaign issues. The issue becomes – here’s the link to the bill, I’ll vote to pass it, ask my opponent what he/she will do.

R Terrell
Reply to  TonyL
June 9, 2022 12:43 pm

In a darkened room, doors locked, and no Republicans are invited, right?

TonyG
Reply to  Kemaris
June 6, 2022 9:13 am

how will they be ready to pass it and get it signed after the Red Waves of 2022 and 2024?

Assuming that happens – After 2022 they will pass it knowing it will be vetoed, and they’ll drop it after 2024 – just like they did last time around.

peter schell
Reply to  TonyG
June 6, 2022 7:55 pm

It takes two thirds of Congress and the Senate to override a veto. I have no idea how many seats are up for grabs in the election this year, but all indications are that the democrats are going to be decimated.

TonyG
Reply to  peter schell
June 7, 2022 7:05 am

Maybe, but I don’t see R’s gaining 17 Senate seats or 71 in the House, and they would need both.

Also, past performance doesn’t exactly give me a lot of confidence.

Frank from NoVA
Reply to  Kevin kilty
June 5, 2022 8:24 pm

Nullification is the rightful remedy.

June 5, 2022 10:20 am

How to handle inflation via executive order: Rename “The White House” The Pink House. Paint it accordingly. This method has never failed. Much cheaper and simpler than other proposed remedies, and equally effective.

Last edited 2 months ago by Curious George
John Tillman
Reply to  Curious George
June 5, 2022 10:24 am

Great! Then we can have Argentine’s presidential palace as well as its economy.

https://en.m.wikipedia.org/wiki/Casa_Rosada

Steve Case
June 5, 2022 10:22 am

Guest “Time to start watering the Tree of Liberty?” by David Middleton
__________________________________________________________

I hope you’re willing to sit in jail or worse by signing your name to that. Pledging your life, your fortune and your sacred honor of course has a well known precedence. Is that what you are doing? Watts Up With That is well known and probably monitored.

John Tillman
Reply to  Steve Case
June 5, 2022 10:30 am

Everything is monitored for key words and phrases in the NSA state.

HotScot
Reply to  David Middleton
June 5, 2022 12:05 pm

👍 👍 👍 👍 👍 👍 👍 👍 👍 👍 👍 👍

H. D. Hoese
Reply to  David Middleton
June 5, 2022 12:41 pm

From part of the Declaration of Independence “…. He has refused his assent to laws….He has forbidden his Governors to pass laws of immediate and pressing importance…. He has obstructed the Administration of Justice……for Quartering large bodies of armed troops among us…For transporting us beyond Seas to be tried for pretended offences…. ” Interesting document to swear to the subsequent Constitution which now too many swear at!!!

R Terrell
Reply to  H. D. Hoese
June 9, 2022 12:47 pm

See, the Democrats were well represented even in those days, Though their name has changed several times. The were the ones responsible for the very first rebellion!

John Garrett
Reply to  David Middleton
June 5, 2022 4:37 pm

★★★★★
Cool.

Third from the bottom, third column from the left.

Gunga Din
Reply to  David Middleton
June 5, 2022 5:04 pm

I don’t know how many “Grand-“s there were between you and him, but I think he’d be proud of you.

John Garrett
Reply to  David Middleton
June 7, 2022 7:27 am

Anybody who signed that thing could look forward to death by being “hung, drawn and quartered” if captured alive by the British.

“Gentlemen, we must hang together. For most assuredly, if we do not, we will hang separately.”

-Benjamin Franklin

Ron Long
Reply to  Steve Case
June 5, 2022 10:45 am

As someone who has swore an oath to “protect and defend the Constitution against all enemies, foreign and domestic”, I will stand by the black gold geologist, David. At least until I get hungry.

