Some facts, observations, and heard-on-the-streets

Thanksgiving preparations are underway, the 2026 elections are shifting into gear, and the Bills are wondering if they might not make the playoffs.

Here are some facts, observations, and heard-on-the-streets:

  • There seems to be some problems in MAGAland.  Affordability and the cost of groceries, inflation, rising medical and other insurance costs, threats to SNAP coverage, etc.  And lest we forget:  the Epstein files – what will actually be released?
  • And then there are some MAGA political problems:  was Majorie Taylor Greene forced out and is she taking some of the following with her?  We just watched a revolt in the House about the Epstein files; the Senate refuses to end the filibuster rule; gerrymandering may be tanking in Kansas and Indiana; and what about Texas?
  • Donald Trump’s poll numbers are dropping everywhere on the economy, inflation, immigration, foreign wars plus gaudy displays of opulence with state dinners, the $300 million ballroom, and gold piled upon gold everywhere in the White House.
  • And then last Friday Trump and New York City Mayor-Elect Zohran Mamdani had a buddy-buddy meeting in the Oval Office.  Congresswoman Elise Stefanik was already carrying Trump’s baggage on the policy issues that are going south.  She was passed over for vice president, had her nomination as UN ambassador yanked with no House leadership position to return to, and now  her favorite gubernatorial campaign talking point – Mamdani – is shredded.  Her campaign attack meister Chris Grant is going to have to charge twice – once for the Mamdani attacks that won’t work now and then for a whole new batch of attacks.  Ca-ching, ca-ching!
  • Nobody expected Carl Paladino to defeat Rick Lazio in the 2010 Republican primary for governor.  Maybe Bruce Blakeman has a chance against Stefanik.
  • Activities in the special election in state Senate District 61 are moving fast.  The four party executive committees that will select the candidates may be acting in the next four to six weeks.  The election will be in late February.
  • Jeremy Zellner will be the Democratic candidate.  Who will run under the Republican, Conservative, and Working Families lines remains to be seen.
  • Assemblyman Jon Rivera will run against Zellner in next June’s Democratic primary.  The Democratic Committees in the Tonawanda’s, Amherst, and Grand Island, representing 80 percent of the district’s registered voters, are solidly for Zellner.
  • Rivera will be giving up his Assembly seat to run for the Senate.  Five or more candidates have expressed an interest in the 149th Assembly District.  Fifty-six percent of the district is in the Town of Hamburg.  Buffalo Common Councilmember Mitch Nowakowski could clear the field if he decides to run.
  • Lawyer/political activist Peter Reese is committing $800,000 in personal funds to defeat Zellner.  Who his efforts are intended to help is not clear but it would seem that Rivera would be Reese’s candidate.  Over the past 20 years Reese has made nearly $759,000 in political contributions to candidates across a wide political spectrum.
  • Many county legislators and town officeholders who you just recently heard from will be back at your doors as the state transitions most local offices to an even-numbered election year cycle.  With elections for Congress, statewide offices, state legislators plus the local offices the ballots will be very long.  The gubernatorial election will increase voter turnout.  It was just 29 percent in Erie County in 2025.
  • Go Bills!?  The AFC Eastern Division Championship is gone and the team’s on again off again performances make me wonder if they could fall from a wild card team, to “in the hunt,” to home watching the playoffs in January.
  • Meanwhile the main news out of the Buffalo Sabres is still that Kevyn Adams is general manager and Lindy Ruff is the coach.  The team is once again sinking to the bottom of their division and conference.
  • Wasting away again in Pegulaville, searching for…
  • Happy Thanksgiving to all!

Bluesky @kenkruly

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New evidence is emerging that could deal a major blow to President Donald Trump's case for stripping birthright citizenship to the children of immigrants.

The president has asked the U.S. Supreme Court to restore “the original meaning” of the 14th Amendment, which his lawyers argued in a brief meant that “children of temporary visitors and illegal aliens are not U.S. citizens by birth," but new research raises questions about what lawmakers intended the amendment to do, reported the New York Times.

"One important tool has been overlooked in determining the meaning of this amendment: the actions that were taken — and not taken — to challenge the qualifications of members of Congress, who must be citizens, around the time the amendment was ratified," wrote Times correspondent Adam Liptak.

A new study will be published next month in The Georgetown Law Journal Online examining the backgrounds of the 584 members who served in Congress from 1865 to 1871. That research found more than a dozen of them might not have been citizens under Trump’s interpretation of the 14th Amendment, but no one challenged their qualifications.

"That is, said Amanda Frost, a law professor at the University of Virginia and an author of the study, the constitutional equivalent of the dog that did not bark, which provided a crucial clue in a Sherlock Holmes story," Liptak wrote.

The 14th Amendment states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside," while the Constitution requires members of the House of Representatives to have been citizens for at least seven years, and senators for at least nine.

“If there had been an original understanding that tracked the Trump administration’s executive order,” Frost told Liptak, “at least some of these people would have been challenged.”

Only one of the nine challenges filed against a senator's qualifications in the period around the 14th Amendment's ratification involved the citizenship issue related to Trump's interpretation of birthright citizenship, and that case doesn't support his position.

"Several Democratic senators claimed in 1870 that their new colleague from Mississippi, Hiram Rhodes Revels, the first Black man to serve in Congress, had not been a citizen for the required nine years," Liptak wrote. "They reasoned that the 14th Amendment had overturned Dred Scott, the 1857 Supreme Court decision that denied citizenship to the descendants of enslaved African Americans, just two years earlier and that therefore he would not be eligible for another seven."

"That argument failed," the correspondent added. "No one thought to challenge any other members on the ground that they were born to parents who were not citizens and who had not, under the law in place at the time, filed a declaration of intent to be naturalized."

"The consensus on the 14th Amendment’s citizenship clause has long been that everyone born in the United States automatically becomes a citizen with exceptions for those not subject to its jurisdiction, like diplomats and enemy troops," Liptak added.

Frost's research found there were many members of Congress around the time of the ratification of the 14th Amendment who wouldn't have met Trump's definition of a citizen, and she said that fact undercuts the president's arguments.

“If the executive order reflected the original public meaning, which is what the originalists say is relevant,” Frost said, “then somebody — a member of Congress, the opposing party, the losing candidate, a member of the public who had just listened to the ratification debates on the 14th Amendment, somebody — would have raised this.”

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