The Countertop Chronicles

"Run by a gun zealot who's too blinded by the NRA" - Sam Penney of

Sunday, July 31, 2005

Another person to shoot

Image hosted by Photobucket.comIf I were King of the World, Norris Cole would be dragged out back and shot too.

"Found out that it was him that shot my dog after finding the gun on him," Ortiz said.

Investigators say it was a .22 caliber pistol.

Cole had apparently placed the border collie-lab mix in trash bags and had already carried him out to his truck when the story unfolded.

"I was very upset," Ortiz said. "I really miss him a lot. It's not the same without him."

After questioning, deputies say Cole said that he was tired of the dog constantly barking.

Just on the other side of Ortiz's fence is the Plantation House, an upscale home rented out year round to host private weddings.

It's also the home of Cole, who valued peace and quiet for his family's business.

Of course, the ATF is once again trying to cause trouble.
Meanwhile, ATF investigators said Cole had some sort of silencer or flash suppressor on the gun, which could be illegal
Uh, either he did or he didn't and its either legal or not. A Flash Suppresor is legal, as is a silencer (if he's paid the tax on it). Either way, its not too difficult to tell what was on it. Shouldn't the ATF have at least done the 10 seconds of due dilligence it would take to figure out what was on the gun before making dumb statements?? Oh, thats right, if it wasn't for idiotic statements, they would probably be out of a job.
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This is from a thread at The High Road.

You tell me, are these guys future Darwin candidates?

Eat and Be Well

With Congress out, life improves. Nothing helps more than the now annual DC Summer Restaurant Week. It goes on all week long with special lunch menus at $20.05 and dinner menus at $30.05.


DC Dining

The Wife and I hit Ceiba, one of DC's newest and trendiest restaurants for dinner Friday night. The food was good (if a bit overpriced) and its presentation was excellent.

I had the Hemmingway Mojito and she had a couple of Batida's to drink (yummy). We split the Golden Tomato Gazpacho which was much bigger portion than any one person could finish. With a dolop of tomato sorbet in the center, it was simply delectable.

For the main course, my wife had the Crispy Green Plantain Atlantic Salmon while I had a Grilled Tuna special. Desert was great, I had perhaps the the smoothest Flan I've ever had and she had the Dulce De Leche Cheesecake.

As the Washington Post said in their review,
Pastry chef David Guas’s endings extend the Latin theme, and I have yet to find a single dessert I can say no to

Anyway, what was a warm and pleasant feeling while leaving turned sour fast. On the way out, I walked into the mens restroom to take a leak and the guy at the urinal next to me was a waiter. After finishing his business, he proceeded to walk out without flushing OR WASHING HIS HANDS.

Yuck!!! At least he wasn't mine.

Minority In Perpetuity

Apparantly, Hamilton County Tennessee's Democrats still haven't gotten the Dean Message - and seem destined to marginalize themselves even more (as if that was possible).

How else do you explain pushing the ludicrous views of the Guardian UK that Glock, S&W, and Colt are the moral equivilent of Hitler. I guess no one's explained to them what historical figure actually shared their desire for more gun control and torching of civil rights.

In Wilderness

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The New York Times has an update on America's remaining wilderness.


I've always thought it was amazing how a retail operation simply assumes a high quantity (as high as 30%) of their profits will regularly be lost to theft - most often in the form shoplifted items.

Like the barbarians at the gates, we've seen for 1000 years that complacency doesn't resolve the problem, it only makes it worse. Thats what retail outlets are now finding out as organized crime is wrecking havoc on them.

But theft has been growing so fast that retailers are only now recognizing the role that organized crime is playing in the industry's growing losses. Wade of Hecht's said sometimes a major theft will go unnoticed until the store does inventory and finds, for example, 400 missing ties and 200 missing shirts.

Of course, what can they expect when there has been a history of turning the other cheeck.
"I'm going after a guy right now that's been arrested 56 times," Walgreen's Biggs said. "I've got to put together a case that can show this isn't your typical little shoplifter."

The day after making that statement, Biggs called back to say he had just arrested the same shoplifter for the 57th time.
I know people get upset about 3 strikes and your out laws, how about a 50 strikes and your out law. Why should this thing be allowed back on the streets?? Its not as if someone who has been caught shoplifitng 57 times (and not caught 5,000 times) is stealing the basics needed to live.

All of this reminds me of a friend who used to work undercover security at the West Town Mall in Knoxville. He was employed by a department store to act as if he was just shopping - he would wear tie dyes and jeans (or shorts) to work - and then catch people in the act. Problem was, in this particular store, they had a tremendous amount of "gay cruising" in the rest rooms that he would end up spending half his time chasing random lovers out of the rest roomes (and sometimes the dressing rooms) that he often didn't have enough time to police the store.

What Crap

I like Condi Rice.

I like her a lot, but her plan to combat rapes in Darfur is simply crap.

After talks earlier Thursday in Khartoum, Sudan's capital, Rice said she had obtained a commitment from senior Sudanese officials, including the president, Lt. Gen. Omar Hassan Bashir, to implement a plan to halt sexual attacks against women. The plan, which calls for a public campaign against violence and the prosecution of rapists, was conceived by Rice's deputy, Robert B. Zoellick, who presented it to the Khartoum government during a visit two weeks ago.

Notwithstanding the failure of the Sudanese to ever meet their commitments, even if they did, this does nothing to stop rapes. Its simply worthless (or worse) window dressing. Want a real solution??? How bout some shipments of surplus handguns???

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Saturday, July 30, 2005

Chuck The Schmuck

The New York Time's magazine has an interesting interview with Chuckie Schumer in tomorrow's edition. Its actually rather truthful, more truthful than you usually find him. Of course, he can't get through any interview without taking a swipe at the President. At least he's beginning to understand the problem though.

The president should be a leader on this. Englishmen are proud of London. And Frenchmen are proud of Paris. But Americans are not proud of New York

Actually, most American's seem to rather despise New York with a passion. If Chuck the Schmuck really wanted to help his state out (or at least the city), he'd work on correcting all the reasons that cause most American's to hate New York .

Fighter Pilot: Operation Red Flag

Took my son to see Fighter Pilot: Operation Red Flag at the IMAX Theater in the Air and Space Museum today.

WOW!!!! Its as good as the reviews.
The true story of a cocky flyboy who competes in a combat-training program, it is Imax movie as world's largest video game. With unrivaled access to military procedure and camera angles that are both jaw- and stomach-dropping, the movie is a need-for-speed seduction that will delight both PlayStation jockeys and those Tom Cruise wannabes with "Top Gun" forever in their DVD players.

Fast, slick, and full of fancy 'splosions, it's also the largest, most manipulative military recruiting ad you've ever seen -- Boeing is the main sponsor, the Air Force its main star. You fully expect to find Donald Rumsfeld waiting outside the theater to sign you up.
Sign me up.

Have A Great Weekend

I'll leave you with this cool picture.

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See you on Monday.

Blog Rolling

With the updated look I thought it might also be a good time to update my blog roll. If your not on it and I've linked to you in the past, or you have linked to me, or you just simply think I ought to be checking your blog (or other web page) out and blog rolling it post a comment here or send me an email and I will get you hooked up.

I know there are at least a half dozen sites that need placement, and probably a half dozen needing to come down.

I look forward to your suggestions.

S 397 passes 65-31!

The Protection of Lawful Commerce In Arms Act passed the Senate today 65-31 with only one minor amendment requiring new guns to come with some sort of gun lock. Since over 90% of guns already come with them, and there is no requirement that they be used, its essentially a meaningless amendment.

For your record, here's a tally of the vote with the enemies of freedom highlighted.

