Did The Biden Administration Commit to a Knowingly Unconstitutional Act? New Evidence Surfaces on the Farm Debt Relief Provision

We have been discussing a growing list of losses of the Biden Administration in court, a record that began soon after inauguration. Most concerning is the litigation of legal claims that most legal experts viewed as unsustainable given recent Supreme Court precedent. In one such case on the eviction moratorium, President Biden admitted that his own White House counsel and their favorite legal experts all told him that the moratorium would clearly fail but he listened to Professor Laurence Tribe at the urging of Speaker Nancy Pelosi.  Despite the pledge to return to a respect for the “rule of law,” Biden openly suggested that they could use the litigation to get as much money out of the door as possible before being barred by the courts. They lost as many of us predicted. Now however there is a new email that suggests that the Biden Administration may have pushed another program that it viewed as presumptively unconstitutional under controlling precedent: the exclusion of white farmers under the debt relief program during the pandemic.

As we discussed earlier, the exclusion has been struck down by judges in various states as racially discriminatory. However, now a document has surfaced as part of discovery by the Bader Family Foundation in its lawsuit against the Agriculture Department. The June 2 email from Lawrence Lucas of Justice for Black Farmers Group ends with an intriguing statement “Please remember it was the Biden/Harris transition team that you headed up that told us that debt relief for Black farmers was ‘unconstitutional.'” That agriculture transition team was headed by now Agriculture Secretary Tom Vilsack.

However, Vilsack then proceeded to add the provision to the law while critics were denounced as effective racists. He claimed that the racial preference was “one of the most significant pieces of civil rights legislation in decades.” The media also heralded the legislation without even addressing the obvious constitutional concerns over its racial classifications. Federal courts later declared it as racial discrimination.

The legislation included a loan-forgiveness program for farmers and ranchers under Section 1005 of the American Rescue Plan Act of 2021 (ARPA). The program pays up to 120% of direct or guaranteed farm loan balances for Black, American Indian, Hispanic, Asian American or Pacific Islander farmers.

As part of the ARPA, Congress appropriated “such sums as may be necessary” to pay for the cost of loan modifications and payments to “socially disadvantaged” farmers and ranchers. § 1005(a)(1). The term “socially disadvantaged farmer or rancher” is defined under 7 U.S.C. § 2279(a). § 1005(b)(3) as a farmer or rancher who is a member of a “socially disadvantaged group.” § 2279(a)(5).

“Socially disadvantaged group” is then defined as “a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities.” § 2279(a)(6).

The Biden Administration defines “socially disadvantaged farmer or rancher” to include individuals “who are one or more of the following: Black/African American, American Indian, Alaskan native, Hispanic/Latino, Asian, or Pacific Islander.” American Rescue Plan Debt Payments, U.S. DEPARTMENT OF AGRICULTURE, available at https://www.farmers.gov /americanrescueplan.

The lawsuit was previously criticized as baseless or, as NBC reported, part of a “war against equity” by Trump supporters.

Nevertheless, the court found that the program was unambiguously discriminatory since “the only consideration in determining whether a farmer or rancher’s loans should be completely forgiven is the person’s race or national origin.” As such, “Plaintiffs are excluded from the program based on their race and are thus experiencing discrimination at the hands of their government.”

A federal judge in Wisconsin found on the required compelling interest that the Administration failed to state a case:

Here, Defendants lack a compelling interest for the racial classifications. Defendants assert that ‘Congress targeted the debt payments in Section 1005 to the minority groups that it determined had suffered discrimination in the USDA programs and that had been largely left out of recent agricultural funding and pandemic relief.’ But Defendants have not established that the loan-forgiveness program targets a specific episode of past or present discrimination. Defendants point to statistical and anecdotal evidence of a history of discrimination within the agricultural industry. But Defendants cannot rely on a ‘generalized assertion that there has been past discrimination in an entire industry’ to establish a compelling interest. J.A. Croson Co., 488 U.S. at 498; see also Parents Involved, 551 U.S. at 731 (plurality opinion) (‘remedying past societal discrimination does not justify race-conscious government action’). Defendants’ evidence of more recent discrimination includes assertions that the vast majority of funding from more recent agriculture subsidies and pandemic relief efforts did not reach minority farmers and statistical disparities.

According to this email, that may also have been the conclusion of the Biden transition team before the Administration introduced the provision and declared it to be “one of the most significant pieces of civil rights legislation in decades.”

 

101 thoughts on “Did The Biden Administration Commit to a Knowingly Unconstitutional Act? New Evidence Surfaces on the Farm Debt Relief Provision”

  1. Turley – who had no problem with Trump’s Muslim immigrant ban – acts like SC decisions aren’t illegitimate, when 5 of the GOP justices were appointed by Presidents who American voters rejected, while one seat was literally stolen from a twice elected President by a GOP Senate majority who refused their constitutional responsibility to “advise and consent” – it’s not optional, and doing nothing does not constitute their duty – while ramrodding another justice through 2 weeks before the president who appointed her lost the election.

    Why should we consider any ruling this majority passes as worthy of respect or as precedent. Perhaps this is over Turley’s head, or just too embarrassing as he has never addressed Garland’s stonewalling, Barret’s ramrodding, or the corrosive effect of having most SC judges not representing the will of a majority of American citizens.

