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Colorado baker defends another legal attack by LGBT

Jack Phillips doesn’t belong in a courtroom, according to his legal defense team at Alliance for Defending Freedom. He should be baking and decorating cakes at his Masterpiece Cakeshop in Lakewood, Colo.

For more than eight years, Phillips has been pulled away from his confectionary artistry in order to fight for his civil rights and ability to live according to his Christian faith. He was sued for not baking a wedding cake for a same-sex marriage, because it conflicts with his sincerely held beliefs. The LGBT activist community has since used him as a target and bullied him through the courts.

Through it all, Phillips endured the spotlight of the national media, lost significant business, and had to let several employees go. He’s received hateful phone calls, letters, and even death threats.

“After two wins — including one at the U.S. Supreme Court — you would think it would all be over,” ADL wrote.

But now, Phillips is embroiled in a third lawsuit. A Colorado trial court has entered an order punishing Phillips for living out his faith after he refused to bake a cake celebrating gender transition surgery. The court fined him the maximum amount — $500. The case is now on appeal.

Who is Jack Phillips? He’s a Colorado cake artist who was at the center of one of 2018’s most-talked-about U.S. Supreme Court decisions. Although he won an important victory at the Supreme Court, the State of Colorado didn’t get the message. It targeted him again.

The Colorado Civil Rights Commission set its sights on Phillips because of his Christian faith. That was clear when it allowed other Colorado cake artists—but not Phillips—to decline to create custom cakes that expressed messages that the artists considered objectionable.

It was even clearer when some members of the civil rights commission made hostile statements against Phillips. One called his religious-liberty defense “a despicable piece of rhetoric” and compared him to perpetrators of the Holocaust. Phillips was being compared to a Nazi because he would not decorate a cake to celebrate a gay wedding.

The United States Supreme Court rebuked the commission in a 7-2 decision in which it condemned Colorado’s “clear and impermissible hostility toward [Phillip’s] sincere religious beliefs.”

Less than a month after the Supreme Court decision in 2018, Colorado’s government targeted Phillips again.

After Phillips filed a lawsuit against the state to stop that prosecution, in March 2019, the state of Colorado threw in the towel.

Now, Phillips faces his third legal battle. A trans woman, Autumn Scardina, ordered a cake to celebrate her transition from living as a male to living as a female. Scardina is a lawyer and was part of the LGBTQ bullying campaign.

Denver District Judge A. Bruce Jones has rejected Phillips’ argument that making the cake is an act of free speech. The judge said it’s simply a product and that it cannot be sold to some people, but not others. The judge said Phillips’ refusal of service was due to his refusal to recognize Scardina as a woman.

That 2021 ruling that Phillips violated the Colorado Anti-Discrimination Act was on appeal on Wednesday with the Colorado Appeals Court, where Phillips hopes to overturn the ruling.

Scardina says the case is about the dignity of LGBTQ Americans and Coloradans and the rule of law. Phillips say he fights for the rights of all Americans to live according to their consciences “without fear of punishment” by government.

Read more about Jack Phillips at Alliance for Defending Freedom.

Biden pardons thousands for simple marijuana possession

President Joe Biden on Thursday said he has pardoned about 6,500 who had been convicted of federal marijuana possession charges. With one month to go until the midterm elections, and with Democrats slipping in the polls, the move is considered by some to be a play for votes. He framed it as a move toward racial equity.

Biden also said he will review whether marijuana should be considered a Schedule 1 drug, similar to heroin.

“As I often said during my campaign for President, no one should be in jail just for using or possessing marijuana. Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit. Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities. And while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates,” says the transcript of Biden’s remarks.

“I have directed the Attorney General to develop an administrative process for the issuance of certificates of pardon to eligible individuals.  There are thousands of people who have prior Federal convictions for marijuana possession, who may be denied employment, housing, or educational opportunities as a result.  My action will help relieve the collateral consequences arising from these convictions,” he said.

Biden also encouraged governors to do the same. In Alaska, marijuana has been decriminalized and commercial sales of the substance has been in law since voters passed Ballot Measure 2 in 2014.
 
Although he is moving to decriminalize the drug, the president said that laws governing trafficking, marketing, and under-age sales should stay in place.

