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The Unpopular Truth
Wednesday, August 30, 2017
A Message to Protesters Seeking Equality, Justice and the Preservation of Freedom:
From the "I have a Dream" speech by Martin Luther King, Jr.
"But there is something that I must say to my people, who stand on the warm threshold which leads into the palace of justice: In the process of gaining our rightful place, we must not be guilty of wrongful deeds. Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred. We must forever conduct our struggle on the high plane of dignity and discipline. We must not allow our creative protest to degenerate into physical violence.
Donovan to City: Staten Island Will Take Columbus Statue If You Don’t Want It
Charlie Daniels recently tweeted that he didn't know what Columbus had to do with the Confederacy, but after Charlottesville, someone vandalized the statue.
By House Representative Daniel Donovan (R-NY, 11th)
Staten Island, NY - August 30, 2017 (The Ponder News) -- Amid calls to remove the Christopher Columbus statue in Manhattan’s Columbus Circle, Congressman Dan Donovan (NY-11) today asked Mayor de Blasio to resolve the matter by donating the statue to the National Parks Service, which controls Great Kills Park on Staten Island.
Donovan said, “Christopher Columbus is a permanent fixture of our national history. Rarely can we trace the wheels of progress over 500 years back to the actions of a single person. If a radical group bent on sanitizing history doesn’t want the statue at Columbus Circle anymore, Staten Island will gladly accept it.”
Donovan represents Staten Island and South Brooklyn in the U.S. House of Representatives. Approximately one-third of Staten Island residents are of Italian descent, among the largest concentrations in the country, and South Brooklyn also has a high density of Italian-Americans.
Donovan continued, “Columbus is a symbol of Italian-American culture. He discovered our land, and generations of Italian-Americans helped build New York. I will fight tooth and nail to see to it that his statue remains a fixture in our city.”
Donovan and his office spoke with senior Department of Interior officials on Thursday afternoon about the matter.
By House Representative Daniel Donovan (R-NY, 11th)
Staten Island, NY - August 30, 2017 (The Ponder News) -- Amid calls to remove the Christopher Columbus statue in Manhattan’s Columbus Circle, Congressman Dan Donovan (NY-11) today asked Mayor de Blasio to resolve the matter by donating the statue to the National Parks Service, which controls Great Kills Park on Staten Island.
Donovan said, “Christopher Columbus is a permanent fixture of our national history. Rarely can we trace the wheels of progress over 500 years back to the actions of a single person. If a radical group bent on sanitizing history doesn’t want the statue at Columbus Circle anymore, Staten Island will gladly accept it.”
Donovan represents Staten Island and South Brooklyn in the U.S. House of Representatives. Approximately one-third of Staten Island residents are of Italian descent, among the largest concentrations in the country, and South Brooklyn also has a high density of Italian-Americans.
Donovan continued, “Columbus is a symbol of Italian-American culture. He discovered our land, and generations of Italian-Americans helped build New York. I will fight tooth and nail to see to it that his statue remains a fixture in our city.”
Donovan and his office spoke with senior Department of Interior officials on Thursday afternoon about the matter.
Self-Driving Vehicles
by House Representative Debbie Dingell (D-MI, 12th)
Washington, D.C. - August 30, 2017 (The Ponder News) -- U.S. Congresswoman Debbie Dingell (MI-12) has joined the 2017 Autonomous Vehicle Summit in Detroit to discuss the future of mobility and automated vehicle legislation she is working to advance through the House of Representatives. In July, the House Energy and Commerce Committee voted unanimously to approve the SELF DRIVE Act which supports the development and deployment of automated vehicles.
“Driverless technology is going to be developed whether we like it or not, and the question before us is whether the United States is going to be the international leader in this area,” said Dingell. “It is critical that we have a strong, flexible regulatory framework for automated vehicles that protects consumers and puts safety first, but also keeps up with the pace of rapidly changing technology. Here in Michigan we’ve been working long and hard to launch the American Center for Mobility in Ypsilanti, and know that enacting federal legislation like the SELF DRIVE Act is imperative to reshaping American innovation for generations to come and ensuring the U.S. remains at the forefront of advanced vehicle technology.”