Alabama: Sessions (R-AL), Yea Shelby (R-AL), Yea
Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
Arkansas: Lincoln (D-AR), Yea Pryor (D-AR), Yea
California: Boxer (D-CA), Nay Feinstein (D-CA), Not Voting
Colorado: Allard (R-CO), Yea Salazar (D-CO), Yea
Connecticut: Dodd (D-CT), Nay Lieberman (D-CT), Nay
Delaware: Biden (D-DE), Nay Carper (D-DE), Nay
Florida: Martinez (R-FL), Yea Nelson (D-FL), Yea
Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
Illinois: Durbin (D-IL), Nay Obama (D-IL), Nay
Indiana: Bayh (D-IN), Nay Lugar (R-IN), Yea
Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
Kansas: Brownback (R-KS), Yea Roberts (R-KS), Not Voting
Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
Maryland: Mikulski (D-MD), Nay Sarbanes (D-MD), Nay
Massachusetts: Kennedy (D-MA), Nay Kerry (D-MA), Nay
Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
Minnesota: Coleman (R-MN), Yea Dayton (D-MN), Nay
Mississippi: Cochran (R-MS), Yea Lott (R-MS), Yea
Missouri: Bond (R-MO), Yea Talent (R-MO), Yea
Montana: Baucus (D-MT), Yea Burns (R-MT), Yea
Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
Nevada: Ensign (R-NV), Yea Reid (D-NV), Yea
New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Not Voting
New Jersey: Corzine (D-NJ), Nay Lautenberg (D-NJ), Nay
New Mexico: Bingaman (D-NM), Nay Domenici (R-NM), Yea
New York: Clinton (D-NY), Nay Schumer (D-NY), Nay
North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
North Dakota: Conrad (D-ND), Yea Dorgan (D-ND), Yea
Ohio: DeWine (R-OH), Nay Voinovich (R-OH), Yea
Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
Oregon: Smith (R-OR), Not Voting Wyden (D-OR), Nay
Pennsylvania: Santorum (R-PA), Yea Specter (R-PA), Yea
Rhode Island: Chafee (R-RI), Nay Reed (D-RI), Nay
South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
South Dakota: Johnson (D-SD), Yea Thune (R-SD), Yea
Tennessee: Alexander (R-TN), Yea Frist (R-TN), Yea
Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
Vermont: Jeffords (I-VT), Yea Leahy (D-VT), Nay
Virginia: Allen (R-VA), Yea Warner (R-VA), Yea
Washington: Cantwell (D-WA), Nay Murray (D-WA), Nay
West Virginia: Byrd (D-WV), Yea Rockefeller (D-WV), Yea
Wisconsin: Feingold (D-WI), Nay Kohl (D-WI), Yea
Wyoming: Enzi (R-WY), Yea Thomas (R-WY), Yea

WELCOME Instapundit and Alphecca Readers. Please feel free to have a look around as there is lots more blogging goodness to be found. But I do have to say, WOW, what a week. This is already my best month traffic wise ever and the two instalanches this week are simply icing on the cake!! (especially since I didn't even ask for this one). Enjoy, thanks, and have a great weekend.

Gun Porn

Hey, I have a chance to get a used (police trade in) S&W Model 66 in .357 Magnum for $319. Any thoughts?

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I don't currently own any Smith & Wesson firearms and I would love to get one of their gorgeous revolvers. However, while I don't know the year of this one yet, I have a strong suspicion it was manufactured during the dark years - when the Brits purchased them and made the deal with the Devil.

Is that enough to kill the purchase? Or does the fact that S&W has reversed its evil ways mean I should forgive?

Finally, is this a good price for the revolver?

What's That Smell?

Its the Sweet Smell of Cordite in the morning, up over at Boxing Alcibiades.

The Beach

Few things are better than spending time at the beach.

Huntin' Season

With the dog days of summer upon us thoughts turn to the woods and the swamps. Here in Virginia, its open season on tree rats in a few weeks with their antlered friends following soon after.

However, in some parts of the country, where they are blessed with Mullets Galore, its a continuous open season.

I bagged these two just outside Chattanooga, at Lake Winnie. Hope your hunting proves as successful.

First up was this rather ornery mulleter. I'm assuming he was rabid cause he is usually found late in the evening at Warrant concerts, not out in broad daylight. In any case, he was not very happy to be hunted and cornered.

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Later that day we glassed this beauty. A true Mullet Queen, she scored a 420 on the Crockett and Tubbs (or was that Simon & Simon)scale.

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Friday, July 29, 2005

Get Your Filthy Hands Off My Property

The New York Times has an excellent article on the backlash to Kelo that has developed nationwide and the efforts of some local officials to quickly seize land before this egregious loop hole is closed.

Property rights groups have united with more liberal organizations in arguing that taking property for economic use usually favors the rich over the poor.

"Typically, you have these corporate lobbyists who go down to a city council and say, 'Take this person's property and we'll build you a shopping center,' " said Timothy Sandefur, a lawyer with the Pacific Legal Foundation, a libertarian-leaning legal group that helped draft the proposed California amendment."

Cool, good quote Tim.

I ought to point at, while we are at it, that Tim is back to blogging - now at Positive Liberty. Check it out.

First One, Then Another

Bruce at mASSbackwards has noticed a lovely little trend in the Live Free or Die state.

There is now a second supreme court justice who is facing the prospect that his property is taken for a "public" use.

As they say, Heh!!!

Things To Do This Weekend

If your looking for stuff to do this weekend, and you happen to be over across the Atlantic, I'd highly recommend getting over to the Music on the Hill Festival in Oxford. One of my favorite all time bands, the original Acid Jazz hipster's Mother Earth will be playing on the main stage.


Carnival of Recipes

Its up over at the Feisty Repartee.

Looks tasty - and she's another sexy gun chick!

The New Look

Hope you all like the new look. I am pretty happy with it.
If you see anything wrong - or have problems viewing it, let me know and I will try to correct it.

Or, if you liked the old look better (don't worry, I've saved the code) I can return it. But generally, I think I really do like this look more. Its happier, brighter, fresher, and more welcoming.

Thursday, July 28, 2005

Run Dick Run

Please, even if you then decide to pull yourself from the race two weeks later.

Do humanity a favor and run.

The Fly Swatter - an e-Postal Match

Mr. Completely, who has one of the better gun blogs around, emailed to remind me that there is still time left to submit entries in his Fly Swatter e-Postal Match.

You have until August 8th to submit your entries (you can email him the results or post them online). It looks like a challange and a good time, I am going to try to shoot my match next Wednsday, August 3rd.

Head on over there and check out the rules.

Expanding the Nation of Riflemen

The Wall Street Journal has a great article today on expanding the market of gun buyers (subscription required, but as I usually say: spend the $1.50 on a hard copy of the WSJ, its the best investment you could make today).

Smith & Wesson Holding Corp. unveiled a magazine ad this year that epitomizes the new approach. A young woman with a backpack stands alone near a canyon that yawns across a desolate landscape. The picture projects an image of adventure, with a whiff of vulnerability. But the copy warns that this is no easy prey: "I hike alone, I bike alone, I climb alone. But with my Smith & Wesson, I'm never alone."

Here's that great ad.

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THere is also a great review of different models that have emerged over the last couple of years including the S&W 460XVR, the Glock 23, Springfields slim fit XDs and .45s, and upgrades to Sig and Ruger's line. Oh yeah, they also explore how concealed carry laws are expanding and credit VPC for the explosive (pun intended) success of the gorgeous S&W Magnum 500.

They are also looking at product placement opportunities in movies.
Under an overhauled management team that includes former executives from Harley-Davidson, Black & Decker and Coca-Cola, Smith & Wesson has been taking advantage of the controversy, furiously marketing a brand name that has an 87% recognition rate among the general public, says Mr. Taylor, the marketing chief.

This year alone, Smith & Wesson is sponsoring a Nascar team, producing a cable-television show and promoting a pistol match to raise money for kids with cancer. It is also licensing its 153-year-old name to footwear, flashlights, baseball caps and barbeque grills. And it has retained a Hollywood product-placement firm to get more of its guns in movies.

The last time that Smith & Wesson had the world's most powerful revolver -- the .44 Magnum wielded by Clint Eastwood in the "Dirty Harry" movies of the 1970s -- sales boomed.

"Every time Dirty Harry made a new movie we'd sell all the .44 Magnums in the store," says Larry Barnett, a Huntsville, Ala., retailer.

Oh yeah!!!

If I Were King

I've often joked that if I were king, the world (or at least the country) would function in a much more efficient manner. Often times I would bring this up while in traffic as I suggested simply shooting idiots who drive 25 in the left hand lane or alternativly drive 105 mph during rush hour traffic (don't get me started on rubberneckers). Anyway, there are other catagories of people who probably deserve the full extent of my kingly rath and none more so than Channoah Alece Green

This thing (I can't even bring myself to call her a person) dropped her 4 year old son off on the side of I-495 (ie: the DC Beltway) at 10:00 pm the other night because he refused to sit down in the car (of course, the news reports have failed to indicate whether or not she actually had the proper child booster seat in the car). She then hit him with the car as he tried to get back in. Her son was found by a passing motorist wandering around on the side of the road. The bitch incidently was arrested 90 miles away just outside Richmond when she caused a crash on I-95.

Why they arrested her, instead of shooting her on the spot, is a mystery to me. Further, why they are simply charging her with child neglect and hit and run instead of attempted murder is beyond me. I just hope that they throw her in with the general population at the prison to do what the arresting cops should have done - rid society of her presence.

