Supreme Court releases January 2022 argument calendar

Last week the U.S. Supreme Court released its January argument calendar for the 2021-2022 term. The eight cases set for argument range from immigration to campaign finance.

Jan. 10 Gallardo v. Marstiller concerns tort claims and state Medicaid program reimbursement.

“Whether the federal Medicaid Act provides for a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the portion of the beneficiary’s tort recovery that compensates for future medical expenses.”

Jan. 11 Johnson v. Arteaga-Martinez concerns the right of non-citizens in immigration detention to a bond hearing.

“Whether an alien who is detained under 8 U.S.C. 1231 is entitled by statute, after six months of detention, to a bond hearing at which the government must prove to an immigration judge by clear and convincing evidence that the alien is a flight risk or a danger to the community.”

Garland v. Gonzalez concerns the right of non-citizens in immigration detention to a bond hearing and the jurisdiction of federal courts to grant certain types of relief in such cases.

“1. Whether an alien who is detained under 8 U.S.C. 1231 is entitled by statute, after six months of detention, to a bond hearing at which the government must prove to an immigration judge that the alien is a flight risk or a danger to the community.
2. Whether, under 8 U.S.C. § 1252 (f) (1), the courts below had jurisdiction to grant classwide injunctive relief.”

Jan. 12 Boechler, P.C. v. Commissioner of Internal Revenue concerns the time limit to file petitions with the United States Tax Court to review Internal Revenue Service (IRS) determinations.

“Section 6330(d)(1) of the Internal Revenue Code establishes a 30-day time limit to file a petition for review in the Tax Court of a notice of determination from the Commissioner of Internal Revenue. 26 U.S.C. § 6330(d)(1). The question presented is:

“Whether the time limit in Section 6330(d)(1) is a jurisdictional requirement or a claim-processing rule subject to equitable tolling.”

Jan. 18 Shurtleff v. City of Boston concerns religion, government speech, and whether a city flagpole is a public forum.

The case concerns religion, government speech, and whether a city flagpole is a public forum.

Cassirer v. Thyssen-Bornemisza Collections Foundation concerns Foreign Services Immunities Act (FSIA) and Holocaust Expropriated Art Recovery Act (2016) claims.

“Whether a federal court hearing state law claims brought under the FSIA must apply the forum state’s choice-of-law rules to determine what substantive law governs the claims at issue, or whether it may apply federal common law.”

Jan. 19

Federal Election Commission v. Ted Cruz for Senate concerns federal election law and political campaign finance rules and spending limits.

  1. “Whether appellees have standing to challenge the statutory loan-repayment limit.
  2. “Whether the loan-repayment limit violates the Free Speech Clause of the First Amendment.”

Concepcion v. United States concerns sentencing requirements and reductions for drug offenses under the Fair Sentencing Act of 2010 and the First Step Act.

“Whether, when deciding if it should “impose a reduced sentence” on an individual under Section 404(b) of the First Step Act of 2018, 21 U.S.C. § 841 note, a district court must or may consider intervening legal and factual developments.”

To date, the court has agreed to hear 49 cases during its 2021-2022 term. Four cases were dismissed and one case was removed from the argument calendar. Eight cases have not yet been scheduled for argument.

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From award-winning Texas author Cynthia Leal Massey

Urgent Action Item for Patriots Against Federal Charge per Mile in Your Car

The US House is set to pass a multi-trillion infrastructure bill on September 30 that includes a charge by mile pilot program.

Charging you for every mile (.08 cents per mile) you drive is a like a national toll tax. We all know how fast tolls go up, too. This is part of the agenda to tax you out of your car and make it so you have little ability to drive because it’ll be unaffordable.


We’ve learned most pilot programs become PERMANENT quickly, especially since this bill also gives Transportation Secretary Pete Buttigieg a virtual blank check to implement it as he sees fit with no further input from congress (which is just the way they like it – they can pass the buck – and blame – to the bureaucrats!).

