"Your love of liberty, your respect for the laws, your habits of industry, and your practice of the moral and religious obligations, are the strongest claims to national and individual happiness." -- George Washington (1789)

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The controversial business practice known as “diversity, equity, and inclusion” (DEI) could soon see its legal challenges take it all the way to the Supreme Court.

According to Axios, the case that could spark Supreme Court action was filed by the same group that successfully saw the practice of affirmative action overturned by the court last year.

The current case saw an appeals court ultimately rule that a venture capital firm had to shut down its grant program that was exclusively for black women.

The American Alliance for Equal Rights (AAER) filed a lawsuit against Fearless Fund in 2023, arguing that the black-only and women-only grant program was discriminatory. The group initially tried to have the program halted while the case played out in the courts, but a district judge ruled in favor of the company and allowed the program to continue.

Then, on Monday, a three-judge panel in the U.S. Court of Appeals for the 11th Circuit overturned the district judge’s ruling, thus ordering Fearless Fund to cease its grant program. The two judges in the majority were appointed by former President Donald Trump, while the lone dissenter was an Obama appointee.

The appeals court’s ruling noted that the challenge by AAER “is likely to succeed on the merits” of its claims that the program is a violation of civil rights and anti-discrimination laws. As a result of this ruling, there is now a “circuit split” on the matter, increasing the likelihood that the subsequent challenge by Fearless Fund will ultimately lead to the Supreme Court for a final decision.

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The Supreme Court's 2023 term is winding down with several of the largest and most impactful cases yet to be decided before the justices depart at the end of the month for their annual recess.

Why it matters: In the middle of a fraught election season where the court's credibility has been challenged, the Supreme Court has yet to issue decisions in cases touching on former President Trump's wide-ranging claim to immunity from prosecution, abortion rights, the power of the executive branch and gun rights.

Presidential immunity

Perhaps the largest outstanding question before the Supreme Court is deciding whether Trump is immune from prosecution for acts committed while in office.

  • The decision will come as Trump's two federal cases — on his efforts to overturn the 2020 election and his handling of classified documents after he left office — hang in the balance.
  • The court appeared poised to grant Trump at least a partial victory during oral arguments in April.
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One of Joe Biden’s biggest supporters appears to be throwing up his hands in frustration after declaring that a recent executive order issued last week was far too little and way too late to help the president win a second term.

HBO’s “Real Time” host Bill Maher said during his Friday program that Biden’s executive order on immigration won’t really boost his reelection chances and is doomed to failure.

Biden issued an executive order to halt new asylum requests once the number of migrants crossing into the U.S. hits an average of 2,500 per day over a week. The order comes after months of Biden stating he could not intervene in the immigration crisis. Maher commented on his show that while immigration is a critical issue for Biden’s reelection, this executive order is unlikely to satisfy any party involved.

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I think that it was the great Miranda Devine, she of the “laptop from hell” fame, who first called the world’s attention to the latest wrinkle in the long-running “Get Trump” extravaganza in New York.  Anyway, I first heard about it from her post on X Friday. “If this is legit,” she wrote, commenting on a letter purportedly from Acting Justice Juan Merchan to Donald Trump’s Counsel and the Manhattan DA’s office,  “it should wipe out Trump’s conviction.”

Eh, what?

At issue was someone who (again, purportedly) posted on the Court’s public Facebook page a message from one “Michael Anderson,”  a self-described “professional shitposter,” who claimed to have inside information that Trump was about to be convicted. “My cousin is a juror and says Trump is getting convicted. Thank you folks for all your hard work!” The comment, Merchan wrote, was posted on May 29, a day before Trump’s guilty verdict rolled off the tongues of Merchan’s jury.

For a brief moment, the internet was ablaze with speculative comment, elated or anguished depending on the ideological coloration of the poster.  If it turned out that a juror had disobeyed his orders and spilled the beans about the verdict to someone who then posted the bulletin on Facebook, would that constitute grounds for a mistrial?  After all, “prejudice to the defendant” is one of the stipulated grounds for a mistrial. CPL § 280.10 of the statute says, in part, that “the court must declare a mistrial”   “upon motion of the defendant, when there occurs during the trial an error or legal defect in the proceedings, or conduct inside or outside the courtroom, which is prejudicial to the defendant and deprives him of a fair trial.”