    1. Another butt-hurt lib I see! lol. UFirst of all, ‘SC’ is state,.. you mean ‘SCOTUS’. And no, their decisions aren’t illegitimate, they are ALWAYS legitimate whether you agree with them or not. Of course you see every decision through the bias lens of a typical liberal and don’t understand the legal and constitutional aspects, in other words you a ignorant, as most toe-the-line libs are.. And no, nobody “stole” a seat, lol. I can assures you, because I DO understand how the process works, nothing was stolen and everything was done by the book and lawfully. No constitutional scholar or legal expert would seriously argue otherwise.

    2. Eric Garland lacked support of a majority of the Senate. He could not be confirmed, so there was no need for hearings or a vote. Garland’s unconstitutional actions since his appointment as AG prove the Senate correct.

      1. Allyn, to the contrary Garland had majority support which was partly why Obama nominated him – he breezed through his earlier confirmation as a district judge with wide bipartisan support, including favorable comments from many GOP senators. In any case, the senate can not pass or advise against a nominee unless they meet, and they didn’t. As in the case of the woman Bush wanted to nominate, Obama was not advised to replace him for lack of support before a hearing because that wasn’t the problem, or the point. There wasn’t going to be a hearing.

        The point was to steal a nomination from a twice elected American President, i.e., from the American people. This is an undeniable fact as is the fact that we now have 5 SC judges appointed by presidential losers rejected by voters, and 2 of them were either handed stolen seats, or rushed through at the last moment before their nominator was shown the door by voters.

        This court is illegitimate and warrants no respect for any decisions which rely on this group for it’s majority.

    3. Dear Quarantined, In 2016 Chuck Schumer said that a Supreme Court nomination “should” go forward in the last year of Obama’s administration. In 2020 Chuck said that a Supreme Court nomination “should not” go forward in the last year of Trump’s administration. https://www.politifact.com/factchecks/2020/sep/22/charles-schumer/chuck-schumer-flip-flops-considering-supreme-court/. Biden also in1992 said that a new Supreme Court appointment should be put off until after the election. Biden had no problem trying to get Garland on the court in an election year. https://www.politifact.com/article/2016/mar/17/context-biden-rule-supreme-court-nominations/. Dear Quarantined, surely as a person of high intelligence you can see the Biden and Schumer contradiction. Then again, maybe you should get out away from the Tribe (as in Lawrence) more often.

  2. Let me see if I have this right: Turley, on the payroll of the Trump/Fox Network, is complaining about the Biden Administration engaging in unconstitutional acts? Are you joking? No. You’re just doing what you’ve been paid to do–sell your credentials to prop up the Republican/Trump party and to attack the Biden Adminisration.

    1. When Natacha has no cognizant argument to Professor Turley’s argument she always falls back on the Turley Fox canard. It gets very tiresome countering this argument but here I must go again. From Wikipedia. “His articles on legal and policy issues have appeared in national publications; he has had articles published in The New York Times,[10] The Washington Post,[11] USA Today,[12] the Los Angeles Times,[7] and the Wall Street Journal.[13] He frequently appears in the national media as a commentator on a multitude of subjects[14][15] ranging from the 2000 U.S. presidential election controversy to the Terri Schiavo case in 2005.[16] He often is a guest on Sunday talk shows,[14] with more than two-dozen appearances on Meet the Press, ABC This Week, Face the Nation, and Fox News Sunday. He served as a contributor on Countdown with Keith Olbermann from 2003 until 2011 on MSNBC, and later on Current TV[17] in 2011 and early 2012; Turley also appears occasionally on Pacifica Radio’s Democracy Now!.[18]”. I guess appearing on countdown with Keith Olbermann and Democracy now qualifies the good Professor as a right wing shill. Another pronouncement from a weak sister offering a weak argument.

  3. As a White, I’m being continually discriminated against. Why am I excluded from this giveaway?

  4. Diversity [dogma] (i.e. color judgment), inequity, and exclusion… is a first-order forcing of [catastrophic] [anthropogenic] [social/political] climate change.

  5. Our elected leaders are supposed to represent all Americans. Not show preference or bias for one race over another.

    We should help struggling students, regardless of their skin color.

    We should help struggling farmers, regardless of their skin color.

    We should help the poor, regardless of their skin color.

    But that’s not what the Left does. It shows racial preferences, and pits one group against another. Someone is either deserving, or undeserving, of help based on their skin color. It doesn’t matter if their ancestors were black slavers who were never enslaved, and who emigrated here in the past 50 years, or if they were impoverished Irish who suffered terribly, and never owned slaves. Virtue and guilt are skin deep.

    The inherent racism in the Leftism that has infested the modern Democratic Party is appalling.

    1. Karen: why do you spend so much time posting? No one takes your “anti-Left/anti-Democratic Party” blather seriously. You want to talk about racism? The hero you keep defending called brown people “murderers, racists, criminals and vermin”. THAT’s racism.

      You aren’t qualified by virtue of education or skill to comment on politics. All you do is repeat the crap you heard on Fox.

      1. Natacha, this obsession you have about me is unhealthy. Trump did not call all Latinos criminals; he objected to criminals illegally immigrating here. Because that’s what happens with open borders. You don’t get to do background checks.

        You appear to be in some denial about the sex trafficking, drug running, gun running, and other criminal activity that has free reign thanks to Democrat open borders.

        In fact, it’s curious how often Democrat policies promote criminal behavior. Major Democrat run cities have faced an overwhelming increase in crime, including murder, while at the same time cops quit, transfer, and retire in records numbers. All that pro-criminal, anti-cop rhetoric has consequences. Yet again, the very communities Democrats claimed to want to help are worse off.

        Before you claim there isn’t a problem with criminals exploiting open borders why don’t you take a few minutes from trolling and fantasizing about me to go look it up?

