H.R. 367

H.R. 367, the Hearing Protection Act of 2017 has picked up one co-sponsor from New York, Rep. Chris Collins.

Senate companion is S. 59.

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SCOTUS nomination coming

The Donald has announced that he will naming his Supreme Court nominee next week.

Time has a list of his supposed top three contenders.  Of note is Thomas Hardiman:

“… Hardiman is known for protecting gun rights and taking an originalist approach to Second Amendment cases. In Drake v. Filko, which challenged a New Jersey law saying someone seeking a permit must show a “justifiable need” for a gun, Hardiman dissented against the ruling for the state. “Those who drafted and ratified the Second Amendment were undoubtedly aware that the right they were establishing carried a risk of misuse, and States have considerable latitude to regulate the exercise of the right in ways that will minimize that risk,” Hardiman wrote in his dissent. “But States may not seek to reduce the danger by curtailing the right itself.” Much of his dissent was based on the Supreme Court case District of Columbia v. Heller, which is a landmark case on gun rights and arguably Justice Scalia’s most famous majority opinion …”

Newsweek reports 7th Circuit Justice Diane Sykes is also a finalist. On guns:

“… Judge Diane Sykes … wrote a decision striking down a Chicago gun law. The decision found several city ordinances governing shooting ranges unconstitutional, according to the official opinion released Wednesday. Among other regulations, the city banned individuals under 18 from commercial ranges, and restricted their operation to manufacturing districts. Sykes wrote the opinion striking down the regulatory regime …”

Another one is Colorado Supreme Court Justice Allison Eid:

“… Among the judges he may be considering is Colorado Supreme Court Justice Allison H. Eid, who in 2012 wrote the unanimous opinion striking down a ban on licensed concealed handguns at the University of Colorado Denver. The ruling was in a lawsuit brought in 2008 by three CU Denver students seeking to have an existing gun ban lifted at the university. The ruling Eid wrote said that the state’s Concealed Carry Act allows permitted weapons to be carried “in all areas” with narrow exceptions, such as K-12 schools and courthouses, that don’t include college campuses …”

Whomever Trump ends up nominating, head clown Chuck Schumer has signaled his intent to be disruptive:

“… Schumer, who has pledged to block a doctrinaire conservative nominee, was among the senators attending an hour-long White House meeting with the president Tuesday. “I reiterated that view in our meeting today, and told him that Senate Democrats would fight any nominee that was outside of the mainstream,” said Schumer in a statement …”

To his credit, Trump isn’t shying away from a fight:

“… Trump and some Senate Republicans are now openly threatening to kill the filibuster for Supreme Court nominees — a pronouncement sure to inflame a brewing battle with Democrats over Trump’s choice to replace the late Antonin Scalia. Trump said Thursday that he would encourage Senate Majority Leader Mitch McConnell to deploy the “nuclear option” — changing Senate rules on a majority vote — if Democrats block his Supreme Court pick. The president’s stance could amplify pressure on McConnell — a Senate institutionalist who is reluctant to further erode the chamber’s supermajority rules — to barrel through Democratic resistance by any means necessary …”

This is exactly what needs to be done.  Republicans have a long history of preemptive surrender. They need to go on an all-out offensive, call B.S. on Schumer, Pelosi and company, and move court nominees and legislation through Congress over their objections.

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IDC rising

Senator Jose Peralta is switching from the mainline Democrat conference to the IDC:

“… The Independent Democratic Conference will increase its membership to eight lawmakers with the addition of Queens Sen. Jose Peralta … Peralta in the interview said he was “at a crossroads” when making his decision to leave the mainline conference for the IDC, led by Bronx Sen. Jeff Klein. The mainline Democratic conference in a statement blasted the move, though did not mention Peralta by name …”

If the Democrats had their shit together they would control the upper chamber.  For all their faults, the Republicans generally act in unity while the Democrats are all over the place.  Their egos, arrogance, selfishness and stupidity are what keeps them divided.

“… The IDC is retaining a coalition with Republicans in the state Senate, whose conference retains a majority with the inclusion of Sen. Simcha Felder, a Brooklyn Democrat who sits with the GOP in the chamber.”

This simply cannot continue indefinitely.

At some point something is going to happen to permanently shift power to Democrats and that will be the end of the GOP as a major party in the state.  It might be Governor Cuomo will get tired of the Republicans, or maybe Klein and company will.  Demographics could continue to shift or perhaps one or more of the old farts simply drops dead.  Unless there is an immediate, coordinated, 180° shift in policy by the Republicans, doom is in their future.

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Setting an example

The Westchester gun show this past weekend was a big success with larger than expected turnout.  The County Center is a good location and hopefully they will be able to go back to having 2-3 shows there every year.

