Chinese Destroyer Shoots Weapons-Grade Laser at U.S. Navy P-8A Plane Operating Near Guam

A U.S. Navy P-8A Poseidon maritime patrol aircraft was lased by People’s Republic of China (PRC) navy destroyer 161 on Feb. 17 while flying in airspace above international waters approximately 380 miles west of Guam.

The P-8A was operating in international airspace in accordance with international rules and regulations. The PRC navy destroyer’s actions were unsafe and unprofessional.

Additionally, these acts violate the Code for Unplanned Encounters at Sea (CUES), a multilateral agreement reached at the 2014 Western Pacific Naval Symposium to reduce the chance of an incident at sea. CUES specifically addresses the use of lasers that could cause harm to personnel or damage to equipment.

The destroyer’s actions were also inconsistent with a Memorandum of Understanding (MOU) between U.S. Department of Defense and the Ministry of National Defense of the PRC regarding rules of behavior for safety of air and maritime encounters.

The laser, which was not visible to the naked eye, was captured by a sensor onboard the P-8A.
Weapons-grade lasers could potentially cause serious harm to aircrew and mariners, as well as ship and aircraft systems.

The P-8A is assigned to VP-45, based out of Jacksonville, Florida, and is forward-deployed to Kadena Air Force Base in Okinawa, Japan. The squadron conducts routine operations, maritime patrol and reconnaissance in the U.S. 7th Fleet area of operations.

U.S Navy aircraft routinely fly in the Philippine Sea and have done so for many years. U.S. Navy aircraft and ships will continue to fly, sail and operate anywhere international law allows.

U.S. 7th Fleet is the largest numbered fleet in the world, and with the help 35 other maritime-nation allies and partners, the U.S. Navy has operated in the Indo-Pacific region for more than century, providing credible, ready forces to help preserve peace and prevent conflict. (For more from the author of “Chinese Destroyer Lases U.S. Navy P-8A Plane Operating Near Guam” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

No Human Dignity: Lisa Murkowski Votes Against Pain-Capable Unborn Child Protection Act

Yesterday, the United States Senate voted on two significant pieces of legislation: the Pain-Capable Unborn Child Protection Act and the Born-Alive Abortion Survivors Protection Act. Although a majority of senators supported the bills, both fell short of the 60 votes needed to invoke cloture (i.e., end debate and move to a vote on the bill) and overcome a Democrat-led filibuster. . .

[T]wo Republicans (Collins and Murkowski) voted against Pain-Capable. [O]pponents of the legislation—including the abortion lobby—launched a massive misinformation campaign to deny the need for these bills.

First, they denied scientific evidence that babies in utero can feel pain at 20 weeks. Doctors understand this scientific reality, which is why they administer pediatric anesthesia during fetal surgeries. This reflects an understanding that fetal surgeries have two patients: the mother and the child.

Moreover, the legal framework under Roe v. Wade allows abortion up to the moment of birth. Currently, unless individual states take legislative action to restrict abortion later in pregnancy, abortion on demand is legal through all nine months of pregnancy. According to FRC’s new pro-life map, 22 states allow abortion on demand right up until birth. The United States is one of only seven countries in the world (including North Korea and China) that allow abortion after 20 weeks.

Considering these facts, the Pain-Capable Unborn Child Protection Act is a necessary bill, and the Senate’s failure to pass it reflects a callous and cruel disregard for the dignity and value of human life. (Read more about Murkowski votes on prolife bills HERE)

Detroit Mass Murder Suspect Was a Federal Informant

Federal authorities ensured Kenyel Brown stayed out of prison, despite multiple probation violations, before he allegedly went on a crime spree that left six people dead.

A federal law enforcement agency requested Brown remain free, even after he continually failed drug tests, didn’t appear for mandated meetings with drug counselors and was arrested for drunken driving while on probation for a federal weapons charge.

“Our court released Mr. Brown at the behest of a federal law enforcement agency,” U.S. District Court spokesman David Ashenfelter said in an email Tuesday. “We cannot elaborate further at this time.”

It was unclear Tuesday which federal agency requested that Brown remain free. At one point, Brown was cooperating with the government by “providing information concerning his knowledge of others who Mr. Brown believed to be involved with criminal behavior in the neighborhood where Mr. Brown resided,” his attorney, Mike Rataj, wrote in a November 2015 sentencing memo for the weapons charge. . .