URGENT ACTION ITEM


The only way to stop this train wreck is to melt down the phones of your member of congress as well as 4 senators:


1) Call your member of congress. Find out who represents you here. (Note: Be sure to contact your US Representative, not your state rep and state senator)


2) Call these U.S. Senators

U.S. Senator John Cornyn at 202-224-2934

U.S. Senator Ted Cruz at 202-224-5922

U.S. Senator Joe Manchin at 202-224-3954

U.S. Senator Kyrsten Sinema at 202-224-4521


The first two are our U.S. senators from Texas. Cornyn is a elitist globalist who has no problem with tolls, higher taxes, big spending, and bad road policy like this charge by mile scheme that knocks the ‘peasants’ off our public roads so they can whiz around with ease. He’s a squish and needs encouragement from Texans to vote ‘No’ on this bill.


The last two are considered moderate Democrats from swing states who are not necessarily an automatic ‘yes’ for everything their party is trying to push. 

I haven’t been able to confirm (it’s 10:30 p.m. here Wednesday in Texas), but am hearing Manchin will vote against Joe Biden and Nancy Pelosi on this.

They also need encouragement to stand strong against this bill. It will hurt the working class in the midst of an exceptionally tight labor market.


If you can’t reach their DC office number, call their district offices until you reach a LIVE person!
Read how Republicans are more than happy to go along with the bill HERE.

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From award-winning Texas author Cynthia Leal Massey.

Ted Cruz Puts Liberal Reporter in His Place During Live Press Conference

Texas Senator Ted Cruz put a reporter in his place in front of television cameras during a press conference Wednesday.

“Would you mind putting on a mask for us?” an unidentified journalist suddenly asked.

“Yeah, when I’m talking to the TV camera, I’m not going to wear a mask,” Cruz responded. “All of us have been immunized, so…”

The reporter responded, “It’d make us feel better.”

Cruz smiled and diplomatically told the obvious liberal, “You’re welcome to step away if you’d like. The whole point of the vaccine — CDC guidance is what we’re following.”

After the exchange went viral, Cruz tweeted (Click to view):

“Lefty reporters have lost their minds. #commonsense”

Texans Praise Ted Cruz and Ridicule Democrat Controlled Media Over Family Cancun Trip

While the Harris-Pelosi-Soros-Obama-Biden White House is working hard to keep #46 awake long enough to sign more destructive and decisive Executive Orders, the media diverts America’s attention away.

The hypocrisy of Democrats peaked when they played the gotcha game when Senator Ted Cruz flew his family to Cancun during the snow and ice weather that blanketed all of Texas.

The vast majority of Texans–except far left Beto O’Rourke-type indoctrinated disciples of George Soros–are laughing about the typical hypocrisy of mainstream media and follower sheep.

Reminiscent of their failures to recall BLM-Antifa destruction during 2020 riots, Democratic Governors locking our grandparents in nursing homes to die, Pelosi, Newsom and other socialist politicians disobeying their own mandates with salon, restaurants, and exotic travel (without their masks on), this time the crybabies made certain to emphasize the Cruz’s family trip.

“This has been an infuriating week for Texans,” Sen. Cruz explained. “The greatest state in the greatest country in the world has been without power. We have food lines, gas lines and people sleeping at the neighbors’ houses. Our homes are freezing and our lights are out. Like millions of Texans, our family lost heat and power too.”

“With school cancelled for the week, our girls asked to take a trip with friends. Wanting to be a good dad, I flew down with them last night and am flying back this afternoon. My staff and I are in constant communication with state and local leaders to get to the bottom of what happened in Texas. We want our power back, our water on and homes warm. My team and I will continue using all our resources to keep Texans informed and safe.”

Hysterical hypocrites happily hyped their sky-is-falling message, but most Texans laughed, wishing their favorite senator the best and thanked him for his leadership. “Well deserved and smart move,” one of my social media friends said.

Here are some of the choice responses:

Texas Senator John Cornyn Responds To His Lack of Support For Trump and Fight Against Election Fraud

Senator John Cornyn (R-Texas) was inundated with correspondence and emails concerning his lack of supporting President Donald J. Trump in his fight to stop the election fraud of November 2020 and the Electoral College certification of January 2021.

One of my favorite political moments in 2020 was when Cornyn eloquently asked Amy Coney Barrett about her note pad during her Senate confirmation hearing

But while Texas Senator Ted Cruz remained a steadfast and loyal supporter of Trump throughout the political battle, Cornyn backed off.

When Democratic Congresswoman Alexandria Ocasio-Cortez of New York tweeted, “Sen. Cruz, you must accept responsibility for how your craven, self-serving actions contributed to the deaths of four people yesterday,” when the U.S. Capitol was stormed on January 6.

