mindboggling regulatory capture
@bcfghhpqtvwxyz
Majority Leader Thune’s 3 AM Gambit:
Defending the Shutdown Filibuster
“When Majority Leader Thune allowed a compromise bill to pass on the Senate floor at 3 AM last night, he fundamentally altered the legal landscape for the President’s emergency declaration and his Executive Order to pay the TSA.
The President’s Executive Order is now in grave jeopardy.
Previously, the White House could argue that a procedural blockade (the Senate filibuster) was the sole obstacle to funding, creating an “artificial” crisis.
However, by moving a bill through the Senate, Thune has shifted the crisis from a procedural failure to a legislative disagreement between the House and Senate.
The Antideficiency Act (ADA) Trap:
The Senate’s action now forces this shutdown to qualify as a legitimate funding lapse under the Antideficiency Act.
• Before the vote:
The funding gap was a “man-made” emergency caused by Senate rules, which offered the President a narrow opening to claim executive necessity.
• After the vote:
It is now a standard bicameral dispute.
Under the ADA, the President generally lacks the authority to override a lack of Congressional appropriations resulting from a policy standoff between two chambers.
The Real Motivation
Majority Leader Thune knowingly and deliberately protected Minority Leader Schumer’s ability to use the filibuster as a weapon against federal funding.
By clearing the Senate hurdle, Thune didn’t aim to reopen DHS; he acted to insulate the shutdown filibuster from judicial or public abolition.
His 3 AM action was not a rescue mission for the TSA, it was a strategic maneuver to preserve the Senate’s most powerful procedural blockade.
The Supreme Court could have recognized that the ‘intent’ of the Antideficiency Act (ADA) assumed a collective disagreement between the two chambers of Congress, rather than a procedural blockade within a single one.
Therefore, when a procedural tactic, such as a filibuster, is used to preempt a vote on a bipartisan bill already passed by the House and agreed to by the Senate Appropriations Committee (as it was on the day before the cloture vote during which Senator Schumer invoked the shutdown filibuster), it is not a collective act of the ‘Full Senate.’
In this view, Congress as a whole has not reached a formal disagreement.
Rather, a single member has prevented the legislative body from acting at all, effectively misusing the ADA to create a manufactured funding crisis and an emergency that forces federal workers to work unpaid until that senator relents on their filibuster.” --3:26 PM · Mar 27, 2026
What is it about the UNIPARTY and 3 am votes?
AGAIN, ICE and Border Patrol were not funded because THUNE AND SCHUMER BOTH WANT THEM NOT FUNDED.
AS Leader-ish Thune said in his maiden speech, preserving the Filibuster is his absolute highest priority. The Framers would have wanted it that way, he asserts, even though they were too stupid and short-sighted to include it in the Constitution, a deficiency which he and the UNIPARTY have remedied by amending the Constitution by Senate rule.
Let's be generous and say there are a dozen Republican senators who, in their heart of hearts, actually approve of Americans ruling themselves through Honest Elections.
But with the Thune/Schumer Brand(tm) Filibuster, all 53 can safely vote for the SAVE America Act, safe in the knowledge that Thune and Schumer have already agreed to thwart Honest Elections in America with their ill-gotten 60-vote Senate Rule.
They use Rigged Elections to keep the Senate margins close for this purpose. Which means, in the case of the SAVE Act, they are using Stolen Elections to steal even more elections--but not too many!
You know, The Way the Founders Would Have Wanted It(tm).
And, beautifully, voters can never know which twelve senators actually believe in America and which are imposters, to hold them accountable. Even House members may vote duplicitously, knowing the Thune/Schumer Brand(tm) Filibuster is there to backstop their pretend patriotism, too.
Oh, it's a beautiful thing.

Thune AND Schumer. Get it?
WAKE UP.
Psalm 5
8 Lead me, Lord, in your righteousness
because of my enemies—
make your way straight before me.
9 Not a word from their mouth can be trusted;
their heart is filled with malice.
Their throat is an open grave;
with their tongues they tell lies.
10 Declare them guilty, O God!
Let their intrigues be their downfall.
Banish them for their many sins,
for they have rebelled against you.
11 But let all who take refuge in you be glad;
let them ever sing for joy.
Spread your protection over them,
that those who love your name may rejoice in you.
12 Surely, Lord, you bless the righteous;
you surround them with your favor as with a shield.
Your favor is our shield, Lord, so we sing for joy always, on earth as it is in Heaven!