Dingell was joined by Allison Drutchas, Autonomous Vehicles Counsel at General Motors, for a conversation about how the SELF DRIVE Act addresses automated vehicle testing and regulation, as well as cybersecurity, data privacy and security.
The SELF DRIVE Act clarifies the federal and state roles for regulating highly automated vehicles (HAVs) to encourage the testing, development and deployment of HAVs in the United States. It includes language from five bills introduced by Dingell that:
Create a Federal Advisory Committee within the National Highway Traffic Safety Administration (NHTSA) with subcommittees to examine: mobility access for the disabled community, mobility access for senior citizens and populations underserved by public transportation, and cybersecurity.
Establish new exemptions for motor vehicle safety standards to make easier the development or field evaluation of highly automated vehicles
The legislation includes important safety provisions, including requiring the submission of safety assessment certifications by manufacturers of HAVs and requiring NHTSA to initiate a rulemaking to develop new HAV standards. The legislation also requires manufacturers to develop a written cybersecurity plan that includes vulnerability detection and response practices and a process for controlling access to automated driving systems.
Washington, D.C. - August 30, 2017 (The Ponder News) -- U.S. Congresswoman Debbie Dingell (MI-12) has joined the 2017 Autonomous Vehicle Summit in Detroit to discuss the future of mobility and automated vehicle legislation she is working to advance through the House of Representatives. In July, the House Energy and Commerce Committee voted unanimously to approve the SELF DRIVE Act which supports the development and deployment of automated vehicles.
“Driverless technology is going to be developed whether we like it or not, and the question before us is whether the United States is going to be the international leader in this area,” said Dingell. “It is critical that we have a strong, flexible regulatory framework for automated vehicles that protects consumers and puts safety first, but also keeps up with the pace of rapidly changing technology. Here in Michigan we’ve been working long and hard to launch the American Center for Mobility in Ypsilanti, and know that enacting federal legislation like the SELF DRIVE Act is imperative to reshaping American innovation for generations to come and ensuring the U.S. remains at the forefront of advanced vehicle technology.”
Dingell was joined by Allison Drutchas, Autonomous Vehicles Counsel at General Motors, for a conversation about how the SELF DRIVE Act addresses automated vehicle testing and regulation, as well as cybersecurity, data privacy and security.
The SELF DRIVE Act clarifies the federal and state roles for regulating highly automated vehicles (HAVs) to encourage the testing, development and deployment of HAVs in the United States. It includes language from five bills introduced by Dingell that:
The legislation includes important safety provisions, including requiring the submission of safety assessment certifications by manufacturers of HAVs and requiring NHTSA to initiate a rulemaking to develop new HAV standards. The legislation also requires manufacturers to develop a written cybersecurity plan that includes vulnerability detection and response practices and a process for controlling access to automated driving systems.
Defend Trade Secrets Act (DTSA)
Washington, D.C. - August 30, 2017 (The Ponder News) -- A year after the Defend Trade Secrets Act (DTSA) became law, companies are availing themselves of the ability to protect their formulas, processes and other trade secrets in the federal courts. Introduced in the House by Rep. Doug Collins (R-Ga.), the DTSA guards the trade secrets of U.S. companies—valued at roughly $5 trillion—which are often the target of economic espionage at the hands of foreign interests, including China.
According to the National Law Review and other publications, companies are turning to the DTSA for redress when competing firms or foreign governments steal their intellectual property.
“Last year, Republicans were able to produce the 114th Congress’ most significant piece of legislation protecting intellectual property rights, the Defend Trade Secrets Act. Innovation fuels our economy, and we can’t allow bad actors at home or abroad to appropriate the trade secrets of hardworking Americans.
“The Defend Trade Secrets Act is already protecting intellectual property rights against those who would undermine our economy, and I know that conservatives will continue to lead in this policy space,” said Collins.
The law created a uniform standard for the misappropriation of trade secrets and provides plaintiffs with a way to work across state and national boundaries through civil federal courts. The first verdict in a DTSA case, Dalmatia Import Group, Inc. v. FoodMatch, Inc. et al., awarded $500,000 in damages based on stolen trade secrets, and the number of DTSA cases is growing.