        1. Karen, as surely you must know, illegal immigrants have lower crime rates than native Americans, so the “problem” is not obvious. If it were, the solution would be lowering our crime rate by bringing in more illegals.

          As to “problems” justifying actions seen as discriminatory or otherwise unconstitutional – with this illegitimate SC, how can you tell? – there are problems with evictions while the Covid pandemic continues – thanks unvaccinated idiots! – and black farmers, usually on land in their families since Reconstruction, struggle disproportionally. In one case, you justify action due to a “problem” while decrying it with other proven “problems”.

          1. Quarantined, first of all your point that illegals have a lower crime rate is unproven and demonstrably false and secondly why should be put up with ANY CRIMINAL ACTIVITY by an illegal? If illegals commit 95% of the crime that citizens commit then why the heck are they here? Any illegal that commits a crime should be deported unless the crime is rape or murder and if it is they should just be tried and if convicted sent to prison…and then deported. Only a liberal like Quarantined would think arguing that illegals don’t commit too many crimes is a good debating point.

            1. hullbooby, putting aside the fact that we should all want immigration to be done legally, if humans were either criminals or worthless, you’d have a point. They aren’t and as a matter of fact most of those humans – including illegal immigrants – not criminally active are productive members of society creating wealth and value for society. Given these positive contributions, those populations with lower criminal activities – like illegal immigrants – are net positive contributors to America.

              By the way, here’s one of many stidies confirming the lower crime rate among illegal immigrants as compared to native born Americans. There are others.

              Undocumented immigrants far less likely to commit crimes in U.S. than citizens

                1. Let’s address the oft repeated slogan that illegal immigrants commit less crimes.

                  First of all, you can only analyze date you actually collect.

                  1. Identity theft (https://thepoliticalinsider.com/illegal-immigrants-social-security/) Identity theft by illegal immigrants is completely rampant. Obama addressed it by simply instructing the IRS to ignore it. He even directed the IRS to stop sending letters notifying employers of SSN mismatch.
                  2. A great many illegal aliens work under the table. This is tax evasion. Since they aren’t reporting their income, it’s very difficult to calculate exact numbers. Out here in CA, illegal aliens have taken over entire industries, including housecleaning, barn chores, and landscaping services. Most of them get paid in cash.
                  3. Driving without a license or without insurance, which are crimes. It was so rampant in CA that the deep blue state simply stopped prosecuting people for driving without a license, and they allowed illegal aliens to buy less expensive car insurance with less coverage than legal residents and citizens are allowed to buy.
                  4. Government Accountability Office Report estimates we spend over $1.5 billion annually to house illegal immigrants in jails and prisons, half of which are there for drug offenses. https://www.gao.gov/assets/gao-11-187.pdf

                2. 5. Illegal alien criminal activity often includes student visa overstays. Those are the illegal aliens who keep under the radar. To get an accurate view of illegal activity, illegal immigrants need to be separated by type, visa overstay, borer crossing, etc.
                  6. Gangs comprised mainly of illegal aliens that run sex trafficking, drugs and guns.

                  “It is in cities like Winston-Salem, as well as smaller communities, that the presence of criminals who have illegally entered the country is most keenly felt. In many cases, such elements come together to form classic street gangs, staking out territories and dedicating themselves to controlling the local drug trade. In most cases, the drug trade is the engine that drives other criminal activity, particularly property crimes and robberies, as addicts who are unable to keep steady employment choose a life of petty crime to finance their drug addiction.
                  Recognizing the expanding threat from Hispanic street gangs, as well as the fact that they are largely composed of illegal aliens, the U.S. Immigrations and Customs Enforcement [ICE] launched Operation Community Shield in February 2005 as a comprehensive initiative to disrupt and dismantle transnational, violent street gangs.” https://www.govinfo.gov/content/pkg/CHRG-109hhrg30529/html/CHRG-109hhrg30529.htm

                  7. Open borders are associated with child sex trafficking and adult sex trafficking. Look it up.

                  8. As soon as Biden took office, the coyotes were going around villages, collecting unaccompanied kids. That’s the ticket to skip the immigration process. Give your child to a drug cartel member for thousands of dollars, and hope this criminal won’t assault, kill, or abandon them. If they do make it, traumatized, to our border, then they can send for the parents. This immigration loophole has led to the sexual assault, neglect, murder, abandonment, and death of way too many children. This open boarders policy is killing people, and I’m not just talking about the incredible increase in Covid numbers that resulted from letting sick people cross our border and wander around the country.

              1. Quarantined, I’ll provide you a rebuttal to that propaganda piece about illegal aliens not committing crimes in a moment.

                In the meantime, please make the argument why we should allow any illegal immigration, instead of requiring all immigration to go through legal channels, in which we control the quantity to a level that our benefits and housing can absorb, we vet them, do background checks, test for terrorist ties, etc. Please try to convince us why illegal immigration should ever be allowed. Some of them are great people is no reason, as they could go through the legal process. It’s cheaper is not a reason, since people pay on average $15,000 to drug cartels to be smuggled across the border, instead of paying a few hundred dollars to legally immigrate. Plus, illegal immigration funnels absolutely massive amounts of money into drug cartels.

                Please also explain why flooding the market with entry level unskilled job seekers, many of them sick with Covid, is a smart idea when so many people are out of work, and we have so many poor already who need that first step on the work ladder.

                1. Karen, Some ammo for the vaccination supporters….Ireland: Two Counties With 99.7% And 98%+ ‘Fully Vaccinated’ See Massive Covid ‘Outbreaks

          2. Quarantined, just because you dislike the SCOTUS, does not make it legitimate. Spreading this misinformation in order to excuse a power grab to expand the Supreme Court in order to pack it is unethical.

