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Won On The Battlefield & Inscribed In Stone: Equal Justice Under Law

Newsletter | April 6, 2023

US Flag and Scales of Justice

A world of trouble is at the doorstep of America’s freedom as the relentless attacks on our nation’s order and citizens’ rights slip further into the darkness. Americans are rightly questioning whether our country’s foundational mantra, “equal justice under law”– the words inscribed across the front of the U.S. Supreme Court – is recoverable or is now just a hollow catchphrase, with this week’s indictment of the 45th President of the United States.

There is no disguising the fact that the allegations are part of a nearly seven-year-long and ongoing series of events that began with the FBI’s investigation of Presidenat Trump’s 2016 presidential campaign. It goes from Russiagate to the two impeachment proceedings and from the FBI raid on a former president’s Florida home to the arraignment in a Manhattan courtroom of the leading Republican candidate for president.

There are other plot points but that is the story in its essence, a story about the relentless assault on the American way of political life as outlined in the Constitution, our constitutional order. And the sheer ugliness of the appearance of a “double standard” of justice that too many Americans have experienced first-hand for years now.

But maybe that sounds too abstract, too academic, for there are real consequences that impact our lives far from scholarly debates about law and procedure. So, let’s be frank: it’s about the power-hungry leadership out to destroy a man and millions of other Americans who stand up to defend our constitutional rights and advocate for “America First” – the very same position generations of men and women have shed their blood and sacrificed their lives. 

People like to dominate other people. It’s one of the dark facts of human nature. We see it all around the world, and if we are surprised to see it here, it’s worth remembering that the Founding Fathers understood this about human nature. With purpose, our Founders sought to ameliorate the effects of this ugly disposition, precisely with the Constitution.

As James Madison, who is celebrated as the Father of the Constitution, wrote in Federalist No. 51, “If Men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and the next place, oblige it to control itself.”

And that’s where we are now — one side is making a run at absolute power by trying to destroy Trump, the man who represents the other side. The leadership of the progressive faction includes not just political officials but also the parroting propaganda press, federal bureaucracies, including the intelligence services, and corporate oligarchs. In other words, we are watching centers of institutional power networked into an aspiring tyranny.

The indictment and arraignment of Donald Trump is a dark moment in our history, and it is likely to get darker. But remember that you are the light, you, your families, your communities. Together we stand on the shoulders of our ancestors, from the Founding Fathers through the greatest generation to the present. We stand and fight, we persevere, we bring the light with us wherever we go. Let the torch of freedom never dim and justice be always blind for all. God bless you, the sons and daughters of light, and God bless America.

Please participate in our Reader’s Survey. It is our privilege to receive hundreds of responses from our fellow Americans. We read them all, learn from you, and share some of the thoughts and insights every Monday at 9 a.m. during America’s Future live broadcasts with our Executive Director Mary O’Neill on America’s Mondays With Mary. Thank You!

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America’s Future Files Amicus Brief in Student Athletes Gender Policy Case

On Thursday, March 30, 2023, America’s Future submitted an Amicus brief with the United States Court of Appeals for the Second Circuit in Soule, et al v Connecticut Association of Schools, Inc., Dkt. No. 21-1365 (2nd Cir. 2021) in a student athletics gender policy case. The brief was filed jointly with four other nonprofit organizations.

At issue is a 2013 “Transgender Participation” policy that the Connecticut Interscholastic Athletic Conference (CIAC) adopted requiring member high schools to allow participation in sex-specific sports based on a student’s professed gender regardless of the student’s actual biological sex.

Our brief argues, “[i]nstead of providing the same opportunities in sports to female students that are available to male students, the CIAC policy opens up female sports to males as long as those males ‘identify’ as females [except in cases where gender is claimed by a student for purposes of gaming the system].”

The plaintiffs are four female student-athletes aggrieved by CIAC’s “Transgender Participation” policy because it violates Title IX of the Education Amendments of 1972a, causing injuries to the plaintiffs along with all other biological female high school student-athletes.

Personal injuries suffered by the plaintiffs include losses of achievements, rank-based losses in state-wide sports programs and competitions, losses of awards and benefits, and a loss of enjoyment.  Additionally, injuries have accrued when biological males, competing as females, captured limited qualifying spots in state finals and championships, placing those same acclaimed spots just out of reach from all the biological female high school athletes, pulling the rug out right from under them.

Eventually, plaintiffs filed suit seeking to invalidate the policy as a violation of federal law, submitting a prayer for judgment in the form of correcting CIAC athletic records to remove the biological male athletic records from the females’ records, titles, and achievements.