Luckily for this boy he is now in th custody of Fairfax County where I am sure a suitable family will be found (heck, I would be surprised if there wasn't a line of people looking to adopt him.
At the hospital, Kincaid, a state police officer for six years who once worked at a youth shelter, took the boy for walks around the emergency room. "He said he wanted to go for a walk. I took him for a walk," Kincaid said, adding, "Everybody at the hospital was making a big fuss over him."

A nurse gave the tyke ice cream, and a state trooper bought him toy action figures from the nearest drugstore, Kincaid said. "The trooper promised to get him a Power Ranger. The best he could do was Donald and Goofy. They had on parachutes. The little boy liked them very much," he said.

The Blog

In an attempt to update the look of this little old blog, I stayed up pretty late playing around with different templates. I'd really like something more eye catching - done in shades of grey and white with the text in a robust blue or indigo.

Anyway, I was up pretty late last night (2:00 am) playing around with different templates and kept running into the same problem. Namely, I am finding it awfully difficult to control the columns on the blog. For instance, there is currently a column to the left which has no writting in it. I can't figure out in my code where it comes from or how to move the main text over so it is flushed on the left side. Likewise, in all the templates I tried last night, my blogroll on the right would never align with the right side and would often times end up at the bottom of the blog.

Any ideas or suggestions?

Wednesday, July 27, 2005


Sure its a privilege to be working, but sometimes I just think my job sucks bad. Like today.

Then, CNN runs stories like this one, on signs that you've stayed too long in your current job.

I don't want to go back to the private practice of law, but . . . .

Firearms Debate

Bitter Bitch has been covering it. I simply don't have the time today.

Ring My Bell

Anita Bell is famous as a one hit wonder for her song Ring My Bell.

Well, after watching this enthusiastic fan, its all I could think of.

In his honor, how 'bout a special edition of our weekly song lyrics

words and music by Frederick Knight
#1 hit for Anita Ward in 1979

I'm glad you're home
Well, did you really miss me?
I guess you did by the look in your eye (look in your eye, look in your eye)
Well lay back and relax while I put away the dishes
Then you and me can rock a bell

You can ring my be-e-ell, ring my bell
You can ring my be-e-ell, ring my bell
You can ring my be-e-ell, ring my bell
You can ring my be-e-ell, ring my bell

The night is young and full of possibilities
Well come on and let yourself be free
My love for you, so long I've been savin'
Tonight was made for me and you

You can ring my be-e-ell, ring my bell (ring my bell, ding-dong-ding)
You can ring my be-e-ell, ring my bell (ring my bell, ring-a-ling-a-ling)
You can ring my be-e-ell, ring my bell (ring my bell, ding-dong-ding)
You can ring my be-e-ell, ring my bell (ring my bell, ring-a-ling-a-ling)

(you can ring my bell, you can ring my bell
ding, dong, ding, ah-ah, ring it!
you can ring my bell, anytime, anywhere
ring it, ring it, ring it, ring it, oww!
you can ring my bell, you can ring my bell
ding, dong, ding, ah-ah, ring it!
you can ring my bell, anytime, anywhere
ring it, ring it, ring it, ring it, oww!)

You can ring my be-e-ell, ring my bell (ring my bell, ding-dong-ding)
You can ring my be-e-ell, ring my bell (ring my bell, ring-a-ling-a-ling)
You can ring my be-e-ell, ring my bell (ring my bell, ding-dong-ding)
You can ring my be-e-ell, ring my bell (ring my bell, ring-a-ling-a-ling)



If I keep on my daily readership keeps on its current pace over the next few days, it looks like I might have my best month ever (by a slight margin).

Like I said, cool.

Tuesday, July 26, 2005

Grilled Rasberry Pork Loins

Haven't posted anything for the Carnival of Recipies in awhile so this one is long overdue. I've continued the theme this summer of trying to cook all our homemade meals out on the grill and today's recipie is a definite keeper. I first learned about it from Jeff Close, the culinary expert at Catamount Brewery when I worked there all those years ago. I've tinkered with it over the years and frankly - at this juncture - can't imagine eating pork chops any other way.

Prep Time: 15 minutes
Cook Time: 10 minutes

1 Center Cut Pork Loin Filet
2 bottles of Amber Ale. It originally called for Catamount Amber, but since you can't get it anymore, you could throw in Otter Creek Copper Ale or anything else made with a healthy dose of carmalized malt.
2 large Granny Smith apples, peeled, cored and quartered
1 quart of rasberrys

Prepare grill and set for medium-hot cooking.

Crush rasberrys and mix with cut up apples in bowl. Pour beer over fruit. Unwrap pork loin filet. Cut loin horizontally into 1-inch medallions and add to the beer marinade. After 15 minutes, place pork medallions on the grill with some of the fruit compote resting on top. Baste during grilling with marinade. Grill until medallions reach an internal temperature of 155ºF (about 5 minutes on each side). Apples will caramelize, turning a golden brown and are tender when done.


For The Ladies


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Want to Get Sorted?

I'm a Hufflepuff!

Monday, July 25, 2005


Carolyn McCarthy is on the floor right now. She's talking, but nothing of sense is coming out of her mouth. I think she is talking about liability and assault weapons and handguns, but from what I can tell, she hasn't said a single truthful thing.

In fact, she is claiming that Bullseye Shooter would be exempted from a negligence suit under this bill. Uh, thats 100% buillshit and she knows better. I'd give her credit for simply being a crazy, delusional widow (I do feel for her) but when you begin to lie delibertly, then my only response is to say Fuck You!

UPDATE: If your interested in reading her crap, you can check it out here. Its certainly worthy of a good frisking - unfortunatly I don't have time this week.

Google 's Lunar Landing Service

By know, everyone knows about Google Maps, but what if you want to plan a trip to the moon?

Well, that's why we now have Google Moon. Its amazing how much detail it offers.

Sweet Irony

The ever chaste Sarah Hempel's brother Buck has started bloggin.

Just what the world needed, another guns and ammo blogger. Welcome aboard Buck.

Roberts on the Court

I've been posting a ton over at The High Road in defense of John Robert's. In particular, see the discussions here and here.

I think thoughthat this might be the most enlightening discussion on his views I have seen.

Its from an episode of McNeal Lehrer in 1997
JOHN ROBERTS, Former Deputy Solicitor General: I do think there’s a solid majority on the court for the proposition that federalism has to be taken seriously; that states do retain rights under our federal system; and that, for example, as the sheriffs were saying to the federal government, we want you to do this, we don’t work you. They work for the states, not for the federal government. That basic division of authority is designed to protect individual rights. That’s one area where I disagree with Prof. Tribe. I think by enforcing these structural limitations, states have their powers and rights. The federal government is limited. The end objective, as the framers intended, is to protect individual rights.

LAURENCE TRIBE: Margaret, if I--


LAURENCE TRIBE: For a moment. I have no disagree with and, in fact, have defended the view that separation of powers and federalism, properly understood, do protect individual rights. My concern is with decisions that are sort of heedless of limits. When, for example, the Supreme Court struck down the Brady Act, it did so in an opinion--one completely unnecessary part of which--threatens the constitutionality of all of the independent agencies. When Justice Scalia, writing for the court, expressed the rather remarkable proposition that one of the flaws with the statute wasn’t just that it commanded the states, rather it was that it used functionaries who were not answerable to the President. Individual rights, of course, are protected by separating powers as the Constitution conceives, but when the court, as in the Religious Freedom Restoration Act, decides that Congress is to be limited very strictly in protecting individual rights under the 14th Amendment, without even acknowledging a position that the full court had endorsed in the 1960's, namely that Congress has more power to raise the ceiling of protection than it does to lower the floor, then I think the court is acting in a way that is not really consistent with the rights that separated and divided powers are supposed to protect.

MARGARET WARNER: You’ve raised a couple of different issues. John Roberts, respond to the first one he raised, which was that in the Brady decision essentially could have very long range implications that could call into question the power of regulatory agencies that the federal government deputizes to do things. Do you think it could do that?

JOHN ROBERTS: Well, it could and it could not. I mean, that’s the way that a court functions. It decides the particular cases before it, and the next case will decide how broad that decision was meant to be and how narrow. The fact that the decision refers to questions that may implicate the constitutionality of independent agencies doesn’t mean that those agencies are unconstitutional. It means that those are issues that have to be addressed in the future.

About the modern day court - of which his appointment will fundamentally change it, he concludes with the following.
JOHN ROBERTS: Well, I think it’s a moderate court but one that is very serious about the limits it sees in the Constitution, whether it’s the limits on Congress, limitations on the federal government, or limitations on the court, itself. And if it’s a court that doesn’t seem so warm and embracing of theories that are popular on the law school campuses, I hope the other members of the panel will forgive me for not thinking that’s a serious flaw.