            As Turley explained before, it was within the Senate’s authority to hear, or not hear, Merrick Garland’s nomination. Democrats have similarly stymied Republican nominations over the years. Democrats just pretended this was a totally unheard of phenomenon.

            Under George H W Bush alone, Democrats blocked 10 federal appellate nominations. When they were in control, they refused to give any hearings or have any votes. Sam Alito, Jr barely managed to scrape through to the Supreme Court, with Senators Obama, Biden, Clinton, Schumer, and Reid using the supposedly racist filibuster. This idea that this was an unheard of abuse of power is utter nonsense, propagated by a lazy media.

            https://jonathanturley.org/2021/09/06/did-the-biden-administration-commit-to-a-knowingly-unconstitutional-act-new-evidence-surfaces-on-the-presumed-invalidity-of-the-farm-debt-relief-provision/comment-page-1/#comments

            You said that black farmers struggle disproportionately, but you did not provide any supporting documentation. Please explain, if you have two individual farmers, both struggle, both about to go out of business forever, why only the black farmer deserves relief? Let’s say the white farmer descended from Irish immigrants who came here with the Potato Famine, faced intense bigotry, were forced to live in slums, and no one in his ancestral line ever owned a slave, white, black, or otherwise, for the entirety of their time on American soil. And let’s say the black farmer descended from people who immigrated here after the abolition of slavery, and were never enslaved. Why punish the white farmer because of his skin color?

            It always comes down to racist judging on the Left. Your worthiness is decided based on immutable characteristics like skin color. Judging people on the content of their character rather than the color of their skin is ludicrously called white supremacy. This racism is very off-putting.

            Injustice against innocent people does not even any scores.

            White liberals secure in their own jobs, working from home during the pandemic, or otherwise enjoying financial security, are often quite bold in declaring that other people should be punished for crimes they did not commit. They are eager to right history’s wrongs by taking it out on innocent people, as long as it’s not them. But as soon as it’s suggested that all white actors, actresses, producers, politicians, CEOs, and any other lucrative job should immediately lose those jobs, to be given as reparations to a BIPOC, they have nothing to say. They think if they agitate to harm others, perhaps people will ignore their own skin color. Let’s see them change their tune if they’re told they won’t be eligible for Covid relief checks, PPP loans, EIDL grants, extended Covid unemployment benefits, a good paying job they earned from studying hard and going to college.

            If it were you going under, about to lose your business and become impoverished, and the only thing between you and government Covid relief checks is that you’re the wrong color, would you be pleased? Everyone else would be getting relief through myriad programs, but not you. You’re a farmer, and not entitled to relief because your ancestors were too pale.

            Honestly, the Left seems so gleeful at the suffering they cause.

            Also, let’s discuss “unvaccinated idiots.” A vaccine mimics an infection, in order to produce immunity. Therefore, recovering from Covid infection yields immunity equal to or greater than the vaccine. In fact, in one study, such naturally acquired immunity recognized 56 binding sites in addition to the spike (s) protein. It’s not the vaccination status, but rather the immunity status, that is relevant to herd immunity. Pretending that someone who has acquired immunity is somehow irresponsible, or inferior to a vaccinated person is ludicrous.

            In addition, according to an Israeli study, which I can find for you if you like, the vaccine only prevents 39% of the Delta variant infection. It lessens the severity of infection, but you’re still just as contagious as anyone else who has Covid. Therefore vaccinated people are walking around spreading it, too.

            Of more concern is the mu variant, out of Columbia. Initial reports is that it escapes immunity entirely, Unfortunately, it’s been detected in 49 states. More study is needed, and it’s fairly new. If this turns out to be true, then vaccinated people would spread it just fine.

            Speaking of idiots, perhaps it was not the most intelligent move to throw open our borders and allow over 1 million illegal aliens, many of them sick with a range of variants, into our country, and then dispersed. Doesn’t seem like a smart thing to do. New Zealand went the other way, slammed shut its border with a ringing clang, and they’ve only suffered around 27 deaths this entire pandemic. But there the Democrats go, like loons, claiming the massive unrestrained illegal immigration is the best idea ever.

  6. Regular unconstitutional acts is beginning to look like a trend with them.

    Maybe we can’t all agree on politics, but perhaps the reason why conservatives have fought against Leftists gaining control will become more clear.

    1. Karen: you are NOT a conservative. No matter how many times you hear on Fox that it’s the “Left vs. Conservatives”, it’s not true. Stop calling yourself a “conservative”. Conservatives do not want you Trumpsters because the person whom you defend as a disciple is a liar, a misogynist, is not patriotic, he insults war heroes like John McCain, calls service members “suckers”, he doesn’t pay his valid debts, he is a womanizer and racist. Conservatives are opposed to these sorts of things.

      1. Natacha, you need to do something about these delusions you have about me. Thinking you know better than I do what I think, repeatedly lying about my education…it’s obsessive, delusional, and irrational. Weird people like you are why I post under an avatar to keep you from showing up at my house with either flowers or a machete.

        1. Karen S

          Natacha seems to obsess just about equally between you and Trump.

          The only thing clear is that her obsessions are both ugly and unhealthy.

          I noticed Natacha because of the stridency of her postings, but mostly now just jump past when I see her name.

          None of us should wallow in her cesspool.