Old Man Winter
Reply to  Steve Case
June 5, 2022 11:12 am

Monitoring anything electronic is also recorded. After getting a FISA warrant, it’s
just a matter of retrieving the info.

https://en.wikipedia.org/wiki/Global_surveillance_disclosures_(1970%E2%80%932013)
https://en.wikipedia.org/wiki/Global_surveillance_disclosures_(1970%E2%80%932013)#2000s

Last edited 2 months ago by Old Man Winter
Gordon A. Dressler
Reply to  Old Man Winter
June 5, 2022 12:44 pm

To all those surreptitiously monitoring my communications, I invite you to read between the lines . . . as in, those lines formed with my right hand held upright and middle finger extended and all other fingers and thumb crooked back palmward.

TonyL
Reply to  Old Man Winter
June 5, 2022 12:47 pm

Get a FISA warrant????
Why would they bother doing all that???
They certainly have not felt the need for a warrant of any kind in the past.

Gunga Din
Reply to  Old Man Winter
June 5, 2022 4:27 pm

Old Man Winter

Reply to 

Steve Case

 June 5, 2022 11:12 am

Monitoring anything electronic is also recorded. After getting a FISA warrant, it’s

just a matter of retrieving the info.

Except Hillary’s subpoenaed emails. Somehow they got lost.

Derg
Reply to  David Middleton
June 5, 2022 2:52 pm

Nothing can offend the FBI. They send 15 agents about a “noose” at NASCAR while ignoring pleas from families of sexually assaulted gymnasts.

JimS
June 5, 2022 10:22 am

If you have oil and gas to sell President Biden’s policies are the best thing to happen in the last ten years.

As a consumer and proud member of the middle class I hope the Democrats get thrown out of power in the House, Senate, State and local elections come November.

Kemaris
Reply to  JimS
June 5, 2022 1:14 pm

That’s baked into the cake.

Tom Halla
June 5, 2022 10:26 am

So what else would one expect from a NetZero policy?

Derg
June 5, 2022 10:37 am

Thank doG we have solar and wind to drive down energy prices!

Ron Long
June 5, 2022 10:46 am

Why isn’t this a Takings issue, under the fifth article in the Bill of Rights?

Rud Istvan
Reply to  Ron Long
June 5, 2022 11:13 am

It is. And also a breach of contracts issue. Biden cannot win this, but likely messy. Meanwhile, gas prices will continue to go up.

Steve Case
Reply to  David Middleton
June 5, 2022 12:31 pm

 Enviromarxists
______________________________

That one is going in the file (-:

Dave Fair
Reply to  David Middleton
June 5, 2022 3:26 pm

And delay gets the Leftist government’s desired outcome of higher prices.

June 5, 2022 11:24 am

His name is Joey “2000 Mules” Biden.

Dave Fair
Reply to  David Middleton
June 5, 2022 3:29 pm

42X42^42. I’ll be using this one.

.KcTaz
Reply to  Dave Fair
June 5, 2022 6:21 pm

Same!

Old Man Winter
June 5, 2022 11:24 am

If FJB succeeds in driving gas prices through the roof, this may be the fastest vehicle on I-76 in
Lancaster County, PA!

Amishbug.jpg
Dave Fair
Reply to  Old Man Winter
June 5, 2022 3:30 pm

Don’t let my wife see this picture! I’d be back to poop scoping horse manure again, not even considering the costs.

Bruce Cobb
June 5, 2022 11:35 am

I’m wondering actually if the federal oil and gas program even makes sense in the midst of the space alien crisis. Not to mention the baby formula crisis.

HotScot
June 5, 2022 11:46 am

Can someone please explain to me why US Judges are political appointees? Or am I just misunderstanding things.

Why isn’t the judiciary independent of politics?

Rick C
Reply to  HotScot
June 5, 2022 12:00 pm

Ha, ha, ha – good one!
Judges in the US are either appointed or elected. Either way, it’s politics.

BobM
Reply to  HotScot
June 5, 2022 12:38 pm

The President nominates all Federal and Supreme Court judges, and the Senate confirms them. It is likely a nominee judge will have a record in line with the President’s thinking on many/most important issues, so their rulings often reflect how they interpret a law or rule, or even the Constitution, through their particular viewpoint, though not always.

