Could SEC v. Jarkesy Be The SCOTUS Case That Brings Down The Administrative State?
Does the SEC have the constitutional authority to regulate and target small business owners, up to the tune of a half-a-million-dollar fine?
On August 3, President Joe Biden signed an executive order directing the Department of Health and Human Services to look into using taxpayer dollars to finance out-of-state abortions. Pursuing a similar end, several House Democrats have proposed a new federal grant program to subsidize patients who wish to travel to another state to abort their children.
Democrat Reps. Marilyn Strickland (Wash.), Lizzie Fletcher (Texas), and Cori Bush (Mo.) — among the 18 members of Congress arrested during the same July 19 pro-abortion protest from which Rep. Alexandria Ocasio-Cortez was "led away in invisible handcuffs" — introduced the bill (H.R. 8542) on July 20. It is intended to accompany the "Ensuring Access to Abortion Act" passed by the House earlier in the month, which claims to "safeguard the right to travel across state lines for abortion in federal law, by precluding state laws that prohibit it."
If passed, the Democrats' new bill, entitled the "Reproductive Health Travel Fund Act of 2022," would authorize grants to "eligible entities to pay for travel-related expenses and logistical support for individuals with respect to accessing abortion services, and for other purposes" for fiscal years 2023 through 2027.
Accordingly, $300 million per year over five years (totaling $1.5 billion) would be provided to select organizations such as Planned Parenthood and NARAL so that they may "help" pregnant women seeking abortions offset the costs of "transportation, food, lodging, childcare, translation, and doula services."
According to the bill, an organization qualifies if it will facilitate access to abortion by way of "unbiased" programs, services, or activities"; however, any organization that discourages individuals from seeking an abortion would be prevented from receiving funding.
Such organizations will be able to spend 15% of the taxpayer dollars awarded them via this fund on:
To avoid violating the Hyde Amendment outright, which prohibits the use of federal funds to pay for abortion, it is stipulated in the bill that "an eligible entity receiving a grant under this section shall not use the grant for costs of an abortion procedure."
Kristi Hamrick with Students for Life of America suggested that the bill would not only impact the Hyde Amendment, but also constitutes a misuse of funds "at a time in which taxpayers are really stressed with higher costs and higher inflation."
CBS47 reported that it is unlikely this bill will be approved both by the House and the Senate.
Similarly unlikely to pass is North Carolina Republican Rep. Madison Cawthorn's "Protect S.T.A.T.E. Lines Act," which would ban federal funding to transport a person over state lines to abort her child. GovTrack suggested it has a 1% chance of being enacted.
Pro-abortion protesters descended upon the personal residences of the Supreme Court's conservative-leaning justices last week after a leaked opinion draft indicated the court had voted to overturn abortion precedents.
But those protests may not be protected under the First Amendment.
Federal law 18 U.S.C. §1507 — part of a chapter on obstruction of justice — prohibits exactly what the leftist protesters are doing.
The statute reads:
Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty, pickets or parades in or near a building housing a court of the United States, or in or near a building or residence occupied or used by such judge, juror, witness, or court officer, or with such intent uses any sound-truck or similar device or resorts to any other demonstration in or near any such building or residence, shall be fined under this title or imprisoned not more than one year, or both.
The question, then, is why has the Justice Department not enforced the law?
Former federal prosecutor Andrew McCarthy told Fox News the silence from Attorney General Merrick Garland is deafening, especially considering what Garland has spoken out about.
"I would note that months ago, when Attorney General Garland unjustifiably dispatched the FBI to investigate parents who were protesting the inclusion of racist and anti-American materials in school curricula, Garland claimed that the Justice Department had an interest in protecting teachers and school administrators. Not only was it untrue that schools were under siege, the relationship between parents and schools is a state and local issue, not a federal one — hypothetically, if a parent were to assault a teacher, it would be a state crime, not a federal one," McCarthy explained.
"By contrast, the protection of the Supreme Court as an institution, and of the justices’ security, are patently federal matters over which federal law enforcement has clear jurisdiction. It is inexcusable that the Justice Department is so silent and passive now, when it was loud and active over a manufactured controversy as to which it had no jurisdiction," he added.
Even the Washington Post editorial board, which is by no means conservative, suggested the Justice Department take action.
Referring to 18 U.S.C. §1507, the board wrote on Monday, "These are limited and justifiable restraints on where and how people exercise the right to assembly. Citizens should voluntarily abide by them, in letter and spirit. If not, the relevant governments should take appropriate action."
White House press secretary Jen Psaki was asked Monday about protesters violating a Virginia law that prohibits residential picketing.
After initially refusing to condemn the residential protests last week, Psaki struck a more neutral chord, explaining the White House condemns violence and intimidation. She also said president does not support protests that violate the law.