Newsletter | June 16, 2022
We’re all going to get it wrong from time to time, but that doesn’t mean you should lose faith in yourself. We learn from our mistakes, get it right the next time, and chalk it up as a win. Learning about ourselves, our strengths and weaknesses, is the source of our independence. And without it, we’re lost in the world.
In the last few newsletters, we’ve discussed the various forms that faith takes in America. With Independence Day around the corner, this week we take up faith in our independence, as a nation and as individuals.
The purpose of education isn’t just to feed us with information. Rather, it’s to teach us how to think for ourselves. So, the bulk of our learning isn’t done at school, but at home, with family and friends. That’s how it’s always been for Americans, one generation instructing the next, teaching them how to be independent before they go out and make their way in the world.
Our sense of independence goes back to the beginnings of America. Building a new country meant breaking with the old ways. The men and women who founded and settled our country, from the pilgrims to the pioneers, had left home and family behind to find the freedom and independence they believed to be within their reach. It was like the earth had been pulled out from under their feet — at times it must have been terrifying. But they stuck it out. They knew that to build their new home, to build a new country, they had no choice but to rely on themselves. And that was the foundation of America’s independence, and ours, too.
There was something else, too, that forged our independent frame of mind — scripture. Clearing the eastern forests and settling the Great Plains, our forefathers read the Bible regularly. They read it for guidance and instruction. In hard times they read it for solace, and in good times they read it with reverent gratitude. They knew scripture in such detail that they didn’t need anyone else telling them what God’s word truly meant. They interpreted it for themselves because they lived it. They came by their ideas of the world and their place in it on their own.
As their legacy, we also have our own way of seeing things and interpreting the world around us. It’s not always easy in the present age, with media, and now social media, working overtime to shape our perceptions of reality. Powerful forces also mean to shape our response to it, too. If you don’t vote this way or that way or don’t believe some newly minted idea that you never heard of before, you’re immoral, or backwards, or racist.
But Americans won’t be bullied. We’re a plain-speaking people who were raised to know right from wrong and speak out when it’s called for. We’re builders and doers. We tamed the wilderness to make the greatest country in world history. We know how to tell reality from fantasy, and truth from fiction. We were raised that way — to be independent.
America’s Future would like to hear what experience first awakened you to the realization that you are independent and free in this week’s Reader’s Survey. Please take a few minutes and share your thoughts. Thank you to the thousands of readers who have responded to our surveys. We sincerely appreciate your time. It’s our privilege to get to know you and learn from your insightful comments.
A Special Father’s Day Message
Sunday is Father’s Day. To all the families making plans to honor their fathers on this special day, America’s Future joins with them in celebration to recognize the fathers who provide for and protect their families, are kind and caring, and maybe – once in a while – swallow their pride for the sake of peace.
And to the fathers, we pray that you take this day to remember you are blessed and surrounded by your greatest wealth – those who cherish your love and depend on your courage, wisdom, and strength. Your family is your fortune, your fame, as well as your future.
A father’s mission is America’s most sacred work — to love unconditionally and teach your children right from wrong, and to raise a family that contributes to our communities that make our country great. America’s Future salutes those who lead from the front, America’s fathers.
Raise The Flag – Say The Pledge
Love of God, country, family, and freedom are tenets of truth for America’s Future. For these reasons, earlier this month, we kicked off our 2nd Annual Raise The Flag, Say The Pledge campaign. As part of the launch of the campaign, hundreds of newsletter readers and survey-takers sent in their favorite memory of the flag. All of the personal stories were endearing and heartwarming. Collectively, they demonstrate that patriotism is alive and well in America! One person’s comments summed up many of the sentiments of others with these words:
The American Flag represents my love for my country, our military, our Founding Fathers, our Constitution, and our Amendments. It reminds me of my freedom and it gives me strength to be a Warrior on the battlefield.
If you have not already done so, we invite and encourage you to participate in Raise The Flag, Say The Pledge to show your patriotism and say thanks to a veteran. We’ve teamed up to offer a limited edition, America’s Future flag package that includes a discount-priced flag of your choice, a beautifully designed frame-ready Pledge of Allegiance insert, and a pocket-sized U.S. Constitution signed by General Michael Flynn, America’s Future Board Chair.
As a special feature for this year’s campaign, America’s Future will give a free flag package to a veteran or veteran-owned business or veteran organization in your community when you send in an essay or video, describing “What America Means To You.” There is no cost to you. Say “Thanks” to a local veteran in your community by completing the form and we’ll take care of the rest! Click here for more information.
Once again, we want to recognize and thank everyone who shared their “American Flag” story. Below are just a few of the wonderful experiences of our fellow Americans from around the country.
“My grandfather was a WWII POW Purple Heart Recipient Navy Tail Gunner. He flew a flag in his yard, with a fancy pole, and always beautiful landscape lights to show its beauty even at night! When the flag became tethered he would fold it with great honor. That is how I learned to fold a flag properly but most importantly the importance of the flag and its meaning. Even as a little girl I could see how important it was to him. Every time I see our flag I think of him, our history, and those that serve and have served. And most importantly, the ones that died for that flag!”
“My daughter asked to have an American Flag themed birthday party for her 3rd birthday. Her birthday is the same week as Flag Day. She’s almost 6 now and has asked for an American Flag birthday cake for the past three years.”
“Every day in school we would say the pledge to the flag. As we got older, we learned in school (History Class) the importance of our country’s flag. When I was in 6th grade, I had a friend whose father was a POW. One day when we were at recess, we could see a man walking across the playground in his uniform and it was her father! He had made it home. I felt very patriotic.”
“My grandmother was born in 1912 and lived through the WW I & II. She always told us that she was brought up to celebrate Flag Day. When I was a little girl on every June 14th, Flag Day, she would gather the children in my neighborhood and give us pots, pans, whistles etc. She carried a giant flag and would lead our little parade all over our big yard in the country while we banged on pots and pans. Then we would say the Pledge of Allegiance and get an ice cream bar. One of my fondest memories of my special Gramma is of her tiny self, waving the big American Flag marching around the yard! What a lasting picture that is of her! I don’t have grandchildren yet, but when I do, I’m going to do this with them!”
Last week’s newsletter highlighted certain decisions the Supreme Court of the United States (SCOTUS) rendered during the first two weeks of June. Since our publication date, the SCOTUS published 10 new opinions and one dismissal that are outlined below. If you would like further information, please visit the SCOTUS website at visit https://www.supremecourt.gov.
Kemp v U.S. (No. 21-5726; Justice Thomas authored the opinion)
ISSUE: At issue is whether the term “mistake” as applied to a Federal Rule of Civil Procedure covers a judge’s error of fact or law or both or neither. The Court specified the issue as “the extent to which a judge’s legal errors qualify as ‘mistake[s]’ under Rule 60(b)(1) [of Federal Civil Procedure]”
RULING: “The term ‘mistake’ in Rule 60(b)(1) [of Federal Civil Procedure] includes a judge’s errors of law” – The decision of the Eleventh Circuit Court of Appeals is affirmed.
LINK TO OPINION: https://www.supremecourt.gov/opinions/21pdf/21-5726_5iel.pdf
Garland, Attorney General v Gonzalez (No. 20-322 – Justice Alito authored the opinion)
ISSUE: Here, the Appellant asked the Court to determine whether “aliens who were detained by the Federal Government pursuant to 8 U. S. C. §1231(a)(6) are entitled to bond hearings after 6 months of detention. The Court explained the issue as, whether 8 U. S. C. §1252(f )(1) “deprives the District Courts of jurisdiction to entertain respondents’ requests for class-wide injunctive relief.”
RULING: “Section 1252(f )(1) of the INA deprives the District Courts of jurisdiction to entertain respondents’ requests for class-wide injunctive relief” – The Ninth Circuit Court of Appeals decision is reversed.
LINK TO OPINION: https://www.supremecourt.gov/opinions/21pdf/20-322_m6hn.pdf
Johnson, acting Director of U.S. Immigration and Customs Enforcement v Arteaga-Martinez (No. 19-896 – Justice Sotomayor authored the opinion)
ISSUE: Whether, pursuant to 8 U. S. C. §1231(a)(6), the Government is required “to provide noncitizens detained for six months with bond hearings in which the Government bears the burden of proving, by clear and convincing evidence, that a noncitizen poses a flight risk or a danger to the community.”
RULING: No. “[8 U.S.C. §] 1231(a)(6) does not require the Government to provide noncitizens detained for six months with bond hearings in which the Government bears the burden of proving, by clear and convincing evidence, that a noncitizen poses a flight risk or a danger to the community.” The Government has discretion to provide these type of hearings – The Third Circuit Court of Appeals decision is reversed and remanded back for adjudication.
LINK TO OPINION: https://www.supremecourt.gov/opinions/21pdf/19-896_2135.pdf
Denezpi v U.S. (No. 20-7622 – Justice Barrett authored the opinion)
ISSUE: Whether the Double Jeopardy Clause of the Fifth Amendment prohibits “successive prosecutions under the same prosecuting authority.”
RULING: No. “The Double Jeopardy Clause does not bar successive prosecutions of distinct offenses arising from a single act, even if a single sovereign prosecutes them” – The Eleventh Circuit Court of Appeals is affirmed.
LINK TO OPINION: https://www.supremecourt.gov/opinions/21pdf/20-7622_ljgm.pdf
ZF Automotive US, Inc. v Luxshare, LTD. and Alixpartners LLP v The Fund for Protection of Investors Rights in Foreign States (No. 21-401 and No.21-518 – Justice Barrett authored both opinions which are published together in one document)
ISSUE: Pursuant to 28 U. S. C. §1782, whether discovery can be ordered (for use in a foreign or international proceeding) by an adjudicative body (e.g., an arbitration panel) if it is not a governmental or an intergovernmental tribunal (i.e., a formal or informal type of court).
RULING: No. “Only a governmental or intergovernmental adjudicative body constitutes a ‘foreign or international tribunal’ in order to exercise governmental (i.e., judicial) authority under 28 U. S. C. §1782” – The Sixth Circuit Court of Appeals decision and the Second Circuit Court of Appeals decision are reversed.
LINK TO OPINIONS: https://www.supremecourt.gov/opinions/21pdf/21-401_2cp3.pdf
Viking River Cruises v Moriana (No. 20-1573 – Justice Alito authored the opinion)
ISSUE: Whether the Federal Arbitration Act (FAA) “preempts a rule of California law that invalidates contractual waivers of the right to assert representative claims under California’s Labor Code Private Attorneys General Act.”
RULING: The FAA preempts California’s rule of law insofar as the law, as interpreted by a California court [Iskanian v CLS Transp. Los Angeles, LLC, 59 Cal. 4th 348 (2018)] precludes division of California’s Private Attorneys General Act actions into individual and non-individual claims through an agreement to arbitrate.” – The Court of Appeal of California, Second Appellate District is reversed and the case is remanded back for adjudication consistent with this decision.
LINK TO OPINION: https://www.supremecourt.gov/opinions/21pdf/20-1573_8p6h.pdf
Golan v Saada (No. 20-1034 – Justice Sotomayor authored the opinion)
ISSUE: Whether a Court is “categorically required to examine all possible ameliorative measures before denying a Hague Convention petition for return of a child to a foreign country once the court has found that return would expose the child to a grave risk of harm”
RULING: No. “A court is not categorically required to examine all possible ameliorative measures before denying a Hague Convention petition for return of a child to a foreign country once the court has found that return would expose the child to a grave risk of harm” – The Second Circuit Court of Appeals dismissal is vacated and the case is remanded back for “on the merits” adjudication consistent with this vacation.
LINK TO OPINION: https://www.supremecourt.gov/opinions/21pdf/20-1034_b8dg.pdf
Ysleta Del Sur Pueblo v Texas (No. 20-493 – Justice Gorsuch authored the opinion)
ISSUE: Whether the Restoration Act bans, as a matter of federal law, certain gaming activities from taking place on tribunal lands or do “Native American Tribes possess ‘inherent sovereign authority over their members and territories.’”
RULING: As a matter of federal law, “the Restoration Act bans gaming activities from taking place on tribal lands [only to the extent the same] gaming activities [are] also banned in [the state/jurisdiction where the tribal land is situated]” – the Fifth Circuit Court of Appeals dismissal is vacated and the case is remanded back for “on the merits” adjudication consistent with this vacation.
LINK TO OPINION: https://www.supremecourt.gov/opinions/21pdf/20-493_jgko.pdf
American Hospital Association v Becerra, Secretary of Health and Human Services (No. 20-1114 – Justice Kavanaugh authored the opinion)
ISSUE: Whether judicial review of Medicare’s reimbursement rates to hospitals is permitted under the Medicare Act and, if so, whether the Medicare Act permits varying reimbursement rates to hospitals without adequate justification for the differing rates of reimbursement.
RULING: Yes and no. Here, the case regards differing reimbursement rates Medicare pays to certain hospitals under the 340B Drug Discount Program. The Court ruled, as follows: (1) “The statute does not preclude judicial review of HHS’s reimbursement rates,” and (2) Absent a survey of hospitals’ acquisition costs, HHS may not vary the reimbursement rates only for 340B hospitals.” – The Court of Appeals for the District of Columbia Circuit is reversed and the case is remanded back for adjudication consistent with this decision.
LINK TO OPINION: https://www.supremecourt.gov/opinions/21pdf/20-1114_09m1.pdf
George v McDonough, Secretary of Veteran Affairs (No. 21-234 – Justice Barrett authored the opinion)
ISSUE: Whether a statutory exception allowing for extraordinary relief upon a showing of “clear and unmistakable error” can be applied if a person who is entitled to certain benefits connected to military service has “exhausted all appeal rights based upon an agency regulation that, although unchallenged at the time, is later deemed contrary to law.”
RULING: “The invalidation of a [Veteran Affairs] regulation after a veteran’s benefits decision becomes final cannot support a claim for collateral relief based on clear and unmistakable error” – Court of Appeals for the Federal Circuit is affirmed.
LINK TO OPINION: https://www.supremecourt.gov/opinions/21pdf/21-234_2b8e.pdf
Arizona v City and County of San Francisco, California (No. 21-1775 – per curiam dismissal)
LINK TO DISMISSAL: https://www.supremecourt.gov/opinions/21pdf/20-1775_4425.pdf
Reminders & Updates
MARK YOUR CALENDARS: The next “Champion Conversation With General Michael Flynn” for our Champion For America members community is scheduled for July 25, 2022 at 1 p.m. (ET). Please mark your calendars to join in the conversation!
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AMERICA’S MONDAYS WITH MARY: Tune in every Monday morning at 9 a.m. (ET) to watch our Executive Director Mary O’Neill report out on the comments and insights submitted via our weekly Reader Survey and listen to updates about America’s Future activities and what’s ahead at America’s Mondays With Mary.
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