Two competing views of judging are often at odds. One says the law/Constitution should/must/can only be understood in terms of what the original crafters meant by those words, and decisions should stick to that. Changes should be made by passing new laws to change the words, etc., if desired, but judges shouldn’t be “updating” the law by what they believe it “should be”. That view is held by most conservative judges, nominated usually by Republican presidents.

The alternative, sometimes called the “living Constitution” is a view that judges have lee-way to craft new understandings of the law to fit a changing society, regardless of the requirement for legislators or voters to make those changes. In the end, such decisions mean that regular folks cannot read the law or Constitution and understand what it means until a judge tells them what it means based upon the latest interpretation. That view is held most often by liberal judges, usually nominated by Democratic presidents. That’s what makes lawfare work – anybody can argue any new point of view to some of these judges and they’ll buy it because of some current requirement not mentioned in the law, for example. Like climate change. The law never contemplated a “climate crisis” and doesn’t address it, so some judges will just make it up as they go, like this one appointed by Obama, a particularly bad judge.

Rud Istvan
Reply to  BobM
June 5, 2022 1:17 pm

You are generally correct, but too black and white. ‘Originalist’ reasoning is much more subtle, to solve the problem of ‘what would founders have meant about something that did not yet exist’.
The classic example is 2A. At the time written, bearing a militia arm meant a single shot flint lock muzzle loader. It also meant a cannon firing grape shot. SCOTUS long ago said 2A meant the former, not the latter, because militia arms were kept at home, while cannon weren’t. The same reasoning applies today. 2A covers all semiautomatics (including AR-15), but NOT full auto capable true assult rifles like the equivalent original M-16 and now the successor M4 stored in armories.

The best legal treatise on this general matter is Scalia’s 1000 page tome, The Art of Interpretation. Published just before his death. It defines how to reason as an originalist in modern times, and is in my opinion his most lasting contribution to the law.

Clyde Spencer
Reply to  Rud Istvan
June 5, 2022 2:15 pm

“It also meant a cannon firing grape shot.”

Or old chain and blacksmith sweepings.

Also, you and other might find this interesting if you think that the only weapons of the period were single-shot muskets.
https://en.wikipedia.org/wiki/Girardoni_air_rifle

Last edited 2 months ago by Clyde Spencer
MarkW
Reply to  Rud Istvan
June 5, 2022 6:02 pm

For those who could afford them, canon were kept on their property, even if not in the homes themselves. The problem was that very few people could afford them.

Rud Istvan
Reply to  David Middleton
June 5, 2022 3:08 pm

When in doubt, always read the Federalist Papers first. They were written by the founders to ‘sell’ ratification of the Constitution to the states. Very first thing you learn in 2L Con Law. Even before Bill of Rights, the ‘price’ the States in return exacted for ratification. Hence 10A.

The enacted prelude to the ratified BoR is explicit:
”The Convention of a number of States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of powers, that further declaratory and restrictive clauses should be added.”

TonyG
Reply to  David Middleton
June 6, 2022 9:29 am

Sadly, there are people who would downvote ANY of our founding documents, David. I’m sure you know that.

Gordon A. Dressler
June 5, 2022 12:13 pm

David,

Thank you for concluding with the quoted text by Thomas Jefferson.

I take particular note of these specific sentences therein:
“What country before ever existed a century and half without a rebellion? And what country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms.”

Hmmmm . . . the American Civil War ended April 9, 1865 . . . if we add 150 years to that we get to April 2015. So, by Jefferson’s accounting, the USA is about 7 years overdue for a rebellion.

Joe Biden (aka subject of “Let’s go Brandon!” shouts from citizens) is a prime reminder of this status and need.

Last edited 2 months ago by Gordon A. Dressler
Rud Istvan
Reply to  David Middleton
June 5, 2022 1:23 pm

What we had on Jan 6 was two things.

