memeorandum: Roe and the Original Meaning of the Thirteenth Amendment (Kurt T. Lash/SSRN)

12:30 AM ET, May 25, 2022

Top Items:

Live Updates: ‘We Have to Act,’ Biden Says After 21 Killed at Texas Elementary School — It was the deadliest school shooting since the 2012 massacre in Newtown, Conn. — 19 children and two adults are killed in a Texas elementary school shooting, the authorities say.

Discussion: Associated Press, Daily Mail, KEYE, KSAT-TV, Austin American-Statesman, NPR, The Daily Beast, USA Today, Insider, New York Magazine, National Review, The Texas Tribune, The White House, Reuters, CNN, New York Times, NBC 5 Dallas-Fort Worth, NBC News, Politico, The Hill, Washington Examiner, Associated Press, Bloomberg, Washington Examiner, ABC News, Mediaite, Vox, ABC News, Breitbart, Breaking911, New York Post, HuffPost, HotAir, Reason, The Future, Now and Then, Rolling Stone, The Atlantic, Boston.com, CNBC, Politico, The Daily Beast, KRON4, PolitiFact, NBC 5 Dallas-Fort Worth, New York Post, My Journey to Judaism, Florida Phoenix, The Daily Wire, Otago Daily Times Online News, NBC 5 Dallas-Fort Worth, Deadline, The Daily Dot, New Jersey Online, CBS News, CBS News, Mother Jones, Mother Jones, Sports Illustrated, Talking Points Memo, Fortune, KRON4, El American, al.com, The Hill, The Gateway Pundit, NBC 5 Dallas-Fort Worth, Ace of Spades HQ, Slate, The Gateway Pundit, Daily Kos, The Daily Caller, The Gateway Pundit, USA Today, Mediaite, CBS News, ASBA Government Relations, CBS News, Patterico's Pontifications, Rolling Stone, Twitchy, CBS Philly, Metro.co.uk, Lawyers, Guns & Money, Mediaite, Boston.com, Political Wire, New York Post, The Daily Beast, No More Mister Nice Blog, Disaffected and it Feels …, Variety, PennLive, East Bay Times, The Daily Caller, American Greatness, The Daily Caller, Washington Free Beacon, WCCO | CBS Minnesota, CBS Denver, The Irish Sun, Vanity Fair and NBC 6 South Florida

ABC13:

Death toll in Texas elementary school shooting rises; 19 children, 2 adults killed by shooter — The suspect was identified as 18-year-old Salvador Ramos, a student at Uvalde High School — Death toll rises to 22, mostly children, in TX school shooting — UVALDE, Texas …

Discussion: San Antonio Express-News, The Daily Beast, The Sun, ABC7, Breitbart, RedState, Josh off The Press, CBS News, The Wrap and NewsNation

Washington Post:

Biden urges end to ‘carnage’ of gun violence after 19 children killed at Texas school … President Biden on Tuesday evening urged Congress to end the “carnage” of gun violence after more than a dozen elementary schoolchildren were killed by an 18-year-old in Texas.

NBC News:

19 children, 2 teachers killed in Texas elementary school shooting — ‘Why do we keep letting this happen?’: Biden speaks after Texas school shooting — UVALDE, Texas — At least 19 children and two teachers were killed Tuesday when a gunman opened fire in a Texas elementary school …

Discussion: ABC7, CNN, Wall Street Journal, Breitbart, NBC Chicago, Mediaite, The Gateway Pundit, The Mahablog, TheBlaze, Conservative Review, CBS News and Blue Virginia

Claire Goforth / The Daily Dot:

EXCLUSIVE: 'That's the picture of him buying a gun': Uvalde mass shooting suspect bought an AR-15 online last week — The Uvalde, Texas mass shooter frequently posted about guns and purchased a rifle online days ago. — Authorities say that 18 children and one teacher were killed …

Discussion: The Daily Beast, Associated Press, New Jersey Online, Conservative Review and MEL Magazine

Dareh Gregorian / NBC News:

‘Spare me the bullshit’: Sen. Chris Murphy rips GOP colleagues after Texas shooting — Sen. Chris Murphy, D-Conn., took to the Senate floor after Tuesday's deadly school shooting in Texas and pleaded with his Republican colleagues to take action against gun violence, saying what happened wasn't “inevitable.”

Discussion: ABC News, New York Post, The Hill, Insider, Raw Story, USA Today and The Daily Wire

Cami Mondeaux / Washington Examiner:

Texas AG facing runoff says banning guns for public safety ‘ridiculous’ after school shooting — Increased gun control as a means to protect law-abiding citizens makes “no sense” and should not be the focus of lawmakers right now, said Attorney General Ken Paxton (R-TX) …

Discussion: Politico, National Review, Mother Jones and Mediaite

Washington Post:

Katie Britt, Rep. Mo Brooks headed to a runoff in Alabama GOP Senate primary … Welcome to special coverage of the Georgia, Alabama and Arkansas primaries and runoffs in Texas from Post Politics Now. — Today, Katie Britt and Rep. Mo Brooks are headed to a runoff in Alabama's GOP Senate primary, the Associated Press said.