Rob Astorino deserves a shoutout for standing up to antigun politicians:

“… [County Executive Rob Astorino] vetoed legislation Thursday that moved to ban gun shows on county-owned property. “I tried to look at this issue not in the emotional way, as some people wanted me to do it,” he said. “There was no justification to ban a gun show based on the facts and based on the law.” …”

Other downstate politicians, especially Republicans, should take note of Astornio’s actions.  He called BS on the anti’s hysterics and proved they don’t have the ability to motivate opposition turnout.

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Enter Trump

The Donald was sworn in yesterday as President.  The relief at getting rid of Obama and Hillary has worn off and the reality that Cheeto Jesus is now Commander in Chief has set in.

I was not impressed with his inauguration speech.  It was populism, not principle like Ronald Reagan’s.  Nevertheless, now we’re going to see if Trump is going to live up to his promises.  This is now on the White House website:

Standing Up For Our Law Enforcement Community

“… Supporting law enforcement means supporting our citizens’ ability to protect themselves. We will uphold Americans’ Second Amendment rights at every level of our judicial system …”

Knowing this, I will consider Trump’s 2A promise kept if we get this:

  1. A reciprocity law.
  2. One good justice on SCOTUS.

If he really wants to Make America Great Again I’ll add the following:

  1. Remove silencers from the NFA.
  2. Two good justices on SCOTUS.

If Trump wants America, Fuck Yeah! add this:

  1. Repeal the Hughes Amendment.

H/T: Miguel.

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The fix was in

Sen. Jim Tedisco admits the obvious:

“… Tedisco said he was impressed by what he described as the governor’s candor about their partisan differences. He recalled that someone in the room noted to Cuomo that he had campaigned against a few members of the chamber’s GOP conference in the most recent election cycle. “(Cuomo) said, ‘You can’t call that campaigning,’” Tedisco said — a sentiment sure to warm the hearts of the Senate’s mainline Democratic conference. The governor “mentioned he had $19 million in the bank (for his campaign committee),” Tedisco added. “He mentioned he could use that money very aggressively, and that he didn’t. He mentioned he could have done a lot more in terms of campaigning ….””

Republicans shouldn’t be laughing about this.  They won because Cuomo chose not to use his resources against them.  There is no way he did this out of the goodness of his heart.  Cuomo expects something in return, most likely that the Republicans support his agenda.  Cuomo’s agenda does not include modifying the SAFE Act.

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H.R. 38

The Concealed Carry Reciprocity Act of 2017 has been given a bill number, H.R. 38.

It picked up Chris Collins as a new co-sponsor bringing the total to 132.

There is no Senate companion yet.

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Reaction to a Governor Flanagan

Some blowback at Ed Cox for talking down the possibility of Governor Flanagan:

“… State Republican Chairman Ed Cox’s quick dismissal of talk that state Senate GOP Majority Leader John Flanagan might run for governor in 2018 left some in his party “stunned” and “frustrated.” … Patrick McCarthy, a former state party executive director, was among those who couldn’t understand why his party leader publicly dissed Flanagan, the state’s highest ranking elected Republican …”

Because the notion of him running was so ludicrous it needed to be squashed before it had the chance to take hold and do more damage to the party.

“… At least two Republicans lay some of the blame for the recent uproar on Flanagan himself. They say if he knew word was leaking out that he is considering a gubernatorial run, he should have alerted Cox, who those close to him say was taken by surprise when asked about it by reporters shortly after the report surfaced …”

The public smackdown was much more appropriate.

“… The GOPer said a Flanagan candidacy would face significant hurdles, particularly among upstaters who are angry he voted for Gov. Cuomo’s controversial SAFE Act gun control law. The insider said if Flanagan wants to have a chance to win upstaters back, he’d bring legislation to the floor to repeal the SAFE Act this year. “Some might be criticizing Ed for his response, but I guarantee you there’s an equal amount who were pleased with it,” said one high-profile Republican …”

No, a whole lot of people were happy with Cox’s response.

Senate Republicans will never bring a repeal bill up for a vote because it would require many of their conference to admit they were wrong.  Even if they did there’s no reason for the Assembly to follow suit.  The Republicans simply do not have enough political clout to move much of an agenda.  They have to go along with Cuomo and the Democrats or the hammer will come down on them, they will lose control of the Senate, and that will be the end of it for the party.

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Tom McKevitt rising

Newsday reports that Nassau Assemblyman Tom McKevitt has been elevated to the #2 slot in the Republican Assembly Conference:

“… McKevitt has been named minority leader pro tempore, a title that not only makes him the No. 2 Republican in the chamber but also the guy who will lead the party in floor debates over the state budget and other bills. Previously, McKevitt had been an assistant floor leader, a role in which he frequently fenced with Democrats over the legal details and intricacies of proposed legislation …”

He is not our friend.  McKevitt has a history of co-sponsoring antigun legislation, voting for whatever gun control bills come up including the SAFE Act, and has even accepted campaign donations from New Yorkers Against Gun Violence.

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