Archive for April, 2017

Report: Top Democrats tried to convince Emmy-winning actress to run for office – TheBlaze.com

In lengthy article published by the Washington Post on Sunday, reporter Ben Terris revealed Emmy-winning Hollywood actress Julia Louis-Dreyfus has said shes been approached by top Democrats who wanted her to run for office.

According to Terris, Louis-Dreyfus said she has been approached by top Democrats and asked to run for office. (Not in a million years, she said she told them.)

Louis-Dreyfus didnt tell Terris what the Democrats had in mind or who the top Democrats are.

Louis-Dreyfus stars in HBOs hit comedy Veep, where she has for several seasons played a disgruntled, often ignored vice president thats always stumbling her way through a sea of scandals and political escapades.

Louis-Dreyfus likely isnt the first celebrity Democrats have approached about running for office. Many high-profile people with connections to the Democratic Party have been rumored to be interested in a 2020 White House run or for some other high-level political office.

According to the Financial Times, Mark Zuckerberg, the founder of Facebook; Mark Cuban, the owner of the Dallas Mavericks NBA team and reality-television star; and Bob Iger, the chief executive of Walt Disney, have all expressed interest in running for office since the start of 2017.

In an interview on The David Rubenstein Show, which aired in March 2017, Oprah Winfrey told host Rubenstein she has thought about since Donald Trump surprised the world in November 2016.

I thought, Oh, gee, I dont have the experience, Winfrey said. I dont know enough. And now Im thinking, Oh. Oh.

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Report: Top Democrats tried to convince Emmy-winning actress to run for office - TheBlaze.com

Democrats Lose Argument, Try to Burn Books – Power Line (blog)

Well, to be fair, the Democrats dont want to burn books that point out how unscientific the global warming scare is. They want to recycle them. The Daily Caller reports:

Three senior House Democrats asked U.S. teachers Monday to destroy a book written by climate scientists challenging the environmentalist view of global warming.

The Democrats were responding to a campaign by the conservative Heartland Institute copies of the 2015 book, Why Climate Scientists Disagree About Global Warming to about 200,000 science teachers. Democratic Reps. Bobby Scott of the Committee on Education, Ral M. Grijalva of the Committee on Natural Resources, and Eddie Bernice Johnson of the Committee on Science, Space and Technology all issued a statement telling teachers to trash the book.

But if the arguments in favor of global warming hysteria are so strong, why do they need to trash the book? Why not respond to its arguments?

Just kidding.

Public school classrooms are no place for anti-science propaganda, and I encourage every teacher to toss these materials in the recycling bin, Scott said. If the Heartland Institute and other climate deniers want to push a false agenda on global warming, our nations schools are an inappropriate place to drive that agenda.

Got that? If you make scientific arguments against a fraudulent claim that benefits government, you are anti-science. And if you tell the truth about the Earths climate, you are a climate denier. What a stupid phrase! Do the Democrats mean to imply that some people deny the Earth has a climate? Apparently so.

So who are the anti-science authors of a book that dares to tell the truth about government-funded global warming alarmism?

The books three authors all hold doctorates and taught climate or related science at the university level. The book was written by former Arizona State University climatologist Dr. Craig D. Idso, James Cook University marine geology and paleontology professor Robert M. Carter, and University of Virginia environmental scientist Dr. Fred Singer.

When it comes to the Earths climate, Democratic Congressmen Scott, Grijalva and Johnson are entirely ignorant. But what they do know is that the whole point of global warming hysteria is to give the government more power over the economy. That, they are in favor of! The excuse is mostly irrelevant.

Why do you think our federal government has funded global warming alarmism to the tune of $40 billion? It is all about power and money. And if you blow the whistle on the liberals scam, your book should be thrown in the trash! We wouldnt want Americas students to get a balanced view of the facts relating to climate, not when so much money is at stake.

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Democrats Lose Argument, Try to Burn Books - Power Line (blog)

Dallas Mega March For Immigration Reform Attracts Thousands – CBS DFW

April 9, 2017 3:34 PM

Protesters march through downtown Dallas for immigration reform. (Chopper 11)

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DALLAS (CBSDFW.COM) Several thousand people marched through the streets of downtown Dallas Sunday for immigration reform.

