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State of New York v Trump (Stop DOGING)

Whenever I see a motion for a TRO, Preliminary Injunction or a Stay, the opinion of the court always includes a reference to —Winter V. Natural Resources Defense Council, Inc., 172 L. Ed. 2d 249 (2008).

These are known as the “Winter Factors”. They must be addressed in order by the court before granting any of the above.

The first factor is the likelihood of success on the merits. Is the person requesting the TRO, PI or Stay going to win the case in the end? If it is more likely than not, then the first factor has been met.

The second factor is the question of the amount and type of harm being done. The key phrase is irreparable harm. In short, this means that the harm cannot be redressed by throwing money at it. All violations of Constitutionally protected rights are considered irreparable harm. You will never again have that opportunity at that moment of time with those people listening back again.

The third factor is the balance of equities. Who will be most harmed whether the motion is granted or not granted. If the motion being granted will force a business to close, while not granting it will impose an eyesore, the balance of equities’ favorers not granting the motion.

The final factor is what is in the best interest of the public. The public has no interest in enforcing unconstitutional laws. This always favors The People. The state will often argue that “keeping the public safe” is the correct scale to use for determining what is in the publics best interests.

The court did not use the Winter Factors.

Injunctive relief “is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion.” Sussman v. Crawford, 488 F.3d 136, 139 (2d Cir. 2007) (per curiam) (cleaned up). Plaintiffs seeking a preliminary injunction must show that “(1) they are likely to succeed on the merits; (2) they are likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities tips in their favor; and (4) an injunction is in the public interest.” New York v. U.S. Dep’t of Educ., 477 F. Supp. 3d 279, 293 (S.D.N.Y. 2020). If the federal government is the opposing party, then the latter two factors merge. Id. at 294 (citing Nken v. Holder, 556 U.S. 418, 435 (2009)). Moreover, the establishment of irreparable harm is the “single most important prerequisite for the issuance of a preliminary injunction.” Faiveley Transp. Malmo AB v. Wabtec Corp., 559 F.3d 110, 118 (2d Cir. 2009) (quotation marks and citations omitted).

And this is why she is using the Nken instead of Winter To be able to discount the likelihood of success because of the amount of harm. In other words, instead of having to prove they are likely to win on the merits, the plaintiffs have chosen to prove that they might be horribly harmed if some hypothetical comes true.

Yeah, that doesn’t make much sense to me.

IANAL. My opinion is that the first question to be resolved is if the APA law(s) passed by congress limiting the power of the President are constitutional. If they are not constitutional, then they must be vacated and there is no cause for the case.

Instead, the court assumes the APA overrides the authority granted to the President under the Constitution. She then turns the Winter standard on its head.

Even though the text reads To establish a likelihood of success on the merits, a plaintiff need not show that success is an absolute certainty. It need only make a showing that the probability of … prevailing is better than fifty percent.

The plaintiff bears the burden. Not the defendant. This judge says it is the States that bear the burden.

The gist of this is that the courts are planning to ignore the Constitutional issues as much as possible and instead base their opinions on laws that are unconstitutional.

Moving right

I’ve written and deleted this post a dozen times… but here it goes.

This week, a large group of people who have never met me, never seen what I have done for Western North Carolina, attempted to get me fired from my job.

Let me be very clear.

If you think you can intimidate me into silence… go fuck yourself.

Anyone who knows me on this platform knows I have a heart for hurting people and I will fight to the ENDS OF THE EARTH to make sure their voice is heard.

What happened here in Western North Carolina is nothing short of one of the worst disasters of federal emergency help in government history.

I don’t talk about this much, but I was ABSOLUTELY NOT a MAGA republican before the storm.

I’m a tech bro that works remotely in WNC for a Seattle smart home company. I’m the EPITOME of someone who is liberal. I watched CNN exclusively for YEARS.

I was the person that thought I was better than YOU for holding a political opinion I hadn’t fully thought through.

I was that guy, and to those who knew me that way, I’m so sorry. I wish I could take back that arrogance.

But now I know what I wish I knew long ago…

For so many people, including me for years, it was the APPEARANCE of acting good that mattered, not the TRUE ACT of doing good in the word.

If you’re reading this, and that’s you, and you want to change… please, I invite you to scroll through my posts for the past 4 months and see what has happened in Western North Carolina.

Once you see it, you cannot unsee it.

Maybe your heart will change, mine did, and if it happened to mine… the hardest heart in the entire universe… I know it can happen to you too.

When people run into the evil that is the left, they find that the center has left them right of center. Welcome

Call for Submissions!