Fucking Commies

Read Lileks today.

And for what its worth, my son dresses as well as Jack Roberts' every day of the year. In fact, he has an almost identical seersucker suit, and guess what Ms. Given's - we didn't spend a ton of money on it. Most of his clothes come from either Marshall's, Old Navy, or even the Dollar General store.

The trick is to choose nice looking clothes, not just expensive slutty crap - like the "Boys Locker Room Attendant" shirt from AF (what has happened to that fine establishment) that the 12 year old girl at our swimming pool was wearing yesterday (of course, you wouldn't be surprised to learn her butt spelled out "Tasty").

Clothes, as they say, make the man. Nothing wrong with teaching your kid to have some self respect - except then your kid probably isn't gonna buy into the liberal PC self loathing anti american bullshit. Can't have that, no can do. Plus, its amazing what you can find under $10 for a 3 year old when your willing to spend some time coordinating their outfits.

Its a start

Russia's Biggest Spammer Brutally Murdered in Apartment

Well, like I said, its a start.

The Nightstand Meme

Jeff is asking what's on my nightstand.

The answer: nothing. I have a three year old who is fascinated by guns. There are no guns anywhere he can reach them. However, I do have a 12 gauge Browning BPS 3 short steps from my bed (with shells not too far from it) and I have my SS Colt 1991 in a small safe right in the walk in closet.

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This arrangement, of course, is going to have to change soon. I've been looking at options but we haven't decided on one yet - though we take it day by day.

I pass this onto the following five - some of whom are parent's so their advice will be worth soliciting:

Cowboy Blob proves what we've always known, be prepared.
Les Jones sheds some light on his night-stand.
Jay G puts up an excellent response
The Geek With A 45 (does that answer the question???)
Bitter Bitch - Don't go fuckin with her.

UPDATE: At this juncture everyone but the Geek has responded. Since he's off on vacation somewhere we may have to revisit in a couple of weeks. Anyway, I am left with some parting thoughts.

First, I didn't even think about listing non gun items on my night-stand. In that regard, it includes a table lamp (matching the one on my wife's side of the bed), a telephone, and whatever book I am currently reading (right now Guiliani's Leadership is there as is James Michener's Chesapeake which I am trying - for the umpteenth time - to finish).
Second, I am relieved to see no one else has guns within easy reach of children. My storage solutions seem about right for our situation - though the need for something more substantial grows each and every day. One of those quick access safe's like Bitter has is tempting but I suspect my son can figure out the combination too easily.
Third, I ought to see about getting a big D cell mag-light flashlight.

The RINO Roundup

Welcome to this weeks edition of the Rino Roundup, where we showcase the best, the brightest, the most interesting, or simply the mere opinion of the Blogsphere's Rino Brigade. While your here (after reading the Roundup), fell free to take a look around the Countertop Chronicles.

But first, to start it off, a lyric. For a long while, on and off, the Countertop Chronicles has hosted a Monday Morning Song Lyric. It originally began as a tribute to Juan Non Volokh's Sunday Song Lyric - but seeing as he has long since ceased to continue the lyrical output, mine has served as a gentle (if infrequent) reminder that music does sooth the soul.

This week's lyric comes to us from Tom Petty and the Heartbreakers who offer's life advice on the value of Rhino Skin. From 1999's Echo.

Rhino Skin
Music and Lyrics by Tom Petty

You need rhino skin
If you're gonna begin
To walk
Through this world
You need elephant balls
If you don't want to crawl
On your hands
Through this world

Oh my love if I reveal
Every secret I've concealed
How many thoughts would you steal
How much of my pain would you feel

To get over things
That make no sense
In this world

You need rhino skin
If you're gonna pretend
You're not hurt by this world

If you listen long enough
You can hear my skin grow tough
Love is painful to the touch
Must be made of stronger stuff

You need rhino skin
To get to the end
Of the maze through this world

You need rhino skin
Or you're gonna give in
To the needles and pins
The arrows of sin
The evils of men
You need rhino skin

Now, Der Commisar suggested I come up with a Theme for this Roundup. Sorry sir. I simply am not that creative, though maybe it should be something to make us stand at attention. Instead, as many of my regular readers might not be aware of what exactly a RINO is, I am gonna use this as an educational tool.

We begin with one of history's great RINOs.

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And I can assure you that Teddy R, a man's man - called it like he saw it, which, apparently the Canadian Broadcast Company isn't doing. Not that anyone is real surprised about that, Canada lost its testicles about the time Wayne Gretzky came south of the border. Its time they grew a new pair, no?? Frankly, this PC bullshit has got to stop, but so do the distractions of the Christian Right. We are invovled in a life or death struggle for the sole of civilization and sometimes bigger issues rise to the top. Thats sort of what being a RINO is all about. Larry his it square on the head:

I don't care if Team Red or Team blue wins, I only care if this country wins. And all around I see people who play games with this country over politics. Right and Left both have their hands tainted in this affair for the heart of our nation. The more I see it the more it sickens me at a deep part of my personhood.We have a government that does things that look right or sound right instead of doing that which is right.

Free Speech and the First Amendment

At Decision 08, they are looking at one of these issues right now, the wasteful efforts to regulate blogging and the shameful extent that members of the MSM will go to protect their turf. Its outrageous. Shouldn't the FEC and CJR and CNN and NYT expendtheir energies not on shutting down a citizens media, but on important things like, ya know, protecting the first amendment??? (BTW, Decision 08 is also keeping track of emerging candidates for the 2008 presidential nomination. Too bad they are missing a biggie - former Utah Governor, former EPA Administrator, and current head of the Department of Health and Human Services within the Federal Government and will be (and has been) making plenty of use of those in paving the way to Iowa and New Hampshire victories - I'm just saying, thats all).

The belief that the government ought to stop wasting its time and resources is a rather important prerequisite to membership in the Rino Brigade (but, apparantly, spelling isn't). Of course, the items individual members see as wasteful varies by blogger, but I would hazard to guess that most of my fellow Rino's are rather disgusted by the recent efforts to regulate video games as pornography.

Hey. Betch'ya didn't know a new Harry Potter Book was released. Unlike Dean, I am a big fan (and I also like the Yankees). What are the chances it makes it onto the Banned Book List?

Finally, Bernie Goldberg put out a book (its his right) about 100 people who really aren't ruining America. Oh wait . . . . While we do appreciate their right to say whateverthehelltheywant - we get awfully upset when the MSM is so wrong, so often.

National Security

RINO's simply don't understand why the left continues to waste its energies attacking Bush when it could otherwise engage with the real enemy at hand. In particular, Gay Patriot has the balls to take the gay lobby to task for seriously misstating the real threats of violence in the world towards gays. I've always thought the Pink Pistol's had a pretty good position on the issue though (there's that pesky 2nd Amendment thing - hint, its a theme around here).

Some RINO's are using the blog medium to for constructive purposes - focusing on important historical markers as a way to make sense of the current situation.

A lot of people keep focusing on whether Karl Rove leaked anything. Considering how badly the press has blown this one - and how little credibility they have left on it - I simply don't care anymore. Joe Wilson is a lying scum bag, his wife ain't much better, and they are both publicity hounds. The press of course has been all over the place on the story - based solely upon what is in its (the MSM's) best interest. If Karl Rove released the info - good for him. If he didn't, well then I hope everyone apologizes.

I suspect that there are items on which I would agree with Orac - though I think he may be a bit myopic in his understanding of some peoples feelings. One of my concerns with electronic communication in general - and email and the blogsphere in particular - is that people are too easily annoyed, taking everything at its face value and as a nation we have lost the ability to read between the lines. Other cultures thrive on hyperbole - Orac seems frightened by it. Of course, Chris and Tom Tancredo may have actually meant what they said, but I doubt they really expect their suggestions to come to fruition. Either way, Orac's posts are very interesting, and your bound to learn something from them. My only question though, is, does he not like the second amendment???

That Pesky Second Amendment

Speaking of the Second Amendment, one of my favorite bloggers - Says Uncle - has two great posts this week on what else, firearms. It seems that sales of ammo are up at Wal Mart (I know I have bought my fair share of Winchester White Box - $19.95 for the100 round bulk pack in .45 ACP around here). Oh, and 60 minutes is lying about terrorists and domestic gun retailers again.

Incidentally, you can win a Barrett from the NRA. Its not one of their .50 calibers (too bad) but it sure is sweet.

Wouldn't it be nice if the military chose an American Made Barrett rifle in a manly cartridge to replace the M-16 instead of some ferner's plastic toy gun.