Court records show Brown, 40, was given multiple plea deals and other chances before he allegedly went on a recent violent crime spree that ended Monday in an Oak Park backyard, where he shot himself in the head as police closed on him. (Read more from “Detroit Mass Murder Suspect Was a Federal Informant” HERE)

______________________________

Brown allegedly involved in multiple murders

By George Hunter and James Dickson.

►Brown was linked to a fatal shooting in River Rouge on Jan. 8, Craig said Monday.

►The U.S. Marshals Service Detroit Fugitive Apprehension Team police said that Brown was wanted in connection with a triple shooting — a double homicide and a reported non-fatal shooting — reported in late January. In that incident, which River Rouge police said was Jan. 30, the Wayne County Medical Examiner’s Office identified the deceased as Dorian Patterson, 48, and Kimberly Green, 52. Both died of multiple gunshot wounds.

►Brown’s spree continued with the fatal shooting of a man in Highland Park on Feb. 18, Craig said.

►Three days later, police and U.S. Marshals Service said Brown was wanted for questioning in connection to another deadly shooting late Thursday on Detroit’s east side. Police said a 41-year-old man was found with a fatal gunshot inside the Next Level Custom Tees shop on the 16000 block of East Eight Mile.

►The next day, on Friday, Craig said, Brown is believed to have been involved in “two separate carjacking incidents within 19 minutes of one another” in Detroit.

►On Saturday, Craig said Brown fatally shot another man “over a drug argument.”

(Read more about the federal informant and his alleged murder spree HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

Parents Sue School District for Allowing Children to Change Gender Identity Without Parental Notice

A group of parents in Madison, Wisconsin, has filed a lawsuit against the Madison Metropolitan School District (MMSD) for violating parental rights by implementing a policy that allows children to change their gender identity without parental notice or consent.

The Wisconsin Institute for Law & Liberty (WILL) filed the lawsuit in Dane County Circuit Court on behalf of the parents. According to a press release from WILL, the school policy, issued in April 2018, also instructs district employees to “conceal and even deceive parents about the gender identity their son or daughter has adopted at school.”

The MMSD policy, titled “Guidance & Policies to Support Transgender, Non-binary & Gender-Expansive Students,” contains content and information provided by LGBTQ+ rights activist group GLSEN. . .

“Madison schools have adopted policies that violate constitutionally recognized parental rights,” said WILL President and General Counsel Rick Esenberg. “A public school district should not, and cannot, make decisions reserved for parents.”

In December, WILL issued a demand letter to Sherry Terrell-Webb, Interim General Legal Counsel of MMSD, calling upon the district to amend its policies in order to avoid a lawsuit. (Read more from “Parents Sue School District for Allowing Children to Change Gender Identity Without Parental Notice” HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

20-Year-Old Illegal Alien Enrolled in U.S. High School Accused of Raping 11-Year-Old Girl

How is it that there are 20-year-old illegal alien men in our public schools, walking the same halls as junior high girls?

Last week, Jonathan Coreas-Salamanca, 20, and Ivan Reyes Lopez, 19, were each arrested in two different Montgomery County, Maryland, high schools for raping two 11-year-old girls outside school.

WJLA reports that Coreas-Salamanca attends Montgomery Blair High School in Silver Spring. He is accused of having multiple sexual encounters with an 11-year-old after the victim’s father found salacious text messages on her phone. ICE has lodged a detainer on Coreas-Salamanca, who is an illegal alien from El Salvador.

There is no information available on Lopez’s immigration status. He is accused of luring a different 11-year-old girl to an apartment and raping her. But according to WJLA, he recently arrived from Honduras a few years ago and spoke in court through a Spanish interpreter. It is therefore very possible he also initially came here during the wave of Central American unaccompanied alien children and, along with thousands of others, was resettled in Maryland and perhaps was given some sort of legal status.

While criminal alien activity in general, and child sexual assaults in particular, are nothing new in this notorious sanctuary county, this incident raises other important questions. Why are illegal aliens placed in our public schools even as adults?

WJLA’s Kevin Lewis reached out to Montgomery County Public Schools for comment. He asked them how many 19- to 21-year-olds are in the school system, whether they are kept separate from the minors, and what the statute is that mandates their enrollment.

The school district was extremely defensive about the obvious questions the local parent body is likely also asking.