  1. A million strong rally against a stolen election. That is not a rebellion.
  2. A few hundred who occupied the Capital building thinking they could overturn the stolen election by preventing certification after the courts did not act. Texas v Pennsylvania clearly falls under A3§2.1 yet SCOTUS did not act. That was certainly grounds for agrievement.
Greg Bacon
Reply to  Rud Istvan
June 5, 2022 2:29 pm

There is no proof that the election was “stolen.”
..

Greg Bacon
Reply to  Greg Bacon
June 5, 2022 2:43 pm

Rud, on Jan 6th, Biden got 306 votes, and Trump got 232. Congress certified the vote totals. So, tell me, which of these votes were “stolen?”

Campbell Joseph
Reply to  Greg Bacon
June 5, 2022 3:45 pm

Any of those which were tallied under processes changed by state entities not authorized to do so by the Constitution.

Gunga Din
Reply to  Greg Bacon
June 5, 2022 4:50 pm

I saw a surveillance video (not the one where more votes were pulled out from under table after the Republican’s observers left) where the camera was originally focused on a guy looking at his phone. In the upper right, a counter sent the same stack of ballots at least 4, maybe 5 times. The camera swung to the right and a different counter noticed it. She stared at it. She looked off to the side. Someone else (a floor supervisor?) came in from the direction she looked. He also stared at the camera then he moved to place himself, still staring at the camera, between the camera and the original re-counter.
Fulton County Georgia, as I recall.

Gunga Din
Reply to  Gunga Din
June 5, 2022 6:05 pm

I saw the video. It happened.

Derg
Reply to  Greg Bacon
June 5, 2022 2:56 pm

Thanks Greg 😉

MarkW
Reply to  Greg Bacon
June 5, 2022 6:21 pm

There is lots of evidence, but for some no amount of evidence will amount to proof.

Rud Istvan
Reply to  Greg Bacon
June 6, 2022 8:08 pm

Actually, there are several. Including videos. As just two examples, consider Wisconsin and Pennsylvania.

In Wisconsin, two counties decided (later declared illegal by W Supremes) that Covid-19 comprised an ‘indefinitely confined’ conditions in Dne and Mikwaukee. Means a mail in with no proof of registration. So in WI 2018 there were ~80k such. In 2020 there were ~250k such.

In Pa, the SC illegally said COVID meant a legit mail in ballot when the state law said otherwise. Still required a written request for a mail in. Unfortunately for the SoS, her official website the day before being taken down recorded 1.8m mail in requests. Yet 2.5m mail in ballots were recorded.

Clyde Spencer
Reply to  David Middleton
June 5, 2022 2:21 pm

An unarmed ‘insurrection’ with no hierarchy of command. More like a frat’ party.

Derg
Reply to  Greg Bacon
June 5, 2022 2:56 pm

Were those FBI agents Greg?

Clyde Spencer
Reply to  Greg Bacon
June 5, 2022 9:16 pm

OK, an army of one — perhaps. Let’s see how the trial turns out.

George Daddis
Reply to  Greg Bacon
June 6, 2022 6:46 am

In a protest of tens of thousands of people you identify one person (of questionable mind who threatens his won family) and extrapolate that to an armed insurrection?

Ted
Reply to  Clyde Spencer
June 6, 2022 3:54 pm

More like an unguided tour. Most entered by walking past the police that had removed barriers. The most famous one had an Antifa tattoo.

Kemaris
Reply to  Gordon A. Dressler
June 5, 2022 1:16 pm

Call it by the proper name, the Democrat War. Soon to be the First Democrat War.

Andy Pattullo
June 5, 2022 12:19 pm

Our urban centres are full of young college graduates with useless degrees who think “energy” is a drink, and shopping is an existential right. Most of these brain-lazy progressive zealots are on the cusp of the rudest of awakenings. But when it finally creeps into those millions of thick’s skulls it may be long past the possibility of righting the economic ship of state.

Dave Fair
Reply to  Andy Pattullo
June 5, 2022 3:40 pm

Nothing is beyond “righting” with the 2nd Amendment and the rest of the Bill of Rights.