Call for submissions!

The Turning Leaf Tavern is a way-station for people traveling throughout the fantasy realms. Here, you can find Hobbits and Elves, Humans, Dwarves, Half-feet, and representatives of a hundred different races and fictional worlds. They find themselves at the tavern’s door when need calls, and within its walls they find succor and good cheer. The tavern itself is in its own universe, designed by M. Allyson Szabo, and has its own stories to tell.

Tales from the Turning Leaf Tavern will not be just about the tavern, though. The stories within its pages will come from you, the writers of the world. The anthology will be comprised of somewhere between 15 and 25 stories, each with a recipe or four at the end, so that readers may share in the glory of the story’s victuals. That said, Allyson has decided to provide some preliminary tales about the tavern and its denizens for writers to riff off of. You, the authors, have permission to use the Turning Leaf Tavern and its people in your writing, though M. Allyson Szabo retains the copyright to the tavern itself and the characters she created to go with it. Your stories, even the ones with Turning Leaf and the folk within, belong to you, the original authors.

This anthology will be comprised of fantasy stories that are original and unique, paired with recipes that go along with the tales that are told. If you have a story that is set in a fantasy world, is between 2500 and 6000 words, and that involves a tavern and its food in some way, then we would love to read it!

Submissions opened on January 1st, 2025, and will close on March 31, 2025. The exact number of stories has not been set, and will depend upon the submissions made to the anthology. Please note that submission does not equal acceptance. We will contact everyone who has submitted a story and recipe by April 30, 2025 to inform them of the status of their submission.

For full information about the proposed anthology and the world of the Turning Leaf Tavern, you can read here: https://mallysonszabo.weebly.com/turning-leaf-tavern.html

[Jimmy Carter, head-and-shoulders portrait, facing front, next to an American flag]. Photograph by photographer Karl Schumacher, 1977. From the Presidential File Collection. Library of Congress Prints & Photographs Division. https://www.loc.gov/item/96522672/

President Carter is dead

May his time in Hell be tempered by the good he did after he was no longer in office.

In my opinion, this man started the decline of respect for the United States. His policies were so bad that we still have not recovered from them.

The Middle East is a cesspool of tribes. All of which hate each other, except maybe the Jewish people.

Middle Eastern tribes respect only one thing, power. If you have power, you are respected. If you do not have power, you are less than the dirt beneath their sandals.

The Peanut farmer let the US embassy in Iran be taken multiple times by “students”.

He was so afraid of “offending” the Iranians, that he ordered the Guards at the US Embassy to be disarmed. AFTER they were over run.

When the “students” took over and took hostages, he sat with his thumb up his arse playing footsy with Mrs. Peanut Farmer for 100s of days.

I know, personally, that there were troops in the air within hours of the hostages being taken. I know, personally, that there was a plan to retake the embassy within a few hours of it being taken.

That weakness led to the fall of Iran. Which turned it into the terrorist state of Iran.

The World Trade Center bombings? Jimmy’s fault.

The bombing of the U.S.S. Cole? Jimmy’s fault.

9/11? Jimmy’s fault.

The slight tinge of regret I have is for his Wife. I don’t think she is in Hell with him.

turkey a la king in a bowl

The Weekly Feast – Turkey a la King

Ally's homemade turkey a la king.
Ally’s homemade turkey a la king.

Last week I cooked up a turkey breast that had been lurking in the freezer for a while. It was a lovely treat, and we really enjoyed it. However, with just a few of us here at the house these days, even cooking up just a breast is a bit much. I decided I would make turkey pot pies out of the leftovers, some of which we’d eat right away, and some that could go in the freezer. The grocery store was sadly lacking in pie crusts, and I’m just not great at making them. So I decided to try Turkey a la King, because it was sort of an inside out turkey pie. The end result was incredibly delicious, and we really enjoyed it! I hope you do, too.

Ingredients

  • 4 tbsp butter or margarine
  • 1/2 medium yellow onion, finely chopped
  • 1 medium carrot, peeled, finely chopped
  • 1 stalk celery, finely chopped
  • 5 tbsp all-purpose flour
  • 2 cups low-sodium chicken broth
  • 1-1/2 cups milk (oatmilk also works)
  • salt and pepper to taste
  • 1-1/2 lbs cooked turkey breast, cut into 1″ chunks
  • 1 cup frozen peas or mixed vegetables
  • 1/2 cup mashed potatoes
  • 1/4 cup chopped fresh parsley
  • Warm biscuits or puff pastry shells for serving

In a large skillet or cast iron pot, melt the butter over medium high heat. When the butter is bubbling slightly and is completely melted, add in the carrot, onion, and celery. Cook for about ten minutes, until the vegetables are softened.