“There is no data suggesting that being a high school student at 19, 20, or 21 makes a person more or less likely to commit a crime,” spokeswoman Gboyinde Onijala wrote in an email to the local ABC affiliate. “Any suggestion otherwise is wrong and trying to make a connection there to students enrolled in our district is wrong.”

The problem in this case is that while, generally speaking, it’s uncommon for 20- or 21-year-olds to be in high school, the illegal alien UAC resettlement program has upended that natural balance. UACs are resettled all over the country, including in schools that weren’t traditionally known for having adult kids. They go wherever their sponsors live, who are usually also illegal aliens.

Aside from a few obvious resettlement jurisdictions, such as Houston, Miami, and Los Angeles, Montgomery County and its adjacent neighbor Prince George’s County have been inundated with more illegal alien teens than any other part of the country. This is a big part of why the D.C. suburbs have seen one of the worst resurgences of MS-13 and criminal alien gang activity since 2014.

According to the Office of Refugee Resettlement (ORR), the two D.C. suburban counties have taken in 11,874 UACs combined from fiscal year 2014 through December 2019. But that number doesn’t include the countless thousands of teens who likely came in as part of “family units” and wound up settling in the same communities over the past few years.

As former Deputy Attorney General Rod Rosenstein said in May 2018, “We’re letting people in who are gang members.”

Maryland now has the highest concentration of Salvadorans in the country. Not surprisingly, it also has the most MS-13 prosecutions of any federal district.

“Many of these alien children, who have no parents, no family structure — we’re releasing them into communities where they’re vulnerable to recruitment by MS-13,” said Rosenstein, who previously served as U.S. attorney in Maryland. “And so some of these kids who come in without any gang ties develop gang ties as a result of the pressure that they face from people that they confront in the communities.”

Many of these “children” are already in their late teens when they arrive, and many have been known to lie about their age because they know that is their ticket into the country. Then they begin attending classes with ninth-graders or those even younger and remain there into their 20s. According to ORR, over 70 percent of the UACs are 15 or older, and roughly 70 percent in recent years have been male.

The problem of illegal aliens in their older teens or early 20s flooding school systems is also evident in Long Island, New York. In a letter to schools from New York’s attorney general and state commissioner of education, school officials were reminded of the “right of undocumented students” to enroll in schools and that officials “should not ask questions related to immigration status that may reveal a child’s immigration status, such as requesting a Social Security number.”

“We also have advised that, while school districts may need to collect certain data pursuant to state and/or federal laws, they should do so after a student has enrolled in school so as not to inadvertently give the impression that information related to immigration status will be used in making enrollment determinations,” wrote New York State Commissioner of Education Mary Ellen Elia and Attorney General Eric Schneiderman in the 2017 letter.

None of the politicians have given any thought to what this does to our communities. Prince George’s County, which was once a thriving African-American middle class area, is now full of MS-13 and 18th Street gang wars in the schools. The same is true for Montgomery County schools. In December, several 18th Street Gang members were arrested for a gruesome murder in Montgomery County, after police failed to honor prior ICE detainers for previous arrests.

The UAC loophole remains the biggest open-borders loophole we have and poses the most significant threat to our communities. The Trump administration can reinterpret the statute administratively to properly reflect the fact that these teens are self-trafficked by their families, not victims of trafficking. The UAC program essentially amounts to the government constructing an MS-13 smuggling bridge to our country and making the American citizen pay for it.

American taxpayers should demand a new bill of rights stating a simple proposition: The American people should not have to pay the cost or endure the crimes of those who break our laws and come here illegally. (For more from the author of “20-Year-Old Illegal Alien Enrolled in U.S. High School Accused of Raping 11-Year-Old Girl” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

Here’s Why the CDC Is Telling Men to Shave Their Facial Hair

Men may need to hack off their muttonchops, void their Van Dykes or pluck their ducktails if they plan on using a respirator, according to information from the CDC about how facial hair can interact with the devices.

A graphic released by the agency shows the fashionable facial-hair-wearer which styles will conflict with potentially life-saving respirators as the US braces for the quickly spreading coronavirus to emerge state-side.

Handlebar, walrus, and Zorro mustaches are fine, but the CDC says folks may need to lose their Fu Manchus, Dalis, and Englishes — because they could prevent respirators from making a seal on wearers’ faces. . .