While Cornyn joined his Democratic and some of his Republican colleagues in rushing to judgement without evidence that people who breached the Capitol were provoked by Trump, Cruz was in line with truth and wisdom.

Ted Cruz with Texas Gov. Greg Abbott

“You are a liar,” Cruz tweeted back. “Leading a debate in the Senate on ensuring election integrity is doing our jobs, and it’s in no way responsible for the despicable terrorists who attacked the Capitol yesterday. And sorry, I ain’t going anywhere.”

Here is Cornyn’s response to me on January 27, after I emailed him my concerns about his lack of support for Trump in December.

Thank you for contacting me regarding the certification of the Electoral College vote on January 6, 2021. I appreciate having the benefit of your comments on this important matter.

On January 6, 2021, the quadrennial joint session of Congress to count the Electoral College votes of the 50 states and Washington, D.C. was disrupted when demonstrators stormed the Capitol, fought with law enforcement, and attempted to disrupt our democracy. This stunning display of disrespect for the law is un-American, and those that attacked the Capitol should face the full extent of the law. I applaud the U.S. Capitol Police officers who stood bravely in harm’s way, and am deeply grateful to all of the law enforcement professionals and first responders who deployed to help restore order. This assault did not succeed in deterring or intimidating Congress, and we ultimately reconvened and certified the vote of the Electoral College. The violence we saw only underscores the importance of our duty as lawmakers to support and defend the Constitution. Americans deserve better than the disturbing and avoidable episode that played out at our nation’s Capitol. It is incumbent upon us to demand better from each other.

The Constitution affords all Americans the right to vote, and integrity of our elections is fundamental to preserving this right. Many Americans are concerned about the integrity of the election, and I share the belief that allegations of irregularities and fraud need to be investigated to their fullest extent. At a time when trust in our institutions is near an all-time-low, we must remain vigilant and continue to work together to preserve the right to vote and improve our election procedures. To that end, I believe that establishing an independent, bipartisan commission – much like was done following the 2000 and 2004 elections – to examine election irregularities and establish best practices is an important response.

President Trump’s legal team filed numerous lawsuits across multiple states challenging the election outcome. I fully supported President Trump’s right to challenge those results and pursue legal remedies provided under the Constitution, as well as federal and state law. However, none of the legal arguments or evidence presented by the President’s legal team convinced the more than 50 state and federal courts that sat in judgment. Every single lawsuit was ultimately rejected, some on the merits, some on procedural grounds, but both equally dispositive. These lawsuits were heard by well-respected jurists – many of whom were nominated by President Trump himself.

As a former judge, I approached the certification of the Electoral College vote with the same impartial, evidence-based decision-making as I did my job on the bench. But as I said before January 6th, I do not view my job under the Constitution and laws of the United States as a court of last resort. I followed the election recounts and court cases brought by the President’s legal team very closely, and determined the evidence and arguments presented did not warrant overturning the election results.

I appreciate having the opportunity to represent Texas in the United States Senate. Thank you for your comments on this important issue.

Sincerely,

JOHN CORNYN

United States Senator

517 Hart Senate Office Building

Washington, DC 20510

Tel: (202) 224-2934

Fax: (202) 228-2856

http://www.cornyn.senate.gov

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President Joins 250,000 Marching American Patriots in D.C.

President Donald J. Trump, appearing before a crowd nearing a quarter of a million patriots, walked off the stage in the White House South Lawn at 1:11 p.m. telling the crowd, “Let’s march on to the Capitol.”

“Look at this,” President Trump observed, from the White House Ellipse. “This is our biggest crowd…this goes all the way back to even on the other side of the Washington Monument.”

Due to arrive at the mass gathering, Patriots stood in the cold for six hours waiting to hear from their president. Sons Eric and Don Jr., along with Lara Trump and Kimberly Guilfoyle, made brief, but motivating speeches an hour before the President appeared.

Lee Greenwood’s God Bless the USA song played as Trump walked on stage.

“The media will not show you the magnitude of this crowd,” Trump pointed to his audience, a sea of red, white and blue supporters. “The fake news doesn’t want anyone to know they came around the world, across the nation to be here for America.”

“The media is the single biggest problem we have,” Trump said. “We know. We know they helped rig the election like never before.”

“Thousands of thousands of votes were stolen like never before and the fake news media helped them and supported it.”

“We will never concede. You don’t concede when it was stolen. We will stop the steal…I’ve been in two elections and won both of them and this last one by over 12 million more votes than the first.”

“That’s 12 million more people than four years ago,” Trump said. “That’s never been done…we will not let them silence your vote. We are not going to let that happen.”

“I just spoke to Mike (Pence),” Trump said. “I told him it takes courage. Let’s hope he does what he should today.”

“They could use Rudy (Giuliani) back in New York City,” Trump laughed. “Rudy, your city is going to hell.”

“For years the Democrats have gotten away with this and now have been using the Pandemic as an excuse to rig the election. They’ve been getting away with this, but some weak Republicans too. These are weak Republicans. They are pathetic Republicans. But we know who they are now. This has all made us smarter.”

“You’re the smart ones. You’re the o rd who built this country, not the ones destroying it. You have to get your people (political leaders) to fight and we are going to primary them. This has been a pure theft of the American election.”

“By late in the evening I had won the election and then out of nowhere, like some great miracle there were these explosions of bullshit.”

In unison, likely the first time in history 250,000 people began chanting, “Bullshit. Bullshit. Bullshit…”

“We look at the facts,” Trump tried to quiet them down. “We do not have a free press. It suppresses speech and is threatening to our country. Some Republicans are like a boxer with his hands tied behind his back. They want to be so nice or they are afraid. You can’t keep a country if you are afraid. You fight.”

“After this, and I will be there with you, we will be walking from here to your nation’s capitol and we will be supporting your cause, peacefully and patriotically. History is going to be made.”

“The only back up left to the Democrats is the veto power of the President,” Trump reminded everyone after hearing of the rigged runoff Senate election in Georgia.”You have the dumbest governor in the United States. And that Secretary of State…”

Trump acknowledged the brave 13 senators led by Ted Cruz, Josh Howley and others.

Some of these weak politicians have allowed “China to destroy them,” the President asserted. “They wanted to give Americans $600. I said no we need to give them $2000, we will make it up and pay it back, but they need something to live on.”

“The American people do not believe the media anymore. Now the media goes silent. They suppress. That’s communism. We have a corrupt media. It’s suppression. They’ve lost all credibility.”

“The Supreme Court,” Trump mentioned. “It seems they are going out of their way to rule against us.”

“Every swing state, Democrats made illegal changes to the election. In Pennsylvania, the Secretary of State and state’s Supreme Court justices illegally abolished the signature verification eleven days before the election. Only the legislature can do that. They had 205,000 more ballots than there are voters in Pennsylvania. That number is even greater as we are finding out today.”

“Pennsylvania was defrauded. Over 8,000 dead people voted and some dead people requested ballots to vote.”

“More than 10,000 votes were illegally counted AFTER election day. Over 60 thousand ballots were returned BEFORE they were even mailed out.”

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Drums of American Freedom Will be Beating Against Political Corruption, But Support for Trump Jan. 6th

Today, security measures are underway in preparation for the who-knows-how-many American Patriots arriving Wednesday for the March For Trump and other rallies in Washington DC on January 6th.

Portable restrooms along the Mall are being set, but currently cabled and locked, as security dogs sniff for signs of explosives. Large concrete barriers are placed in strategic locations to control crowds and enforce safety.

It’s all usual standard procedures, but this time, no one actually knows how many marchers will be there.

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Update: National Guard Requested by DC Mayor

Mayor Muriel Bowser of Washington D.C. has officially requested National Guard help for January 5th and 6th:

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Some hotels are reporting full capacity. Bus caravans are selling out. Measures are being taken to provide food trucks and water to the masses in order to circumvent District of Columbia restrictions for restaurants due to China Virus concerns.

Organizers for the DC march and peaceful protests at state capitol buildings are spreading “the word to bring a drum and beat the drum during the vote certification for all of Washington DC to hear. If the numbers are large that would certainly make a statement.”

“The nation will be watching. We are going to focus on beating drums while the joint session is in progress,” said Betty Betrall. “The millions of American voters watching the proof being revealed will see a slimy trail of corruption unfold.”

