I’ve been following a case filed in the U.S. District Court for the District of Maryland by a group of newspapers against the Maryland Election Commission seeking to overturn a vague and patently unconstitutional law dealing with online political advertising. It turns out that I have a dog in that fight because there are months when the traffic here at Hogewash! is sufficient for the law to apply to this blog.
The newspapers are seeking a preliminary injunction prohibiting the State from enforcing the law. A hearing is scheduled on their motion on 16 November before Judge Paul Grimm. I plan to cover that hearing.
Whatever disagreement there may be as to the scope of the phrase “due process of law” there can be no doubt that it embraces the fundamental conception of a fair trial, with opportunity to be heard.
—Oliver Wendell Holmes, Jr.
While considering my first cup of coffee this morning, I was scrolling through teh Twitterz and found this—
—which seems to be a neat summation of the real constitutional “crisis” being played out in this week’s SCOTUS nomination hearings: Congress has been failing to do its job writing legislation for more than a century.
One obvious problem is the deferral of too much of the regulatory process to executive branch agencies such as the FCC or the EPA. Another is the lack of Congressional pushback when the courts have engaged in legislation from the bench.
If Senator Hirono is so concerned about the Supreme Court overturning Roe v. Wade, she should introduce legislation to remove the Court’s authority to consider abortion cases. Congress has that power under Art. III, Sec. 2 of the Constitution. Of course, the fallout from the debate over such a bill might have disastrous consequences for elected officials who could lose their jobs at the next election, so it’s understandable that she might prefer to leave such questions the responsibility of government employees with better job security. Even if they might vote the wrong way. Some things aren’t worth risking your job.
There’s an interesting post over at Da Tech Guy Blog about the similarities between how Andrew Jackson handled his opponents and how Donald Trump deals with his.
I suspect the dirty little secret is folks in DC in general and the FBI and in justice in particular know about dozens if not hundreds of Manaforts and Cohens who have been operating in DC and NY for years doing the very same things that these two men have been convicted of or pleaded out to, however as they were in the service of folks like the Clintons or the Obamas or any of the establishment bigwigs in either party they have and will continue to be allowed to function secure in the knowledge that as long as they serve the right masters rather than the wrong one they will be allowed to thrive.
If they succeed in “getting Trump” then the deep state will be able to function without fear. After all VP Mike Pence’s association with President Trump was almost incidental. Prior to being picked as VP he not only functioned within the deep state but showed a willingness to back down when confronted by the left (remember the religious protection law in Indiana cave?)
However they have forgotten one important thing, that Trump is not a regular pol so the normal standards that might drive others out of office don’t apply …
Read the whole thing.
UPDATE—Roger Kimball has some related thoughts over at American Greatness.
The crime at the center of this deep-state initiative is the election of Donald Trump. The tort? He was elected without the permission of the ruling class, its jesters and its scribes and moralists. Pete Wehner does not approve of Donald Trump. Bill Kristol thinks he is infra-dig. Psychiatrists are still trying to figure out what Mad Max Boot and Jabbering John Brennan think.
But this, Ladies and Gentlemen (and unlike the MTA and the London Tube, we still use the phrase “Ladies and Gentlemen” here), this is the crime: Donald Trump was elected. That’s it. That’s the crime. It’s not in the statute books, but a little thing like that never stopped a diligent bureaucrat, especially one armed with a phalanx of partisan prosecutors and an unlimited budget.
Read all of this one too.
It’s not unusual for the Maryland Legislature to pass a blatantly unconstitutional law. One of the recent laws seeks to regulate online political advertising. A group of newspapers are suing the State.
For once, I’m on the same side as WaPo.
The requirements in these new laws may have adverse consequences for bloggers as well. Stay tuned.
UPDATE—The reporting requirements in these new laws could affect Hogewash! because there are month when the web traffic exceeds 100,000 hits.
And the Left just finished telling us it was OK to punch a Nazi, but now it’s wrong for ICE to deport one—