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courts

Reality Eases EV Mandates, Dems’ Election Hypocrisy, Judge Sides with AP vs. Trump

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Listen to “Maryland Ends EV Mandate, Dems’ Election Hypocrisy, Judge Sides with AP vs. Trump” on Spreaker.

Undisputed King of Stuff and Sink the Rising Sun author Jon Gabriel fills in for Jim today. Join Jon and Greg on 3 Martini Lunch as they discuss Maryland reversing its electric vehicle mandate, Democratic attorneys general taking President Trump to court over his executive order on election security, and a federal judge forcing the White House to reopen full access to the Associated Press.

First, they applaud Maryland Gov. Wes Moore for walking back the state’s EV mandate, which would have required 43 percent of new vehicle sales to be electric starting with 2027 models. Moore pointed to the Trump administration suspending funding for EV charging stations—a program that received $7.5 billion under President Biden and produced only eight chargers nationwide. But Jon and Greg also note that just 13 percent of new car sales in Maryland are EVs, highlighting how many Americans simply don’t want them.

Next, they criticize the 19 Democratic state attorneys general suing President Trump over his new executive order to strengthen election security, including a requirement to show proof of citizenship to register to vote. While election rules are primarily left to the states and Congress has some oversight, Jon and Greg are stunned by Democrats’ continued opposition to even the most basic voter integrity measures—opposition that’s likely to flare again soon with the SAVE Act.

Finally, they slam on a federal judge’s ruling requiring the Trump White House to grant Associated Press reporters access to spaces like the Oval Office and Air Force One. Jon and Greg argue this is not a First Amendment issue and question why a court would be involved with this at all. They also express fatigue with the White House press corps constantly acting the victim every time the White House does something reporters don’t like.

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Property Taxes Are A Scam, Elon Email Backlash May Help DOGE, Intel Community Depravity

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Listen to “Property Taxes Are A Scam, Elon Email Backlash May Help DOGE, Intel Community Depravity” on Spreaker.

Former Chief Assistant U.S. Attorney and National Review Contributing Editor Andy McCarthy is in for Jim on today’s 3 Martini Lunch. Join Andy and Greg as they break down why property taxes are a big government scam, how Elon Musk’s email controversy could legally benefit DOGE, and the disturbing ways intelligence agencies allow employees to spend their workdays discussing their bizarre sexual issues—all on the taxpayer’s dime.

First, they applaud Florida Gov. Ron DeSantis for exposing the absurdity of property taxes and how the government forces homeowners to pay yearly taxes on property they already own and have already been taxed on. Andy also highlights how progressives manipulate the assessment system to unfairly burden both the wealthy and the poor to raise money for their insatiable appetite for big government.

Next, Andy digs into his column on how Elon Musk’s weekend order may have been an impulsive command to President Trump’s comments, but the refusal of multiple cabinet-level officials to comply with the directive could actually strengthen DOGE’s legal position in the long run.

Finally, parental discretion is advised as Greg and Andy react with disgust to reports that NSA, CIA, and DIA employees spent their work hours in two NSA LGBT chatrooms discussing their trans identities and explicit fetishes. Even worse, NSA leadership defends this behavior as “not only mission critical but mission imperative.” Andy questions how these agencies, which repeatedly fail to anticipate major global events yet demand more funding, have time to foster and participate in such activities.

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Bragg Backs off Trump Sentencing, The Courts & Deportations, GOP Senators AWOL on Key Votes

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Listen to “Bragg Backs off Trump Sentencing, The Courts & Deportations, GOP Senators AWOL on Key Votes” on Spreaker.

Former Chief Assistant U.S. Attorney and National Review Contributing Editor Andy McCarthy steps in for Jim Geraghty on today’s 3 Martini Lunch. Andy and Greg dive into Manhattan DA Alvin Bragg’s request to delay sentencing Donald Trump for four years, whether the courts will  side with Trump on deportations, and the damaging impact of Republican senators missing votes on Biden judicial nominees.

They begin by discussing Manhattan DA Alvin Bragg asking for a four-year delay in sentencing Donald Trump until after Trump leaves the White House in 2029. Andy explains Trump is already appealing the verdict over immunity arguments and why both Trump and Bragg have good reasons to want the extended pause.