TonyG
Reply to  Dave Fair
June 6, 2022 9:47 am

They’re working on “fixing” that, Dave.

Dave Fair
Reply to  TonyG
June 6, 2022 9:55 am

Regular citizens exercising their 2nd Amendment rights will fix their fix of the Bill of Rights.

John Bell
June 5, 2022 12:23 pm

$5,30 / gal. Rochester Michigan

Don
Reply to  John Bell
June 5, 2022 5:23 pm

$4.74 at the Utica Sam’s Club, with a good half-hour wait to get to the pumps.

Greg Bacon
June 5, 2022 1:04 pm

Middleton is ignorant of the facts behind General Michael Flynn. Middleton writes ” attempted to unlawfully persecute General Michael Flynn.”
.
.
When an accused defendant pleads guilty, the judge is not making an “attempt,” the judge is not acting “unlawfully,” and the judge is not “persecuting” the defendant.

Greg Bacon
Reply to  David Middleton
June 5, 2022 2:11 pm

PLEADING GUILTY IS NOT “UNLAWFUL”.
.
THE JUDGE DID NOT “PERSECUTE” FLYNN, YOU CONFUSE THE PROSECUTOR WITH THE JUDGE.
.
.
Three strikes and you are out Middleton.

Greg Bacon
Reply to  Greg Bacon
June 5, 2022 2:21 pm

Middleton asks, “she wanted to meet Judge Contreras at a cocktail party. Is that collusion?”

Nope

Dave Fair
Reply to  Greg Bacon
June 6, 2022 10:28 am

You’re right. Its illegal Ex Parte Communications: “Of or relating to such an action taken in a manner that is not permitted due to the risk of undue influence or interference.”

Of course, the Leftist DOJ would never pursue sanctions against one of its own Leftist employees or a Leftist judge. Now its a different matter when Flynn, you or I are involved. The one Executive Federal Agency charged with enforcing “equal justice under the law” regularly violates that Constitutional requirement.

Qui Custodiet Ipsos Custodes? [Latin quote from the poet Juvenal’s “Satires” expressing the concern about whether the law is enforced on those who enforce the law.] Read it and weep for our Republic.

Dave Fair
Reply to  David Middleton
June 6, 2022 5:48 pm

David, you know that WUWT denizens never post informally. The full and complete description of what they are trying to communicate is always provided such that misunderstandings rarely occur.

Dave Fair
Reply to  David Middleton
June 7, 2022 7:41 am

Good observation, David. The rub is”… oblige it to control itself.” I liken that to the case of a bunch of teenage boys out cruising the strip on a Saturday night with a bottle of booze being expected to control themselves. Sure, its illegal but what’s to stop them?

Last edited 2 months ago by Dave Fair
Greg Bacon
Reply to  David Middleton
June 5, 2022 2:50 pm

Strike one: “attempt”
Strike two: “unlawful”
Strike three” “persecuted”
.
Flynn plead guilty. Nothing corrupt period.

Greg Bacon
Reply to  Greg Bacon
June 5, 2022 2:54 pm

Direct quote: “attempted to unlawfully persecute General Michael Flynn”

Dave Fair
Reply to  Greg Bacon
June 5, 2022 3:47 pm

Essentially bankrupted by the process and the government threatening to go after his son. Yeah, plead voluntarily. Sure.

Campbell Joseph
Reply to  Greg Bacon
June 5, 2022 4:04 pm

Jeez, Greg. Please read “The Permanent Coup” by Ian Smith and get back with us…

TonyG
Reply to  Greg Bacon
June 6, 2022 9:50 am

Flynn plead guilty. Nothing corrupt period.

Ever heard the phrase “The process is the punishment”?
Innocent people plead guilty quite often in order to avoid worse punishment by the system.

Dave Fair
Reply to  Greg Bacon
June 6, 2022 6:08 pm

Guilty to what, Greg? A DC judge and jury firmly came down on the idea that lying in a material matter to the FBI by a Leftist DC insider, Sussmann, is not a crime

Equal justice under the law falls firmly in favor of the conclusion that Flynn is guilty of no crime. There is no evidence of Flynn’s lying to the FBI even remotely like the evidence of Sussman’s text to FBI General Council Baker and the material fact of the FBI’s subsequent actions against Donald Trump both before and after his Presidency began.