        2. Karen: you give yourself away every time you write something. You claim to be college-educated. The reason I don’t believe this is because you’ve never said what type of degree you allegedly hold, but also how poor your writing and reasoning skills are. The big give-away is when you tried to claim that a “professor” told the class that he was lamenting that he had to pass minority students who didn’t make the grade. No college instructor would ever do this. You also criticize what colleges teach, because this is a discipleship technique employed by the alt-right–it’s one way they get disciples like you to disbelieve what physicians, scientists and others who are qualified to offer opinions on matters of public interest: colleges are full of left-wing liberal Democrats. You’ve repeated this theme many times. That’s how they get you disciples to believe that masks aren’t necessary and are dangerous, that vaccines aren’t safe, that horse de-wormer is preferable that Hydroxychloroquine prevents and treats COVID, but doctors are denying this treatment for selfish or financial reasons. You also fell for the Trump crap. Trump disciples are almost exclusively not college-educated.

          I watch Fox and other alt-right to try to understand people like you, and you almost without fail repeat exactly what Hannity or Laura Ingraham said the evening before. Now, because I objectively criticize you and question your education, you call me “weird” and imply that I am dangerous and a threat to you. Do you realize how paranoid this makes you sound?

          1. “how poor your writing and reasoning skills are. “

            Natacha, you only wish you had the writing and reasoning skills of Karen. If you did people would listen to what you say, but at the present most think what you have to say is nonsense, that can only come from an uneducated street person.

          2. Natacha:

            The professor in question, with whom I was friends, told me, not the entire class, that affirmative action made him have to teach the class simultaneously to two different groups in the same lecture hall, those of any race who got there on merit, and those who got there by Affirmative Action and were totally and completely lost. He actually didn’t pass anyone who didn’t “make the grade.” They flunked. Hence the lament about how pointless it is to give up spots to AA when it led to low graduation rates for those involved. Do you not read about this issue at all? A professor was just in the news a few months ago for making a similar lamentation about poor student performance when the bar was lowered.

            You lied and claimed that the professor made an announcement in front of the entire class. I never said that, and told you so repeatedly. You have no argument, so you lie. Why you would even make up such a thing is going on the pile of Natacha irrationalities.

            I do not disclose personal identifying information about myself, including my alma matter. You are not entitled to know my business, because you’d probably show up on my doorstep screaming hysterically. If you think that my wanting people like you to stay far, far away from my home is paranoid, then you clearly have no comprehension about what your fretful, irrational, personal obsession with me communicates.

            I am curious as to why you would think the quality of writing in a blog post comment is some indicator of their knowledge of any field of science. Science and the arts are polar opposites. While I do enjoy both, it’s rare. The technical writing of a published paper is dry and formulaic; it’s not prose. I would ask you to explain your reasoning, but as there is none involved, it’s pointless.

            Truely, you have a dizzying intellect.

            https://youtu.be/z9TRMQwMNnY

        3. Karen S,
          Well said.
          There appears to be a number of people who post here on a regular basis with clear signs and symptoms of TDS.
          These people should be required to see a whole team of mental health professionals, medicated, not allowed to operate heavy machinery, own real estate, reproduce, or vote.

          1. You question the mental health of people who criticize the fat narcississtic fop you Trumpster disciples worship? A person who lies constantly, who is notorious for cheating in business, an admitted womanizer who cheated his way into the White House, who decimated the successful economy inherited from our first black President (who didn’t cheat to get into office), who lied about and downplayed a pandemic, resulting in unnecessary deaths and suffering, who never kept any campaign promises (“Mexico will pay to build the wall”; “I’ll end the war in Afghanistan), who never broke 50% approval rating, who was predicted by every poll to lose re-election, and when he did lose, went on a “Stop the Steal” campaign of lying, after being unable to bully election officials to actually steal Biden votes and losing dozens of court challenges. Then, he fomented an insurrection to try to prevent Biden from taking office, and continues lying every single day. Now, he’s trying to leverage the crisis in Afghanistan he created by drawing down troops from 14,000 to 2,500 and releasing 5,000 Taliban prisoners before everyone got out, And not only do you buy this garbage–you accuse people who call out this outrageous conduct of being mentally ill.

            You can’t even see the narcissism of Trump staring you in the face. Why do you think he was so laser-focused on Arizona? Even if he could reverse the vote totals, which he can’t, he still couldn’t win. The reason is because John McCain voted against striking down Obamacare. Trump wanted to prove that Arizonans loved him more than McCain, and losing Arizona scuttled this, but he won’t give up and Republicans coddle his ridiculous denial–but you disciples don’t see the malignant narcissism as the reason for his obsession with Arizona, nor do you perceive how dangerous this narcissism can be. Why do Republicans coddle this person? It’s all they have.

            You can’t see that the steps Republicans are taking to keep the pandemic going are politically-motivated to try to hamstring Biden’s presidency. You can’t see and don’t believe the fact that Republicans continue losing the support of the majority of the American people and that Republicans know that keeping the pandemic going will slow down economic recovery, all to provide them with talking points. How else to explain DeSantis ignoring the COVID numbers and deaths, going so far as to financially punish school districts that want to follow reasonable and proven public health measures like wearing masks?

            1. You keep going on about Republicans trying to hamstring Biden or hurt Biden or blah blah freakin’ blah AS IF you don’t understand how nastily Democrats play the game?

              Did you hear Mitch McConnell say Biden would not be impeached or removed from office? Over HIS phone call? Over HIS impeachable offenses? Biden, unlike Trump, SHOULD be impeached. But he won’t be. No matter what else he does. It’s disgusting what Democrats get away with.

              My god you are tiresome.