According to the National Law Review and other publications, companies are turning to the DTSA for redress when competing firms or foreign governments steal their intellectual property.
“Last year, Republicans were able to produce the 114th Congress’ most significant piece of legislation protecting intellectual property rights, the Defend Trade Secrets Act. Innovation fuels our economy, and we can’t allow bad actors at home or abroad to appropriate the trade secrets of hardworking Americans.
“The Defend Trade Secrets Act is already protecting intellectual property rights against those who would undermine our economy, and I know that conservatives will continue to lead in this policy space,” said Collins.
The law created a uniform standard for the misappropriation of trade secrets and provides plaintiffs with a way to work across state and national boundaries through civil federal courts. The first verdict in a DTSA case, Dalmatia Import Group, Inc. v. FoodMatch, Inc. et al., awarded $500,000 in damages based on stolen trade secrets, and the number of DTSA cases is growing.
Congressman Cohen Introduces Amendments to Prohibit Federal Spending at Trump-Owned Hotels, Resorts, and other Trump-owned Businesses
Does it matter where Trump spends his leisure time? I seem to recall that Obama spent a LOT of time on the golf course. Are you saying he spent less money there? I wonder if he went to the Trump golf course...
Washington, D.C. - August 30, 2017 (The Ponder News) -- Congressman Steve Cohen, who serves as the Ranking Member of the House Judiciary Committee on the Constitution and Civil Justice, has introduced a series of 16 appropriations amendments to prohibit federal spending at Trump-owned hotels, resorts and other Trump-owned businesses. The amendments were offered to an upcoming appropriations package that is scheduled to be considered on the House floor in September.
“Congress should not allow the President to use his office to profit himself and his family,” said Congressman Cohen. “The President’s refusal to divest from his privately owned businesses creates a conflict of interest when steering federal spending to his resorts and other businesses.”
According to press reports, President Trump spent 40 of his 181 full days in office – approximately 22 percent of his days in office -- at a Trump-branded golf course. It has also been reported that the Secret Service has spent $73,000 on golf cart rentals at Trump properties.
“The President’s refusal to divest also continues to raise serious questions about his compliance with the Constitution’s Foreign Emoluments Clause, which is a vital protection against foreign governments’ corrupting influence.” said Congressman Cohen.
The Foreign Emoluments Clause prohibits the President from accepting payments and other benefits from foreign governments without seeking and receiving Congressional authorization.
“The American people should have total confidence that the President is serving their interest, not his own financial enrichment. President Trump’s refusal to disclose information to Congress or seek Congress’s authorization for accepting profits from foreign governments stemming from his sprawling foreign financial interests is a brazen violation of the Constitution and a danger to our democracy.”
Specifically, Congressman Cohen offered 2 amendments to each of 8 upcoming appropriations bills for Fiscal Year 2018: Interior & Environment; Agriculture and Rural Development; Commerce, Justice, Science; Financial Services; Homeland Security; Labor, Health and Human Services, Education; State and Foreign Operations; and Transportation, Housing and Urban Development. Half of his amendments prohibit federal funds from being spent at Trump hotels and resorts. The other half of his amendments prohibit federal funds from being spent at Trump-owned businesses identified in his financial disclosures. A link to the text of these amendments will be posted when it becomes available.
Congressman Cohen offered similar amendments to an appropriations package that passed the House in July, however the Republican majority blocked them from being considered on the House floor.
Congressman Cohen is helping lead a lawsuit filed by nearly 200 Members of Congress against President Trump for allegedly violating the U.S. Constitution’s foreign emoluments clause.
Last week, Congressman Cohen announced he is drafting articles of impeachment for, among other things, potential violations of the Constitution’s Foreign Emoluments Clause.
Washington, D.C. - August 30, 2017 (The Ponder News) -- Congressman Steve Cohen, who serves as the Ranking Member of the House Judiciary Committee on the Constitution and Civil Justice, has introduced a series of 16 appropriations amendments to prohibit federal spending at Trump-owned hotels, resorts and other Trump-owned businesses. The amendments were offered to an upcoming appropriations package that is scheduled to be considered on the House floor in September.