Major business groups beg Biden to ‘remove impediments to greater domestic energy production’

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By VICTOR SKINNER | THE CENTER SQUARE

 Business leaders across the country have joined together to call on the Biden administration to boost domestic energy production and to abandon a proposal to ban new offshore lease sales.

More than 200 local chambers of commerce in 47 states and 14 national associations penned a letter to President Joe Biden this week to urge him “to strengthen our energy security by removing impediments to greater domestic energy production.”

Included on that list is the Alaska Chamber of Commerce, the Anchorage Chamber of Commerce and the Greater Haines Chamber of Commerce.

The letter calls for:

  • Ending the ban on new oil and natural gas exploration on federal lands and waters. Federal lands and waters were responsible for 22 percent of all U.S. oil production and 12 percent of natural gas. Taking these resources off the table has a significant impact on U.S. and global energy supply, today and decades into the future. 
  • Restoring cancelled lease sales. Cancelling oil and gas lease sales sends the wrong message to producers and investors.
  • Adopting a 5-Year Plan for Oil and Gas Development that Allows the U.S. to Maximize Offshore Potential: For the first time in history, the 5-Year Plan was allowed to expire. On July 1, the Department of Interior proposed a new plan that included an option to completely shut down offshore exploration by allowing no new leases, creating even more uncertainty. It is not reasonable to ask that companies make major, long-term investments without knowing whether exploration will even be permitted. We urge the adoption of a new 5-year plan by the end of the year that includes the maximum possible number of lease sales.

“High energy prices remain a major concern for businesses throughout the United States and are a leading cause of inflation,” the letter read. “Businesses of all sizes are facing burdens from increased costs for goods, services, and transportation, which combined with tight labor markets, presents major headwinds for the U.S. economy.”

The letter argued that addressing climate change and energy security “are not mutually exclusive” and increasing domestic oil and natural gas production can “accelerate the energy transition” while simultaneously curbing cash to Russia and improving the lives of Americans.

“Also, Russian oil is among the dirtiest in the world, so displacing it with cleaner, less carbon intensive U.S. production would bring obvious environmental benefits,” the letter read.

Business leaders pointed to the Biden administration’s “mixed signals” on domestic energy production and outlined three major issues that should be addressed: Ending the ban on new oil and natural gas exploration on federal lands and waters, restoring canceled oil and gas lease sales and adopting a five-year plan for oil and gas development that allows the U.S. to maximize offshore potential.

“Federal lands and waters were responsible for 22 percent of all U.S. oil production and 12 percent of natural gas. Taking these resources off the table has a significant impact on U.S. and global energy supply, today and decades into the future,” the letter read.

“On July 1, the Department of Interior proposed a new plan that included an option to completely shut down offshore exploration by allowing no new leases, creating even more uncertainty,” it continued. “It is not reasonable to ask that companies make major, long-term investments without knowing whether exploration will even be permitted.

“We urge the adoption of a new 5-year plan by the end of the year that includes the maximum possible number of lease sales,” business leaders wrote.

The letter came around the same time OPEC – the Organization of the Petroleum Exporting Countries – announced plans to cut back on oil production, a move that’s expected to contribute to a spike in energy prices in the U.S.

Two Russians ask for asylum after landing at Gambell: Sullivan, Murkowski issue statement on Arctic security

Two Russians have requested asylum after they landed their small boat on a beach Alaska’s St. Lawrence Island on Tuesday near the small community of Gambell, about 36 miles from mainland Eastern Russia. The details are still sketchy, but the two are now in the hands of the U.S. Customs and Border Patrol. They are apparently dodging the draft to the Russian military, which would send them to the front in the war on Ukraine.

U.S. Sens. Lisa Murkowski and Dan Sullivan today released the following statements after two Russian nationals landed at a beach near Gambell, located on the northwest tip of St. Lawrence Island in Alaska, and requested asylum in the United States.

“We are actively engaged with federal officials and residents in Gambell to determine who these individuals are, but right now, we already know that the federal response was lacking. Only local officials and state law enforcement had the capability to immediately respond to the asylum seekers, while Customs and Border Protection had to dispatch a Coast Guard aircraft from over 750 miles away to get on scene,” Murkowski said. “This situation underscores the need for a stronger security posture in America’s Arctic, which I have championed throughout my time in the Senate.”