Of course, RINO's aren't simply interested in Terrorism to the exclusion of all other issues. Some of us actually care about other important things:

Fiscal Responsibility

Saving money and investing wisely is the corner stone to fiscal responsibility. One of the most important investments you can make in your lifetime - the kind of thing that prevents you from being a slave to the likes of the Social Security Administration (and Congress generally) is to purchase your own home or other investment real estate. Here's some advice on making sure the Closing goes as planned. In my case, the settlement company screwed up in 3 or 4 places. They gave me a hard time while I sat and read each and every word in our mortgage contract(and especially focused on my wife, who in turned told me to hurry up). Of course, after I discovered tens of thousands of dollars in errors in their paperwork my wife apologized (and no longer criticizes me when I read every word of every contract I sign)

Seems that the generally disarmed populace of Yemen (oh, there's that pesky 2nd Amendment again) aren't too happy about fiscal irresponsibility either but the government there is pretty good at clamping down on dissent.

Simply Outrageous. Will they put anyone on the government dole?

Leave Me Alone

Say Uncle (see above) likes to say RINO's are Republican's who don't care what you do in the bedroom. Thats part of it. Christopher Battles has some thoughts on being left alone.

Idiotic Laws

Here's a doozy for you. The Federal Become a Snitch or Go to Federal Pound Me In The Ass Prison Law. They don't really call it that, but they should. Any member of Congress who votes for this ought to be dragged out and shot - after being subjected to the booty bandit (That last statement could be a hyperbole, I really do believe anyone who votes for the law ought to be punished, but perhaps not to that extent. Well, perhaps they should).

Speaking of idiots, here's a whole list of idiotic laws.

Moronic Government Programs

Another area Rinos get pissed off at is when some local Government (and indeed, the federal government) starts wasting its time (and your money) on moronic subjects. While Les Jones was talking about the Scopes Monkey Trial, Ballon Juice (neat blog I'd never seen before) is all over an educational conference, which is so dumb - no snarking is necessary. As a Virginian, I want to apologize for these morons right here and right now.

Sometimes the action's of the Federal Government are simply so outrageous and self serving your left only to shake your head. In the case of the continuing theft of Indian Trust Funds I'd suggested a general tarring and feathering of the entire Department of Interior's workforce.
For those harboring hope that the stories of murder, dispossession, forced marches, assimilationist policy programs, and other incidents of cultural genocide against the Indians are merely the echoes of a horrible, bigoted government-past that has been sanitized by the good deeds of more recent history, this case serves as an appalling reminder of the evils that result when large numbers of the politically powerless are placed at the mercy of institutions engendered and controlled by a politically powerful few.
By the way, while my thoughts may be another example of hyperbole - the conversation I had last week with an acquaintence at Interior who showed no remorse for the victims of the Government's misdeeds but only anger at Judge Lamberth for authorizing a "fishing expedition" that is "preventing the agency from doing its important work on behalf of all Americans" simply strengthened my desires to abolish large parts of the federal government. Of course, this woman (whom I shall not name, but who is a life long Democrat and was an alleged advocate for native americans when it was advantageous for her in law school) couldn't understand how little trust I had in the Government to do the right thing going forward when it had failed - and continues to fail - so astonishingly over the past 120+ years.


I saw a great bumper sticker today.
The Labor Movement
The Folks Who Bought You The Weekend

Its brilliant and covers the entire spectrum. Yes, Unions have made important contributions to society. However, those important contributions occurred in the past - in many instances nearly 100 years ago. As a result, organized labor keeps seeing their numbers decline as American workers reject the idea of the forced extortion that they represent. Ioesn't help that most Union's are simply tools of the Democratic Party these days and as a result, fail to get results regardless of which party is in charge. Anyway, the AFL-CIO is breaking up in an especially painful and public manner. Looks like their death is at hand - though I suspect that isn't a good thing (perhaps simply a massive house clearing is in order - like 100% of their leadership).


Don't really have an opinion I care to express here on the CNOOC's bid for Unocal (pesky conflict of interest issues), but the Big Cat Chronicles does.

Here's some thoughts on travel.

Finally, lets not forget those who have come before us - and sacrificed so much - to allow freedom to ring.

Day by day, their voices fall silent, but we are all indebted to them.

Thanks for visiting, its getting pretty late. I'm gonna throw the trackbacks up tomorrow morning. I'f you don't see yours by noon - shoot me an email with your track back code and I will resubmit it.

Monday Morning Chicks With Guns

I'm going to hell for this one . . . . .

but what the heck.

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Sunday, July 24, 2005


Congratulations to Lance Armstrong on winning his Seventh Consecutive Tour de France

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You can read all about it at Velonews.

The overall Top 10 is an impressive list of riders:
1. Lance Armstrong (USA), Discovery Channel
2. Ivan Basso (I), CSC, at 4:40
3. Jan Ullrich (G), T-Mobile, at 6:21
4. Francisco Mancebo (Sp), Illes Balears, at 9:59
5. Alexandre Vinokourov (Kaz), T-Mobile, at 11:01
6. Levi Leipheimer (USA), Gerolsteiner, at 11:21
7. Mickael Rasmussen (Dk), Rabobank, at 11:33
8. Cadel Evans (Aus), Davitamon-Lotto, at 11:55
9. Floyd Landis (USA), Phonak, at 12:44
10. Oscar Pereiro Sio (Sp), Phonak, at 16:04

Who would have thought, 8 years ago, that not only would Lance Armstrong be winning his seventh Tour de France, but that there would be three Americans finishing in the Top 10

My early favorites for next years race

Ivan Basso, Alexandre Vinokourov, Floyd Landis, Yaroslav Popovych (riding for the Discovery Channel team, and this years winner of the best young rider award), and Oscar Pereiro.

Friday, July 22, 2005

Easy Prey

VDH is on fire, again.

Meanwhile an odd thing happened. It turns out that the jihadists were cowards and bullies, and thus selective in their targets of hatred. A billion Chinese were left alone by radical Islam — even though the Chinese were secularists and mostly godless, as well as ruthless to their own Uighur Muslim minorities. Had bin Laden issued a fatwa against Beijing and slammed an airliner into a skyscraper in Shanghai, there is no telling what a nuclear China might have done.

India too got mostly a pass, other than the occasional murdering by Pakistani zealots. Yet India makes no effort to apologize to Muslims. When extremists occasionally riot and kill, they usually cease quickly before the response of a much more unpredictable angry populace.

What can we learn from all this?

Thursday, July 21, 2005

My favorite judge

Royce Lamberth, of the U.S. District Court of the District of Columbia is one of my favorite judges. Conservative, intemperate, and highly critical of both Republican and Democratic administrations.

For the last few years, he has presided over litigation arising from the Department of Interiors management of the Indian Trust Funds - these were set up by the Federal Government to look after the monies owned to Native Americans from the use of their lands for numerous purposes, but mostly minerals extraction. They grew out of the treaties signed with the various indian nation's in the late 1800s. Not surprisingly, back then , they trusts weren't managed well. What is surprising (or not) is that they are still managed in the same negligent fashion - with an assumption that the Indians will never ask for any of the money they are owed.

He held Bruce Babbit in comtempt over the failure of the Clinton Adminsitration to produce the records interior was supposed to maintain, and he is now hitting the Bush administraion hard for the faults of interior.

His most recent ruling is a doozy, and should be read by everyone with a suspcion of the Government. Here's some highlights.

Our 'modern' Interior Department has time and again demonstrated that it is a dinosaur -- the morally and culturally oblivious hand-me-down of a disgracefully racist and imperialist government that should have been buried a century ago, the last pathetic outpost of the indifference and anglocentrism we thought we had left behind

. . . .

For those harboring hope that the stories of murder, dispossession, forced marches, assimilationist policy programs, and other incidents of cultural genocide against the Indians are merely the echoes of a horrible, bigoted government-past that has been sanitized by the good deeds of more recent history, this case serves as an appalling reminder of the evils that result when large numbers of the politically powerless are placed at the mercy of institutions engendered and controlled by a politically powerful few

. . . .

Perhaps Interior's past and present leaders have been evil people, deriving their pleasure from inflicting harm on society's most vulnerable

. . . .

Interior may be consistently populated with apathetic people who just cannot muster the necessary energy or emotion to avoid complicity in the department's grossly negligent administration of the Indian Trust. Or maybe Interior's officials are cowardly people who dodge their responsibilities out of a childish fear of the magnitude of effort involved in reforming a degenerate system.

Of course, he dismissed these as mere theories, finding instead that

Perhaps Interior as an institution is so badly broken that even the most well-intentioned initiatives are polluted and warped by the processes of implementation

. . . .