“Congress should not allow the President to use his office to profit himself and his family,” said Congressman Cohen. “The President’s refusal to divest from his privately owned businesses creates a conflict of interest when steering federal spending to his resorts and other businesses.”
According to press reports, President Trump spent 40 of his 181 full days in office – approximately 22 percent of his days in office -- at a Trump-branded golf course. It has also been reported that the Secret Service has spent $73,000 on golf cart rentals at Trump properties.
“The President’s refusal to divest also continues to raise serious questions about his compliance with the Constitution’s Foreign Emoluments Clause, which is a vital protection against foreign governments’ corrupting influence.” said Congressman Cohen.
The Foreign Emoluments Clause prohibits the President from accepting payments and other benefits from foreign governments without seeking and receiving Congressional authorization.
“The American people should have total confidence that the President is serving their interest, not his own financial enrichment. President Trump’s refusal to disclose information to Congress or seek Congress’s authorization for accepting profits from foreign governments stemming from his sprawling foreign financial interests is a brazen violation of the Constitution and a danger to our democracy.”
Specifically, Congressman Cohen offered 2 amendments to each of 8 upcoming appropriations bills for Fiscal Year 2018: Interior & Environment; Agriculture and Rural Development; Commerce, Justice, Science; Financial Services; Homeland Security; Labor, Health and Human Services, Education; State and Foreign Operations; and Transportation, Housing and Urban Development. Half of his amendments prohibit federal funds from being spent at Trump hotels and resorts. The other half of his amendments prohibit federal funds from being spent at Trump-owned businesses identified in his financial disclosures. A link to the text of these amendments will be posted when it becomes available.
Congressman Cohen offered similar amendments to an appropriations package that passed the House in July, however the Republican majority blocked them from being considered on the House floor.
Congressman Cohen is helping lead a lawsuit filed by nearly 200 Members of Congress against President Trump for allegedly violating the U.S. Constitution’s foreign emoluments clause.
Last week, Congressman Cohen announced he is drafting articles of impeachment for, among other things, potential violations of the Constitution’s Foreign Emoluments Clause.
National Parks
Washington, D.C. - August 30, 2017 (The Ponder News) -- U.S. Interior Secretary Ryan Zinke recommended that President Trump change the borders of “a handful” of National Monuments. The Secretary did not publicly specify which monuments he is recommending be changed, but the recommendation comes after a White House ordered review of 27 National Monuments.
Below are statements and information from the newsmakers about this subject. (Please keep checking back to this page for updates!:
House Representative Judy Chu (D-CA, 27th):
“At the behest of oil companies eager to drill in protected lands, Donald Trump ordered a review of 27 of America’s most beloved national monuments. Now, after visiting just eight of them, Secretary Zinke is ignoring the outpouring of public support from 2.7 million Americans and recommending that an undetermined number be altered. The public deserves to see the complete list of recommendations that were sent to the White House. That he is not recommending any of the monuments be eliminated – as was intended at the start of the review – is an acknowledgement that these monuments all comport with the Antiquities Act. And so he is seeking to change them to cater to corporate interests instead.
“We invited Secretary Zinke to visit the San Gabriel Mountains National Monument to actually hear from the communities that support it. But instead, Zinke and Trump are choosing to listen to corporations and Washington lobbyists. Because of the utter lack of transparency, we do not know if the San Gabriels – which are supported by 80% of Angelenos – are among those to be altered.”
Below are statements and information from the newsmakers about this subject. (Please keep checking back to this page for updates!:
House Representative Judy Chu (D-CA, 27th):
“At the behest of oil companies eager to drill in protected lands, Donald Trump ordered a review of 27 of America’s most beloved national monuments. Now, after visiting just eight of them, Secretary Zinke is ignoring the outpouring of public support from 2.7 million Americans and recommending that an undetermined number be altered. The public deserves to see the complete list of recommendations that were sent to the White House. That he is not recommending any of the monuments be eliminated – as was intended at the start of the review – is an acknowledgement that these monuments all comport with the Antiquities Act. And so he is seeking to change them to cater to corporate interests instead.