At the trial level, the federal district court dismissed all of the plaintiffs’ claims.  The court declined to invalidate the policy, deeming this claim for injunctive relief as moot because two of the plaintiffs had graduated, and the other two did not immediately face competition from biological males electing to be female. As for the plaintiffs’ request that past sports records be corrected, the district court determined that the plaintiffs lacked standing as modification of the records would not redress the claimed injuries.

Plaintiffs appealed but lost.  However, on February 13, 2023, the 2nd Circuit, on their own volition, granted rehearing en banc.  The court ordered parties to brief three issues.  Our Amicus brief addresses one of the three, that is, “Whether plaintiffs have alleged an injury-in-fact redressable by ordering the alteration of athletic records.”

We argue in our brief that plaintiffs’ injury arising out of erroneous athletic records is redressable by the court and, if redressed, would not only cure the concrete injury of unlawful student records being memorialized but also eliminate an important continuing aspect of that injury.  Those unlawful records inevitably lead to losses of scholarships and even, in some cases, employment.  Our 35-page brief not only offers the court robust reasoning for vacating the dismissal and granting injunctive relief as requested but also provides a legal and scientific perspective on transgender ideology trends and mobilization of dangerous activists for malicious purposes under the guise of social justice.

As our brief explains, the en banc court has an opportunity to vacate the dismissal and prevent some of the hazards and dangers America is confronting “by not rewarding boys who seek to compete unfairly with girls…statute and regulations were adopted well prior to the current trans mania in order to protect girls’ sports, giving every indication that [the lower court] ruled in error, disregarding the objective truths, including that the plaintiffs female students athletic records unfairly diminished their accomplishments.”

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Lara Logan is an award-winning journalist and war correspondent. Born in South Africa, she’s reported from all over the world and has earned the admiration of her peers and the trust of news audiences. She’s also a board member of America’s Future, and we spoke with her about recent events.

You’re one of the best-informed people we know, with important insights into major issues here in America and abroad. What do you read, watch, and listen to in order to stay informed?

After so many years as a journalist, I have a lot of people seeking me out with information and stories. So, much of the information I deal with is first-hand or sent to me by my many contacts and sources. I rarely watch TV — cannot stomach it anymore and am usually occupied scanning the latest news in anything from Epoch Times to Substack to Rebel News, Revolver, and Tablet Magazine. Of course, I will also look at the mainstream media so that I have many different views — I never want to sink into a bubble, but it can be unbearable at times. I hardly ever have time to listen to anything — the exception to all that is when I learn about a specific project, and then I will watch or listen to that, like Mike Smith’s film “Out of Shadows” or Sean Stone’s documentary series “Best Kept Secrets.” I am a big fan of Corey’s Digs, Techno Fog, and Kanekoa the Great.

Are you surprised by the role the press has played in the campaign to destroy the opposition’s likely presidential candidate?

Not anymore. I would have been surprised 15 years ago when I was still at “60 Minutes” and had no clue that I was living in a bubble. Now I understand that we are in the midst of a type of warfare that is unfamiliar to most: it’s called 5th Generation warfare which is defined as a war of narratives, where false narratives are pushed over the truth. And journalists are critical to upholding these false narratives, from Russia collusion to Hunter Biden’s laptop to all the lies about Covid. So no, I am not surprised. Most journalists have demonstrated over and over that they hate Donald Trump — just look at the O’Keefe Media Group video from outside the courthouse in New York.

You were raised in South Africa and saw that country fall to chaos. Do you see similarities to the situation here in the US?

Not really, no. What I see is that growing up fighting against racism and apartheid, we had no idea that this noble effort was part of a broader global strategy orchestrated by truly evil people like George Soros and the Open Society Foundation and the puppet masters behind them. We fought hand-in-hand for justice and equality, and it was a noble fight, but we believed in the power of unity — ideas embodied by Nelson Mandela and Archbishop Desmond Tutu, that all of us, black and white, we are stronger together. Now critical race theory and all these other racist, hate-filled ideas are undoing Mandela’s legacy and spreading hate and division, and that fills me with sadness because the people who deserve better after suffering for so long are suffering again. 


You have been a vocal advocate for children’s rights around the world, so why are so few doing anything to stop traffickers from dragging children across America’s open southern border?

It’s very simple: In this war of narratives, many people have chosen to blind themselves to the truth because of the cost of acknowledging it. They care more about self-preservation than what is happening to children, and we live in a world where the abuse of children is being normalized in many ways. And the second reason is that children are trafficked into a network of sexual abuse, rape, and exploitation that goes all the way to the top of our society and reaches across the very agencies set up to protect children, like Child Protection Services and family courts, which are often involved. These are powerful forces that will stop at nothing to suppress the truth.

Can you say, tell us what projects you are working on these days?