“Given current heightened tensions with Russia, I called the Secretary of the Department of Homeland Security (DHS) and spoke to him as well as another senior DHS official when I was first contacted about this situation on Tuesday morning by a senior community leader from the Bering Strait region. Since those calls, Customs and Border Protection is responding and going through the process to determine the admissibility of these individuals to enter the United States. I continue to be in regular communication with DHS Secretary Mayorkas and officials at Customs and Border Protection and have encouraged them to have a plan ready with the Coast Guard in the event that more Russians flee to Bering Strait communities in Alaska,” said Sullivan. 

“This incident makes two things clear: First, the Russian people don’t want to fight Putin’s war of aggression against Ukraine. Second, given Alaska’s proximity to Russia, our state has a vital role to play in securing America’s national security. This is why Senator Murkowski and I have been pressing officials in Washington D.C. so hard on the need to prioritize capabilities in the Arctic — including infrastructure, Coast Guard assets, ports and strategic defense assets.”

Fact check: Murkowski ads against Kelly Tshibaka tell lies about her position on birth control pills through the mail

By ROBERT FARLEY | FACTCHECK.ORG

A super PAC supporting Sen. Lisa Murkowski claims in several TV ads that her top challenger, Kelly Tshibaka, “wants to ban birth control in the mail.” Tshibaka has said she would ban the sale of the morning-after pill via the mail, but the ads leave the misleading impression she would ban all forms of birth control.

The ads attacking Tshibaka come from Alaskans for L.I.S.A. (Leadership in a Strong Alaska), a super PAC that backs Murkowski. The first two 30-second ads each feature a different woman who says some version of, “I’ve seen the video. Kelly Tshibaka says she wants to ban birth control in the mail. That’s nuts.”

The issue of contraceptives by mail is particularly crucial in Alaska, where many of the “communities are located off the road system,” another video states.

third ad follows the same script, but includes a clip of Tshibaka saying, “I would want to make it illegal to send those pills at all.” A woman in that ad then says, “Kelly Tshibaka says she wants to ban birth control in the mail. That’s nuts.” 

The video of Tshibaka is from a small campaign event on March 12. The quality of the audio in the video is not great. We could not make out the entirety of the question Tshibaka was asked, but the gist of it was about making it illegal to order abortion pills by mail, not birth control pills.

“So, yeah, I need to think about that more,” Tshibaka said. “I would want to make it illegal to send those pills at all, so you can’t order those pills. And I know from my time working at Postal Service that we can actually stop sending those pills through the mail. We can actually block them in the mail. If we were to pass that kind of act, the Postal Service can block them using data because I was on the team that developed those models. Creating, so a criminal act of a recipient, the drugmaker, the sender, there’s a whole chain there, right, that we would have to prosecute. It’s an interesting question that I’ll need to think through.”

That clearly marks Tshibaka’s support for banning the distribution via the mail of what is commonly referred to as “the abortion pill,” which is mifepristone taken in conjunction with misoprostol. The Food and Drug Administration approved the medication to end a pregnancy through 10 weeks of gestation.

A man in the audience at the March 12 campaign event then asked Tshibaka if “birth control fall[s] underneath that same category.”

Tshibaka says “it would.” Tshibaka then mentioned abortifacients (drugs that induce abortions), but due to the poor quality of the video, it was unclear to us which forms of birth control she was saying that she believes fall into that category. We reached out to the Tshibaka campaign for clarification, but we got no response.

However, a video posted on Tshibaka’s campaign website makes clear that she considers the Plan B pill, and similar medication known as morning-after pills, to be a pill “that cause[s] abortions” and therefore one that she favors banning via mail. A morning-after pill is taken within five days of unprotected sex to reduce the chance of pregnancy.

Read the rest of this column at FactCheck.org.

Commentary: There’s no excuse for Sen. Mitch McConnell’s attack on Alaska GOP candidate Kelly Tshibaka

By SUZANNE DOWNING

Sen. Mitch McConnell has no excuse. The ads his political group is producing to attack Alaska Republican Senate candidate Kelly Tshibaka are beyond the pale.

Campaign attacks intensify in October because as the election runway gets shorter, it takes a sharp message to catch voters’ attention and seal the deal. But the money being spent by McConnell and his Senate Leadership Fund to attack a fellow Republican — one who may win and join the Senate to be his colleague — should shock the sensibilities of all conservatives. 