“We invited Secretary Zinke to visit the San Gabriel Mountains National Monument to actually hear from the communities that support it. But instead, Zinke and Trump are choosing to listen to corporations and Washington lobbyists. Because of the utter lack of transparency, we do not know if the San Gabriels – which are supported by 80% of Angelenos – are among those to be altered.”
Tuesday, August 29, 2017
Confederate Monuments
Washington, D.C. - August 29, 2017 (The Ponder News) -- U.S. Rep. Brian Babin (R-TX) issued the following statement in response to the removal of Confederate statues at the University of Texas at Austin and across the nation:
"The campaign to remove Confederate monuments across the nation being forced upon us by radical leftists, academia, the mainstream media and the guardians of political correctness is shameful and wrong. Every American should oppose racism and extremism in all its forms. Taking down monuments and hiding our history serves no good purpose, which is why 62% of Americans oppose taking them down and think it's a politically correct mistake.
"We cannot—and must not—erase our history or judge our past leaders by today's standards. The people of Texas overwhelmingly supported the Confederacy in 1862. This historical fact cannot be changed nor hidden – and it shouldn't. It's a disservice to our citizens and our ancestors who helped create this great country we enjoy today. Where do these politically correct demands end? Do we now begin removing statues of George Washington because he was a slave holder over 200 years ago? Do we change the name of Fort Hood in Texas—the largest US Army base in the country—because it is named after Confederate General John Bell Hood?
"The absurdity has gotten so extreme that an Asian-American television sports commentator was recently relieved because his name was Robert Lee! I was informed that the reason Confederate statues have been taken down at UT in Austin is to protect them from vandalism by students. I would ask how they have stood for over a century unscathed all that time by the students! Vandalism is against the law and anyone who destroys public property should be prosecuted. I strongly disagree with these actions that revise our true history and divide our country at a time when we desperately need national unity. Let’s preserve our monuments and address the real problems of our nation."
Congresswoman Yvette D. Clarke announced a plan to remove Confederate monuments from military bases, by introducing “Honoring Real Patriots Act of 2017,” which would require the Department of Defense to change the name of any military installation or other property under its control currently named for individuals who fought against the United States during the Civil War or supported the Confederacy’s war efforts.
The legislation follows requests by Congresswoman Clarke and her colleagues in the Brooklyn Congressional delegation that the Department of the Army change the names of two streets at Fort Hamilton in Brooklyn that are now named for Confederate generals. New York State Governor Andrew Cuomo, New York City Mayor Bill de Blasio, and other community leaders have since joined in calling for the name change. These requests have been refused by the Army.
“The time has come for the Army to remove from Fort Hamilton and other military installations the disgraced names of men who waged war against the United States to preserve the evil institution of slavery. Monuments to the Confederacy and its leaders have always represented white supremacy and a continuing attempt to deny the basic human rights of African Americans. As recent events in Charlottesville, Virginia, have made perfectly clear, these monuments are nothing more than symbols of white supremacy and a pretext for the violent imposition of an evil ideology that should never have persisted into the Twenty-First Century. For hundreds of thousands of Brooklyn residents, as well as troops stationed at Fort Hamilton who are prepared to fight for this nation, the monuments are an insult. It is clear that these symbols remain an inspiration to some who espouse white supremacist ideology to perpetuate acts of terror and violence on peaceful, law-abiding citizens of our nation. Across the United States, cities and states are removing such monuments as an act of reconciliation and respect for people whose humanity has too often been denied. I strongly urge my colleagues to support this legislation and to dedicate themselves to the eradication of white supremacy, now and forever. The time for change is now.”
"The campaign to remove Confederate monuments across the nation being forced upon us by radical leftists, academia, the mainstream media and the guardians of political correctness is shameful and wrong. Every American should oppose racism and extremism in all its forms. Taking down monuments and hiding our history serves no good purpose, which is why 62% of Americans oppose taking them down and think it's a politically correct mistake.
