Connect with us

Government

Not So Fast Karen: Federal Judge Blocks New Mexico Governor’s “Health Emergency” To Suspend Gun Rights

Not So Fast Karen: Federal Judge Blocks New Mexico Governor’s "Health Emergency" To Suspend Gun Rights

Has the trial balloon just popped?

A…

Published

on

Not So Fast Karen: Federal Judge Blocks New Mexico Governor's "Health Emergency" To Suspend Gun Rights

Has the trial balloon just popped?

A federal judge in Albuquerque has blocked part of New Mexico Governor Michelle Lujan Grisham's 'public health emergency' to disarm law abiding citizens who wish to carry firearms either open or concealed in public.

The ruling comes after both the state AG and various other officials said they'd refuse to enforce it, AP reports.

The ruling Wednesday by U.S. District Judge David Urias marks a setback for Democratic New Mexico Gov. Michelle Lujan Grisham as she responds to several recent shootings that took the lives of children, including an 11-year-old boy as he left a minor league baseball game in Albuquerque. -AP

The order has been slammed on both sides of the aisle, as even gun-grabbing Democrats like Ted Lieu called it unconstitutional, and far-left rag Slate says it's "already backfiring."

Gun Owners Foundation, Gun Owners of America Inc, the National Association for Gun Rights and We The Patriots USA filed several legal challenges on behalf of several Bernalillo County gun owners. On Wednesday, Judge Urias heard arguments from plaintiffs seeking a temporary restraining order that blocks the governor’s measure. -The Independent

According to Gun Owners of America senior VP, Erich Pratt, "We are ecstatic that Judge Urias agreed with us that Governor Grisham simply can’t trash the Constitution whenever she sees fit. Gun Owners of America will continue pressing to extend this Temporary Restraining Order into a permanent order. And we will not rest until all those in New Mexico who played a role in this action are held accountable for this gross assault on our rights."

Lawsuits have been filed, calls for impeachment have been sounded, and now, famed 2nd Amendment author and economist John R. Lott Jr. has chimed in with a dose of sanity.

As he writes in RealClear Wire:

After several road rage cases claimed the lives of children this summer, New Mexico Gov. Michelle Lujan Grisham suspended the open and concealed carry of firearms in Albuquerque and throughout Bernalillo County for the next 30 days. Grisham’s response will not make New Mexicans safer. Indeed, the opposite is true.

 None of the attacks that Grisham can point to involved permit holders. That’s not too surprising – permit holders in New Mexico and the rest of the country are exceptionally law-abiding. In 2021, there was just one revocation for every 45,000 permit holders in New Mexico. Nor was that an outlier. In 2019 and 2020, there were no revocations.

 For criminals, it is already illegal to carry guns. All Grisham’s edict does is make it illegal for law-abiding citizens to carry. 

 Academic research shows that police are the most important factor in reducing crime. However, the police understand that they virtually always arrive at the crime scene after the crime occurs, as one recent road rage incident illustrates. At the end of August, a law-abiding citizen with a permit used his gun to protect himself from a road rage attack near Isleta Pueblo, New Mexico.

 The Albuquerque police department doesn’t have enough officers to answer every call for help. Police Chief Harold Medina acknowledges that Albuquerque ranks at the bottom of cities in police officers per capita. And by the end of 2021, Albuquerque had only 70% of the number of police officers that it should have. When the police cannot protect people, the solution is not to disarm law-abiding citizens. 

 Albuquerque’s murder rate has soared by 70% while Grisham has been governor. But instead of addressing the problems created by Democrats’ attitudes toward law enforcement, Grisham blames the crime surge on law-abiding gun owners.

 There are now over 22 million concealed handgun permit holders nationwide, and we have decades of data on the behavior of permit holders. Some other states have especially detailed data. In Florida and Texas, permit holders are convicted of firearms-related violations at one-twelfth the rate at which police officers are. And police are convicted at just one-twentieth of the rate for the general population at large.