From Stalin’s Beira: “Show me the man and I’ll show you the crime.” That seems like a very appropriate summation of the operations of our Leftist government and courts, especially in DC. And don’t tell me there is no Leftist Deep State.

Last edited 2 months ago by Dave Fair
Luke
Reply to  David Middleton
June 11, 2022 4:07 pm

The GOP-controlled House needs to impeach him next year.

Derg
Reply to  Greg Bacon
June 5, 2022 2:57 pm

Are you Simon the Russia colluuuusion clown?

MarkW
Reply to  Greg Bacon
June 5, 2022 6:26 pm

Just because a person pleads guilty doesn’t prove that he is guilty. In many cases it means the defendant doesn’t have the resources to fight the entire federal government.

Derg
Reply to  MarkW
June 5, 2022 6:42 pm

This has been the reason black people feel the system is rigged. If the government has you in their crosshairs you better have good lawyers or you are toast.

If the Kenosha kid who was defending himself from the mob hadn’t had a good lawyer then we would probably have never seen how he was attacked.

Dave Fair
Reply to  Derg
June 6, 2022 10:42 am

Derg, why single out black people? If “the system” is rigged in favor of the elites it affects all of us. The example you used, in fact, relates to a white kid.

Black males proportionally commit more violent crimes than other demographics. What does that have to do with a rigged (judicial) system?

Editor
June 5, 2022 1:19 pm

David, thanks. Biden’s blank look is nothing new.

Biden has appeared and sounded confused as far back as 1987 when he questioned Thomas Sowell during the Bork Confirmation Hearing:

https://www.youtube.com/watch?v=qO7rHaCi-7M

Regards,
Bob

David S
June 5, 2022 1:42 pm

“You can’t fix stupid.” Unfortunately “stupid” is one thing we don’t have a shortage of. In fact with this administration we have a great abundance of “stupid”.

MarkW
Reply to  David S
June 5, 2022 6:28 pm

We also have an abundance of people who are willing to defend stupid, so long as their side wins.

Walter Sobchak
June 5, 2022 1:49 pm

In some ways this is worse is better situation. The worse Brandon makes things the more likely he is likely to lose in November and be limited to one term.

MarkW
Reply to  David Middleton
June 5, 2022 6:30 pm

My guess is that they are going to prop Biden up until shortly after January 2023 so that this term won’t count as Harris’s first term.

Retired_Engineer_Jim
Reply to  MarkW
June 5, 2022 11:13 pm

And of course, AOC is now almost 33.

Dave Fair
June 5, 2022 3:17 pm

Wyoming must appeal this all the way to SCOTUS.

CD in Wisconsin
June 5, 2022 3:47 pm

“This is getting to the heart of the federal oil and gas program,” Nichols said. “The question here will be not whether it’s OK to lease in the Red Desert or the Powder River Basin, but whether the federal oil and gas program even makes sense in the midst of the climate crisis.”

*************

With the Biden administration wrapped around the little pinkie of the environmentalists, it appears increasingly apparent here that it’s time get rid of fossil fuels and make the environmental movement happy. It is time to begin shutting down the fossil fuel industry here in the U.S. effective immediately.

The fossil fuel industry of course needs to buy back the shares of the shareholders before shutting down. Once the economy has collapsed and most of us are dead, the Chinese or Putin can invade and take over. With a depleted strategic oil reserve thanks to Biden, I doubt the U.S. military will have enough fuel to fight off any potential invaders anyway.

An oil industry exec recently stated that no new oil refineries have been built here in the U.S. since the 1970s, and he does not expect any to be built ever again. If the Biden admin and the environmentalists truly believe there is a climate crisis resulting from fossil fuel usage, then they should quit doing a half-a** job of dealing with it. Finish the job and get it over with.