"We cannot—and must not—erase our history or judge our past leaders by today's standards. The people of Texas overwhelmingly supported the Confederacy in 1862. This historical fact cannot be changed nor hidden – and it shouldn't. It's a disservice to our citizens and our ancestors who helped create this great country we enjoy today. Where do these politically correct demands end? Do we now begin removing statues of George Washington because he was a slave holder over 200 years ago? Do we change the name of Fort Hood in Texas—the largest US Army base in the country—because it is named after Confederate General John Bell Hood?
"The absurdity has gotten so extreme that an Asian-American television sports commentator was recently relieved because his name was Robert Lee! I was informed that the reason Confederate statues have been taken down at UT in Austin is to protect them from vandalism by students. I would ask how they have stood for over a century unscathed all that time by the students! Vandalism is against the law and anyone who destroys public property should be prosecuted. I strongly disagree with these actions that revise our true history and divide our country at a time when we desperately need national unity. Let’s preserve our monuments and address the real problems of our nation."
Congresswoman Yvette D. Clarke announced a plan to remove Confederate monuments from military bases, by introducing “Honoring Real Patriots Act of 2017,” which would require the Department of Defense to change the name of any military installation or other property under its control currently named for individuals who fought against the United States during the Civil War or supported the Confederacy’s war efforts.
The legislation follows requests by Congresswoman Clarke and her colleagues in the Brooklyn Congressional delegation that the Department of the Army change the names of two streets at Fort Hamilton in Brooklyn that are now named for Confederate generals. New York State Governor Andrew Cuomo, New York City Mayor Bill de Blasio, and other community leaders have since joined in calling for the name change. These requests have been refused by the Army.
“The time has come for the Army to remove from Fort Hamilton and other military installations the disgraced names of men who waged war against the United States to preserve the evil institution of slavery. Monuments to the Confederacy and its leaders have always represented white supremacy and a continuing attempt to deny the basic human rights of African Americans. As recent events in Charlottesville, Virginia, have made perfectly clear, these monuments are nothing more than symbols of white supremacy and a pretext for the violent imposition of an evil ideology that should never have persisted into the Twenty-First Century. For hundreds of thousands of Brooklyn residents, as well as troops stationed at Fort Hamilton who are prepared to fight for this nation, the monuments are an insult. It is clear that these symbols remain an inspiration to some who espouse white supremacist ideology to perpetuate acts of terror and violence on peaceful, law-abiding citizens of our nation. Across the United States, cities and states are removing such monuments as an act of reconciliation and respect for people whose humanity has too often been denied. I strongly urge my colleagues to support this legislation and to dedicate themselves to the eradication of white supremacy, now and forever. The time for change is now.”
D.C. REQUESTS EN BANC FEDERAL COURT HEARING ON SAF’S WRENN CCW CASE
by The Second Amendment Foundation
Bellevue, WA - August 29, 2017 (The Ponder News) -- The District of Columbia has filed an appeal with the U.S. District Court of Appeals requesting an en banc hearing in a case recently won by the Second Amendment Foundation that struck down the “good reason” requirement for obtaining a concealed carry permit.
The case is Wrenn v. District of Columbia.
“The Second Amendment Foundation expected the City of Washington, DC to file this appeal in an attempt to try to overturn our court victory that said their virtual ban on the right to carry a firearm for self-protection was unconstitutional,” said SAF founder and Executive Vice President Alan M. Gottlieb.
SAF has been battling the city over this issue for some time. The city has strenuously resisted these legal efforts, arguing in its latest petition that the city is “unique” because of its dense population that includes “thousands of high-ranking federal officials and international diplomats.” But earlier this summer, the District Court of Appeals majority opinion is that the “good reason” restriction violates the Second Amendment rights of citizens living in the district.
“They have no intention of complying with any court decision that supports the right to keep and bear arms,” Gottlieb said. “It took the Heller decision to force them to allow a gun in your own home for self-defense. It took the Palmer decision, another SAF case, to force them to repeal their total ban on carry and now they are kicking and screaming about losing the Wrenn decision.”
Gottlieb maintains that even if the District is “unique,” the citizens living there still retain their right to keep and bear arms under the Second Amendment. The city’s “good reason” requirement makes it far too easy to deny all but a few people their rights on the flimsy grounds that average citizens never have a good enough reason. The court recognized this problem and ruled against the District’s requirement, he noted.