And it is shocking Alaskans, indeed. McConnell’s determination to destroy another Republican’s reputation is driving Alaskans away from the Republican Party because they don’t distinguish the difference between the state Republican Party and the national Republican establishment, which appears to be operating contrary to the wishes of Alaska conservatives.

It’s one thing for the campaigns to attack each other’s candidates. That’s the unfortunate part of campaigning for office, setting forth the “contrast” for voters.

This year, Alaska’s new open primary sent two Republican candidates for Senate to the general election ballot. It’s unprecedented in Alaska and a result of Sen. Lisa Murkowski’s allies pushing Ballot Measure 2, so that Murkowski would not have to face a Republican primary and its Murkowski-wary voters again.

Alaskans have never before seen such ugliness from the  GOP, which appears to be attacking its own candidate all the way into November. 

Normally, once the August primary is over, the internecine battle stops, and Republicans gather behind their candidate. Not this year. The battle only intensified in the Republican world, thanks to the Murkowski ballot, allowing her to scoot past Republican voters and head to the general election without them.

Each of these Republican candidates — Murkowski and Tshibaka — brings with her a separate sensibility and set of values for how to legislate. 

On the left hand, we have Murkowski, the elder warhorse of Alaska and American politics, hardened by years of election cycles and heir to the throne given to her by her father, former Sen. and Gov. Frank Murkowski. She knows how to run an effective campaign, and this year her campaign has done a masterful job, amassing millions in donations from around the country and following a clear message arc, where her deliverables in grants and pork are being delivered at just the right time. She has her own super PAC that does attack ads for her, and she has McConnell’s millions that have unleashed the hounds of hell on her Republican challenger.

On the right hand, we have Tshibaka, the upstart Republican who came home to Alaska after working in Washington, D.C. to raise her children in her homeland and to help keep the 49th state from going off the rails. She doesn’t have the millions, but she does have the support of former President Donald Trump, which is something money can’t buy.

Their personal stories are nearly as different as their politics. Murkowski is blue-blood, while Tshibaka comes from hard-scrabble working class, with parents who once lived in a tent to get by. Murkowski is pro-abortion, pro-gun control, and anti-Trump. Tshibaka is pro-life, pro-Second Amendment, and pro-Trump.

Once McConnell untethered his $6.5 million to destroy Tshibaka, he decided to destroy her completely, and to send a message to any other Republican who would ever dare challenge Murkowski.

McConnell’s Senate Leadership Fund has repeatedly lied about Tshibaka. He has accused her of fraud, and clipped and twisted her own words against her, sharing only a fragment of her story. 

Tshibaka, who endured corrupt attacks against her when she was a government watchdog trying to clean up fraud in the federal government, is having her fight for fair government being used against her, as though she was the one who was committing fraud. 

Alaskans don’t know the full story, but here are the Cliffs Notes: Tshibaka’s job in D.C. was to keep federal employees honest, and some of them filed complaints against her in retaliation. Following a full investigation, she was exonerated and was subsequently promoted.

McConnell and the Senate Leadership Fund are lying to Alaskans. And it’s only early October. We can’t wait to hear what trick McConnell pulls next.

This is McConnell using Republican donor money improperly against a fellow Republican, a complete violation of the Reagan Rule. This is also using Republican money against Alaska itself. 

The McConnell scorched-earth war on Alaska seems like punishment against the Alaska Republican Party, which has endorsed Tshibaka, censured Murkowski, and asked Murkowski to leave the party and run under another political banner.

Why would McConnell do that, when both of these Republicans would still be part of the Republican caucus, and when the Alaska Senate race will not make one iota of difference in bringing the Senate back under Republican leadership? Why not focus on Ohio or Arizona, where seats could be flipped? 

Although Murkowski is a 65% reliable Republican vote, when Tshibaka would probably be a 98% reliable Republican vote, they’re both Republican.

It’s become clear that Sen. Mitch McConnell is conducting a proxy war against former President Donald Trump and using Alaska as his political battlefield. McConnell is leaving carnage and destruction in his wake as he plays his political games with the former president.

