BREAKING: Judge Angel Kelley (Biden/MA) blocks Interior Secy. Doug Burgum's "Restoring Truth and Sanity to American History" order at nat parks nationwide. Feds must restore race, climate & LGBT mentions documentcloud.org/documents/…

BREAKING: Judge Angel Kelley (Biden/MA) blocks Interior Secy. Doug Burgum's "Restoring Truth and Sanity to American History" order at nat parks nationwide. Feds must restore race, climate & LGBT mentions documentcloud.org/documents/…

The Rationally BASED podcast just covered this exact scenario with an Illinois judge trying to stop a Florida state court lawsuit against AAP over transgender medicine. Amazing what judges who have no concept of the proper judicial role will do. WATCH: youtu.be/vdTR8X4Zfds

🚨 A federal judge in Massachusetts blocked Texas Attorney General Ken Paxton from continuing his state court lawsuit against ActBlue, finding it was likely brought because the platform helped raise money for his Senate rival James Talarico.

For those who remember the City of Grants Pass case, where the Supreme Court held that (obviously) cities can enforce generally applicable anti-camping bans on the public roads and sidewalks without violating the Eighth Amendment, it may not surprise you to learn that the Grants Pass decision is effectively a dead letter in many jurisdictions. Plaintiffs and federal judges have found many other theories to stop cities from cleaning up the streets and sidewalks. Consider this case from Berkeley -- not exactly a bastion of conservatism! Berkeley wants to remove a large homeless encampment because, among other reasons, there was an outbreak of Leptospirosis. Well, a federal judge in San Francisco has ruled that removal of tents and RVs are subject to...the Americans with Disabilities Act! Think about how crazy that is. The ADA requires reasonable accommodations for disabled persons so that they can enjoy City programs and services. But what the judge has effectively ruled is that ADA claimants are entitled to reasonable accommodations from generally applicable laws. That's like says there is an ADA exemption for murder or theft. Obviously that's preposterous. Generally applicable laws are not programs from which one can exempt one's self by claiming to be disabled. The judge also ruled that by removing tents, the City is creating a danger under the state-created danger doctrine and thereby violates due process. I don't know of any case where enforcing generally applicable laws has been held to create a danger. Again, these doctrines aren't intended to allow exemptions from general legal prohibitions. How long do cities and their residents have to live like this? How long until we recognize that allowing several individual federal judges to play God-King-Legislator is unsustainable? By the time this gets up to the Supreme Court, it will have been over a decade since the original Boise decision that disabled cities from enforcing camping bans under the Eighth Amendment. Over a decade where cities and their residents couldn't adopt reasonable policies. THIS is why the SHADOW DOCKET exists. Because federal judges keep doing crazy things, and it's only a matter of time before they get overturned. In the meantime the public health and safety, and our democracy, suffers for years and years.

Our first in-studio recording with all three of us, don't miss this blockbuster episode of Rationally BASED. We cover Florida/AAP lawsuits; Kilmar Abrego Garcia prosecution; and D.C. Circuit trans in military case. As always, lots of lawfare to discuss. youtu.be/vdTR8X4Zfds?si=XTVj…