Giving up on rehabilitating Interior would signal more than the downfall of a single administrative agency

It would constitute an announcement that negligence and incompetence in government are beyond judicial remedy, that bureaucratic recalcitrance has outpaced and rendered obsolete our vaunted system of checks and balances, and that people are simply at the mercy of governmental whim with no chance for salvation.

The Court clings to a slim and quickly receding hope that future progress may vitiate the need for such a grim declaration

All hail Royce Lamberth!!!

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Easy Come, Easy Go

Well, I went up to the annual Hot Dog lunch on the Hill yesterday . . . both to get a free lunch and a Tommy John baseball, but also to check out the obligatory PETA Bikini Clad PLayboy Bunny protesters.

Mmm Mmm Mmm (even if there politics sucks). Actually, I was much more attracked to the British punk rocker girl (looking very much like a cross between The Pretenders Chrissy Hyndeand Elastica's Justine Frischmann) serving veggie dogs. The Veggie Dogs sucked, by the way, but I at least liked her enthusiams.
Come on mate, whats the worst that can happen. If you don't like it, spit it out.
Which is precisly what I did.

ANyway, to get into the Rayburn House Office Building where the real Hot Dog event was being held, I had to go through a magnometer. As I approached it, I went into my pockets to empty my keys and cell phone out and remembered I was carrying something.

Ended up turning around and tossing it into the garbage along with a napkin from PETA that I was using to wipe mustard off my face with. Thanks PETA, ya saved the day. Looks like I might be going knife shopping this weekend though.

UPDATE: Link Fixed. Thanks to Jay G for pointing it out.

Michael Yon

At this point in the war on terror, I think it is pretty much beyond question that Michael Yon is making mincemeat out of his fellow journalists. If this guy doesn't get some sort of pulitzer prize, then the profesion of journalism is even more deemed than I thought.

He consistently is reporting on the real action, from a perspective never seen in the MSM (and with a depth of coverage that is beyond the comprehension of most members of the MSM) while facing risks the average reader couldn't even fathom

Separately, in an undercover operation, the Iraqi police detained four men whose kidnaping cell had abducted the 28-year-old wife of a Mosul journalist. This group was known to behead their victims, holding the world vicariously hostage with their crude cinemtography. This raid was interesting; information had recently come in that the terrorists were plotting to kill a journalist here in Mosul, and some officers believed the target was me. There is an interesting aside about a spy that Deuce Four detained who was actively trying to persuade me to visit what he described as a 'safe' place in Iraq. While he is now in Abu Ghirab, I am still with Deuce Four, both of us 'safe' for the moment.

[For the record: If I am ever captured and seen on television telling the world that America is evil, I am lying.]

Best of luck Mr. Yon and I hope to read your writings for years to come.

Wednesday, July 20, 2005

Robert's on the ESA

This is Robert's dissent in Rancho Viejo, LLC v. Norton, 334 F.3d 1158 (2003) on the decision not to rehear En Banc a DC Circuit Court decision regarding the arroyo toad. Its garnered a fair amount of attention.

ROBERTS, Circuit Judge, dissenting from denial of rehearing en banc<: The panel's opinion in effect asks whether the challenged regulation substantially affects interstate commerce, rather than whether the activity being regulated does so. Thus, the panel sustains the application of the Act in this case because Rancho Viejo's commercial development constitutes interstate commerce and the regulation impinges on that development, not because the incidental taking of arroyo toads can be said to be interstate commerce. See Rancho Viejo, LLC v. Norton, 355 U.S. App. D.C. 303, 323 F.3d 1062, 1071-73.

Such an approach seems inconsistent with the Supreme Court's holdings in United States v. Lopez, 514 U.S. 549, 131 L. Ed. 2d 626, 115 S. Ct. 1624 (1995) and United States v. Morrison, 529 U.S. 598, 146 L. Ed. 2d 658, 120 S. Ct. 1740 (2000). The Court in those [**8] cases upheld facial Commerce Clause challenges to legislation prohibiting the possession of firearms in school zones and violence against women. Given United States v. Salerno, 481 U.S. 739, 95 L. Ed. 2d 697, 107 S. Ct. 2095 (1987), such a facial challenge can succeed only if there are no circumstances in which the Act at issue can be applied without violating the Commerce Clause. Under the panel's approach in this case, however, if the defendant in Lopez possessed the firearm because he was part of an interstate ring and had brought it to the school to sell it, or the defendant in Morrison assaulted his victims to promote interstate extortion, then clearly the challenged regulations in those cases would have substantially affected interstate commerce, and the facial Commerce Clause challenges would have failed.

That is precisely what the Fifth Circuit concluded recently in rejecting the approach the panel took in this case. See GDF Realty Invs., Ltd. v. Norton, 326 F.3d 622, 634-35 (5th Cir. 2003). As the Fifth Circuit explained, "looking primarily beyond the regulated activity ... would 'effectually obliterate' the limiting purpose of [**9] the Commerce Clause," and, under such an approach, "the facial challenges in Lopez and Morrison would have failed." Id.

The panel's approach in this case leads to the result that regulating the taking of a hapless toad that, for reasons of its own, lives its entire life in California constitutes regulating "Commerce ... among the several States." U.S. CONST. art. I, § 8, cl. 3. To be fair, the panel faithfully applied National Association of Home Builders v. Babbitt, 327 U.S. App. D.C. 248, 130 F.3d 1041 (D.C. Cir. 1997). En banc review is appropriate because the approach of the panel in this case and NAHB now conflicts with the opinion of a sister circuit - a fact confirmed by that circuit's quotation from the NAHB dissent. See GDF Realty, 326 F.3d at 636 (quoting NAHB, 130 F.3d at 1067 (Sentelle, J., dissenting)). Such review would also afford the opportunity to consider alternative grounds for sustaining application of the Act that may be more consistent with Supreme Court precedent. See Rancho Viejo, LLC v. Norton, 323 F.3d at 1067-68 n.2 [**10] .

Robert's Decisions

No comments, just a sampling of his decisions

  • The National Association of Securities Dealers, Inc., Petitioner v. Securities and Exchange Commission, Respondent, Amr I. Elgindy et al., and Key West Securities, Inc., Intervenors, 2005 U.S. App. LEXIS 13583

I could go on - and sorry bout the citations, but we don't have west law (I know)

Roberts and the Second

This is about the best I can find. Sorry.

2005 U.S. App. LEXIS 11912, *

Sandra Seegars, et al., Appellants, v. Alberto Gonzales, Attorney General of the United States and Anthony A. Williams, Mayor, District of Columbia, Appellees

No. 04-5016 Consolidated with 04-5081


2005 U.S. App. LEXIS 11912

June 21, 2005, Filed

SUBSEQUENT HISTORY: Rehearing denied by Seegars v. Gonzales, 2005 U.S. App. LEXIS 11913 (D.C. Cir., June 21, 2005)

PRIOR HISTORY: [*1] 03cv00834 Seegars v. Ashcroft, 396 F.3d 1248, 2005 U.S. App. LEXIS 1965 (D.C. Cir., 2005)

JUDGES: BEFORE: Ginsburg, Chief Judge, and Edwards, Sentelle, Henderson, Randolph, Rogers, Tatel, Garland, and Roberts, Circuit Judges, and Williams, Senior Circuit Judge.


Appellants' petition for rehearing en banc and the responses thereto have been circulated to the full court. The taking of a vote was requested. Thereafter, a majority of the judges of the court in regular, active service did not vote in favor of the petition. Upon consideration of the foregoing, it is

ORDERED that the petition be denied.

Per Curiam

Circuit Judges Sentelle, Randolph, and Roberts would grant the petition for rehearing en banc.

A statement of Chief Judge GINSBURG concurring in the denial of rehearing en banc is attached.

A statement of Circuit Judge SENTELLE dissenting in the denial of rehearing en banc is attached.

A statement of Senior Circuit Judge WILLIAMS is attached.

Tuesday, July 19, 2005

SKB and the SCOTUS

Has anyone been struck by the peculiar timing of SKB's announced departure from blogging and Bush's decision to announce the next SCOTUS Justice tonight at 9:00pm?

Could Bush's Choose Bubba???


Apparantly, its the only qualification that matters.

I knew politics stunk, but this is crazy.

2005 NorthEast Bloggershoot Update #4

Talk about Toys to have in the Attic.

Hot Damn!

Le Tour

Their in the mountains again, but I've got some things to do for work. You can follow the action here.

Here's a profile of the course.

Shark Week

Hey, as Lance cruises to victory, its Shark Week on Discovery Channel.

Who knew???