I would include are sarc tag here, but I don’t think it is entirely necessary.

CD in Wisconsin
Reply to  CD in Wisconsin
June 5, 2022 4:06 pm
Davidf
June 5, 2022 4:26 pm

Auckland Region, New Zealand – highest price in my immediate vicinity equivalent to $9.98 USD per US gallon. And thats about 70 km from center of the largest city in NZ, and after a temporary tax cut for the “Cost of living crisis”. And all of this – be it foreign wars, or fraudulent climate crisis – is caused by Political choices – there are no natural supply constraints. The peasants are once again being starved into submission by their feudal overlords. The only difference these days, seems to be that a significant proportion have been conned into thinking its for their benefit.

Kevin kilty
June 5, 2022 4:28 pm

Note that these folks wish to apply a bastardized version of NEPA rigorously to oil and gas operations, but when it comes to wind energy projects on Federal land, or new transmission lines carrying power from a wind farm to some existing tie point on Federal land, they will either not mention NEPA or try to apply its weakest form.

MarkW
Reply to  Kevin kilty
June 5, 2022 6:32 pm

They are going to apply the standards that they weren’t able to get past congress.

Gunga Din
June 5, 2022 5:15 pm

Wasn’t one the defenses to deflect energy prices from Brandon’s Expletive Actions (that reversed the USA being energy independent) that he’d approved some oil and gas exploration leases?
And now he’s going to retroactively cancel them?!?!
So what’s the cause of rising energy prices?
“Bueller? Bueller?”

D. Thomason
June 5, 2022 6:15 pm

My muscle car takes at least mid grade. The bright side of this story is that mid grade is only 9 cents higher than 87 octane. I regularly pay 30 cents more.

Ray
Reply to  D. Thomason
June 6, 2022 10:55 pm

I have snowmobiles, boats, chainsaws, and other high performance power equipment that uses nothing but no ethanol premium. Today in far northern WI that was at a $0.75 premium, $5.54/gallon, up from $4.79 for 87 regular/10%E.

Mark BLR
June 6, 2022 5:10 am

The Department of the Interior now has to reevaluate and retroactively justify more than two dozen lease sales. If it decides it can’t, or its reasoning doesn’t satisfy the court

Disclaimer : IANAL.

Can anyone out there who is a (US) legal expert please provide, in layman’s terms :

1) An explanation of why the DoI “has to” do any such thing instead of, for example, appealing to a higher court or contesting the “authority” of the court / judge in question

and

2) A complete list of the criteria “the court” (/ the individual judge ?) will be using to decide whether (or not …) the DoI has done enough to “satisfy” it (/ him / her / them / it / …)

Olen
June 6, 2022 7:01 am

Jefferson was right. Not a peep from the republican party on any of this. Not even a useless hearing.

Ktarpley
June 6, 2022 1:31 pm

Just listened to president Putin’s speech about how the west and their stupid green agenda has caused the world energy crisis. For a man who is dead and crazy he sure seems to undersand the world and the crazy leaders that now head the failing Western Governments. I guess this makes me a Putin puppet, so be it. I sure wish we had a leader that cared about our country the way Putin cares about his. Hear is his speech translated form the excellent geo-political podcast by “The Duran” https://theduran.locals.com/ The speech starts around 118 it is excellent.

Last edited 2 months ago by Ktarpley
biff
June 6, 2022 2:02 pm

might as well, since he is a complete idiot.

Kazinski
June 6, 2022 9:49 pm

Thank you sir, may I have another?

June 8, 2022 12:43 pm

I don’t understand how any sue and settle sweetheart deal can bind future administrations. Can’t they just reopen the case and get a hearing on the merits? If this isn’t the law, Congress should make it so.

Bill Parsons
June 9, 2022 7:09 pm

$9.45/gal!!

Wow! Those guys need a little motivation it looks like. C’mon! 65 cents. You can do it!

Bill Parsons
Reply to  Bill Parsons
June 9, 2022 7:09 pm

— or fifty-five even.

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