This week marks the 40th anniversary of the Staggers Rail Act of 1980, which deregulated American freight…
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Happy 40th to the Staggers Rail Act, Which Deregulated and Saved the U.S. Rail Industry

This week marks the 40th anniversary of the Staggers Rail Act of 1980, which deregulated American freight rail and saved it from looming oblivion.

At the time of passage, the U.S. economy muddled along amid ongoing malaise, and our rail industry teetered due to decades of overly bureaucratic sclerosis.  Many other domestic U.S. industries had disappeared, and our railroads faced the same fate.  But by passing the Staggers Rail Act, Congress restored a deregulatory approach that in the 1980s allowed other U.S. industries to thrive.  No longer would government determine what services railroads could offer, their rates or their routes, instead restoring greater authority to the railroads themselves based upon cost-efficiency.

Today, U.S. rail flourishes even amid the coronavirus pandemic…[more]

October 13, 2020 • 11:09 PM

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Jester's CourtroomLegal tales stranger than stranger than fiction: Ridiculous and sometimes funny lawsuits plaguing our courts.
Biden the “Uniter?” A Brief Review of His Tawdry Judicial Nomination History Print
By Timothy H. Lee
Thursday, September 24 2020
After all, Biden is the man who, alongside the late Senator Ted Kennedy (D – Massachusetts) unleashed what has become take-no-prisoners judicial confirmation warfare in 1987 over Judge Robert Bork.

So Joe Biden’s latest awkward flip-flop occurred this week, when he reversed a June commitment to identify potential Supreme Court nominees should he become president.  

With Supreme Court vacancies suddenly occupying center stage in the presidential campaign upon the passing of Justice Ruth Bader Ginsburg, Biden unconvincingly rationalized, “Anyone put on a list like that under these circumstances will be subject to unrelenting political attacks, because any nominee I would select would not get a hearing until 2021 at the earliest, and she would endure those attacks for months on end without being able to defend herself.”  

That’s odd, since the dozens of judges named by President Trump as potential nominees since his 2016 campaign have somehow escaped that harrowing fate, even with a mainstream media heavily invested in harassing conservatives and defeating President Trump in both campaigns.  

Perhaps Biden somehow believes that left-leaning media would treat his potential nominees with less deference than Trump’s, but if that’s the case then perhaps he really is as cognitively “shot” as Trump keeps suggesting.  

At any rate, Biden’s new stance contradicts his statement in June that, “We are putting together a list of African-American women who are qualified and have the experience to be in the court, and I am not going to release that until we go further down the line in vetting them as well.”  

Never mind, apparently.  

More generally, Biden’s campaign theme of returning “unity” and “normalcy” to the nation is an odd one, especially as it relates to judicial nominations.  

After all, Biden is the man who, alongside the late Senator Ted Kennedy (D – Massachusetts) unleashed what has become take-no-prisoners judicial confirmation warfare in 1987 over Judge Robert Bork.  Few stunts in modern political history assaulted our collective sense of “unity” and “normalcy” as that, yet Biden now asks Americans to accept that he’ll restore those ideals to American politics generally and the judicial confirmation process more specifically?  

That ship sailed in 1987, Joe, with you playing First Mate to Ted Kennedy’s Captain.  

Lest one deem that unfair or hyperbolic, just consider the objective record.  

Consider that in 1986, archconservative Antonin Scalia was confirmed to the Supreme Court by a 98-0 vote, which included Senator Joe Biden.  One year later, however, with the Senate now controlled by Democrats, Biden and Kennedy commenced their judicial warfare campaign that endures to this day by slurring the reputation of Judge Bork, whose intellect and professional achievements closely paralleled Scalia’s.  

Judge Bork perfectly captured Biden’s profile in cowardice in his masterpiece “The Tempting of America”:  

Senator Biden told the Philadelphia Inquirer in November 1986, “Say the administration sends up Bork and after our investigation he looks a lot like another Scalia, I’d have to vote on him and if the groups tear me apart, that’s the medicine I’ll have to take, I’m not Ted Kennedy.”  My record was in fact almost identical to Scalia’s.  We voted the same way on the Court of Appeals 98 percent of the time, and on the one major case where we differed we did so because I favored a First Amendment defense in a libel action.  But seven days after my nomination, Biden was visited by representatives of the Leadership Conference on Civil Rights, the Alliance for Justice, the Women’s Legal Defense Fund, and the National Association for the Advancement of Colored People Legal Defense and Education Fund, and he at once stated that he would oppose the nomination and would lead the fight in the Senate.  

Thus, honoring one’s commitments and maintaining a sense of institutional “normalcy” certainly aren’t among Biden’s distinguishing characteristics through the decades.  

Four years later, Biden bungled the confirmation hearings for Supreme Court nominee Clarence Thomas, and decades later contradicted himself again by renouncing his position at that time and prostrating himself to Anita Hill.  

In 1992, Biden issued what became known as the “Biden Rule” amid a presidential campaign, which he has also now come to regret.  Namely, Biden asserted that “divided government” with the White House and Senate controlled by different parties prevented a “national consensus” necessary to confirm Supreme Court nominees should vacancies arise.  

Today, of course, no such “divided government” exists.  Quite the contrary, President Trump with his own list of potential nominees won the White House, and in 2018 Republicans extended their Senate majority on the specific promise of confirming President Trump’s nominees.  Indeed, voter disgust at how Democrats treated Brett Kavanaugh played a central role in that 2018 election.  

Biden’s real motivation, of course, is transparent.  

He must present himself as a “moderate” to the American electorate, even as the fanatical left increasingly dominates his party and populates his voting base.  But actually identifying potential Supreme Court nominees would immediately expose the falsity of that image, since each person’s radical and objectionable record would be open to inspection.  

President Trump, in contrast, confidently advertises his list of textualist judges.  He won in 2016 on that basis, and Biden the illusory “uniter” understands that the issue may once again prove pivotal this year.  

Question of the Week   
Which one of the following was the first 20th century presidential candidate to call for a Presidential Debate?
More Questions
Quote of the Day   
"We can return to the explosive job creation, rising wages and general prosperity we had before the pandemic. We can have economic freedom and opportunity, and resist cancel culture and censorship. We can put annus horribilis, 2020, behind us and make America great again, again. We can do all this -- if we make the right choice on Nov. 3.The New York Post endorses President Donald J. Trump for re-…[more]
—The Editors, New York Post
— The Editors, New York Post
Liberty Poll   

Do you believe Republicans will continue to hold a majority in the U.S. Senate following the 2020 election?