            2. Cite one or two reputable peer reviewed scientific studies that PROVE wearing masks does anything to protect anyone from anything.

              You can’t.

              It’s all about being complicit. Don’t be complicit, people.

        4. It’s your name, Karen. Natacha is triggered by the name “Karen” because she is one. Get it?

  7. Here is the rub as noted that the admin under senile baizou biden has deliberately propped up these unconstitutional forays in order to deplete the treasury. So on purpose and just to launder $$$$ buy votes…nothing more , nothing less. When you see the tiny percentages of the disbursement of these “eviction protection funds” alone you should be very concerned about this failed adventure. But then again it was designed to knowing the courts would shut off the flow of cash at some point. But ah yes the cash already out the door is gone..laundered and to the hacks !.

  8. @Turley…
    Wouldn’t these actions… be considered ‘high crimes and misdemeanors’?

    The interesting thing here.
    If you read the Wikipedia entry… the attacks on Trump aka the impeachments… would mean Pelosi and others in Congress who pushed for impeachment could be guilty of committing ‘high crimes and misdemeanors’ since the purpose of going after Trump was to make it so he couldn’t run for re-election in 2024.

    -G

  9. Biden seems to be getting legal advice from “Holiday Inn Express” experts. He should have consulted with Captain Obvious first.

  10. Did Jonathan Turley shoot the sheriff? I don’t know. But let’s ask the question anyway. Professor, you are so disappointing.

    1. Professor, you are so disappointing.

      Sound, legal reasoning has a way of disappointing those that have no respect for the rule of law.

      1. So the crowd of January 6th had nothing but respect for the rule of law and sound legal reasoning?

        1. The vast majority of them, yes. Crowd estimates range from 10,000 to 50,000 and less than 550 of those people have been accused of any crimes, and most of who were are charged with “trespassing” and the like.

    1. Biden is doing this all on his own by listening to morons like Tribe and the rest of the authoritarian woke buffoons.

  11. We have been discussing a growing list of losses of the Biden Administration in court, a record that began soon after inauguration.

    It’s not just court losses. There is also voter regret including 1 in 5 Democrats. Maybe Biden should mention Beau more often?

    As for the poll, when we drill down and look at the demographics of the surveyed voters, some very important groups, who normally lean left and Democrat, were even more regretful about voting for the president in 2020. For example, younger voters aged 18-29 (27% yes/67% no/6% not sure) and middle aged voters aged 30-49 (30% yes/67% no/4% not sure) were much more likely to regret voting for Biden than older voters aged 50-64 (10% yes/87% no/3% not sure) and 65+ (6% yes/91% no/3% not sure). Regarding politics, nearly three in ten Republicans (29% yes/65% no/7% not sure) regretted voting for Biden, while one-fifth of Democrats (21% yes/77% no/3% not sure) also regretted voting for Joe Biden.

    https://zogbyanalytics.com/news/1035-the-zogby-poll-one-fifth-of-likely-voters-and-democrats-regret-voting-for-biden

  12. Turley, thank you so much for reaching out to expose discrimination in the Ag space after you did likewise in the trump bailouts of the grain industry that so suffered from his tariff taxes against the Chinese. That aid was rife with discrimination against farmers of color and your bold coverage of that fact was just groundbreaking….

    Oh wait…you never wrote about that???

    My bad. Never mind.

    eb

    1. To consider your argument, can you post a reference to a verified source that identifies the acts of discrimination?

      1. @Paul,
        Perhaps you can’t read or fail to understand that on the surface… any white farmer who was not bailed out and denied relief was discriminated?
        You can always google for cases if you wanted.

        Your TDS is strong.

    2. Was there a lawsuit brought? You don’t just get to say something is illegal because in your little head it is. The courts get to decide if it’s illegal.

  13. “The lawsuit was previously criticized as baseless or, as NBC reported, part of a “war against equity” by Trump supporters.”

    In the law, equity has two components: an equitable action not only is fair but it also is impartial. This unfair and biased government program is based on the racist premise– in which which Biden and hordes of democrats truly believe– that “socially disadvantaged groups,” especially blacks, simply are incapable of competing with whites in spite of sixty years of equality under the law. Of course, the premise is false but as long as blacks and other minorities vote for democrats real equity does not stand a chance.

  14. (OT)

    August jobs report: 235,000 new jobs — versus an expectation of 720,000 new jobs.

    The Biden administration is reaching its goal: Make America weak again.

    Cue the blame Trump, Covid, Bugs Bunny in 3, 2, 1 . . .

    1. OK, Sam: the REASON the jobs haven’t reached the potential they SHOULD have is due to Trump and Republicans who not only fail to encourage vaccination and wearing, but Republican Governors, like DeSantis, try to outlaw wearing masks, especially in schools. COVID is surging, especially in low-vaccination rate red states. The economy won’t fully recover until COVID is brought under control. COVID won’t be brought under control until there is herd immunity. There won’t be herd immunity until or unless 70-80% of Americans are vaccinated. The faithful disciples will NOT get vaccinated, but prefer to let children get sick, and some of them die, and to spread the virus because they have been indoctrinated to believe that the vaccines are neither safe nor effective, they will not believe the FDA, the WHO or the CDC because Trump told them not to because they contradicted him publicly and made him look the the dumbass he is. The reason Trump has done these things is to try to derail Biden’s presidency. It is deliberate and immoral. Yes, Trump and Republicans are to blame.