I am working with Sovren Media and we are doing a series of investigative reports on January 6th, culminating in a film about the death of Rosanne Boyland on the steps of the Capitol that day, an unarmed, unconscious woman who was brutally beaten and maced by a Capitol Police officer, and then the government lied about her death. I am also doing a series of three segments on the Brunson Brothers and the power of ordinary citizens to stand up and fight for this country when they feel their leaders have failed them. I am also raising money for my investigative show, “The Rest of the Story with Lara Logan” which will cover child trafficking in the first season. And at the same time, we are building Press Club USA, which is based on the principles of real journalism and hopefully will provide a home and a foundation for journalism in the age of unprecedented assaults on press freedom, the digital age where government seeks to control every word and every thought. 

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Twenty-Fourth Amendment – Federal Poll Tax Abolished in Favor of Free and Fair Elections
24th Amendment

Welcome back to our series surveying the 27 constitutional amendments ratified over the course of our history as a sovereign nation, a Constitutional Republic.  Each amendment revises our Constitution, alters the course of history, and, in one way or another, advances America closer on her path to exceptionalism. The article below reviews the Twenty-Fourth Amendment. 

The Twenty-Fourth Amendment,  proposed by Congress on September 14, 1962, and ratified by the states on January 23, 1964,  ended the poll tax applied by states for elections of federal officials.  The text of the Amendment, in its entirety, states:

Section 1
The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

Section 2
The Congress shall have power to enforce this article by appropriate legislation. 

Despite ratification of the Amendment in 1964, states continued to charge a poll tax as a prerequisite to register to vote in state elections for another two years until the Supreme Court of the United States (SCOTUS) banned the practice across the board.

As background, in January 1937, a challenge to Georgia’s poll tax made its way to the SCOTUS. In that case, SCOTUS ruled that Georgia’s requirement that registered voters pay an annual poll tax of one dollar ($1.00) was constitutional as an exercise of state power.  According to the United States Bureau of Labor Statistics, the $1.00 Georgia poll tax in January 1937 is equal to $21.22 today.

The 1937 SCOTUS decision further upheld Georgia’s caveat poll tax provision that only men are required to pay this annual tax, reasoning that since Georgia poll taxes raise money for educational purposes and since Georgia law places the duty to provide for a child’s education only on the father, exempting women from paying a poll tax was justified.

In 1939, two years after the SCOTUS ruling, Congress began endeavors to abolish poll taxes to the extent it could under federal law, recognizing poll taxes to be intolerable as they unjustly disenfranchised those who could not afford to pay.  Shortly thereafter, the SCOTUS held all poll taxes invalid as unconstitutional.  The Civil Rights Movement in the late 1950s and early 1960s would eventually help culminate in the passage of the Twenty-Fourth Amendment in 1964.  At the ceremony formalizing the Amendment, President Lyndon B. Johnson spoke the words: “There can be no one too poor to vote.”

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Help End The War On Our Children

Hundreds of citizens representing every state in the nation have joined America’s Future Project Defend & Protect Our Children(PDPC) network of grassroots Americans coming together to help fight the war being waged against children in our country. We are grateful for the response to our outreach efforts and urge others to join this growing network and stay informed by reading the inaugural edition of the PDPC Bulletin here. You’ll learn how to spot the signs of grooming behavior and what brave parents and concerned citizens are doing to keep children safe in their communities. Help us end child exploitation, abuse, and trafficking in America.

Hundreds of citizens representing every state in the nation have joined America’s Future Project Defend & Protect Our Children(PDPC) network of grassroots Americans coming together to help fight the war being waged against children in our country. We are grateful for the response to our outreach efforts and urge others to join this growing network and stay informed by reading the inaugural edition of the PDPC Bulletin here. You’ll learn how to spot the signs of grooming behavior and what brave parents and concerned citizens are doing to keep children safe in their communities. Help us end child exploitation, abuse, and trafficking in America.

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Unequal Justice Under Law

DOJ Wages War On Pro-Life State Laws

This is the fourteenth entry in our expanded IN FOCUS section addressing corruption in the U.S. Department of Justice and the self-destruction of the FBI. Readers will find the compilation of the complete series of articles at Unequal Justice Under Law.

The Declaration of Independence, our nation’s charter, declares that the national government was formed to secure certain rights — including the right to “life, liberty, and the pursuit of happiness.”  Do these ancient values still constitute our shared values?  Sadly, these values are contested at every turn by the Left.

Probably what the Left hates most about these values is that the Declaration makes clear that we are “endowed” with those rights by “our Creator” — not by our government.  If these rights come from the Creator, they are beyond the authority of the government to take away.

