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Court rules in favor of Texas AG Ken Paxton, declares $1.7T omnibus package unconstitutional

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Texas Attorney General Ken Paxton receives huge win with court ruling delivered on Tuesday deeming the $1.7 trillion omnibus spending package passed in 2022 unconstitutional. This victory marks a pivotal moment in Paxton’s challenge against the legislation, highlighting concerns over the bill’s approval process.

The court’s decision underscores the legal complexities surrounding federal spending and legislative procedures, setting a precedent for future debates and challenges regarding government funding measures. Paxton’s success in contesting the omnibus spending package showcases the role of state attorneys general in upholding constitutional principles and ensuring adherence to legal frameworks within the realm of federal governance.

In December of the previous year, President Joe Biden signed the Consolidated Appropriations Act of 2023, consolidating the federal budget for the year by combining 12 annual appropriations bills into one piece of legislation. However, Texas Attorney General Ken Paxton contested the constitutionality of the bill’s passage in the House, arguing that less than half of its members were physically present to vote, with many voting by proxy. Paxton specifically challenged provisions in the bill that impacted Texas.

“Like many constitutional challenges, Texas asserts that this provision is unenforceable against it because Congress violated the Constitution in passing the law. In response, the defendants claim, among other things, that this Court has no power to address the issue because it cannot look to extrinsic evidence to question whether a bill became law,” the U.S. District Court for the Northern District of Texas, Lubbock Division wrote. “But because the Court is interpreting and enforcing the Constitution—rather than second-guessing a vote count—the Court disagrees. The Court concludes that, by including members who were indisputably absent in the quorum count, the Act at issue passed in violation of the Constitution’s Quorum Clause.”

Quorum Clause opinion

Article I, Section 5 of the U.S. Constitution states:

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Paxton, for his part, celebrated the decision, saying that “Congress acted egregiously by passing the largest spending bill in U.S. history with fewer than half the members of the House bothering to do their jobs, show up, and vote in person.”

“Former Speaker Nancy Pelosi abused proxy voting under the pretext of COVID-19 to pass this law, then Biden signed it, knowing they violated the Constitution. This was a stunning violation of the rule of law. I am relieved the Court upheld the Constitution,” he concluded.

The Texas Public Policy Foundation served as co-counsel in the case.

“The Court correctly concluded that the Consolidated Appropriations Act of 2023 violated the Quorum Clause of the U.S. Constitution because a majority of House members was not physically present when the $1.7 trillion spending bill was passed. Proxy voting is unconstitutional,” TPPF senior attorney Matt Miller said.

Biden Administration

The Biden Admin’s Attempt to Ban Cigarettes Just Days Before Trump Returns Setting Up For Boost in Criminal Cartels and Black Market

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Biden Administration’s Nicotine Ban: A Move Toward Regulation or a Boost for Cartels?

In a controversial move during its final days, the Biden administration is advancing a proposal to drastically lower nicotine levels in cigarettes, effectively banning traditional products on the market. While the administration frames the measure as a step toward reducing smoking addiction, critics argue it will backfire, fueling black markets and empowering criminal cartels.

Regulatory Shift with Broad Implications

The Food and Drug Administration (FDA) confirmed that its proposed rule to establish maximum nicotine levels in cigarettes has completed regulatory review. The measure is part of a broader effort to make cigarettes less addictive, potentially shaping one of the most impactful tobacco policies in U.S. history.

FDA Commissioner Robert Califf previously stated that the initiative aims to “decrease the likelihood that future generations of young people become addicted to cigarettes and help more currently addicted smokers to quit.” However, opponents warn that this policy could create new public safety and economic challenges.

A “Gift” to Organized Crime

Critics of the proposed regulation, including former ATF official Rich Marianos, are sounding the alarm. Marianos described the plan as a “gift with a bow and balloons to organized crime cartels,” arguing that it would open the floodgates for illegal tobacco trafficking.

Mexican cartels, Chinese counterfeiters, and Russian mafias are well-positioned to exploit the demand for high-nicotine cigarettes. These groups, already entrenched in smuggling operations, would likely ramp up efforts to meet consumer demand. This shift would not only enrich organized crime but also compromise public health by introducing unregulated, potentially more harmful products into the market.

Unintended Consequences for Public Health

While the FDA’s goal is to reduce smoking rates, experts suggest the policy may have the opposite effect. Smokers could resort to “compensatory smoking,” consuming more cigarettes to achieve their desired nicotine levels. This behavior increases exposure to harmful chemicals like tar, negating the intended health benefits.

Additionally, the regulation could discourage smokers from transitioning to safer alternatives, such as vaping or nicotine replacement therapies. By removing higher-nicotine products from the legal market, the government risks alienating individuals who might otherwise seek healthier pathways to quitting smoking.

National Security and Economic Concerns

Beyond health implications, the nicotine ban raises significant national security issues. A 2015 State Department report highlighted the role of tobacco trafficking in funding terrorist organizations and criminal networks. Reducing nicotine levels in cigarettes could expand this illicit market, providing criminal groups with a lucrative new revenue stream.

Moreover, law enforcement agencies could face increased pressure as they work to combat tobacco smuggling alongside ongoing efforts to address opioid and fentanyl trafficking. This strain on resources could compromise broader public safety initiatives.