The average concealed carry permit revocation rate in the 19 states with comprehensive data is one-tenth of one percent. Usually, revocations occur because someone moves, dies, or forgets to bring the permit while carrying.

 Academics have published 52 peer-reviewed empirical studies on concealed carry. Of these, 25 found that allowing people to carry reduces violent crime, and 15 found no significant effect. A minority (12) observed increases in violent crime. These 12, however, suffer from systematic errors to varying degrees: They tend to focus on the last 20 years and compare states that recently passed concealed carry laws with earlier states that already had those laws. The latter states, where it was more difficult to obtain a permit, had smaller, sustained growth in permits over the past two decades. The finding that crime rose relatively in the recently adopting states is consistent with the states having the biggest increase in permit holders having the greatest reduction in crime.

 While the Supreme Court would likely strike down Grisham’s 30-day executive order, the governor may have calculated that the suspension period was too short for the courts to successfully intervene. Assuming that Grisham doesn’t get a sympathetic trial judge, there might still be time to get a preliminary injunction. But the case would be moot by the time it would get to the circuit court, let alone the Supreme Court.

 Police are essential to keeping the peace and bringing criminals to justice, but in most cases, they can’t directly protect people. That’s why Gov. Grisham owes the residents of her state the chance to protect themselves.

*  *  *

And as the Mises Institute's Connor O'Keeffe reminds Grisham, constitutional rights aren't government-issued privileges that you can simply suspend;

Grisham is distorting how rights work to justify her program. She frames rights as a handful of unrelated positive freedoms granted to citizens by the government, which can revoke them during emergencies or when they conflict with rights that government officials deem more important.

In reality, rights are derived from self-ownership. We alone have the highest claim to our own bodies. That right is absolute, so any aggression against our bodies is a rights violation that can be justly resisted or punished proportionately.

And from self-ownership, we can derive the just ownership of property. Self-ownership gives you the highest claim to the fruits of your labor. Unowned resources can justly become owned through homesteading—mixing your labor with unowned natural resources. Once these resources are owned, they can be justly transferred as gifts or through voluntary exchange. Because they are derived from self-ownership, property rights are absolute, meaning any violation can be justly resisted or punished proportionately.

We can see, then, that the right not to be harmed and the right to own property do not conflict—they are variations of the same fundamental right. This is especially evident when the property in question equips us to better protect ourselves and our other property. That’s the case with firearms. The debate Grisham calls for is built on a lie.

The governor is trying to account for the government’s failures to protect people, a service it monopolizes, by violating the property rights of Bernalillo County citizens. She understands this is probably illegal and at the press conference even called herself courageous for moving ahead anyway. Even though, unlike the rest of us outside of government, she wouldn’t face consequences if it were determined that what she’s doing is illegal. She’d, at most, be told to stop.

Or so she thought. Instead, over the weekend, the gun owners of Bernalillo County took to the streets, carrying their weapons peacefully in protest. And the Albuquerque police chief and Bernalillo County sheriff issued statements saying they would not enforce the governor’s order. Because it violates the rights of citizens and draws resources away from preventing real crimes.

That’s real courage.

What's next?

 

Tyler Durden Wed, 09/13/2023 - 17:40

Read More

Continue Reading

International

Beloved mall retailer files Chapter 7 bankruptcy, will liquidate

The struggling chain has given up the fight and will close hundreds of stores around the world.

Published

on

It has been a brutal period for several popular retailers. The fallout from the covid pandemic and a challenging economic environment have pushed numerous chains into bankruptcy with Tuesday Morning, Christmas Tree Shops, and Bed Bath & Beyond all moving from Chapter 11 to Chapter 7 bankruptcy liquidation.

In all three of those cases, the companies faced clear financial pressures that led to inventory problems and vendors demanding faster, or even upfront payment. That creates a sort of inevitability.

Related: Beloved retailer finds life after bankruptcy, new famous owner

When a retailer faces financial pressure it sets off a cycle where vendors become wary of selling them items. That leads to barren shelves and no ability for the chain to sell its way out of its financial problems. 