Next, they examine whether federal courts will support Trump’s mass deportation plans. Andy explores the broad authority of the federal government over immigration and the limitations of what state and local officials can do about it. But after the federal courts upheld Biden’s authority in the midst of his utter utter failure border security, will Trump get the same reacton when he tries to execute a very different set of policies?

Finally, Andy and Greg share their frustration over several Republican senators missing key votes, enabling controversial Biden judicial nominees to secure lifetime appointments. While senators like JD Vance and Marco Rubio were tied up with responsibilities for the incoming administration, their absences allowed far-left nominees to reshape the judiciary for decades.

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Court Blocks Biden, Horrific Border Numbers, Why Would Pence Run?

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Listen to “Court Blocks Biden, Horrific Border Numbers, Why Would Pence Run?” on Spreaker.

Join Jim and Greg as they welcome news of the 8th Circuit Court of Appeals placing an injunction on President Biden’s plan to make the rest of us pay off student loan debt. They also shudder as the October number of illegal border crossings soars again and that the crisis seems to have had little impact on the midterm elections. And while they like Mike Pence, they have no idea who Pence thinks would vote for him if he launches a presidential campaign.

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White House & Mandates, Biden’s War on Energy, Where’s Gavin?

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Listen to “White House & Mandates, Biden’s War on Energy, Where’s Gavin?” on Spreaker.

No good martinis today, but join Jim and Greg as they react to the Biden administration urging employers to mandate vaccinations regardless of how courts rule on the new OSHA rule. They also fume as Biden considers shutting down a key Great Lakes pipeline even though energy prices are set to skyrocket this winter. And they wade into the bizarre internet guessing game of where California Gov. Gavin Newsom has been for the past two weeks.

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Pro-Life Progress, Bogus Afghan Bounty Story, Markey’s Massive Hypocrisy

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Listen to “Pro-Life Progress, Bogus Afghan Bounty Story, Markey’s Massive Hypocrisy” on Spreaker.

Join Jim and Greg as they welcome an appeals court decision upholding an Ohio ban on abortions because the unborn baby has Down Syndrome. They also fume as the intel community admits there is only low to moderate confidence in last year’s reports that Russia was offering bounties to the Taliban and its allies for killing coalition forces in Afghanistan. And they shake their heads at the obvious court-packing hypocrisy of Massachusetts Sen. Ed Markey.

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House Dem Infighting, ‘Put Up or Shut Up,’ Ridiculous Gore Revisionism

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Listen to “House Dem Infighting, ‘Put Up or Shut Up,’ Ridiculous Gore Revisionism” on Spreaker.

Join Jim and Greg as they enjoying watching House Democrats point fingers at each other for doing much worse than expected in Tuesday’s elections. Jim tells Republicans to stop airing their arguments about election crimes or irregularities on social media and cable news and bring evidence to court if there are reasons to investigate the vote counting. And they unload on self-important New York Times columnist Thomas Friedman for suggesting Al Gore “took a bullet for the country” by conceding to George W. Bush in 2000.

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‘Planned Parenthood Has Really Shown Its True Colors’

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Listen to “‘Planned Parenthood Has Really Shown Its True Colors'” on Spreaker.

On Monday, Planned Parenthood withdrew its application to be a recipient of Title X federal health care funding, following a Trump administration rule change barring recipients from encouraging patients to pursue abortions.

Susan B. Anthony List Vice President of Communications Mallory Quigley says this is a big win for the pro-life cause.

“Planned Parenthood is choosing to not comply with the rule, which is really intended to draw a bright line of separation between the idea of family planning and separation versus abortion,” said Quigley.

She also says Planned Parenthood may not have spent previous Title X funds directly on abortion but did use it to buy pro-abortion advertising in addition to paying bills that helped keep the nation’s largest abortion provider open.

Planned Parenthood is losing about $60 million in taxpayer funds as a result, although it is still getting the bulk of the roughly $500 million in total federal funding it gets every year.

Acting Planned Parenthood President Alexis McGill Johnson says the lack of funding will make it harder for women to seek health care and some may forego it altogether.

Quigley wonders why an organization so flush with other money that it spends lavishly on political campaigns won’t make women’s health care a priority.

