Random News and Notes 22 May
On this date in 1781, Major General Nathanael Greene and 1,000 Patriots attempt an attack on the critical village of Ninety Six in the South Carolina backcountry. After failing to seize the fortified settlement, they began a siege of it, which lasted until their retreat on June 18, making it the longest of the Revolutionary War.
Ninety Six, on the Saluda River, was critical for the defense of the northwest portion of the state and the most strategically important position in South Carolina after Camden. It was manned by 550 Loyalists commanded by British Lieutenant Colonel John Harris Cruger. The Patriots lay siege to the city beginning on May 22, using siege lines—trenches and structures built for the use of the besieging army and its artillery—which were designed by the Continental Army’s noted engineering talent Thaddeus Kosciusko and are considered the best example of their kind in the United States.
The first major wagon train to the Pacific Northwest departs from Elm Grove, Missouri, on the Oregon Trail. Some 1,000 people and 5,000 oxen and cattle set out on this date in 1843 participating in what became known as the Great Emigration of 1843.
The 1843 train comprised more than 100 wagons with the herd of oxen and cattle trailing behind. Dr. Elijah White, a Presbyterian missionary who had made the trip the year before, served as a guide. The migration of 1844 was smaller than that of the previous season, but in 1845, it jumped to nearly 3,000. Thereafter, migration on the Oregon Trail was an annual event, though the practice of traveling in giant convoys of wagons gave way to many smaller bands of one or two-dozen wagons. The trail was heavily traveled until 1884, when the Union Pacific constructed a railway along the route.
We start with an unsurprising update on a story I first brought you a few days ago. If you will recall, I told you about the random shootings in Austin and how the local cops had caught the three. I also said that they had not been identified at that point. Well, the Austin PD was actively trying to hide the names. They leaked though. All three are illegals and at least one had been arrested and released by the uber-progressive Austin DA without notifying ICE so he could avoid deportation.
It is long past time to hold any-and-all government officials who go soft on this kind of thing responsible. If you grant bail, reduce charges, give a sweetheart plea deal or go soft on them in any other way, you should be on the hook as an accomplice when they re-offend.
Kerry Sheron owns a house in Escondido California. The house is well known locally because it is decorated with US flags and pro-Trump merch. Being California, the house has been vandalized previously. A neighbor took it a step further and savagely beat Sheron on the street. Thomas Caleb Butler, 32, attacked Sheron, leaving the veteran with extensive facial injuries and on life support. According to Sheron’s wife, the Vet is not expected to survive. Police arrested Butler on attempted murder charges. A good samaritan utility worker who stepped in was also hurt.
The cops have yet to assign a motive for the attack, but -again – this is California, so we can be reasonably sure it was politically motivated. Act accordingly.
A pair of Supreme Court decisions and an Order dropped yesterday. We start with the order. In a case called Hamm v Smith – a Death Penalty case out of Alabama – the Supremes decided they had improvidently granted certiorari. In other words, the Court having previously agreeing to hear the case has decided to not hear it. The Question before the Court involved the Atkins question about IQ and the death penalty. The petitioner, Joseph Smith, killed someone, was found guilty and sentenced to death. Atkins requires an IQ score of 70 or higher, Smith – on 5 different full IQ tests – scored between 72 and 85. He claimed that because IQ test scoring is a range-based system that he could be below the 70 score and therefore ineligible for ol’ Sparky.
In my amateur court-watcher opinion, the case in front of the court was not sufficiently developed before they originally granted cert. I also think the fact set in the case makes it a bit muddy as to the actual question of Atkins and IQ test based death penalty eligibility.
The first decision we will talk about today is MK Employee Solutions v Trustees of the IAM National Pension Fund. This is a technical question of law about underfunded pension plans and withdrawal rates. In a unanimous 9-0 opinion written by Justice Ketanji Brown Jackson, the Court ruled that under ERISA (Employee Retirement Income Security Act of 1974), multiemployer pension plans calculating an employer’s withdrawal liability do not have to use actuarial assumptions (such as discount rates) that were formally adopted on or before the statutory measurement date. Dry, but important stuff if you are a part of a defined contribution retirement plan like an old school Union pension
The second decision is one that interests me, if for nothing more than timing. In Havana Dock Corp. v Royal Caribbean Cruises an 8-1 court – with Justice Thomas writing the majority opinion – ruled in favor of Havana Docks (a U.S. company), holding that cruise lines can be held liable under Title III of the Helms-Burton Act (also known as the LIBERTAD Act) for “trafficking” in confiscated Cuban property.
This one requires some history. When the commies took over Cuba they expropriated all kinds of corporate properties including that of Havana Dock Company, who at the time held the exclusive rights to operate the docks and there rest of the waterfront infrastructure in the Cuban Capitol. The cruise lines (including Royal Caribbean, Carnival, Norwegian, and MSC) used the Havana port docks for their ships between 2016 and 2019.
The key holding is that Havana Docks does not need to prove the cruise lines trafficked in its exact remaining property interest. Using the physical docks that were confiscated is enough to establish liability. The Supreme Court vacated the Eleventh Circuit’s pro-cruise line ruling and sent the case back for further proceedings. This could result in hundreds of millions of dollars in damages against the cruise companies. It is important to note that the cruise lines are the ones liable for damages not the Cuban government.
I do not cover many trans issues in this space unless it involves trans violence. I avoid it mostly because there can be complex mental health issues at play. Today will be an exception. Yet another detransitioner has won their case against the “medical professionals” that transed them. This time it was Camille Kiefel. Keifel had a long history of mental health challenges including trauma, depression, suicidal ideation, and ADHD. Despite this, all it took were a few short telehealth sessions with therapists to get approval for a double mastectomy after Kiefel identified as ‘nonbinary.’
Now Kiefel, 36, has settled a lawsuit against two providers who wrote referrals for that mastectomy. While the terms of the settlement are confidential, The New York Post said Kiefel will reportedly receive $3.5 million.
From the Post:
Kiefel underwent a double mastectomy in August 2020, based on two referral letters for surgery from Amy Ruff, a licensed clinical social worker, and Mara Burmeister, a licensed professional counselor.
The complaint, filed in 2022, also names their respective employers, Brave Space, and the Quest Center for Integrative Health. The complaint alleged Kiefel was approved for surgery after two Zoom sessions, each lasting approximately an hour or less.
This is the second major suit filed and won by detransitioners recently. Another detransitioner, Fox Varian, won $2 million after she filed a lawsuit following a double mastectomy at the age of 16.
With any luck suits like this and the liability they impose will end the practice of gender affirming care.