“Municipal stubbornness cannot be allowed to outweigh the constitution,” Gottlieb said. “A civil right should not be subject to bureaucratic neurosis.”
Bellevue, WA - August 29, 2017 (The Ponder News) -- The District of Columbia has filed an appeal with the U.S. District Court of Appeals requesting an en banc hearing in a case recently won by the Second Amendment Foundation that struck down the “good reason” requirement for obtaining a concealed carry permit.
The case is Wrenn v. District of Columbia.
“The Second Amendment Foundation expected the City of Washington, DC to file this appeal in an attempt to try to overturn our court victory that said their virtual ban on the right to carry a firearm for self-protection was unconstitutional,” said SAF founder and Executive Vice President Alan M. Gottlieb.
SAF has been battling the city over this issue for some time. The city has strenuously resisted these legal efforts, arguing in its latest petition that the city is “unique” because of its dense population that includes “thousands of high-ranking federal officials and international diplomats.” But earlier this summer, the District Court of Appeals majority opinion is that the “good reason” restriction violates the Second Amendment rights of citizens living in the district.
“They have no intention of complying with any court decision that supports the right to keep and bear arms,” Gottlieb said. “It took the Heller decision to force them to allow a gun in your own home for self-defense. It took the Palmer decision, another SAF case, to force them to repeal their total ban on carry and now they are kicking and screaming about losing the Wrenn decision.”
Gottlieb maintains that even if the District is “unique,” the citizens living there still retain their right to keep and bear arms under the Second Amendment. The city’s “good reason” requirement makes it far too easy to deny all but a few people their rights on the flimsy grounds that average citizens never have a good enough reason. The court recognized this problem and ruled against the District’s requirement, he noted.
“Municipal stubbornness cannot be allowed to outweigh the constitution,” Gottlieb said. “A civil right should not be subject to bureaucratic neurosis.”
SOUTH DAKOTA SALES TAX CASE COULD LEAD TO SCOTUS REVIEW OF 1992 QUILL DECISION
by the Retail Industry Leaders Association
Washington, D.C. - August 29, 2017 (The Ponder News) -- The South Dakota Supreme Court heard oral arguments today in a case that could ultimately persuade the United States Supreme Court to revisit Quill Corp v. North Dakota, a 1992 decision that forbade states from requiring retailers without a physical presence to collect sales tax. In the twenty-five years since the decision, online commerce has exploded, and many policymakers have called for an end to the "loophole" that has given online sellers a distinct competitive advantage over brick and mortar stores.
"The artificial price advantage created by the United States Supreme Court and enjoyed by online-only sellers for two decades has created a significant market distortion, an inequity that has led to the shuttering of thousands of brick and mortar stores," said Retail Litigation Center President Deborah White. "The time has come to rectify this bias and restore basic free market competition."
The case heard today stems from a South Dakota statute passed in 2016 designed to challenge Quill directly. The law, passed overwhelmingly by the Legislature and signed by Governor Dennis Daugaard last spring, requires out-of-state retailers to collect and remit sales tax if they transact more than $100,000 of business in the state or more than 200 sales. The law was signed roughly one year after U.S. Supreme Court Justice Anthony Kennedy recognized in his concurring opinion in DMA v. Brohl that, "[t]he Internet has caused far-reaching systemic and structural changes in the economy" so that "a business may be present in a State in a meaningful way without that presence being physical in the traditional sense of the word." Noting the significant economic harms that were befalling state treasuries and local retailers, Justice Kennedy said that "it is unwise [for the US Supreme Court] to delay any longer a reconsideration of the Court's holding in Quill" and asked the "legal system [to] find an appropriate case for this Court to reexamine Quill."
State and local governments are as anxious as local retailers for a solution. As online sales have grown exponentially, states have experienced a significant erosion of their sales tax base. While many states have been successful tweaking nexus laws and enacting various sales and use tax compliance measures, no state has come close to fully recovering the revenues lost due to Quill. The combination of fewer storefronts and a deteriorating tax base has meant a slow decline in revenue for the 45 states and the District of Columbia that rely on sales tax revenues to fund state and local government operations. States have sought a solution from Congress for more than a dozen years, but despite multiple bill introductions by supportive members of both parties, these efforts have not led to legislation passing both Chambers of Congress.