Standard beards and chops are also risky, as the hair could come in contact with a respirator’s exhalation valve, reducing their effectiveness, the graphic said. (Read more from “Here’s Why the CDC Is Telling Men to Shave Their Facial Hair” HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

Harvard Epidemiologist Predicts Most of the World Will Be Infected by Next Year; U.S. Soldier Stationed in South Korea Tests Positive for Coronavirus; Senator ‘Appalled’ by Trump’s Classified Briefing on Coronavirus

CDC Warns Disruption to U.S. Life “May be Severe”

By Alexandria Hein. The Centers for Disease Control and Prevention (CDC) on Tuesday warned that it expects the novel coronavirus to begin spreading in the U.S. at the community level, and that “disruption to everyday life may be severe.”

Dr. Nancy Messonnier, the agency’s director of the National Center for Immunization and Respiratory Diseases, said in a press briefing on Tuesday that the time for Americans to begin preparing for a potential outbreak of the virus is now . . . “As more and more countries experience community spread, successful containment at our borders becomes harder and harder,” Messonnier said. “Ultimately, we expect we will see community spread in this country. It’s not so much a question of if this will happen anymore, but rather more a question of when this will happen, and how many people in this country will have severe illness.”

Citing the recent uptick in cases in countries with confirmed illnesses, Messonnier said health officials recognize that once the virus hits, it moves “quite rapidly,” adding that the outbreak is inching closer toward pandemic status. She explained several measures the U.S. is prepared to take should the outbreak become severe, including closing schools and hosting meetings remotely.

“I understand this whole situation may seem overwhelming and that disruption to everyday life may be severe, but these are things people need to start thinking about now,” Messonnier said. (Read more HERE)
____________________________________________________

US Soldier Tests Positive

By The Blaze. An American soldier stationed in South Korea has tested positive for COVID-19, the coronavirus, the U.S. military announced Wednesday, in what is the first confirmed case of a servicemember contracting the new disease. . .

The patient is a 23-year-old male stationed at Camp Carroll near the southeastern city of Daegu. According to a statement issued by United States Forces Korea, the soldier “is currently in self quarantine at his off-base residence.”

The command said that “health professionals are actively conducting contact tracing to determine whether any others may have been exposed,” adding, “USFK is implementing all appropriate control measures to help control the spread of COVID-19 and remains at risk level ‘high’ for USFK peninsula-wide as a prudent measure to protect the force.”

The Daily Mail reported that South Korea announced the same day that the country has 1,146 cases of COVID-19, which means it has “the biggest outbreak outside mainland China.” China has reported more than 2,700 deaths due to coronavirus with another 78,000 confirmed cases of infection.

The U.S. currently has around 28,5000 troops stationed in South Korea, as a deterrent against North Korean aggression. (Read more from “U.S. Soldier Stationed in South Korea Tests Positive for Coronavirus” HERE)

____________________________________________________

Yes, You’ll Likely Get It – Harvard Epidemiologist Predicts Most of the World Will Be Infected by Next Year

By The Atlantic. . .Coronaviruses are similar to influenza viruses in that they both contain single strands of RNA.* Four coronaviruses commonly infect humans, causing colds. These are believed to have evolved in humans to maximize their own spread—which means sickening, but not killing, people. By contrast, the two prior novel coronavirus outbreaks—SARS (severe acute respiratory syndrome) and MERS (Middle East respiratory syndrome, named for where the first outbreak occurred)—were picked up from animals, as was H5N1. These diseases were highly fatal to humans. If there were mild or asymptomatic cases, they were extremely few. Had there been more of them, the disease would have spread widely. Ultimately, SARS and MERS each killed fewer than 1,000 people. . .

The Harvard epidemiology professor Marc Lipsitch is exacting in his diction, even for an epidemiologist. Twice in our conversation he started to say something, then paused and said, “Actually, let me start again.” So it’s striking when one of the points he wanted to get exactly right was this: “I think the likely outcome is that it will ultimately not be containable.”

Containment is the first step in responding to any outbreak. In the case of COVID-19, the possibility (however implausible) of preventing a pandemic seemed to play out in a matter of days. Starting in January, China began cordoning off progressively larger areas, radiating outward from the city of Wuhan and eventually encapsulating some 100 million people. People were barred from leaving home, and lectured by drones if they were caught outside. Nonetheless, the virus has now been found in 24 countries.