Balancing Public Health and Freedom

The proposed nicotine reduction also ignites debates over personal freedom. While reducing addiction is a laudable goal, critics argue that adults should retain the right to make their own choices regarding tobacco use. For many, the measure feels like government overreach, imposing a paternalistic approach to health regulation.

As the Biden administration pushes forward with its nicotine reduction proposal, the policy’s broader implications remain uncertain. While intended to curb addiction and promote public health, critics warn of significant risks, including empowering organized crime, increasing smoking rates, and straining law enforcement resources.

A more balanced approach—focused on education, harm reduction, and access to cessation resources—may better address smoking-related challenges without creating new societal harms.


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Biden DOJ to Charge 200 More Individuals Involved in January 6 Riot Just Weeks Before Trump Returns to The White House

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As President-elect Donald Trump prepares to assume office, the Department of Justice (DOJ) is considering charges against approximately 200 additional individuals for their roles in the January 6, 2021, attack on the U.S. Capitol. This includes about 60 suspects accused of assaulting or impeding police officers during the riot that disrupted the certification of the 2020 presidential election results.

To date, around 1,583 people have faced federal charges related to the events of January 6, with over 600 charged with felonies involving assaults on law enforcement. The DOJ’s recent disclosure marks the first time prosecutors have provided an estimate of uncharged cases, signaling the potential scope of ongoing investigations. Notably, prosecutors have exercised discretion by declining to charge approximately 400 cases presented by the FBI, focusing instead on individuals who committed multiple federal offenses.

The impending inauguration of President-elect Trump, who has indicated plans to pardon individuals involved in the Capitol attack, adds complexity to these proceedings. His statements have led some defendants to seek delays in their trials, anticipating potential clemency. Judges have expressed concerns about the implications of such pardons, emphasizing the importance of accountability for actions that threatened democratic processes.

As the DOJ continues its efforts, over 200 cases remain pending, underscoring the enduring legal and political challenges stemming from the January 6 events. The situation remains dynamic, with the potential for significant developments as the new administration takes office.

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Biden Admin Hid Info Pointing to Lab Leak Theory From Intel Agencies

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A newly released report alleges that the Biden administration withheld information that pointed to a lab leak in China as the origin of the COVID-19 pandemic from U.S. intelligence agencies, while working with social media platforms to suppress dissenting voices challenging the official narrative. According to the Wall Street Journal, the report claims that the suppression of alternative viewpoints was part of a broader effort to control the narrative surrounding the origins of the virus, particularly the zoonotic theory that COVID-19 jumped from animals to humans.

The debate over the origins of COVID-19 has become a focal point for concerns over censorship and government influence. While some agencies, such as the Centers for Disease Control and Prevention (CDC), supported the zoonotic theory, the FBI stood apart, asserting with “moderate confidence” that a lab leak was the most plausible origin. However, despite this assessment, the FBI was excluded from an intelligence briefing for President Biden in August 2021, leading to concerns from officials within the agency about the omission of their perspective.

The Wall Street Journal’s report highlights the role of social media platforms in silencing opposing views. Public health officials and government agencies allegedly collaborated with platforms like Facebook to remove or flag content that questioned the zoonotic-origin theory. Rep. Jim Jordan, a member of the House Judiciary Committee, revealed that the White House had pressured Facebook to censor narratives contrary to the official stance.

The report also raises concerns about potential conflicts of interest. Adrienne Keen, a former State Department official, was involved in advocating for the World Health Organization’s (WHO) zoonotic findings despite criticism of the WHO’s reliance on data from China. This involvement has led to questions about her impartiality, with some critics suggesting that her work may have discredited the lab leak hypothesis to protect Chinese interests.

Domestic efforts to suppress the lab leak theory were also widespread. Public health officials dismissed the theory as a baseless conspiracy, and social media platforms removed content that raised doubts about the official narrative. The National Institutes of Health (NIH) later acknowledged funding gain-of-function research at the Wuhan Institute of Virology, which could have played a role in the virus’s development, but questions about the research were often dismissed as unscientific or even racist.

Internally, the suppression of information extended to government agencies. The Defense Intelligence Agency (DIA) and the National Center for Medical Intelligence (NCMI) reportedly concluded that the virus was genetically engineered in a Chinese lab, but up to 90% of their findings were excluded from official reports. The DIA’s Inspector General has launched an investigation into the suppression of these critical contributions.

As more evidence supporting the lab leak theory has emerged, support for this explanation has grown. In 2023, the Department of Energy joined the FBI in concluding that a lab leak was the most likely origin of the virus. Former Director of National Intelligence John Ratcliffe has also supported this view, citing the intelligence community’s access to the most information on the matter.

The growing consensus around the lab leak theory raises questions about why it was suppressed for so long. Critics argue that the censorship and control of narratives not only delayed crucial inquiry into the origins of COVID-19 but also undermined public trust in the institutions tasked with managing the pandemic.

This case highlights broader concerns about government-directed censorship and its impact on free speech. The suppression of alternative viewpoints, especially when it comes to critical issues like the origins of a global pandemic, has far-reaching implications for public discourse and democratic principles.

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