  • Today, the Left hates “liberty” as it moves us to a totalitarian society where, as T.H. White described it:  “Everything not forbidden is compulsory.”
  • The Left’s vision of the “pursuit of happiness” is reflected in World Economic Forum Chairman Klaus Schwab’s reported prediction of the Great Reset:  “In 10 years, they will own nothing — and be happy with it.”
  • And, the Left’s view of “life” is reflected in the Women’s Health Protection Act which would protect abortion in every state up to the moment of birth (with the sanction of a doctor) — a bill that passed the House, but failed in the Senate last year by a razor-thin margin of 51-49.

With the new Republican House majority, the death cult of abortion pins its hopes not on Congress but on the U.S. Department of Justice (DOJ), which has turned into the de facto legal arm of Planned Parenthood.  The Supreme Court’s decision last year in Dobbs v. Jackson Women’s Health Organization was intended to return the issue of abortion to the states, but the DOJ nonetheless continues to insist on imposing the federal government’s will on pro-life states.  In case after case, DOJ’s taxpayer-funded litigators have declared war on pro-life laws being enacted in conservative states that seek to protect innocent life. 

DOJ Sues Texas Over Its “Heartbeat Bill”

In 2021, DOJ lawyers sued to block Texas’ “heartbeat bill” which prohibited abortions once an unborn baby has a detectable heartbeat.  Stunningly, the DOJ asked the court to recognize the right of the United States government to sue any state over any state law that the administration in power believes to be unconstitutional — even if no other party would have standing to challenge the state law.  When the suit reached the Supreme Court, the Court dismissed it on an 8-1 vote.  (United States v. Texas, 142 S. Ct. 522 (2021)).  In filing suit (before the U.S. Supreme Court’s Dobbs decision), Attorney General Merrick Garland announced:  “The Act is clearly unconstitutional under longstanding Supreme Court precedent … in the words of Planned Parenthood v. Casey….”

The implications of the DOJ’s suit were clear:  if a state passes a law out of line with the administration’s leftwing policy preferences, the federal government will attack the law in court.  If DOJ were to prevail in such lawsuits, it would “open the door wide to DOJ’s bringing all sorts of individual-rights constitutional claims against whatever state laws offend the current Administration.”

DOJ Sues Idaho Over its Pro-Life Bill

In August 2022, Merrick Garland announced that the DOJ had filed suit against Idaho over its pro-life law.  The Idaho law allows abortions to save the mother’s life or in cases of rape or incest.  That is not enough abortion for DOJ attorneys.  “On the day Roe and Casey were overturned, we promised that the Justice Department would work tirelessly to protect and advance [abortion],” Garland announced.  

Idaho’s Gov. Brad Little responded, “Our nation’s highest court returned the issue of abortion to the states to regulate — end of story.  The U.S. Justice Department’s interference with Idaho’s pro-life law is another example of Biden overreaching yet again while he continues to ignore…crushing inflation and the open border with Mexico.” 

The Idaho Supreme Court upheld the law’s constitutionality in January 2023, noting that “the relevant history and traditions of Idaho show abortion was viewed as an immoral act and treated as a crime.”  The Justice Department now is proceeding in federal court against the state.

DOJ Threatens to Sue Other States That Pass Pro-Life Legislation

In January 2023, the Justice Department announced that it is prepared to attack other state laws that attempt to preserve unborn life.  “We’ve obviously been very active in monitoring what’s happening in the states and locally, and given that most state legislatures now are coming back into session, we’ll be continuing to do so and looking at any laws that may get passed that infringe on federal protections,” said former ACLU lawyer and now Associate Attorney General, Vanita Gupta, who leads the DOJ’s “reproductive rights task force.” 

The battle for the values enshrined in the Declaration of Independence is being waged everywhere, and DOJ lawyers are on the wrong side of every battle.  

Where is the resistance to the Leftists in charge of the DOJ? In January 2023, House Republicans assumed total control of the purse strings of the federal government — which gives them the power to defund any component of the Executive Branch that they choose.  They must use that power.  They must do more than hold hearings, give floor speeches, and write letters to people like Merrick Garland who could care less what they think.  How about cutting the budget of the DOJ by 50 percent?  The nation would not just survive — it would prosper.  And, as a bonus if that were to happen, the lawless lawyers employed at the DOJ would be required to find an honorable way to make a living — for a change. 

To read the entire series of articles, please click here.

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Reminders & Updates

SHOP TIL YOU STOP: We hope you love America’s Future new online shop display and ease of accessing your favorite items! There are many new products, including a full assortment of tees for the whole family, a wide range of accessories like coffee mugs and totes, and a special line dedicated to our Project Defend & Protect Our Children. Thank you for your support!

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