Despite the apparent ineffectiveness of such measures—relative to their inordinate social and economic cost, at least—the crackdown continues to escalate. Under political pressure to “stop” the virus, last Thursday the Chinese government announced that officials in Hubei province would be going door-to-door, testing people for fevers and looking for signs of illness, then sending all potential cases to quarantine camps. But even with the ideal containment, the virus’s spread may have been inevitable. Testing people who are already extremely sick is an imperfect strategy if people can spread the virus without even feeling bad enough to stay home from work.

Lipsitch predicts that within the coming year, some 40 to 70 percent of people around the world will be infected with the virus that causes COVID-19. But, he clarifies emphatically, this does not mean that all will have severe illnesses. “It’s likely that many will have mild disease, or may be asymptomatic,” he said. As with influenza, which is often life-threatening to people with chronic health conditions and of older age, most cases pass without medical care. (Overall, about 14 percent of people with influenza have no symptoms.) (Read more from “Yes, You’ll Likely Get It – Harvard Epidemiologist Predicts Most of the World Will Be Infected by Next Year” HERE)

____________________________________________________

Democrat ‘Appalled’ by Classified Senate Briefing on Coronavirus: ‘Should Have Been Fully Open to American People’

By Raw Story.Sen. Richard Blumenthal (D-CT) blasted the Trump administration for withholding information about coronavirus preparations from the public.

The administration gave senators a classified briefing Tuesday morning on the virus, which Senate Minority Leader Chuck Schumer (D-NY) warned Monday could turn into a potential pandemic unless President Donald Trump and his team took swift action.

(Read more from “Democrat ‘Appalled’ by Classified Senate Briefing on Coronavirus: ‘Should Have Been Fully Open to American People’” HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

WATCH: Biden Accidentally Tells South Carolina Crowd He’s a Dem Candidate ‘for the United States Senate’

Former Vice President Joe Biden made an unfortunate gaffe just days before the critical South Carolina primary, telling voters he’s a Democratic candidate for the “United States Senate.”

Biden was one of several 2020 hopefuls to attend the South Carolina Democrat Party’s First in the South Dinner, where he reportedly received the longest ovation of any of his competitors. . .

“You’re the ones who sent Barack Obama the presidency. And I have a simple proposition here: I’m here to ask you for your help,” Biden pleaded to Democratic voters. “Where I come from, you don’t go very far unless you ask. My name’s Joe Biden. I’m a Democratic candidate for the United State’s Senate. Look me over. If you like what you see, help out. If not, vote for the other Biden. Give me a look though, okay?”

Biden, a former senator, has called South Carolina is “firewall,” hoping to clinch his first primary victory after having disappointing turnouts in Iowa and New Hampshire as well as coming in at a distant second in Nevada last weekend. (Read more from “WATCH: Biden Accidentally Tells South Carolina Crowd He’s a Dem Candidate ‘for the United States Senate'” HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

Four Babies in NYC Have Recently Gotten Herpes From Controversial Jewish Circumcision Ritual

A seldom-practiced religious ritual has led to a cluster of herpes cases among infants, New York City health officials said Sunday. At least four infants have contracted the potentially fatal viral disease since last September, all after undergoing a circumcision during which the circumciser placed their mouth on the genital wound.

Last September, health officials issued a public health alert about the practice, known as metzitzah b’peh, following a case of neonatal herpes reported to the New York City Health Department. On Sunday, the Wall Street Journal reported there have been three more cases documented in NYC since December.

Jewish circumcision nowadays rarely involves any oral contact between the baby’s genitals and the circumciser, or mohel, and is actively discouraged by the community at large. But the ancient practice of suction—said to cleanse the wound—is still performed within some ultra-orthodox communities. (Read more from “Four Babies in NYC Have Recently Gotten Herpes From Controversial Jewish Circumcision Ritual” HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

Supreme Court Declines to Intervene… Where It Actually Belongs

Does the Supreme Court control the outcome of broad political and social questions? Not at all. The Constitution vests the high court with mandatory original jurisdiction over only four types cases, which tend to be pretty uncommon. But these very cases seem to be the only ones the Supreme Court declines to take.

There’s a dirty little secret about our political system that few realize. Congress has plenary power over the entirety of what is known as the Supreme Court’s “appellate jurisdiction.” That means that Congress can regulate or exclude any type of case from the Supreme Court’s reach through the appeals process, except for one of the four types where the Constitution vests it with “original jurisdiction.” One of those cases just came before the Supreme Court, and on Monday, the court finally showed humility at the wrong time and declined to take the appeal.