      If this isn’t true, then YOU explain the reason. Wait. Didn’t Hannity cover the reason, or did he do the usual preaching to you disciples: the problems with the Afghanistan withdrawal are ALL Biden’s fault, even though Trump drew down troops from 14,000 to 2,500 and released 5,000 Taliban prisoners who then took up arms against the Afghan army. Biden was stuck with either evacuating or continuing the war for another 20 years. According to Hannity, the economy is ALL Biden’s fault, even though every reliable economist will tell you that until or unless COVID is under control, the economy will not fully recover. The reasons COVID is not under control is largely due to Republicans doing everything possible to undermine public health measures, like mask-wearing and mandatory vaccination. They really don’t care how many people will get sick or die. They don’t care about the long-term consequences of COVID.

      But, being the faithful disciple you are and being fully indoctrinated into refusing to believe the truth about Trump, you ignore reality, you ignore the fact that Trump is responsible for setting the stage for problems in Afghanistan by the piss poor agreement he cut with the Taliban, and they are milking, milking, milking the crisis for every political point they can. Dopes like you buy it, hook, line and sinker.

      1. “Dopes like you buy it . . .”

        If you’re trying to encourage a reply to your substantive points, I don’t think that’s an effective way to do it.

        1. Yeah, you’re right. I shouldn’t call people names, so I apologize. But, do you have a fact-based substantive response to the points I raised?

          1. “. . . so I apologize.”

            Thank you.

            “. . . a fact-based substantive response . . .”

            That the Biden administration has. or is threatening to enact, four domestic policies that are harmful to production (and thus to the creation of new jobs):

            1. Severely hampering the energy industry via regulations and via removing federal property from energy production. As a result, energy prices are skyrocketing (and not just at the pumps). When people spend more on gas, they have less to spend on other products (e.g., clothing). That drop in demand causes businesses to scale back production and hiring. In addition, as businesses spend more on energy, the have less money to spend on R&D and job expansion. Energy is fundamental to the entire economy. When you fell a tree, its branches follow.

            2. Profligate spending (and the threat of more) floods the financial market with fiat money. That causes inflation, which is in fact an insidious tax. More money spent on X (because of inflation) causes there to be less money to spend on demand and on production. When the government debases money, it debases the entire economy.

            3. The threat of higher taxes. Businesses (especially those that create a lot of jobs) are future planners. If there’s a probability that taxes will be higher, they have to plan their capital allocation accordingly.

            4. A massive increase in the amount and time for unemployment. That, of course, destroys the incentive to find a job. The result can be seen in countless local grocery stores, restaurants, delis: They are short-handed, and have to curtail their services, hours, expansion plans. You can’t expand, and you can’t create new jobs, if your prospects of hiring are dim.

            Is Covid contributing to this weak economy? (*Covid* — as opposed to the statist policies that use Covid as a rationalization.) I don’t know. I’ve yet to see a good argument for that cause and effect. What I do know for certain is that the statist policies I mentioned above, have always caused, and are now causing, an economy to crater.

            1. 1. Trump de-regulated the energy industry and opened up pristine public lands for gas production, over the objections of anyone who loves nature, including Turley, who actually wrote against this. Republicans always want to de-regulate everything. Those pesky rules about air and water pollution cost money. Gas prices have always fluctuated for a variety of reasons, but de-regulation isn’t one of the reasons. Republicans always want to try to convince ordinary Americans that helping the wealthy oil and gas companies increase their already massive profits is good for them, too. Not true.

              2. Trump had more profligate spending than any prior president when you consider the tax cuts that mostly benefitted the uber-wealthy and corporations. The largest and wealthiest corporations and the ultra-wealthy pay NO taxes at all, which is wrong. Biden has proposed that the wealthy pay their fair share of taxes, and if they do so, the infrastructure package he proposes will pay for itself. Another Republican talking point is that causing the wealthy to pay their fair share of taxes will hurt jobs, will hurt the economy, and so forth. This is “trickle-down” economics, going back to at least Reagan’s time. Doesn’t work–never did.

              3. See #2.

              4. Another Republican talking point: unemployment benefits are creating a dis-incentive to getting jobs. Not true. There are lots of reasons why there are so many open positions, many of which are dead-end, no-benefits, minimum-wage jobs, especially in grocery stores, restaurants, etc., and many of which must be done on the worker’s feet all day and exposing them to COVID. Lack of child care and the fact that so many schools are now reverting to online learning thanks to Republicans for continuing the pandemic for political reasons, makes it impossible for many parents to be able to work. An experiment was done at a place that couldn’t attract workers in which the starting salary was upped to $15 per hour–guess what? No shortage of qualified employees.

              COVID is killing the economy. If what you argue is true, then riddle me this: why did the economy tank under Trump before these “statist” policies went into effect?

              1. “COVID is killing the economy.”

                You’re trying to blame the nature-given (Covid) for the man-made — the statist policies (e.g., lockdowns and shutdowns) of governors and mayors.

      2. DeSantis did not outlaw mask wearing. The reason no one can listen to you not matter which side of the aisle you are on is that you make so many false statements. It’s embarrassing for anyone to repeat most of the things you say.

        1. Not only did he outlaw it, he is trying to take funding away from schools that require students and staff to wear masks. Look it up.

      3. Here’s a fact: the vaccines are neither safe nor effective.

        Vaccines innoculate against disease, correct? If not one, or two, or even three Covid “vaccines” do NOT prevent one from getting infected, or transmitting infection to others, then how on earth can you call it a “vaccine” let alone an “effective” vaccine?

        You cannot.

      4. As Democrat Rahm Emanuel always says, “Never let a good crisis go to waste.” Republicans are not hammering Biden relentlessly enough. Hammer away. And do not let up. Biden is headed straight for the iceberg. Just a matter of time before his sinking ship takes on too much water to stay afloat.