Immigration Reform Mega March in Dallas. (Chopper 11)

Known as Immigration Reform Mega March, people brought signs and waved American flags in what wasa peaceful protest.

The Dallas Police Department estimated between 3,000 and 4,000 people marched through downtown. There were also no reported incidents or arrests.

The last Mega March in 2006 brought together about 500,000 people which was the largest civil rights march in Texas history.

Organizers of the march expected a crowd of about 100,000 people during final preparations last week.

The march started at theCathedral Shrine of the Virgin of Guadalupe on Ross Avenue at around 2:00 p.m.

Marchers stopped at Dallas City Hall where various activists, including Martin Luther King III, spoke to the crowd.

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Dallas Mega March For Immigration Reform Attracts Thousands - CBS DFW

US Supreme Court’s Ruling Bolsters Taxpayers’ First Amendment Right To Pass Through Fees (and Taxes) – Lexology (registration)

On March 29, 2017, in a unanimous ruling, the US Supreme Court ruled that a New York statute, which prohibits identifying a surcharge to customers for credit card payments, regulates speech and is therefore subject to heightened scrutiny. Expressions Hair Design v. Schneiderman, No. 15-1391, 581 US __ (Mar. 29, 2017). The Court remanded the case to the US Court of Appeals for the Second Circuit to determine whether New Yorks statute violates the First Amendment. Although not a tax case, the decision likely implicates state and local tax laws that either prohibit, or require, taxpayers to identify taxes and fees in customer invoices.

Background. New York General Business Law 518 prohibits a seller from imposing a surcharge related to credit card fees. While the statute prohibits a retailer from advertising or separately stating a credit card surcharge, it does prohibit the retailer from charging a different price for credit card and cash sales.

Five New York businesses challenged the constitutionality of the statute, alleging it violated the First Amendment of the United States Constitution by regulating the businesss communication of prices, and by being unconstitutionally vague. The US District Court for the Southern District of New York ruled for the petitioners, finding that the statute regulates speech, not conduct, and is therefore subject to heightened scrutiny. In striking down the New York as violating the First Amendment, the District Court for the Southern District of New York applied a strict scrutiny standard.

On appeal, the Second Circuit vacated the District Court decision, abstaining from the First Amendment issue altogether, by concluding that the statute regulates conduct and not speech. The Supreme Court disagreed and remanded the case back to the Second Circuit for consideration of the First Amendment issue. In its opinion, Chief Justice Roberts wrote: The law tells merchants nothing about the amount they are allowed to collect from a cash or credit card payer. Sellers are free to charge $10 for cash and $9.70, $10, $10.30, or any other amount for credit. What the law does regulate is how sellers may communicate their prices. Expressions Hair Design, at *9.

Eversheds Sutherland Observation The Supreme Courts ruling clarifies that laws regulating how a seller communicates its prices are subject to heightened constitutional scrutiny standard, making it more likely that these laws will not pass constitutional muster.

Background on First Amendment Scrutiny. To apply heightened scrutiny under the First Amendment, a law must regulate speech and not conduct. United States v. OBrien, 391 US 367 (1968). In Expressions Hair Design, the Supreme Court found that simply because a statute regulates conduct does not mean it has no impact on speech. The decision signifies a shift towards more stringent analysis of statutes regulating commercial speech under the guise of regulating conduct. The Supreme Court concluded that regulating the relationship between a sticker price and the price charged means the statute is more than a pricing regulationthe communication of prices constitutes speech. Expressions Hair Design, at *8, n.2, 9.

Tax Statutes and the First Amendment. Although the Expressions case dealt with a surcharge, its reasoning is applicable to state and local tax statutes that require or restrict a taxpayers ability to separately identify taxes and fees on customer invoices. The Expressions ruling signifies that state and local statutes that bar truthful and non-deceptive speech will be subject to heightened scrutiny.

Examples of Challenges to Tax Statues Regulating Speech

In BellSouth v. Farris, the US Court of Appeals for the Sixth Circuit held that Kentuckys telecommunications services tax, which banned providers from collecting the tax directly from consumers and separately stating the tax, was unconstitutional under the First Amendment. BellSouth Telecommns., Inc. v. Farris, 542 F.3d 499 (6th Cir. 2008). The Sixth Circuit concluded that Kentuckys ban did not prohibit the pass through of the tax, but only the telecommunications providers truthful line item stating the tax was charged. Since the speech regulated was truthful and not misleading, the court held that the statute failed heightened scrutiny.

