The Patriot Post Digest 6-30-2015

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The Patriot Post Digest 6-30-2015
From The Federalist Patriot
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Daily Digest

Jun. 30, 2015

THE FOUNDATION

“Constitutions of civil government are not to be framed upon a calculation of existing exigencies, but upon a combination of these with the probable exigencies of ages, according to the natural and tried course of human affairs.” —Alexander Hamilton, Federalist No. 34, 1788

TOP RIGHT HOOKS

Some Liberties Are More Equal Than Others1

One day before the Supreme Court ruled on same-sex marriage, ACLU deputy legal director Louise Melling wrote2 of the organization’s newly announced hostility to Christians and religious liberty, specifically regarding its withdrawal of support for the Religious Freedom Restoration Act. “The ACLU supported the RFRA’s passage at the time because it didn’t believe the Constitution, as newly interpreted by the Supreme Court, would protect people … whose religious expression does not harm anyone else. But we can no longer support the law in its current form. For more than 15 years, we have been concerned about how the RFRA could be used to discriminate against others. As the events of the past couple of years amply illustrate, our fears were well-founded. While the RFRA may serve as a shield to protect [some], it is now often used as a sword to discriminate against women, gay and transgender people and others. … Yes, religious freedom needs protection. But religious liberty doesn’t mean the right to discriminate or to impose one’s views on others.” It’s not exactly surprising that the ACLU would find a way to oppose such laws once Christians found refuge in them. But this is an organization that has gone to bat for the KKK and the American Nazi Party. And the irony is too much: Melling decries the imposition of views while having no problem with homosexuals forcing bakers, photographers and florists to provide their services against their consciences. Now that the Supreme Court has found a constitutional right to same-sex marriage, more imposition and discrimination will occur. And the ACLU will be leading the charge. Because “love wins3,” right?

Puerto Rico Wants a Pass on $72 Billion Debt4

“Death spiral” — that’s how Puerto Rico Governor Alejandro García Padilla describes the commonwealth’s debt. Over the last few years, the island racked up a debt of $72 billion, or 3.5 times the amount that bankrupted Detroit. Padilla, who once vowed to repay the loans accrued by his and past administrations, now says it’s impossible and creditors should “share the sacrifices.” Problem is, Puerto Rico has been a popular place for retirees to invest because the commonwealth’s bonds are tax-free. The problem becomes stickier, as Puerto Rico cannot file for Chapter 9 bankruptcy. The island used to be an economic powerhouse, filled with manufacturing and a vibrant port. But Deepak Lamba-Nieves, research director for the think tank Center for a New Economy, said in 2013, “You cannot pay daily expenses with your credit card, and that’s what Puerto Rico has been doing for years. We borrowed just to keep the lights on.” Padilla doesn’t appear ready to make the difficult cuts, firing government workers, tightening its belt and getting serious about the debt. Like Detroit5, Puerto Rico was destroyed by liberal politicians and their failed economic theories. Now, some will say the only way to save the commonwealth is with a bailout. Barack Obama says he won’t do so, but don’t be surprised if he proposes to “fix” the problem by floating Puerto Rico statehood again — in order to firm up some Latino support. While the offer is hollow, a narcissist like Obama would certainly be pleased with a legacy of altering the American flag.

Brady Center’s Frivolous Suit Against Ammo Company Backfires6

After the massacre at the Aurora movie theater, The Brady Center to Prevent Gun Violence went after the company from which the murderer bought his ammunition. The center filed suit against Lucky Gunner because it sold its ammunition online, arguing that’s “unreasonably dangerous and creates a public nuisance.” But not only did the judge disagree, he reprimanded the Brady Center7 because he said it was filing suit simply to make a high-profile political point. Judge Richard Matsch wrote in his ruling, “It is apparent that this case was filed to pursue the political purposes of the Brady Center and, given the failure to present any cognizable legal claim, bringing these defendants into the Colorado court where the prosecution of James Holmes was proceeding appears to be more of an opportunity to propagandize the public and stigmatize the defendants than to obtain a court order.” Furthermore, Matsch said the Brady Center had to pay Lucky Gunner’s legal fees. Lucky Gunner said those funds would be donated to pro-Second Amendment groups. For groups with deep pockets and a bitterness toward Liberty, an effective strategy is to silence the lovers of Liberty through suits, frivolous or no. Judge Matsch put a damper on that strategy.

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FEATURED RIGHT ANALYSIS
All Isn’t Lost, as SCOTUS Rebukes EPA10

By Lewis Morris

The Supreme Court proved it still has a little bit of respect left for Rule of Law in its decision yesterday in Michigan v. EPA11. In a 5-4 ruling that predictably followed partisan lines with Justice Anthony Kennedy swinging to the right, the High Court ruled that the Environmental Protection Agency did not properly consider the high costs of regulation of emissions from coal-fired power plants.

That this Court — the one content to rewrite ObamaCare in order to save it, twice — found the EPA went too far in rewriting the law is saying something.

The EPA, which has been pursuing the ecofascist dream of completely wiping the coal industry off the face of the earth, released a series of regulations in 2012 that would force energy producers to comply with limits on mercury and air toxins released in coal energy production. The National Federation of Independent Business said the regulations, known as Mercury and Air Toxics Standards (MATS), are among the costliest ever issued.

The EPA estimated the new rules would cost close to $10 billion annually, while bringing direct annual benefits of no more than $6 million. Bureaucrats also made the un-provable assertion that the rules would prevent up to 11,000 premature deaths and 130,000 asthma cases each year. In developing its regulations, the EPA was expected to adhere to the Clean Air Act’s “appropriate and necessary” standard. But the agency arbitrarily determined that cost had no bearing in the development of the regulations, essentially flouting the decades-old law and choosing to make up its own rules. The EPA determined that its work protecting the environment justified whatever actions it saw fit.

Justice Antonin Scalia’s majority opinion stated, “EPA strayed well beyond the bounds of reasonable interpretation in concluding that cost is not a factor relevant to the appropriateness of regulating power plants.” Scalia also noted, “The costs to power plants were … between 1,600 and 2,400 times as great as the quantifiable benefits from reduced emissions of hazardous air pollutants.” He added, “No regulation is ‘appropriate’ if it does significantly more harm than good.”