Is that what we have here?  It’s hard to say.  The original Facebook post was removed.  As far as I know, the juror in question has not been identified—and that’s assuming that a juror did inform “Michael Anderson” of the verdict. Did the post result in “substantial and irreparable prejudice to the defendant’s case?”

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For many of you, watching the Dr. Fauci House Subcommittee testimony last Monday was must-see TV. For others, it was just another example of partisan bickering over a topic that is now in our collective rearview mirror. It’s safe to say that partisans on both sides—especially Marjorie Taylor Greene for Republicans and Jamie Raskin for Democrats—didn’t cover themselves with glory. And while there were some pointed questions asked by Republicans, most failed to land a decisive knock-out punch.

During the same hearing last Monday, we watched one Democrat after another heap lavish praise on the diminutive tyrant who once claimed “I am science” before walking back that title. Especially egregious were several congressional Democrats like Jamie Raskin who wasted most of their allotted five minutes to question Fauci. They did not ask questions, rather they filibustered the process by puffing up his inflated ego, the worst of which was California Rep. Robert Garcia.

At the heart of last Monday’s s**t show in the House was Fauci’s involvement through the National Institute of Allergy and Infectious Diseases (NIAID) of back-channel funding of gain-of-function research at the Wuhan Institute of Virology. The movement of funds from the National Institute of Health (NIH) through the EcoHealth Alliance and on to the Wuhan Institute of Virology was meticulously documented by Wolves and Finance commentator Zach De Gregorio in this post last Sunday, the day before Fauci testified before the House Subcommittee.

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Taking his cue from Minister of Foreign Affairs and Trade Péter Szijjártó’s recent visit to the St. Petersburg International Economic Forum, U.S. Ambassador to Hungary David Pressman used the occasion to launch yet another attack on Hungary’s conservative government.

“Hungary’s foreign minister makes his 8th trip to Russia since Putin’s invasion of Ukraine. Hungary’s government says it is the ‘party of peace’ while continuing to stand with Putin’s party of war. Hungary’s addiction to Russian energy is dangerous and unnecessary,” Pressman wrote in a Facebook post on Thursday.

“Minister Szijjártó is right: energy diversification is not a matter of ideology but one of physics. The laws of physics in Hungary are no different than the laws of physics in every single one of Hungary’s EU partners, all of whom have chosen to reduce dependence on Putin,” Pressman concluded his post.

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At least 210 Palestinians were killed and hundreds of others were injured on Saturday in the central Gaza Strip, in what Israel is celebrating as a “heroic” military operation to rescue four Israeli captives that were being held in Gaza. 

Palestinian media reported intense bombardment in the early afternoon local time in various areas in the Nuseirat and Deir al-Balah in the central Gaza Strip. Video footage from the main market in the Nuseirat refugee camp showed crowds of Palestinian civilians fleeing under the sound of heavy artillery fire. 

Al Jazeera reporter Anas al-Sharif reported that Israeli forces “infiltrated” the Nuseirat refugee camp in trucks disguised as humanitarian aid trucks. 

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Imagine showing up to a job interview with your mom. "Hey boss, here's my mommy to tell you how great I am!" Seriously, Gen Z, are we doing bring-your-parent-to-work day now? If you need your parents to hold your hand in an interview, how are you going to handle the job?
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The House Rules Committee will be considering a resolution to hold Attorney General Merrick Garland in contempt of Congress next week, potentially setting the stage for a full House vote on the matter.

A contempt vote has been looming since last month, when two committees forwarded a resolution to censure Garland.

As part of the impeachment investigation into President Biden, House Republicans are demanding the audio recording of Biden’s interview with special counsel Robert Hur, who probes Biden’s mishandling of classified documents. Despite admitting that he mishandled classified documents, Hur opted not to charge Biden, stating that he would be perceived as old and forgetful by a jury.

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