Art. III, § 2, cl. 1 of the Constitution vests the high court with original jurisdiction over “all cases affecting ambassadors, other public ministers and consuls;–to all cases of admiralty and maritime jurisdiction;–to controversies to which the United States shall be a party;–to controversies between two or more states.”

Well, Arizona has a complaint that California is taxing Arizona citizens who have nebulous ties to the Golden State and thereby draining Arizona’s government revenue. California assesses an $800 “doing business” tax against Arizona businesses and banks that conduct no real business in California, other than a passive investment in a California company. Since the “doing business” taxes are deductible, Arizona loses an estimated $484,000 in tax revenue every year. According to Arizona’s attorney general, Mark Brnovich, 13,300 Arizona-based LLCs pay about $10.6 million a year in California taxes without having any presence in California.

This case obviously opens up a nasty can of worms related to interstate taxation and the concept of taxation without representation. As the National Taxpayers Union warned in an amicus brief: “California’s cross-border seizure of funds from the bank accounts of Arizona residents amounts to casus belli in the classic sense of requiring collective self-defense. But unlike conventional cross-border raids that rely on physical mobilization, technological advances allow California to reach into Arizona bank accounts without physically traveling outside its own borders. This precedent, if allowed to stand, would allow any state with revenue aspirations to reach passive investors in every other state by using multistate banks as conduits for backdoor extractions.”

In other words, this is exactly why we have a federal government and more specifically why the Constitution mandated that the Supreme Court mediate these disputes.

Instead, the Supreme Court dismissed Arizona’s motion yesterday without offering any explanation. Now Arizona has no recourse but to sue in California state courts, which our Founders sought to avoid, for obvious reasons.

Justice Thomas, joined only by Justice Alito, tore into his colleagues for dismissing this case.

The Constitution establishes our original jurisdiction in mandatory terms. Article III states that, “[i]n all Cases . . . in which a State shall be [a] Party, the supreme Court shall have original Jurisdiction.” §2, cl. 2 (emphasis added). In this circumstance, “[w]e have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given.” Cohens v. Virginia, 6 Wheat. 264, 404 (1821) (Marshall, C. J., for the Court). Our original jurisdiction in suits between two States is also “exclusive.” §1251(a). As I have previously explained, “[i]f this Court does not exercise jurisdiction over a controversy between two States, then the complaining State has no judicial forum in which to seek relief.” Nebraska v. Colorado, 577 U. S. ___, ___ (2016) (opinion dissenting from denial of motion for leave to file complaint) (slip op., at 2). Denying leave to file in a case between two or more States is thus not only textually suspect, but also inequitable.

Well, indeed, the modus operandi of the federal courts these days is to “usurp what is not given” to them, while declining to exercise “the jurisdiction which is given.” It’s truly ironic to watch the federal courts insert themselves into all issues of internal order within a state where they doesn’t belong, be it life, marriage, election law, or internal economic issues. We have federal courts hearing cases that statute explicitly precludes them from hearing. We have federal courts abusing the rules of standing. And we have federal courts issuing injunctions outside the parties properly before the court.

Yet there is this erroneous perception that the federal courts reign supreme over the other branches and can usurp their power with impunity, when in fact the opposite is true. There can be no greater authority on this matter than Chief Justice Oliver Ellsworth, who served as the first Senate Judiciary Committee chairman and is often called “the father of the national judiciary.” Writing an opinion in a 1796 case, Ellsworth authoritatively asserted, “If Congress has provided no rule to regulate our proceedings, we cannot exercise an appellate jurisdiction; and if the rule is provided, we cannot depart from it.”

As Clarence Thomas wrote in a 2018 case, “When Congress strips federal courts of jurisdiction, it exercises a valid legislative power no less than when it lays taxes, coins money, declares war, or invokes any other power that the Constitution grants it.”

For example, Congress stripped the federal courts of all power to block deportations under “expedited removal,” but the courts are issuing injunctions anyway. There is no apparent will on the part of the Supreme Court to remove its inferior courts from this realm.

Yet when it comes to an interstate dispute, the one area where the high court must insert itself, plaintiffs are told to go to the other state’s court for relief because the justices have washed their hands of the case. Truly a system upside down.

Perhaps, if the Supreme Court doesn’t want to use its power where the Constitution requires it, Congress should negative its power in all the cases where that authority exists solely at the discretion of Congress. (For more from the author of “Supreme Court Declines to Intervene… Where It Actually Belongs” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE