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WILL CHEVRON FINALLY RUN OUT OF GAS?

govt-tyrannyThe Chevron Doctrine is a rule adopted by the Supreme Court in 1984.  It says that when the language of a statute is ambiguous, a court must defer to the regulatory agency's interpretation and may not substitute its own judgment.  That is why it is also known as Chevron Deference.

Chevron  has come under mounting attack in recent years as agencies have learned to game the system and to leverage any scintilla of ambiguity into a wholesale assertion of authority.

The Supreme Court has begun saying "enough" and has developed some caveats to check this game.  For example, the newly articulated "major questions doctrine" is essentially the anti-Chevron: if an issue is big enough, then ambiguity dictates that the agency not receive deference.

But the Court has been ambivalent, sometimes applying the doctrine, sometimes finding that the relevant law is not ambiguous, and sometimes not mentioning it. (See here, pp. 24-26.)

Now the Supreme Court has agreed to address directly the issue of whether Chevron should be overruled – much like Roe v Wade. Here’s the story.

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FLASHBACK FRIDAY — A FIRST CONTACT WITH THE NAKED AUCAS

naked-aucas-tribe-and-jwJuly, 1972. That’s what these people were known as back in 1972 who lived in the Amazon forests south of the Napo River in Ecuador killing anyone foolish enough to enter their territory. The Quechuas living along the north bank of the Napo were terrified of them, calling them “Aucas” – naked savages. I found them, as you can see, naked but not savage.

This was a true first contact. A helicopter pilot friend, Tony Stuart, and I chanced upon them, landing in their clearing. We were literally space aliens in a space ship from outer space, for all they knew was the jungle. They had nothing from the outside world. I gave them a box of matches which was the most exciting thing they had ever seen. Despite their fearsome reputation for killing outsiders including missionaries, they smiled and laughed like anyone else.

They also understood trade and exchanging gifts. Beside the matches, we gave them some rope and a small machete (first metal they had ever seen). They gave (without our asking) Tony a hand stone axe, and me a blowgun. After a few hours it was time to go. Our goodbyes to each other were with huge smiles. I will never ever forget them. (Glimpses of Our Breathtaking World #113 photo ©Jack Wheeler)

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WALT DISNEY’S REAL CASTLE

castle-of-st-hilarionThis is the ruins of the Castle of St. Hilarion in Northern Cyprus. In 1191, the Byzantine ruler of Cyprus made the mistake of capturing a ship carrying Princess Berengaria of Navarre and held her hostage. She was the fiancée of England’s King Richard the Lion-Heart. You don’t do that to a guy nicknamed Lion-Heart.

Richard proceeded to conquer the whole island and turned it over to a group of French Catholic knights led by Guy de Lusignan. The knights built a series of fortified castles around the island to ward off the Moslem "Saracens." The most spectacular was atop a vertiginous crag high above the port of Kyrenia named after a crazy hermit who lived near there whom the knights dubbed St. Hilarion.

When Walt Disney was making his classic Snow White and the Seven Dwarfs in 1937, he chanced upon pictures of St. Hilarion’s Castle, which his imagination transformed into the fairy tale castle of the movie. Can you see how he got the idea?

In the castle museum, there’s an explanation with some of Disney’s original sketches based on St. Hilarion’s. Disney was an imaginative genius. (Glimpses of Our Breathtaking World #139 Photo ©Jack Wheeler)

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MYSTERY LAKES OF THE GOBI

mystery-lakes-of-gobi The southernmost portion of the Gobi Desert is called the Alashan in Inner Mongolia. Traversed by Marco Polo in 1273 on his way to meet the Mongol Emperor Kublai Khan, he said it contained a “mystery.”

For in the hidden center of the Alashan is an area known as Badain Jaran, “Mystery Lakes” in Mongolian. There are some 140 of these small lakes surrounded by enormous sand dunes. The photo you see is of one of these lakes, taken in late afternoon on a windless day, with the giant dunes above reflected on the water.

We explored the Badain Jaran on our 2017 Inner Mongolia Expedition.  It is just as magically and mysteriously entrancing now as it was for Polo.  (Glimpses of Our Breathtaking World #32 Photo ©Jack Wheeler)

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IMPRESSIONISM’S ISLAND

lakshadweep Bangaram Atoll, Laccadive Islands, India. The “Lacquered” islands or Laccadives are legendary for the glossiness of the Indian Ocean surrounding them. There are three dozen of these coral atolls over 150 miles off the coast of southwest India – but moorkh Indian bureaucrats insist on calling them “Lakshadweep,” Sanskrit for “100,000. Go figure.

Paintings of the French Impressionists of the 19th century merged dreams and reality. Here that is for real. The beauty in the Laccadives can be so astonishing that it seems surreal – like when the ocean and sky merge into one in a palette of pastels straight from the brush of Monet. Come to Bangaram and you’ll find yourself living inside a painting. (Glimpses of Our Breathtaking World #172 photo ©Jack Wheeler)

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THE HANI RICE TERRACES

hani-rice-terraces The Hani people in the mountains of Yunnan have been carving out rice terraces on dozens of steep mountainsides for over a dozen centuries. After the late fall harvest, in winter they flood the terraces in preparation for spring planting. At sunrise and sunset, the light reflecting off them creates a scene of phantasmagorical surrealism. Unknowingly, the Hani have created one of humanity’s most magnificent works of natural art the world has ever seen. What you see here is only one of hundreds of terraced areas. It is a sight beyond belief. Glimpses of Our Breathtaking World #156 Photo ©Jack Wheeler)

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IMAGINE

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HALF-FULL REPORT 07/28/23

ye-olde-inquisitionYou’ve seen this morning’s (7/28) headline: Special Counsel Jack Smith Adds New Charges Against Donald Trump, which includes indicting his Mar-a-Lago janitor with “destroying classified documents” – which PDJT had the fully legal right to do.

This is getting 100% lunatic ridiculous – obviously spun up as a Look, a squirrel! attention-diversion away from Hunter Plea Collapse-Biden Crime Family headlines.

It’s about time any presidential candidate of moral decency – not just of GOP but also RFK, Jr. -- to promise on Day One of his/her presidency to issue a presidential pardon for any and all corrupt Biden DOJ charges against DJT, request a bill from Congress on the Resolute Desk to sign expunging his two impeachments, release all J6 political prisoners from jail (note they’re in cages above), and appoint a special prosecutor to examine the high crimes and treason of the Biden family.

First one out of the gate on this gets a huge bump in the polls.  A return to a one-tier system of judicial integrity starts here, and an end to the two-tier totally corrupt system the Dems enjoy now.

Okay, here we go. Hang on to your hats for a great HFR ride!

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SKYE’S LINKS 07/27/23

sorry-no-it-isnt-joeAnother Second Amendment victory! The Fifth Circuit has refused to lift their nationwide injunction against the enforcement of Xiden's anti-do-it-yourself Ghost Gun rule:

Biden's Gun Control Backfires After Fifth Circuit Ruling: Ghost Guns Legal Once More

 

How Big Tech messes with hundreds of million minds, and what is being done about it.  This is an illuminating must-read by a very serious professor of behavioral psychology:

'The Perfect Crime': Tech Companies Are Manipulating Our Elections And Indoctrinating Our Children — How We Can Stop Them

 

We need someone in the White House whom we can trust to do what this guy wants. Ramaswamy describes how he will disassemble the administrative state:

Ramaswamy Unveils Plans To Eradicate FBI, Department Of Education, Nuclear Regulatory Commission

 

There’s plenty more, with memes galore that you’ll love. Jump on in!

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MY MARCH MADNESS

ucla-hoops-champs-1964
March 30, 1964 issue

[This Monday’s Archive was originally published on March 29, 2006.  It is a personal story meant to be fun and entertaining, but like all good stories, has an important moral to the story at the end.  I hope you enjoy it and take the moral to heart.]

TTP, March 29, 2006

I don’t know when the term "March Madness" regarding the NCAA Men’s Basketball Championship came into usage, but it was well after my UCLA college days in the 1960s.  This year’s madness is focused on the sympathetic favorite, George Mason, and the nostalgic favorite, UCLA.  It certainly has caused me to recall a March Madness of my very own.

It was 10am Thursday, March 19, 1964.  The Bruins were in the Final Four.  UCLA was to play Kansas State in the semi-finals at Kansas City, Missouri tomorrow, Friday, March 20.

And I was bummed.  My friend John Peterson and I groused about how what a stupid shame it was that we weren’t going to see UCLA make history.  "Do you think we could do it?" I asked John.  "With our thumbs?  Hitchhike to Kansas City?  Why not?" came his reply.  John got his girlfriend to drop him off at the Sigma Nu house, and with $50 between us in our pockets, we were off.

By 8pm we were stranded in the California desert on Route 66 between Barstow and Needles.

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THE ACHILLES HEEL OF MAIL-IN BALLOT FRAUD

achilles-heel-ballot-fraudThe difference between the Republican ballot operation and that of the Democrats is that the Democrats manufacture ballots, whereas Republicans only collect them.

Democrats learned early that running out of ballots to cast on election day is like running out of beer on July 4.  They took that lesson and improvised in ingenious ways.

Ballot-manufacturing appears pretty easy at first but has lots of little complexities.  Mastering those complexities gives our leftist pals unlimited numbers of ballots to handle any surging MAGA candidate.

Manufacturing ballots requires two ingredients: an address and a person.  Here’s the key: Addresses cannot be manufactured.  Voters can.

Democrats can create all the voters they want from homeless shelter lists, but they face a constraint: every voter must tie to an address.  It is this constraint — fixed addresses — that is the Achilles heel for mail-in voter fraud.

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THE HUNTER PLEA DEAL COLLAPSE

Federal Judge Maryellen Noreika
Federal Judge Maryellen Noreika

This morning (7/26), Federal Judge Maryellen Noreika refused to accept the Hunter Biden sweetheart plea deal that the Department of Justice was prepared to sign off on with no prison time and only misdemeanor charges.

So, now the parties have two weeks to satisfy the judge with a new plea agreement. No doubt, Hunter desperately wants to avoid any prison time. I don’t know if he has actually beaten his drug addiction, and with his prominence and mouth full of false teeth, he would be a target for prison brutality of the worst sort.

But the DOJ prosecutors must fear rejection of a new deal that does not include prison time and which immunizes Hunter from further prosecution, so coming to an agreement in two weeks may be difficult.

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JASON ALDEAN’S PRIMAL SCREAM

boycotting-lessonsOn July 13, 2023, a country western artist little known outside his genre stepped into the national spotlight when he released a video of a song that channeled the feelings of more than 100 million Americans.  Maybe a lot more.

In less than a week it was ranked #1 on iTunes and as of July 25 it is the #1 trending music video on YouTube. But you won’t see it on Country Music Television, because it’s been banned.

By now the story line is well established. Jason Aldean, 46 years old, who already had 24 number 1 hits on the US country charts, has released a music video where against a backdrop of protests and rioting, he sings “don’t try that in a small town, see how far you make it down the road…”

Reaction to Aldean’s alleged endorsement of vigilantism and allegedly coded racist undertones has been swift and unrelenting. Which is why what Aldean’s song represents, and the reason for its popularity, is much bigger than the song itself, or the artist who sings it.

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FIVE WAYS AYN RAND PREDICTED AMERICA’S CURRENT POLITICAL CRISES DECADES AGO

Ayn Rand, 1957
Ayn Rand, 1957

Many foundational pillars of society in the United States appear to be crumbling right now before our eyes, weakened by an erosive array of social, economic and political forces.

The deterioration of traditional cultural norms and the social upheaval that’s followed — from the living room to classroom the boardroom — is no surprise to Ayn Rand scholars.

The celebrated Russian-born American author and philosopher predicted with haunting accuracy many of the nation’s current crises.

Among her observations: Government would encroach on parental rights, stifle academic and scientific research, and fuel a dangerous mentality of victimhood.

Even her biggest fans might be surprised at her prescient insight into the state of America today.

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FLASHBACK FRIDAY – CLIMBING MOUNT OLYMPUS

mount-olympus

August, 1971. Here is where the Ancient Greeks believed their 12 Olympian Gods lived, on the summit of the highest peak of Olympus – Mytikas at 9,571ft/2,918m. There are 52 jagged prominences of Olympus, but if you want to commune with Zeus, Apollo, Aphrodite, Athena and the rest, this is where you go.

It takes just two days: morning drive from Athens (4 hrs) to Litochoro, then the roadhead at Priona (2,500ft). Afternoon hike of some 3 hours through pretty pine forests to the comfortable Spilios Agapitos refuge (6,700ft) for dinner and a bunk bed overnight. You’re up at dawn for a strenuous but not technical climb up to Skala peak at 9,400ft. In my photo, you’re looking at Mytikas from Skala. It’s a Class B rock scramble – no ropes or gear, but this shouldn’t be your first mountain rodeo. Be careful!

I was by myself at the Mytikas summit and no selfies in those days, so I said my greetings to the gods, and I was back down at the refuge by lunchtime. You’ll be back at the Plaka below the Acropolis in Athens for ouzo and dinner. (Glimpses of Our Breathtaking World #45 photo ©Jack Wheeler)

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