Eversheds Sutherland Observation Following Bellsouth, taxpayers in other states have obtained rulings allowing them to pass through the economic impact of taxes. Taxpayers have also obtained rulings that statutes requiring taxpayers to separately state certain taxes are not required to do so, in certain situations.

Other courts, however, have upheld limited restrictions on taxpayers ability to separately identify taxes and fees. For example, the Washington Supreme Court concluded that businesses may not add the Washington Business & Occupation (B&O) tax as a separate charge to its sales prices, regardless of any prior disclosure to customers. Peck v. AT&T Mobility et al., 375 P.3d 304 (2012). But see Nelson v. Appleway Chevrolet Inc. 157 P.3d 847 (Wash. 2007) (stating that sellers were prohibited from passing through B&O charges, unless they were specifically included in the negotiated final price of the item sold).

Unlike Washington, Texas has allowed surcharging the Texas Franchise Tax if certain conditions are met. Tex. Policy Letter Ruling No. 201008847L (Aug. 6, 2010). Similarly, in Mosser Const., Inc. v. City of Toledo, the Ohio Court of Appeals concluded that the Ohio Commercial Activity Tax does not prohibit a contractor from including the cost of tax in the prices it charges for its services. 2007 Ohio 4910 (Ohio App. 2007).

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US Supreme Court's Ruling Bolsters Taxpayers' First Amendment Right To Pass Through Fees (and Taxes) - Lexology (registration)

The real reason Hillary Clinton lost the US election – Quartz

Five months after the US presidential election, pundits and analysts are still working to understand the factors behind Hillary Clintons defeat. Now a new book by American scholar Susan Bordo, The Destruction of Hillary Clinton, makes a striking argument about the cause of Clintons loss: She had no control of her narrative, particularly as it was shaped by the media.

In culture, controlling the narrative is key to gaining authority. That is why women have historically been denied the right to control their narratives, along with their lives and bodies. Hillary Clintons experience was all womens experience, magnified on a national scale. The problem is that the people who should read Bordos book are the very ones who will not read itno matter how seductive the title appears to misogynists and the Hillary-haters chanting lock her up.

In this regard, Bordos book is bound by the same sexist constraints that hemmed in Clinton: Falling back on mindless misogynist tropes and narratives is economically more efficient than actually paying attention to, and deconstructing, them. Throughout the election, people did not judge Hillary Clinton for themselves, but let the misogynist media do it for them.

Bordos central premise, she explains, is that the Hillary Clinton who was defeated in the 2016 election was, indeed, not a real person at all, but a caricature forged out of the stew of unexamined sexism, unprincipled partisanship, irresponsible politics, and a mass media too absorbed in optics to pay enough attention to separating facts from rumors, lies, and speculation. For her part, Hillary knew, from decades of sexist attacks on her character, that she had to stay focused on the issues, even if that meant she was criticized for not being a showman on the debate stage. As a Vox language analysis of Clintons speeches shows, Hillary spoke primarily about policy and abstained from personal subjects, save the few heartfelt moments in her viral Humans of New York post: I know that I can be perceived as aloof or cold or unemotional. But I had to learn as a young woman to control my emotions. And thats a hard path to walk.

Viewed through a gender lens, the presidential election was nothing less than a manifestation of the Americas ongoing gender war, magnified to mythic proportions: the battle-worn feminist who proclaimed black lives matter faced off against, and lost to, the epitome of toxic masculinity and American exceptionalism. And, after eight years of a contemplative scholar-presidenta black man who embodies the aloha spiritAmerica was all too keen to reclaim its virility in the image of a pompous business tycoon. The magnitude of Americas misogyny was writ large when the nationabetted by the Electoral College, and perhaps the nefarious handiwork of a few international entitiesselected a grossly inexperienced man over an experienced woman.