Alaskans should take note of what these attack ads really represent.: The Swamp at its worst. They don’t represent Alaska values and they don’t improve the quality of our political dialogue. The Alaska Republican Party should step up immediately and denounce McConnell and his attack on their endorsed candidate. If the party doesn’t, then its districts and regions should do so, one at a time. If none do, then the party’s endorsements are worthless.

As for Murkowski, Alaska’s senior senator is complicit in McConnell’s offense against Alaska if she does not also denounce Monstrous Mitch’s campaign against a fellow Republican.

But perhaps Murkowski, too, wishes to destroy the Alaska Republican Party, and Kelly Tshibaka is merely collateral damage.

Suzanne Downing is publisher of Must Read Alaska.

Hot mic: Biden tells Fort Myers mayor ‘No one f–ks with a Biden’ during brief chat in devastated community

President Joe Biden, jovially chatting with Fort Myers Beach Mayor Ray Murphy on Wednesday, was caught on a live microphone saying, “No one f–ks with a Biden,” and chuckling as the mayor collegially appeared to agree with him, although the mayor was possibly just being polite.

Biden traveled to the devastated part of Southwest Florida to see first hand the damage caused by Hurricane Ian late last month.

Biden told residents of the area that he empathizes with their plight due to a house fire that destroyed an “awful lot” of his own home some two decades ago.

Speaking to the mayor, he said, “You were raised the same way I was.”

“I was, I was,” Mayor Murphy said.

No one f—s with a Biden,” Biden continued.

“Goddamn right,” Mayor Murphy replied, although it’s hard to know if he understood the president’s comment.

“And you can’t argue with your brothers outside the house,” Biden said.

“That’s exactly right, that’s exactly right,” Murphy said, politely.

Sen. Dan Sullivan heads to Ohio to campaign for Senate candidate J.D. Vance

Sen. Dan Sullivan is heading to Ohio this week to campaign for J.D. Vance, who is running for U.S. Senate. Vance has been trailing behind Democrat nominee Rep. Tim Ryan, who also has raised more money than Vance and who has campaigned more aggressively this summer.

Ryan’s campaign has branded Vance as not a real Ohioan, but rather a San Francisco transplant.

Vance is the author of the best-selling memoir, “Hillbilly Elegy.” He grew up in Middletown, Ohio. A lawyer, he worked as an investor in San Francisco before returning to Ohio.

Sullivan, Donald Trump, and Donald Trump Jr. are filling in where mega-GOP donor Peter Thiel has left off. Thiel has turned the attention of his network of funders to Arizona to come to the aid of Blake Masters for Senate, who has been trailing in polling to Democrat Sen. Mark Kelly. Masters is a close associate of Thiel, having worked at Thiel Capital earlier this year.

Meanwhile, the Ohio race has gotten a lot tighter, surprising many in a state that Donald Trump won easily in 2020.

Sullivan’s fundraising link for J.D. Vance is at this link.

Coast Guard Cutter Healy reaches North Pole

The U.S. Coast Guard Cutter Healy reached the the North Pole on Sept. 27, 2022, the third time the icebreaker has gone the distance since its commissioning in 1999. It’s the second time a U.S. ship has reached the location unaccompanied, the first being the Healy in 2015.

Healy is the United States’ largest and most technologically advanced icebreaker and is the US Coast Guard’s largest vessel, at 420 feet. It departed Dutch Harbor on Sept. 4 for its journey to 90 degrees latitude. The cutter and crew supported oceanographic research in collaboration with National Science Foundation-funded scientists throughout the journey to the North Pole. Home-ported in Seattle, the cutter has nearly three dozen scientists and technicians on board and staff on board in addition to 100 crew members.

During the cutter’s first Arctic leg of the patrol throughout July and August, the ship traveled to the Beaufort and Chukchi Seas, going as far north as 78 degrees. As a part of the Office of Naval Research’s Arctic Mobile Observing System program, Healy deployed underwater sensors, sea gliders and acoustic buoys to study Arctic hydrodynamics in the marginal and pack ice zones, the Coast Guard reported.

“In addition to enabling Arctic science, Healy also supported U.S. national security objectives for the Arctic region by projecting a persistent ice-capable U.S. presence in U.S. Arctic waters, and patrolling our maritime border with Russia,” the agency said. The ship also spent some of the summer patrolling the water border between the U.S. and Russia.

U.S. Coast Guard Auxiliary photo by Deborah Heldt Cordone.