“We are outraged at how our votes for President Trump were criminally erased,” she said. “American Patriots will not stand for this. We stand, march and beat the drums together.”

Congressional phone banks are reporting their mail boxes being over loaded from calls demanding their support against the election fraud and support for the President.

Each day, patriots are increasingly emailing and calling their Congress people to demand the electoral votes from the contested states be rejected, not certified.

“Citizens are unleashing a fierce wave of righteous worthy outrage,” an aide from Senator Ted Cruz’s Austin office said. “We haven’t seen anything like this.”

I have not been able to talk with anyone from the Senator John Cornyn camp, but know tens of thousands of his constituents are concerned for his lack of support for President Trump.

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Texas Senator Ted Cruz Sends Message to America

The following is a message to America from Senator Ted Cruz (TX-R):

America is a Republic whose leaders are chosen in democratic elections. Those elections, in turn, must comply with the Constitution and with federal and state law.

When the voters fairly decide an election, pursuant to the rule of law, the losing candidate should acknowledge and respect the legitimacy of that election. And, if the voters choose to elect a new office-holder, our Nation should have a peaceful transfer of power.

The election of 2020, like the election of 2016, was hard fought and, in many swing states, narrowly decided. The 2020 election, however, featured unprecedented allegations of voter fraud, violations and lax enforcement of election law, and other voting irregularities.

Voter fraud has posed a persistent challenge in our elections, although its breadth and scope are disputed. By any measure, the allegations of fraud and irregularities in the 2020 election exceed any in our lifetimes.

And those allegations are not believed just by one individual candidate. Instead, they are widespread. Reuters/Ipsos polling, tragically, shows that 39% of Americans believe ‘the election was rigged.’ That belief is held by Republicans (67%), Democrats (17%), and Independents (31%).

Some Members of Congress disagree with that assessment, as do many members of the media.

But, whether or not our elected officials or journalists believe it, that deep distrust of our democratic processes will not magically disappear. It should concern us all. And it poses an ongoing threat to the legitimacy of any subsequent administrations.

Ideally, the courts would have heard evidence and resolved these claims of serious election fraud. Twice, the Supreme Court had the opportunity to do so; twice, the Court declined.

On January 6, it is incumbent on Congress to vote on whether to certify the 2020 election results. That vote is the lone constitutional power remaining to consider and force resolution of the multiple allegations of serious voter fraud.

At that quadrennial joint session, there is long precedent of Democratic Members of Congress raising objections to presidential election results, as they did in 1969, 2001, 2005, and 2017. And, in both 1969 and 2005, a Democratic Senator joined with a Democratic House Member in forcing votes in both houses on whether to accept the presidential electors being challenged.

The most direct precedent on this question arose in 1877, following serious allegations of fraud and illegal conduct in the Hayes-Tilden presidential race. Specifically, the elections in three states-Florida, Louisiana, and South Carolina-were alleged to have been conducted illegally.

In 1877, Congress did not ignore those allegations, nor did the media simply dismiss those raising them as radicals trying to undermine democracy. Instead, Congress appointed an Electoral Commission-consisting of five Senators, five House Members, and five Supreme Court Justices-to consider and resolve the disputed returns.

We should follow that precedent. To wit, Congress should immediately appoint an Electoral Commission, with full investigatory and fact-finding authority, to conduct an emergency 10-day audit of the election returns in the disputed states. Once completed, individual states would evaluate the Commission’s findings and could convene a special legislative session to certify a change in their vote, if needed.

Accordingly, we intend to vote on January 6 to reject the electors from disputed states as not ‘regularly given’ and ‘lawfully certified’ (the statutory requisite), unless and until that emergency 10-day audit is completed.

We are not naïve. We fully expect most if not all Democrats, and perhaps more than a few Republicans, to vote otherwise. But support of election integrity should not be a partisan issue. A fair and credible audit-conducted expeditiously and completed well before January 20-would dramatically improve Americans’ faith in our electoral process and would significantly enhance the legitimacy of whoever becomes our next President. We owe that to the People.

These are matters worthy of the Congress, and entrusted to us to defend. We do not take this action lightly. We are acting not to thwart the democratic process, but rather to protect it. And every one of us should act together to ensure that the election was lawfully conducted under the Constitution and to do everything we can to restore faith in our Democracy.

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