Amazon's Tenth Anniversary is doing lots of neat stuff in honor of its 10th Anniversary. I still remember the first time I visited the Amazon site - it was in the fall of '95 after returning to school and they were trying to replicate the model of an online CD seller whose name I can't remember and which ceases to exist any more (anyone else remember what they were called??) Thought it was a neat idea, but at the time, I was more interested in that CD site. My parents, of course, had no idea what the hell I was talking about and over dinner one night with a family friend who was an executive at Exxon I was trying to explain what the internet was and said friend all of a sudden knew what I was talking about. It seems, the son of one of his colleauges had started

Anyway, one of the things they are doing is creating Hall's of Fame for their top selling artists.

They have one for authors, musicians, and DVD's (which is an interesting concept cause it forces TV shows to compete with movies and other forms of entertainment.

As for the actual selections - can't really disagree with them. Yes, the Beatles should probably be the number #1 musician choice, and while I would have rated Pink Floyd higher than 18 its nice to see them actually even acknowledged. Its also interesting (though probably not surprising considering Amazon's market) that there are so many female singers represented - Norah Jones, Diana Krall, Eva Cassidy (who was from DC and was pretty darn good but a total shock to see listed here), Enya, Sarah McLachlan, and Celine Dion. Its almost like a gathering of the Lilith Fair all stars. The Austin, Texas Commie Chicks are also listed, but I won't mention them.

The other thing thats interesting is in the DVD section - the first three spots are taken up by the three Lord of the Rings Movies - thats fair enough, but #4 is the original Star Wars trilogy. If they were gonna do that, then not count LOTR as one selection and provided places for two more DVDs on the list. Like Star Wars, the Godfather and the Raiders of the Lost Ark Trilogies are also on the list (Raiders is one of my all time favorite movies - seen it dozens of times - but I've only seen the second one a couple of times and never saw the third with Sean Connery). Like LOTRs, The three Harry Potter movies are also listed seperately. And I am glad to see Band of Brothers (my box set is missing - don't recall if I loaned it to someone, or my son grabbed it and misplaced it - either way, I wanted to watch it the other night and can't find it).

Sweet Deals

If only every locality was so honorable.
im Walker, of the MDWFP, says, "These guns were taken from hands of the bad guys. We hope to put them in the hands of the good guys."

Thats right, in Mississippi I guess they don't destroy confiscated firearms, they simply sell them to the law abiding segments of society at a bargain price.
Soon they hope to be in the hands of someone in need of a good gun.

Walker says, "You have to have a federal firearms license to purchase these guns."

They will be auctioned off in October to anyone who has that license. Half the money will go to the state and half to the agency.

Pope says, "The guns will be sold as is. It'll be sold as a package deal."

Walker says, "The possible return could be substantial. Depends on who shows up."

Wildlife officials say some guns could get up to 500 dollars. Some look brand new. The result is quite a bargain.

While I wish they would just sell them to anyone, I don't mind their sale to dealers for eventual sale to the public - got to keep the dealers employed. If you've got an FFL (will a C&R work???), the auction will be October 6 at Durham Auctions in Forrest County, Mississippi.

I usually don't have much good to say about Mississippi. This is a definite start though.

Civil Rights

Do you support civil rights?
NRA was founded before the NAACP
Your July 5 editorial stated, 'The National Association for the Advancement of Colored People is the nation's oldest civil rights organization …'

This is incorrect.

I don't know for sure what the oldest civil rights organization is, but the National Rifle Association was founded in 1871, far earlier than the NAACP'S 1908 founding. This makes the NRA the older of the two, and perhaps the oldest, period.

I realize that The Blade doesn't think the Second or Fifth amendments count as rights, but they are still in the Bill of Rights, and should be discussed as such.


Good for John Mueller, but we shouldn't be too surprised. Would you expect anything less from a resident of Defiance???

Perforated Goblin Update


Parolee-at-large Daniel Godoy, 37, of Galt is listed in critical condition at San Joaquin General Hospital with multiple gunshot wounds following the attempted robbery at AM Market, 4579 East Acampo Road in Acampo Friday night.

Deputy Les Garcia said Godoy was armed when he walked into the market around 9:30 p.m. Friday and attempted to rob employees. According to witnesses, one of the store clerks produced a handgun and confronted Godoy, who then pointed his gun at the armed clerk. The clerk, in fear for his life, fired his gun, hitting Godoy several times, Garcia said.

According to Garcia, Godoy then attacked the clerk, moving the altercation outside the store. Another clerk then produced a second handgun and shot Godoy again multiple times. The clerks were not injured during the robbery.
Here's hoping he passes.


Police say his 22-year-old brother Brandon Underwood and a woman, both armed with knives, came in about 12:45 a.m. and tried to rob the CK's.

An off-duty security guard having coffee in the shop shot Underwood and killed him.

"I heard he didn't get no money or nothing," Williams said, standing on the porch of the restaurant at 3530 Summer, where customers continued to come in for breakfast. "That man that shot him could have just shot him in the arm or leg."

. . . .

Police say Underwood came in the shop wearing a ski mask and held a customer at knifepoint as his female accomplice tried to open the cash register. When she couldn't get the register open, they told a customer, an off-duty security guard, to open it. The security guard, who police didn't identify, drew his gun and shot Underwood.
Apparantly, Mr. Williams - the breathing one - isn't too much smarter than his decomposing brother. The reason "he didn't get no money or nothing" (seriously, could you pick anything more stereotypical for him to say???) is cause he tried to rob someone and was stopped.

Time for the happy dance!!!

Monday, July 18, 2005

Hippy Dippy White Trash

I am 31% Hippie.
Wanna Be Hippie!
I need to step away from the tie-dye. I smell too good to be a hippie and my dad is probably a cop. Being a hippie is not a fashion craze, man. It was a way of life, in the 60’s, man.

I am 21% White Trash.
Not at all White Trashy!
I, my friend, have class. I am so not white trash. . I am more than likely Democrat, and my place is neat, and there is a good chance I may never drink wine from a box.

Hey Hey, Look What I Found!

Some folks out there are into knives. Real Expensive Knives.

I, simply don't get it. To me, a knife is a simple utilitarian object. My dad got me my first pocket knife at the hardware store when I was a kid, and since that time I have had a few different swiss army knives and a steady stream of various no name knives. Right now, I actually have five knives I might be carrying at any time - a leatherman (the original kind which was eventually called a PST but mine was without a model name - got it 12 years ago and its been sent in once for repairs, very handy); a giant swiss army knife (I call it the Mac Daddy - I got it in Geneva in March of 1994 and it came with a neat little leather pouch, a couple of sharpening stones, a compass, and some survival materials); the free hunting knife that the NRA's Free Hunters group gave me with my membership; and a no name folding knife. In addition to these, for the last couple of years I also had a tactical type of pocket folder knife that I picked up at Wally World. Its pretty handy and for awhile I took it with me into work as a main line of defense in the DC disarmament zone. However, at some point in time I misplaced it and for the last 6 months I have been without it.

On Friday afternoon, as I was clearing out one of my archival inboxes (where I stick things that need to be filed at some point, but not for awhile) I found it sitting on top of a CD (which I was also looking for) on the bottom of the box.
Here it is.

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A prize to whomever can tell me what CD cover its on too.

Monday Morning Chicks With Guns

I lurk over at The High Road most days, and post on occasion.

One of the owners there, Oleg Volk, is a pretty decent photographer and fairly well known in the RKBA circles. He's got a great web page on the human rights aspects of the second amendment, and I decided to use one of his images on home defense for today's pic.


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Sunday, July 17, 2005


Ouch, don't want to meet up with this in the ocean.

Check out those teeth!!!

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FWIW - I took this at the Baltimore Aquarium on Saturday. Its a Sand Tiger Shark. They grow to about 10 feet long and have a range that extends from Maine to Argentina and the Atlantic Coast of Europe to N. Africa and within the Mediterranean Sea.

Not sure if its actually dangerous, but the description the aquarium gave said this

The long narrow teeth of this dangerous-looking shark are used like forks to spear small prey.

Dangerous looking is an understatement.

Saturday, July 16, 2005

Momentary lapses of insanity...

Misty was looking to interview some people, as seeing as she's a sweetie and pink floyd fan in London who also happens to enjoy and appreciate firearms, I let her know I was game. She has posted my questions.

1) If a movie was made of your life, what would it be called and who would play you?

This is easy, either Robin Williams or Bono would play me cause they were separated at birth and I look just like them - though my accent is a bit different.

As for its title? Geeze, maybe A Momentary Lapse of Reason?? Radio KAOS??? The Final Cut???? or Obscured By Clouds?????

2) What's your 'Party Piece'?

Again, thats easy.