Discussion: The Hill, Washington Examiner, New York Times, Talking Points Memo, National Review, Breitbart, CBS 42, Political Wire, Raw Story, NOQ Report, Ringside at the Reckoning, Raw Story and CNBC

Alex Isenstadt / Politico:

'We're going to go f—ing scorched-earth': How Brian Kemp crushed Trump in Georgia — When Brian Kemp's top donors huddled with the Georgia governor and his lieutenants at Atlanta's Capital City Club earlier this year, they had reason to worry that his political career was about to come to an end.

Discussion: Associated Press, Fox News, Washington Post, The Hill, Washington Examiner, Bloomberg, Breitbart, New York Post, Atlanta Journal-Constitution and Shore News Network

NBC News:

Georgia Governor Primary Election Results — GOP incumbent Brian Kemp faces David Perdue, a primary challenge stoked by former President Donald Trump in an effort to oust a fellow Republican for not joining an effort to overturn the state's presidential election results two years ago.

Discussion: New York Times, Raw Story, National Review, Associated Press and Bloomberg

New York Times:
Sarah Huckabee Sanders wins the G.O.P. nomination for Arkansas governor.

Brian Schwartz / CNBC:
Trump's picks in Tuesday's GOP primaries spent over $400,000 at Mar-a-Lago

Discussion: The Daily Beast, NPR, Rolling Stone, Talking Points Memo, Washington Post, The Daily Caller, Raw Story, Digby's Hullabaloo, Vanity Fair, POLITICUSUSA, Daily Kos and Political Wire

David French / The French Press:

Pass and Enforce Red Flag Laws. Now. — We know they can save lives. — I was intending to write about the Georgia Republican primary, but then—just as I was walking back to my hotel—I saw the horrific news out of Uvalde, Texas. Another school shooting. Another elementary school.

David Frum / The Atlantic:

America's Hands Are Full of Blood — Thoughts and prayers. It began as a cliché. It became a joke. It has putrefied into a national shame. — If tonight, Americans do turn heavenward in pain and grief for the lost children of Uvalde, Texas, they may hear the answer delivered in the Bible through the words of Isaiah:

Ryan Busse / The Bulwark: Even the Gun Industry Knew We Would End Up Here

CNN:

‘They were shooting directly at the journalists’: New evidence suggests Shireen Abu Akleh was killed in targeted attack by Israeli forces — This story contains a disturbing image. — (CNN)Several shots ring out in quick succession, cutting through a clear, blue spring morning in Jenin, in the West Bank.

Discussion: Associated Press, The Great Awakening, Al Jazeera, Jewish Telegraphic Agency, Mediaite and The Times of Israel, more at Mediagazer »

Thomas Brewster / Forbes:

EXCLUSIVE: ISIS Plotting To Assassinate George W. Bush In Dallas — Two confidential informants and surveillance of the alleged plotter's WhatsApp account reveal plans to smuggle assassins into the U.S. to murder the former president, according to a search warrant application discovered by Forbes.

Discussion: Axios, NBC News, Bloomberg, USA Today, The Column, ABC News, CBS News, WSAV-TV, al.com, New York Post, PennLive, robertspencer.org, Gizmodo, NOQ Report, The Daily Caller, Insider, Washington Free Beacon, The Daily Wire, CNN, rbc.ru, The Hill, HotAir, TheBlaze, Mediaite, NBC4 Washington, Townhall and RedState

U.S. Department of Justice:
Ohio man charged with aiding and abetting plot to murder former President

Discussion: WCMH-TV, New York Times, MLive.com and The Daily Wire

Jonathan Weisman / New York Times:

Marjorie Taylor Greene wins her primary, dashing establishment G.O.P. hopes. — Representative Marjorie Taylor Greene, whose far-right beliefs and confrontational behavior earned her opposition in both parties, won the Republican primary in her Northwest Georgia House district …

Discussion: Insider, Associated Press and The Daily Caller

Zeeshan Aleem / MSNBC:
Why conspiracy theorist extraordinaire Marjorie Taylor Greene just easily won her primary

Discussion: Washington Examiner, New York Post, Raw Story, National Review and WTOP News

Alex Seitz-Wald / NBC News:

Crypto billionaire says he could spend a record-breaking $1 billion in 2024 election — Democratic cryptocurrency exchange founder Sam Bankman-Fried says he expects to spend “north of $100 million” in 2024, with “soft ceiling” of $1 billion — WASHINGTON —Democratic billionaire Sam Bankman-Fried …

Amy B Wang / Washington Post:

5 GOP candidates in Michigan ineligible after fraud, election office says — Five of 10 Republican candidates for the gubernatorial nomination in Michigan are ineligible to appear on the ballot because of invalid signatures on their nominating petitions, the Michigan elections bureau said in a report Monday …

Discussion: Wall Street Journal, CNN, Bridge Michigan, The Daily Caller, Talking Points Memo, Daily Kos, MLive.com, HuffPost, Fox News and Washington Examiner

Matt Stieb / New York Magazine:
Republicans May Have Sabotaged Their Best Chance to Beat Gretchen Whitmer

Discussion: Raw Story and TheBlaze

Jared Yates Sexton / Dispatches From A …:

This is Going to Get Really Ugly, Really Soon — Tucker Carlson and the Right have created imaginary rivals in order to legitimize their antidemocratic actions — To watch Tucker Carlson Tonight is to punish yourself. Tucker Carlson's act is obnoxiously acidic. The sneering cruelty.