        Barry O. is quoted as saying, “never understimate Joe’s ability to F things up.” Barry O also said during the Dem primary — the one person running for president who doesn’t have “it” is Joe Biden.

        Now the entire world can see Barack Obama was absolutely telling the truth. Biden is a disaster as president.

        Biden takes responsibility for nothing. He blames Trump for everything gone wrong. Takes credit for everything gone right IN SPITE of his idiocy. What has Biden done right? Or well? NOTHING. Absolutely nothing.

      5. There is a cartoon with two lab rats. One lab rat asks the other, “Have you gotten the Covid vaccine yet?” The other lab rat says, “No, they haven’t finished testing it on humans yet.”

        Funny because it is absolutely true. And here we are, the entire world population is being experiemented upon with an illegal experimental genetic therapy called a “vaccine” — which it is not.

  15. We need to get it straight. Those at the front leading the Democratic Party are fascists. They do not care about the Constitution. They want power, and they are using it illegally.

      1. Anonymous, why not just make a case for why you think the Left does not have Fascist traits? Or is it because you can’t?

        A lot of us conservatives think that they do. It always comes down to force, and the constitution doesn’t seem to stop them.

        Fascists weaken individual rights and strengthen the government, all for the “greater good.” Instead of the “greater good” of Italy, it’s the “greater good” of globalism and social “progress”. But progress towards what? Major Democrat cities are facing enormous increases in crime and murder, cops are retiring, transferring, or quitting in record numbers, kids are getting castrated, and teachers are promoting racist CRT curriculum in which children are taught they are born oppressed or oppressor, based on the color of their skin.

        Christian bakers can’t just sell cakes to gay men and transgender; they must be forced to custom make confections that celebrate it. They will be driven out of business and into poverty if they ascribe to the biological definition of gender. You’re a racist if you judge someone on the content of their characters. You are racist if you don’t support racially segregated graduations and dorms. Capitalism has lifted more people out of poverty than any other economic system, while socialism has impoverished more people and led to the murder of 100 million, but you are a fascist if you point those facts out.

        Reason is dead. Emotion rules.

        We are rapidly turning into a dystopia like Venezuela. We’ve already had our practice run fighting over toilet paper.

        You might not agree with my politics, but if you cannot acknowledge the problems of the Left, then you’re in denial.

        1. Karen: you are NOT a conservative. You are a Trump disciple. It is truly laughable and sad that someone like you, who doesn’t even have a college degree, consider yourself qualified to claim “reason is dead. Emotion rules”. You don’t have any politics, Karen, because you rely on alt-right media for your daily affirmation. Believing lies isn’t political, because everything about Trump, the object of your devotion, is fake, phony and a lie. He was never legitimate because he cheated to get into office.

          If you have such superior reasoning skills, explain to me why Trump wasn’t responsible for the problems with the Afghanistan withdrawal when he drew down our troops from 14,000 to 2,500 and turned loose 5,000 Taliban prisoners BEFORE everyone got out. Why didn’t he evacuate the Americans there during the 4 years of his fake presidency, after making a campaign promise to end the war? Why did the Republican Party take down praise for the Taliban agreement from its website?

          If you have such superior reasoning skills, explain to me how the economy is going to recover until or unless COVID is brought under control. Explain to me how COVID will be brought under control when disciples like you are conditioned to believe that vaccines aren’t safe, that the CDC, the FDA, and the WHO cannot be trusted? Explain to me why disciples like you would rather take horse de-wormer medication or Hydroychloroquine instead of a vaccine. Explain to me why you don’t believe scientific studies that prove Hydroychloroquine is not effective in either treating or preventing COVID, and why people like you keep defending it, OTHER THAN YOUR DEVOTION to Trump?

          Explain your devotion to Trump. I’ve seen the list of phony “accomplishments” from the Trump campaign, most of which are lies, but explain to me why you don’t see how he destroyed the US economy, how he let COVID get out of control, how he lied and took credit for the vaccine, which was the product of years of science, and why he drew down our troops from 14,000 to 2,500, let loose 5,000 Taliban BEFORE anyone got out, and now, how or why is he trying to blame Biden when the evacuation didn’t go smoothly? Why won’t he shut up and go away? Why does he keep holding rallies, other than to feed that massive ego of his that needs affirmation and adulation, and why you aren’t offended by this raw display of egotism and don’t see him for the heavily made up, obese fop and phony he really is?

  16. The title of today’s column poses a question. Based on the facts provided by Professor Turley, it is clear that the social engineers in the Biden Administration knew or should have known that the legislation was blatantly unconstitutional. It is outrageous that this administration continues to squander taxpayer dollars in an effort to “redesign” this country. The result is mayhem. The USA is quickly becoming a nation with no boundaries (including boundaries set by law) and no borders. What was the oath that President Biden took during the inauguration? Hmmm!

  17. From “diversity” to “equity” to outright racial discrimination, the Biden administration is plunging the US into ignorance and ruin, all in the name of racial justice.

  18. The Lefties spent four years whining about Trump.

    Let’s hear Justice Holmes, Natacha, and Fish Wings complain about Biden.

    They won’t, because they do not want justice, they want partisan advantage.

    1. But please, donate all your money to Trump for 2024, now, don’t wait. He’s got bills to pay, his lawyers might wait, but nobody thinks the Russians will.

      1. Brilliant! I bet you thought you were being clever, when instead you confirmed mc’s comment.

        Bwahahahahaha!

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