For colder weather, its a SS Colt 1991A1

For warm weather, its a Colt Commando in .38 Spl.

3) The Aliens have decided to attack - what's the first thing you do? Get the grab and go bag, extra fuel tanks, and four wheel it out of the DC area till I hit my mountain hideaway in Western Virginia (about 2 hours away). Once we get organized there, we assess the situation and slowly and deliberatly proceed down to our fortress in the Georgia mountains, otherwise we stay put and wait out the attack.

This, of course, also holds true if Al Quada or the Russians (or Chinese) decide to attack - though in those cases, the chances I shoot back are much greater.

4) What's your greatest achievement?

My son.

5) When did you last cry, and why?

Again, an easy one. Two weeks ago when my puppy dog died.

OK, then.


I posted this as a comment at the Musings of The GeekWithA.45. It bears repeating here, so as not to get lost to the vagaries of Haloscan.

What people don't understand is Washington (and perhaps all politics) is about allowing the greatest number of people to take victory for something while actually accomplishing the fewest number of things (and therefore creating even more opportunity to claim credit for nothing - but something - in the future).

Sorry if its a bit cynical.


Its 2:56 am and I just finished watching Million Dollar Baby. I can't disagree with the The New York Times Movie Review that called it
the best movie released by a major Hollywood studio this year, and not because it is the grandest, the most ambitious or even the most original. On the contrary: it is a quiet, intimately scaled three-person drama directed in a patient, easygoing style, without any of the displays of allusive cleverness or formal gimmickry that so often masquerade as important filmmaking these days.

If you haven't seen it yet, do yourself a favor and get the DVD - it just came out this week. Clint Eastwood is his usual brilliant self - from Joe to
Harry Callaha to Frank Horrigan, Clintwood has always been a stellar actor and a tremendous tough guy. As grizzled boxing trainer Frankie Dunn, he may have his toughest, most bad ass character yet. Think Burgess Meredith meets George Patton. On top of his tremendous acting job, he has also turned into one of Hollywoods top directors, and this movie - with its haunting soundtrack, gritty cinematography, alternating tempos, and tear jerking honesty may be his best work yet.

Hillary Swank, originally from Lincoln Nebraska, nails the part of the lonely, poor and rejected daughter of a Jerry Springer style white trash family from Missouri. Her accent is dead on, and like Survivor urged, she has the Eye of the Tiger as she first lobby's for a place in Clint's gym and then directs her own rise to worldwide stardom and the world championship. I've now seen her in perhaps the two most unladylike roles possible - as a boxer and as a brutish and confused lesbian and I've got to say she is a hottie.

Not much needs to be said about Morgan Freeman. He continues to be, simply put, one of the best in Hollywood. This performance, from his supporting role as Eastwood's former protege and current assistant Eddie "Scrap-Iron" Dupris to his calm, cool, and collected narration of the film, is second only to his breakthrough role in the Shawshank Redemption (I know he had a ton of roles before that - I believe he was nominated for an academy award in Driving Miss Daisy - but for me it was his work in Shawshank that really sets him apart and will be remembered for generations). To quote Bill Crystal, simply marvelous.

There is a tremendous twist at the end of the movie which is foreshadowed by an early conversation between Swank and Eastwood. I won't give it away here, but I warn you that the subject matter is presented in a way that truly conveys the tremendous hurdles one would face if placed in the same predicament.

Tremendous film. Five Flaming Barrels

Friday, July 15, 2005

Book Signing

From the NRA-ILA alert

David T. Hardy, coauthor of Michael Moore Is A Big Fat Stupid White Man, will be having a booksigning in Williamsburg, at the University of William & Mary Bookstore, on Sunday, July 17, from 1:00-3:00 p.m.

I probably don't need to remind you that he is also a contributor the Of Arms & The Law blog.

If your in the area, check it out.

2 millionth

I'd liek to say it was me who was about to hit 2 million visitors, but rather it is Acidman. Go visit him. Now. Be the 2 millionth visitor.

A Rally For What's Right

No, not on Iraq or Kelo, but it is all about taking what's ours.

WHAT: Capitol Hill rally to urge broad, common-sense reforms to Endangered Species Act (ESA)
WHO: Landowners, Employers, Conservationists, Grassroots Activists, Business Leaders, Members of Congress, Others
WHERE: West Lawn of the U.S. Capitol, Washington, DC
WHEN: Tuesday, July 19, 11:15 a.m.
WHY: To allow many divergent interests to join in calling for Congress to fix the Endangered Species Act

I'll be there and will post pictures afterwards.

The Media

Not that anyone really needs to prove how pathetic they've become but come on. From my view here, I find it hard to fathom how people could live amongst these schmucks. I grew up in the heart of liberal lala land (Jersey suburbs outside New York) but things have seriously taken a turn for the worst.

Is Columbia the worst school in America? It's sure striving to give Berkley and Brown a run.

Gun Banners
Fucking Over History Left and Right

Thanks to the gun banners, it looks like another valued historic artifact is doomed to the kettle.
He bought it for two packs of Chesterfield cigarettes. He sold it for a $75 Target gift card.

But World War II Navy veteran Bruno Filippelli never knew the Japanese rifle that collected dust in his closet for 60 years was a bona fide wartime treasure.

He turned it over to West Palm Beach police Saturday during the city's gun buy-back program, and the rare and valuable firearm — better suited in a polished museum or with a wealthy weapons collector — now lies alongside 450 other submitted shotguns, handguns and assault rifles in the department's evidence storage room.

"I feel like an idiot," said Filippelli, 79, four days after selling the rifle and just a few hours after discovering its worth.

And police say they're not giving it back. In fact, the gun could soon be melted down and destroyed with the others.

The controversy over the rare gun erupted when a picture of Filippelli turning over the rifle appeared in the Sunday edition of The Palm Beach Post. A Palm Beach police officer recognized the rare rifle, researched the gun and then delivered the bad news to Filippelli Wednesday.

"He told me, 'If I was you, I never would have turned it in,' " Filippelli said.

The gun, an Arisaka Type 99 pressure test rifle, is one of less than 100 ever produced. There are as few as 50 left, including about 20 in the United States, according to gun experts and dealers. The type of rifle was never used in the field. It was designed to test the chamber pressure and bullet velocity for the Type 99 rifle, which Imperial Japanese forces widely used throughout World War II.

Actually, I doubt the cops will melt it down. Being as corrupt as any other government agency, the West Palm Beack police department will probably sell it to a collector (or museum) for a ton of money and use the proceeds to further infringe on America.

Fuckers. A pox on all of them, including any police departments that run these scams.

Sweet Ladies

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Hell In A Handbasket has more of these babes from another day. I think its about time for a C&R.

All Rock, No Action

This Op-Ed appears in today's New York Times. In light of how much I have posted about Pink Floyd, I think it makes a tremendous point and I am shocked (and delightfully surprised) that the Times would run it.

Go there and read it.

It starts with a bang.
We have nothing against those who this month, in a stadium, a street, a park, in Berlin, London, Moscow, Philadelphia, gathered crowds and played guitar and talked about global poverty and aid for Africa. But we are troubled to think that they are so misguided about what Africa's real problem is, and dismayed by their willingness to propose solutions on our behalf.

We Africans know what the problem is, and no one else should speak in our name. Africa has men of letters and science, great thinkers and stifled geniuses who at the risk of torture rise up to declare the truth and demand liberty.

Don't insult Africa, this continent so rich yet so badly led. Instead, insult its leaders, who have ruined everything. Our anger is all the greater because despite all the presidents for life, despite all the evidence of genocide, we didn't hear anyone at Live 8 raise a cry for democracy in Africa.

And ends with a boom!

In Africa, our leaders have led us into misery, and we need to rid ourselves of these cancers. We would have preferred for the musicians in Philadelphia and London to have marched and sung for political revolution. Instead, they mourned a corpse while forgetting to denounce the murderer.

What is at issue is an Africa where dictators kill, steal and usurp power yet are treated like heroes at meetings of the African Union. What is at issue is rulers like François Bozizé, the coup leader running the Central Africa Republic, and Faure Gnassingbé, who just succeeded his father as president of Togo, free to trample universal suffrage and muzzle their people with no danger that they'll lose their seats at the United Nations. Who here wants a concert against poverty when an African is born, lives and dies without ever being able to vote freely?

But the truth is that it was not for us, for Africa, that the musicians at Live 8 were singing; it was to amuse the crowds and to clear their own consciences, and whether they realized it or not, to reinforce dictatorships. They still believe us to be like children that they must save, as if we don't realize ourselves what the source of our problems is.

Like I've said before, outdated second amendment my ass.