“Planned Parenthood has really shown its true colors by prioritizing abortion over family planning and refusing to comply with this rule,” said Quigley.

Listen to the full podcast to hear Quigley explain why the new rule does not constitute an infringement on the freedom of speech for Planned Parenthood personnel, where the abortion fight goes from here, and how this news shows just how big of a difference elections make.

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Court: Judge Can Overrule Parents On Gender Identity

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Listen to “Court: Judge Can Overrule Parents On Gender Identity” on Spreaker.

The Arizona Supreme Court ruled Thursday that judges in the state can force parents to provide counseling, therapy, and other services or a child who identifies as a different gender than their biological sex.

The decision partially strikes down a 2018 Appeals Court ruling which gave more deference to parents.  The case in question involved a divorced couple in a dispute over how to raise their biologically male child who “demonstrated a preference for female items,” according to a report in the Arizona Republic.

The Arizona Supreme Court ruling was unanimous, but does state that the parents cannot be required to provide services for their kids unless they are “at risk of physical danger or significantly impaired emotionally.”

LGBT activists are cheering the decision, asserting that children who are not “affirmed” in their preferred gender identity suffer far more depression and are more likely to harm themselves than those who do not meet parental resistance.

But Liberty Counsel Chairman Mathew Staver says the court got this one wrong.

“I think the Supreme Court of Arizona is wrong and I think that the Arizona Court of Appeals did get it right, when last year it ultimately ruled that courts could not take sides between parents over these kinds of issues,” said Staver.

He also contends this is pure activism from the justices.

“The Arizona Supreme Court simply gerrymandered this case.  There is no law that would allow the courts to interfere between the parents in this kind of a situation,” said Staver.

He says the government has no business getting involved in these sorts of disputes.

“When a child is going through gender confusion, there is no reason to go down the road – especially at a child’s early age – for hormone-blocking treatment, hormones of a different gender, and even counseling to go through surgical intervention.  Essentially, they’ve opened up the door to do just that, which is going to cause both short and long-term harm to the children.

“They should leave those decisions to the parents, even if the parents cannot agree,” said Staver.

Listen to the full podcast to hear Staver explain why he rejects the American Association of Pediatrics recommendations of “comprehensive, gender-affirming, and developmentally appropriate health care” for children struggling with gender dysphoria and why such advice is contrary to the basics of most counseling.

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DOJ Joins Effort to Overturn Obamacare

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Listen to “DOJ Joins Effort to Overturn Obamacare” on Spreaker.

The effort to strike down the Affordable Care Act just got a powerful new ally, as the Justice Department now says the courts should find the 2010 law unconstitutional, and one of the lawyers spearheading the case is thrilled with the news.

“The Trump Justice Department is doing its job to uphold the Constitution,” said Rob Henneke of the Texas Public Policy Foundation. “I commend the Trump administration Department of Justice looking at the reasoning of the court and choosing to defend the rule of law and now seeking to uphold the correct opinion.”

Henneke joined Texas Attorney General Ken Paxton last year in arguing that a federal district judge should rule against Obamacare.  Judge Reed O’Connor agreed, and his decision is now being challenged at the U.S. Court of Appeals for the Fifth Circuit.

Also known as Obamacare, the ACA survived a 2012 Supreme Court battle, when Chief Justice John Roberts admitted the ACA violated the Commerce Clause of the Constitution but allowed the law to stand because the penalties Americans paid to the government for failing to purchase health insurance fell under the power of Congress to levy taxes.

The 2017 tax reform enacted a zero dollar penalty for defying the individual mandate.  So critics like Henneke say there’s no longer a tax and revenue reason to keep the law.

Supporters of the ACA suggest conservatives are hypocritical for two major reasons.  First, they say critics of the Obama Justice Department were incensed when it refused to enforce laws it didn’t like, such as the Defense of Marriage Act, but are only too happy to fight against existing laws now.

Henneke rejects the accusation.

“This duty to defend is a made up doctrine from only the last couple of decades.  It’s not the role of the Department of Justice to win at any cost.  Their role is to seek justice and uphold the Constitution,” said Henneke.

Listen to the full podcast to hear Henneke explain why ACA defenders are also wrong to accuse Republicans of abandoning Americans with pre-existing conditions if the law were struck down.  He also explains where the case stands at the appellate level.

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