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Mid-Day Digest

Nov. 12, 2019

THE FOUNDATION

“The true key for the construction of everything doubtful in a law is the intention of the law-makers. This is most safely gathered from the words, but may be sought also in extraneous circumstances provided they do not contradict the express words of the law.” —Thomas Jefferson (1808)

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IN TODAY’S EDITION

IN BRIEF

Supreme Court to Decide DACA’s Fate

The Supreme Court is hearing arguments today over President Donald Trump’s decision to rescind Barack Obama’s Deferred Action for Childhood Arrivals (DACA) program. Back in 2012, Obama was unable to get legislation passed that would have granted legal status to so-called Dreamers — children brought to the U.S. illegally by their parents. So, despite having repeatedly asserted he had no power to act unilaterally, he went around Congress to unilaterally enact DACA via an edict from then-Department of Homeland Security Secretary Janet Napolitano. In September 2017, Trump ordered the DACA program rescinded over the ensuing six months, giving Congress time to come up with a legislative solution for Dreamers. Trump’s decision was clearly an attempt to pressure Congress to act on immigration reform, including funding his border wall.

However, lower courts populated with Obama judges were able to derail those plans by issuing injunctions, and now the issue is before the Supreme Court. To clarify, the justices will not be ruling on the legality of DACA itself; rather the question is whether the Trump administration followed the proper protocols when rescinding DACA. In other words, the issue is one of procedure, yet the ramifications for the DACA program — and constitutional Rule of Law itself — are immense.

The Trump administration’s argument in defense of rescinding DACA boils down to the program having been illegally implemented from the start. Trump officials insist that ending an illegally enacted program should not be subject to the same rules and protocols for rescinding or changing a program that was legally instituted. Why apply the rules to rescind a program — rules that mandate a public notice and a period for public comment — when that would merely extend the process of ending the illegal program by months or even years, all for a program that did not follow rules or protocols when it was first implemented?

Either way the Court rules, Trump will still have an opportunity to rescind DACA, thereby putting the ball of immigration reform back in Congress’s court. As the Washington Examiner’s Brad Polumbo notes, “The clear merits of DACA as policy aside, the answer to congressional incompetency is not an imperial presidency with the ability to re-write immigration law by executive fiat. So the conservative-majority Supreme Court would be well justified in striking down DACA as it stands. Critics may blast them for it, but they’re missing the point. The blame truly lies on Capitol Hill.” The Court is expect to issue its ruling early next summer.

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GLAAD Demands Even More ‘LGBTQ’ TV Characters

GLAAD — which used to be an acronym for “Gay & Lesbian Alliance Against Defamation” until that wasn’t “inclusive” enough — recently released its “Where We Are on TV” report, the 15th annual piece of propaganda the organization uses to track gender-confused characters on American television programs. GLAAD leverages the report to shame entertainment producers into creating programming with ever more “LGBTQ” characters. Of course, Hollywood isn’t exactly resisting.

Each year, GLAAD uses its questionable methodology to count the number of gender-confused characters on TV and compare that to the number of actual gay, lesbian, bisexual, etc. people in the population. The trouble is that the organization consistently and deliberately overestimates the number of gender-confused people.

The 2019 GLAAD report leans heavily on a Harris Poll claiming that 12% of respondents identified as “LGBTQ” — including 20% of respondents between 18-34. These numbers diverge from a more reputable study by the Williams Institute at UCLA Law School that suggests the number of gender-confused people in America is closer to 3.5%, or nine million Americans. That report also estimates that roughly 700,000 people are so-called “transgender.”

This is a far cry from what GLAAD would have us believe, which is why studies like those performed by the Williams Institute are frequently attacked by the Rainbow Mafia. Such studies don’t comport with the false narrative of a burgeoning homosexual population.

One result of this skewing of the facts is that Americans vastly overestimate the number of sexual deviants in the U.S. Gallup issued a report earlier this year that shows Americans believe the gender-disoriented population is up to five times larger than it is in reality. Women and young adults are usually more off-base in their estimates than adult males. The study points out that one of the main reasons for this is the “group’s outsized visibility.” Clearly.

This is exactly what the Rainbow Mafia wants. Mafia members push for a greater presence of “LGBTQ” characters on television to push the narrative that not only is that lifestyle more prevalent than it really is, but that it is normative behavior.

For years, we have seen a growing number of “LGBTQ” characters in programs watched by children and young adults. Why a cartoon character’s sexuality should be a subject of discussion (or even exist) in a children’s program is beyond rational understanding. But the Rainbow Mafia, like all leftist groups, goes after the young and impressionable, pushing emotional buttons to encourage them to empathize with — and even emulate — the lives of these gender-confused individuals. This is not about entertainment. It’s about indoctrination.

The ultimate goal of GLAAD and other members of the Rainbow Mafia is the complete breakdown of the traditional family and utter rejection (and criminalization) of Christian values. GLAAD President Sarah Kate Ellis essentially proved this in the 2019 report, laying down the challenge that American television programs should feature at least 20% LGBT characters by 2025. Even by GLAAD’s inflated numbers, that’s nearly twice the number of “LGBTQ” people in the United States today.

The sad news is that this strategy is working. Millennials currently self-report as LGBT at a higher rate than any other demographic, and that statistic rises every year. What is even more troublesome is that a fair portion of this group most likely identifies as gender-confused simply so that they can maintain their “woke” status.

It’s a troubling day in America when people can be convinced to support an agenda that champions a mental illness to the extent that they wish they were mentally ill as well.

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ON OUR WEBSITE TODAY

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BEST OF RIGHT OPINION

For more of today’s columns, visit Right Opinion.

TOP NEWS EXECUTIVE SUMMARY

LAWLESSNESS: 2020 Democrats plan deportation freeze: “The result would basically be open borders” (The Washington Free Beacon)

POOR PROGNOSIS: Google gathering healthcare data on millions of Americans with secret “Project Nightingale” (National Review)

INTERESTING GIVEN THE LEFT’S SKEWED VIEW OF “SCIENCE”: EPA to limit science used to write public health rules (The New York Times)

BOGUS LAWSUIT: The Supreme Court on Tuesday declined to block a lawsuit brought by parents of children killed in the Sandy Hook school shooting against Remington, the firearms manufacturer that made the AR-15 rifle used in the shooting. (National Review)

NO JURISDICTION: Judge dismisses Trump lawsuit over New York tax returns (Fox News)

THE WANING POWER OF UNIONS: Education unions in Oregon and Washington report sharp declines in membership and revenue (The Washington Free Beacon)

ESCALATION: Israel hit by rockets from Gaza after airstrike kills Islamic Jihad leader (NBC News)

BARGAINING CHIP: Turkey’s Erdogan warns that it can release ISIS prisoners back to Europe as lawmakers seek to have Erdogan’s White House invitation rescinded (Fox News)

POLICY: Three reforms Congress can build on to get the budget under control (The Heritage Foundation)

POLICY: Four feminist lies that are making women miserable (The Federalist)

HUMOR: Church that believes exactly what the world believes not sure why no one bothers coming to church anymore (The Babylon Bee)

For more of today’s editors’ choice headlines, visit In Our Sights.

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OPINION IN BRIEF

Rich Lowry: “If the impeachment effort isn’t taking the nation by storm, the Democrats have an answer — blame it on Latin. The use of a Latin term, quid pro quo, is now thought to be a damper on the impeachment cause because it sounds complex and technical. Latin is one of the great legacies of the Roman Empire, influencing languages across Europe and giving us scientific, medical and legal terms that heretofore had been thought perfectly fitting. That was before Democrats felt they needed a more emotive phrase to characterize President Donald Trump’s conduct in the Ukraine controversy, and especially one that denotes a more grave offense. … Impeachment and removal of a president requires a national consensus to get the two-thirds vote to convict in the Senate. This is why the Democrats need more than wrong and troubling and worthy of congressional investigation, a standard they’ve amply met; they need shocking to the conscience, which they aren’t going to meet on anything like the current universe of facts. This is the political reality — in English, Latin or any other language.”

SHORT CUTS

Insight: “There is surely no contradiction in saying that a certain section of the community may be quite competent to protect the persons and property of the rest, yet quite unfit to direct our opinions, or to superintend our private habits.” —Thomas Babington Macaulay (1800-1859)

Upright: “Some of the biggest cases of mistaken identity are among intellectuals who have trouble remembering that they are not God.” —Thomas Sowell

Observations: “Fascinating to watch much of media’s quick turn from mocking notion of deep state into a full throated ‘Hell yes there’s a deep state and it’s the only thing we have to protect us from the American people and who they elect.’ Points for honesty?” —Mollie Hemingway

For the record: “I don’t know what you would impeach him on. … Impeachment is like the death penalty for a public official. When you look at the transcript, there’s nothing in that transcript that warrants the death penalty for the president.” —Nikki Haley

Grand delusions I: “It’s right out of ‘The Godfather’ when somebody in a position of immense power looks at somebody not in a position of immense power and says, ‘I want you to do us a favor, though…’” —Rep. Jim Himes

Grand delusions II: “The simple answer is this: The House has no option [when it comes to impeachment]. It has to enforce the Constitution. Whether or not … it turns out to work or not work, whether or not he should or shouldn’t be kicked out of office, on the face of it, there’s a prime case he’s violated the Constitution of the United States of America in asking other countries to engage in our politics.” —Joe Biden

And last… “It’s incredible to see the mental gymnastics the American left has to do to avoid acknowledging that the people of Venezuela, Bolivia & Hong Kong are fighting against the very ideology they’re attempting to manifest here.” —Allie Beth Stuckey

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