Once that happens bankruptcy generally becomes the only option. Sometimes that means a Chapter 11 filing which gives the company a chance to negotiate with its creditors. In some cases, deals can be worked out where vendors extend longer terms or even forgive some debts, and banks offer an extension of loan terms.

In other cases, new funding can be secured which assuages vendor concerns or the company might be taken over by its vendors. Sometimes, as was the case with David's Bridal, a new owner steps in, adds new money, and makes deals with creditors in order to give the company a new lease on life.

It's rare that a retailer moves directly into Chapter 7 bankruptcy and decides to liquidate without trying to find a new source of funding.

Mall traffic has varied depending upon the type of mall.

Image source: Getty Images

The Body Shop has bad news for customers  

The Body Shop has been in a very public fight for survival. Fears began when the company closed half of its locations in the United Kingdom. That was followed by a bankruptcy-style filing in Canada and an abrupt closure of its U.S. stores on March 4.

"The Canadian subsidiary of the global beauty and cosmetics brand announced it has started restructuring proceedings by filing a Notice of Intention (NOI) to Make a Proposal pursuant to the Bankruptcy and Insolvency Act (Canada). In the same release, the company said that, as of March 1, 2024, The Body Shop US Limited has ceased operations," Chain Store Age reported.

A message on the company's U.S. website shared a simple message that does not appear to be the entire story.

"We're currently undergoing planned maintenance, but don't worry we're due to be back online soon."

That same message is still on the company's website, but a new filing makes it clear that the site is not down for maintenance, it's down for good.

The Body Shop files for Chapter 7 bankruptcy

While the future appeared bleak for The Body Shop, fans of the brand held out hope that a savior would step in. That's not going to be the case. 

The Body Shop filed for Chapter 7 bankruptcy in the United States.

"The US arm of the ethical cosmetics group has ceased trading at its 50 outlets. On Saturday (March 9), it filed for Chapter 7 insolvency, under which assets are sold off to clear debts, putting about 400 jobs at risk including those in a distribution center that still holds millions of dollars worth of stock," The Guardian reported.

After its closure in the United States, the survival of the brand remains very much in doubt. About half of the chain's stores in the United Kingdom remain open along with its Australian stores. 

The future of those stores remains very much in doubt and the chain has shared that it needs new funding in order for them to continue operating.

The Body Shop did not respond to a request for comment from TheStreet.   

Read More

Continue Reading

Government

Are Voters Recoiling Against Disorder?

Are Voters Recoiling Against Disorder?

Authored by Michael Barone via The Epoch Times (emphasis ours),

The headlines coming out of the Super…

Published

on

Are Voters Recoiling Against Disorder?

Authored by Michael Barone via The Epoch Times (emphasis ours),

The headlines coming out of the Super Tuesday primaries have got it right. Barring cataclysmic changes, Donald Trump and Joe Biden will be the Republican and Democratic nominees for president in 2024.

(Left) President Joe Biden delivers remarks on canceling student debt at Culver City Julian Dixon Library in Culver City, Calif., on Feb. 21, 2024. (Right) Republican presidential candidate and former U.S. President Donald Trump stands on stage during a campaign event at Big League Dreams Las Vegas in Las Vegas, Nev., on Jan. 27, 2024. (Mario Tama/Getty Images; David Becker/Getty Images)

With Nikki Haley’s withdrawal, there will be no more significantly contested primaries or caucuses—the earliest both parties’ races have been over since something like the current primary-dominated system was put in place in 1972.

The primary results have spotlighted some of both nominees’ weaknesses.

Donald Trump lost high-income, high-educated constituencies, including the entire metro area—aka the Swamp. Many but by no means all Haley votes there were cast by Biden Democrats. Mr. Trump can’t afford to lose too many of the others in target states like Pennsylvania and Michigan.

Majorities and large minorities of voters in overwhelmingly Latino counties in Texas’s Rio Grande Valley and some in Houston voted against Joe Biden, and even more against Senate nominee Rep. Colin Allred (D-Texas).