Add in the flour, and quickly stir to coat all the vegetables as evenly as you can. Immediately whisk in the broth, milk, and salt and pepper. Add the liquid slowly while whisking rapidly throughout, to achieve a silky smooth finish. This part should take about five minutes to complete. Add in the turkey, potato, and peas, and stir occasionally until the dish is warmed through, about ten more minutes.

In a large skillet over medium-high heat, melt butter. Add mushrooms, onion, carrot, and celery and cook, stirring often, until softened, 8 to 10 minutes.

Serve the turkey mixture over top of the biscuits or puff pastry shells, and sprinkle with a bit of fresh minced parsley for color and flavor.

Notes:
So traditionally, this would be made with 8 oz or so of sliced mushrooms. I didn’t have any on hand, so this is my version of the more traditional recipe. I used an old fashioned biscuit recipe for this, but you could do any biscuits, including the “quick” ones on a box of Bisquick.

If you find that your finished product isn’t thick enough, you can fix it in one of three ways. First, you can use the traditional route, which is to make a roux in another pan and then add the roux to the boiling turkey mixture. Stir well, and it should thicken. Second, you can make a slurry (a tablespoon of flour or cornstarch with just enough cold water to make a thin paste) and add that to the boiling turkey mixture. Stir, and it should thicken up. The third, and inarguably the easiest method, is to add a teaspoon or so of potato flakes to the mixture. Simply sprinkle potato flakes on top of the boiling turkey  mixture, and then stir. Continue to add more potato flakes a little at a time until the desired thickness is achieved.

An off duty soldier moves through the Jerusalem Nachlaot neighbourhood early in the morning. In peacetime, when security isn't heightened, you would only usually see out of uniform individuals carrying their weapon while travelling between home and base.

When the 2nd Crosses the Atlantic

The suspicion of an attack on Route 4 is growing: a fatally wounded person at one scene and a moderately wounded person at a second scene Amit Segal on Telegram, Google AI translation

Five injured Amit Segal

One of them died of his wounds Amit Segal

Ben Gvir: The person who killed the terrorists was a citizen who received a weapon thanks to my reform. Amit Segal

Ben-Gvir has advocated for increased private gun ownership, significantly relaxing the country’s traditionally stringent gun control laws and easing the rules of engagement for police officers. Last August, Ben-Gvir publicly commended an Israeli settler for fatally shooting a Palestinian teenager during a clash near the West Bank town of Burqa. After Oct. 7, Ben-Gvir called for a national campaign to give weapons to Israelis. His former cover photo on X, formerly Twitter, said in Hebrew, “Israel is arming!”
Winter V. Natural Resources Defense Council, Inc., 172 L. Ed. 2d 249 (2008)

The title on the web page is now “Israeli Civilians Are Taking Up Arms”.

The article is another anti-gun screed by the normal people, decrying the number of deaths “caused” by guns.

One of the things that Ben-Gvir’s new regulations have accomplished is that Israeli citizens are no longer disarmed after a self-defense shooting.

While we in the US have backup guns for our backup guns, many people that own firearms in foreign countries consider themselves to be lucky to have just one. … the practice of requiring citizens involved in an attack to hand over their personal weapons for extended examination and investigation.Missing citations for QJSUMI46

It seems like they are starting to come around to “it is a good idea for people to be armed”.

To put this in some sort of perspective, Israel is smaller in area than New Hampshire. It is a little longer north-south and about the same east-west. There isn’t a place in New Hampshire that you can’t reach from the border within an hour of driving.

The enemies of Israel surround it. There is no place more than an hour from the border with hostiles.

Issues update

Three steps forward, 2 steps back, we should be stable.

Nerd stuff: We upgraded our infrastructure, again. We moved from a copper to a fiber backbone. Server links are now up to 25Gbit/second. Everything went smoothly until we started our final tests. It appears that the new switch defaulted ports in the wrong direction.

This default blocked traffic from our distributed network file system. The switch has been beaten into submission, and is now performing its duties correctly.

Tuesday Tunes

In two days it will be July 4th. The 4th of July holds a special place in my heart.

It is one of 365 days of the year when I give thanks for being privileged to have been born in these United States.

I live in a country where there is more freedom than in any other country. I have the freedom to travel, to speak, to defend myself. I have the freedom to grow, to learn, to sing (badly), to laugh and to love.

The amount of freedom I have is unrivaled.

I do not have the talent to put my love of country into song or verse. I can only say, I am proud to be an American.