Discussion: Mediaite

Kurt T. Lash / SSRN:

Roe and the Original Meaning of the Thirteenth Amendment — Abstract — The current debates over Roe v. Wade as a substantive due process right have prompted a number of scholars to investigate alternative sources for a constitutional right to abortion. One approach argues …

Discussion: New York Times, Balkinization and Reason

Techno Fog / The Reactionary:

How FBI HQ hamstrung the Alfa Bank investigation — The latest from the Michael Sussmann Trial — Today in the Michael Sussmann trial, we received additional information regarding the FBI leadership's involvement in the opening - and execution - of the Alfa Bank/Trump investigation.

Eric Levai / The Daily Dot:

EXCLUSIVE: Rep. Loudermilk's ‘dear friend’ delivered him wildly conspiratorial documents on Jan. 6 to help overturn the 2020 election — Maria Zack has long ties to Loudermilk, and gave him documents about ‘Italygate’ on Jan. 6. — A far-right operative with close ties to Rep. Barry Loudermilk …

CNN:
Video released of Oath Keepers, Proud Boys leaders meeting 24 hours before January 6 attack

Discussion: Washington Post

Timothy Nerozzi / Fox News:

Henry Kissinger says Ukraine must make Russia concessions to end conflict — Kissinger warns against escalating Ukraine conflict, urges peace deal with Russia — Fox News Flash top headlines for May 24 — Former U.S. Secretary of State Henry Kissinger said Tuesday that Ukraine must …

Discussion: New York Times, Washington Examiner, East Bay Times and Global Community Weekly

The Kyiv Independent:
The Kyiv Independent's response to the New York Times editorial board

Discussion: Washington Post, Washington Examiner and CNSNews

Andrew C. McCarthy / National Review:

Count the Disputed Mail-In Votes in Pennsylvania Primary for GOP Senate Nomination — As the Wall Street Journal relates in an editorial published Monday evening, a dispute has arisen over the counting of mail-in ballots in the closely contested Republican primary election in Pennsylvania between David McCormick and Dr. Mehmet Oz.

Discussion: Politico, Washington Examiner, TheBlaze, Washington Times, The Federalist and Wall Street Journal

Marina Pitofsky / USA Today:

Pelosi responds after archbishop denies her Holy Communion for supporting abortion rights — House Speaker Nancy Pelosi, D-Calif., on Tuesday responded after San Francisco's Catholic archbishop decided to deny her Communion over her support for abortion access in the United States.

Discussion: The Gateway Pundit, HuffPost, Washington Times and East Bay Times

Peter White / Deadline:

CBS Pulls ‘FBI’ Season Finale After Tragic School Shooting In Texas — The season finale of FBI has been pulled by CBS after the tragic school shooting in Texas. — The episode titled “Prodigal Son” hits close to the news given that it involves the team preventing a school shooting.

Discussion: The Hill, New York Post, The Wrap, Hollywood Reporter and CBS News

Michael Luciano / Mediaite:

'It's Pathetic!' Irate Steve Kerr BLASTS Mitch McConnell and Senate GOP on Opposition to Gun Background Checks — Steve Kerr reacted forcefully to Tuesday's shooting at an elementary school in Uvalde, Texas, which resulted in the deaths of 18 children and three adults.

Discussion: al.com, New York Post, ABC13, Daily Kos and The San Francisco Examiner

Paul Waldman / Washington Post:

Opinion Why is the right ignoring the Southern Baptist abuse scandal? — There are few things that members of the American right emphasize more often about themselves than their deep commitment to protecting children — particularly when it comes to the threat of sexual abuse.

Discussion: New York Times and The Atlantic

Sarah Emerson / BuzzFeed News:

Someone Stole Seth Green's Bored Ape, Which Was Supposed To Star In His New Show — Actor and producer Seth Green was robbed of several NFTs this month after succumbing to a phishing scam that inadvertently threw a monkey wrench into the plan for his new animated series.

Discussion: Ed Zitron's Where's Your Ed At, The A.V. Club and The Mary Sue

Dominick Mastrangelo / The Hill:

Jen Psaki joins MSNBC — MSNBC on Tuesday announced the hiring of former White House Press Secretary Jen Psaki. — Psaki, who left the White House earlier this month, will appear on NBC's various channels and platforms as part of its politics coverage this fall and will eventually host …