Returns from Hispanic precincts in New Hampshire and Massachusetts show the same thing. Mr. Biden can’t afford to lose too many Latino votes in target states like Arizona and Georgia.

When Mr. Trump rode down that escalator in 2015, commentators assumed he’d repel Latinos. Instead, Latino voters nationally, and especially the closest eyewitnesses of Biden’s open-border policy, have been trending heavily Republican.

High-income liberal Democrats may sport lawn signs proclaiming, “In this house, we believe ... no human is illegal.” The logical consequence of that belief is an open border. But modest-income folks in border counties know that flows of illegal immigrants result in disorder, disease, and crime.

There is plenty of impatience with increased disorder in election returns below the presidential level. Consider Los Angeles County, America’s largest county, with nearly 10 million people, more people than 40 of the 50 states. It voted 71 percent for Mr. Biden in 2020.

Current returns show county District Attorney George Gascon winning only 21 percent of the vote in the nonpartisan primary. He’ll apparently face Republican Nathan Hochman, a critic of his liberal policies, in November.

Gascon, elected after the May 2020 death of counterfeit-passing suspect George Floyd in Minneapolis, is one of many county prosecutors supported by billionaire George Soros. His policies include not charging juveniles as adults, not seeking higher penalties for gang membership or use of firearms, and bringing fewer misdemeanor cases.

The predictable result has been increased car thefts, burglaries, and personal robberies. Some 120 assistant district attorneys have left the office, and there’s a backlog of 10,000 unprosecuted cases.

More than a dozen other Soros-backed and similarly liberal prosecutors have faced strong opposition or have left office.

St. Louis prosecutor Kim Gardner resigned last May amid lawsuits seeking her removal, Milwaukee’s John Chisholm retired in January, and Baltimore’s Marilyn Mosby was defeated in July 2022 and convicted of perjury in September 2023. Last November, Loudoun County, Virginia, voters (62 percent Biden) ousted liberal Buta Biberaj, who declined to prosecute a transgender student for assault, and in June 2022 voters in San Francisco (85 percent Biden) recalled famed radical Chesa Boudin.

Similarly, this Tuesday, voters in San Francisco passed ballot measures strengthening police powers and requiring treatment of drug-addicted welfare recipients.

In retrospect, it appears the Floyd video, appearing after three months of COVID-19 confinement, sparked a frenzied, even crazed reaction, especially among the highly educated and articulate. One fatal incident was seen as proof that America’s “systemic racism” was worse than ever and that police forces should be defunded and perhaps abolished.

2020 was “the year America went crazy,” I wrote in January 2021, a year in which police funding was actually cut by Democrats in New York, Los Angeles, San Francisco, Seattle, and Denver. A year in which young New York Times (NYT) staffers claimed they were endangered by the publication of Sen. Tom Cotton’s (R-Ark.) opinion article advocating calling in military forces if necessary to stop rioting, as had been done in Detroit in 1967 and Los Angeles in 1992. A craven NYT publisher even fired the editorial page editor for running the article.

Evidence of visible and tangible discontent with increasing violence and its consequences—barren and locked shelves in Manhattan chain drugstores, skyrocketing carjackings in Washington, D.C.—is as unmistakable in polls and election results as it is in daily life in large metropolitan areas. Maybe 2024 will turn out to be the year even liberal America stopped acting crazy.

Chaos and disorder work against incumbents, as they did in 1968 when Democrats saw their party’s popular vote fall from 61 percent to 43 percent.

Views expressed in this article are opinions of the author and do not necessarily reflect the views of The Epoch Times or ZeroHedge.

Tyler Durden Sat, 03/09/2024 - 23:20

Read More

Continue Reading

Government

Veterans Affairs Kept COVID-19 Vaccine Mandate In Place Without Evidence

Veterans Affairs Kept COVID-19 Vaccine Mandate In Place Without Evidence

Authored by Zachary Stieber via The Epoch Times (emphasis ours),

The…

Published

on

Veterans Affairs Kept COVID-19 Vaccine Mandate In Place Without Evidence

Authored by Zachary Stieber via The Epoch Times (emphasis ours),

The U.S. Department of Veterans Affairs (VA) reviewed no data when deciding in 2023 to keep its COVID-19 vaccine mandate in place.