"States have done virtually everything they can to solve this problem, but it's simply not enough," said White. "Congressional inaction means the only hope for retailers and the states is for the Supreme Court to revisit the Quill decision. This is an appropriate step since the U.S. Supreme Court created this distinction in the first place."
"We are hopeful that the South Dakota Supreme Court will quickly issue an opinion that explains to the federal court the harm the pre-Internet Quill decision has inflicted on both the states and local retailers," added White. "With a quick ruling, it's possible that the U.S. Supreme Court could choose this case to bring resolution to the states and merchant community during its October 2017 term."
RILA is the trade association of the world's largest and most innovative retail companies. RILA members include more than 200 retailers, product manufacturers, and service suppliers, which together account for more than $1.5 trillion in annual sales, millions of American jobs and more than 100,000 stores, manufacturing facilities and distribution centers domestically and abroad.
Washington, D.C. - August 29, 2017 (The Ponder News) -- The South Dakota Supreme Court heard oral arguments today in a case that could ultimately persuade the United States Supreme Court to revisit Quill Corp v. North Dakota, a 1992 decision that forbade states from requiring retailers without a physical presence to collect sales tax. In the twenty-five years since the decision, online commerce has exploded, and many policymakers have called for an end to the "loophole" that has given online sellers a distinct competitive advantage over brick and mortar stores.
"The artificial price advantage created by the United States Supreme Court and enjoyed by online-only sellers for two decades has created a significant market distortion, an inequity that has led to the shuttering of thousands of brick and mortar stores," said Retail Litigation Center President Deborah White. "The time has come to rectify this bias and restore basic free market competition."
The case heard today stems from a South Dakota statute passed in 2016 designed to challenge Quill directly. The law, passed overwhelmingly by the Legislature and signed by Governor Dennis Daugaard last spring, requires out-of-state retailers to collect and remit sales tax if they transact more than $100,000 of business in the state or more than 200 sales. The law was signed roughly one year after U.S. Supreme Court Justice Anthony Kennedy recognized in his concurring opinion in DMA v. Brohl that, "[t]he Internet has caused far-reaching systemic and structural changes in the economy" so that "a business may be present in a State in a meaningful way without that presence being physical in the traditional sense of the word." Noting the significant economic harms that were befalling state treasuries and local retailers, Justice Kennedy said that "it is unwise [for the US Supreme Court] to delay any longer a reconsideration of the Court's holding in Quill" and asked the "legal system [to] find an appropriate case for this Court to reexamine Quill."
State and local governments are as anxious as local retailers for a solution. As online sales have grown exponentially, states have experienced a significant erosion of their sales tax base. While many states have been successful tweaking nexus laws and enacting various sales and use tax compliance measures, no state has come close to fully recovering the revenues lost due to Quill. The combination of fewer storefronts and a deteriorating tax base has meant a slow decline in revenue for the 45 states and the District of Columbia that rely on sales tax revenues to fund state and local government operations. States have sought a solution from Congress for more than a dozen years, but despite multiple bill introductions by supportive members of both parties, these efforts have not led to legislation passing both Chambers of Congress.
"States have done virtually everything they can to solve this problem, but it's simply not enough," said White. "Congressional inaction means the only hope for retailers and the states is for the Supreme Court to revisit the Quill decision. This is an appropriate step since the U.S. Supreme Court created this distinction in the first place."
"We are hopeful that the South Dakota Supreme Court will quickly issue an opinion that explains to the federal court the harm the pre-Internet Quill decision has inflicted on both the states and local retailers," added White. "With a quick ruling, it's possible that the U.S. Supreme Court could choose this case to bring resolution to the states and merchant community during its October 2017 term."
RILA is the trade association of the world's largest and most innovative retail companies. RILA members include more than 200 retailers, product manufacturers, and service suppliers, which together account for more than $1.5 trillion in annual sales, millions of American jobs and more than 100,000 stores, manufacturing facilities and distribution centers domestically and abroad.
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