Bordos feminist analysis is concise and incisive. She moves from the double standards faced by female politicians, often in the form of the likeability penalty, through to a discussion of the ultimate red herring, the emailswhich, she assiduously observes, were the culmination of a decades-long witch hunt against Hillary Clinton. The fact is that it was perfectly legal for Clinton to use a private email server during her tenure as secretary of state; as Bordo points out, the National Archives changed their guidelines about personal email accounts after she left her position. None of the emails Clinton sent while serving as secretary of state were classified as confidential during her tenure. A handful were given this designation years after the fact, and after she left the State Department.

Bordo is at her most powerful when she exposes how the generational gap effectively trapped Hillary in two competing narratives about Hillarys political ideology that divided women largely by age in this election. Depending on ones generation and knowledge of recent political history, Hillary was either the feminist firebrand or the establishment warmonger. In the 20th century, America found Hillary far too liberalSaint Hillary the aspiring philosopher queen, the respectable mastheads like New York Times disparagingly called her. But in the 21st century, Hillary has become known as a money-hungry, power-grabbing member of the establishment. [Y]oung women, Bordo claims, werent going to rush to order a plastic woman card for a candidate that had been portrayed [during the primary] by their hero as a hack of the establishment.

Older women who had lived through the struggle for womens rights could empathize with all that Hillary has incurred. Younger women were indifferent to Hillary as much as they are to the bathwater of this struggle. For them, a female president is inevitablesomeday. They arent, to quote the slanderous phrase, tritely voting with their vaginas.

The narratives about Hillarys marriage to Bill Clinton have also changed over time, reflecting the prevailing social mores and anxieties of the period. Hillary was blamed for Bills gubernatorial reelection loss in 1980 because she was a radical feministthe Lady Macbeth of Little Rock who refused to adopt his surname. But over 30 years later, Bordo notes, she was lambasted for taking his last name and deciding to stay with him after his consensual affair with Monica Lewinsky. Because when things go well for men, its all their doingbut when things go poorly for men, there is always a woman to blame.

A large part of Bordos objective with this book is to counter the deep trove of misogynist material that has been used to discredit Hillary throughout the decades. In this regard, Bordo faces a nearly impossible taska lone voice in the winds of misogyny. But it is admirable. Openly loving Hillary Clinton is, indeed, a radical act.

At one point in her book, Bordo outlines nearly three pages of Hillarys accomplishments (e.g. Helped create the Office of Violence Against Women at the Department of Justice; Helped create the Childrens Insurance Program). Her goal is to disprove Bernie Sanderss ridiculous quip that Hillary was not qualified to be president. If it werent the case that these bullet-points are just brief glimpses at Hillarys long and illustrious resume, they would seem hyperbolic. But this is always the fate of women. To put it bluntly: women have to do twice as well as men in order to get half the credit. Even then, the credit may not be forthcoming if men are intimated by womens intelligence and fortitude and strength.

Unlike Clinton, Sanders was fully in control of his narrativeevident by his ability to deceitfully label Hillary part of the establishment, while righteously declaring himself a revolutionary. This is how, Bordo argues convincingly, Sanders splintered and ultimately sabotaged the Democratic partynot because he chose to run against Hillary Clinton, but because of how he ran against her. Bordo could have pressed harder on this point. But it remains a glaring hypocrisy that liberals who complained about Clintons support of the notorious 1994 Crime Bill overlook the fact that the only 2016 Democratic contender who voted for that bill was Sanders.

Bordos argument would have proven stronger had she more explicitly threaded together how the exact language harnessed against Hillary Clinton by conservatives throughout the 1980s and 1990s was eagerly and blindly appropriated by young liberals during the 2016 presidential election. That critique would have proved devastatingindeed, perhaps far too devastating for publication.

What resonates most in Bordos analysis is how much Hillary has lacked the authority over her own narrativeand how much the media and the general public refused to pay attention to what she had to say. This rings especially true in recent weeks, as more is revealed about the Trump campaigns connections to Russia. All this time, Hillarys been telling us. She warned us, repeatedly, even during the presidential debates, that Trump was Putins puppet. We just havent been listening to her. Because we hate listening to our mothers.

No wonder she likes to be alone in the woods.

Learn how to write for Quartz Ideas. We welcome your comments at ideas@qz.com.

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The real reason Hillary Clinton lost the US election - Quartz