Doses of a COVID-19 vaccine in Washington in a file image. (Jacquelyn Martin/Pool/AFP via Getty Images)

VA Secretary Denis McDonough said on May 1, 2023, that the end of many other federal mandates “will not impact current policies at the Department of Veterans Affairs.”

He said the mandate was remaining for VA health care personnel “to ensure the safety of veterans and our colleagues.”

Mr. McDonough did not cite any studies or other data. A VA spokesperson declined to provide any data that was reviewed when deciding not to rescind the mandate. The Epoch Times submitted a Freedom of Information Act for “all documents outlining which data was relied upon when establishing the mandate when deciding to keep the mandate in place.”

The agency searched for such data and did not find any.

The VA does not even attempt to justify its policies with science, because it can’t,” Leslie Manookian, president and founder of the Health Freedom Defense Fund, told The Epoch Times.

“The VA just trusts that the process and cost of challenging its unfounded policies is so onerous, most people are dissuaded from even trying,” she added.

The VA’s mandate remains in place to this day.

The VA’s website claims that vaccines “help protect you from getting severe illness” and “offer good protection against most COVID-19 variants,” pointing in part to observational data from the U.S. Centers for Disease Control and Prevention (CDC) that estimate the vaccines provide poor protection against symptomatic infection and transient shielding against hospitalization.

There have also been increasing concerns among outside scientists about confirmed side effects like heart inflammation—the VA hid a safety signal it detected for the inflammation—and possible side effects such as tinnitus, which shift the benefit-risk calculus.

President Joe Biden imposed a slate of COVID-19 vaccine mandates in 2021. The VA was the first federal agency to implement a mandate.

President Biden rescinded the mandates in May 2023, citing a drop in COVID-19 cases and hospitalizations. His administration maintains the choice to require vaccines was the right one and saved lives.

“Our administration’s vaccination requirements helped ensure the safety of workers in critical workforces including those in the healthcare and education sectors, protecting themselves and the populations they serve, and strengthening their ability to provide services without disruptions to operations,” the White House said.

Some experts said requiring vaccination meant many younger people were forced to get a vaccine despite the risks potentially outweighing the benefits, leaving fewer doses for older adults.

By mandating the vaccines to younger people and those with natural immunity from having had COVID, older people in the U.S. and other countries did not have access to them, and many people might have died because of that,” Martin Kulldorff, a professor of medicine on leave from Harvard Medical School, told The Epoch Times previously.

The VA was one of just a handful of agencies to keep its mandate in place following the removal of many federal mandates.

“At this time, the vaccine requirement will remain in effect for VA health care personnel, including VA psychologists, pharmacists, social workers, nursing assistants, physical therapists, respiratory therapists, peer specialists, medical support assistants, engineers, housekeepers, and other clinical, administrative, and infrastructure support employees,” Mr. McDonough wrote to VA employees at the time.

This also includes VA volunteers and contractors. Effectively, this means that any Veterans Health Administration (VHA) employee, volunteer, or contractor who works in VHA facilities, visits VHA facilities, or provides direct care to those we serve will still be subject to the vaccine requirement at this time,” he said. “We continue to monitor and discuss this requirement, and we will provide more information about the vaccination requirements for VA health care employees soon. As always, we will process requests for vaccination exceptions in accordance with applicable laws, regulations, and policies.”

The version of the shots cleared in the fall of 2022, and available through the fall of 2023, did not have any clinical trial data supporting them.

A new version was approved in the fall of 2023 because there were indications that the shots not only offered temporary protection but also that the level of protection was lower than what was observed during earlier stages of the pandemic.

Ms. Manookian, whose group has challenged several of the federal mandates, said that the mandate “illustrates the dangers of the administrative state and how these federal agencies have become a law unto themselves.”

Tyler Durden Sat, 03/09/2024 - 22:10

Read More

Continue Reading

Trending