^{Posts January 25, 2018}

^{These are the 2018 that are accumulated in our weekly newsletter which goes out throughout the school year. The posts are organized by the major units in our Constitutional Law (5th ed.) student textbook}

Supreme Court Justice Sotomayor pushes for civics requirement in schools in Seattle visit

 [Seattle Times, 1/24/18]: If schools chief Chris Reykdal gets his way, civics education will become a required course for all Washington students. And he received a big boost toward that end from U.S. Supreme Court Justice Sonia Sotomayor, who was in Seattle Tuesday talking with teachers, law professors and fellow judges about the importance of teaching kids how, and why, to engage with government.

https://www.seattletimes.com/education-lab/supreme-court-justice-sotomayor-sheds-judicial-robes-to-push-for-civics-in-seattle/

Stockton University students get civics lesson from Justice Neil Gorsuch [Shy? Blog, 1/24/18]:  The most junior justice on the U.S. Supreme Court explained his judicial philosophy and recounted some of the lighter moments of his new job during an appearance in South Jersey on Tuesday. Neil Gorsuch explained to the crowd at Stockton University — made up of students, university trustees, and other invited guests — the importance of understanding how government works and being able to discuss your opinion with people who disagree.

https://whyy.org/articles/stockton-university-students-get-civics-lesson-justice-neil-gorsuch/

Justice Breyer talks about history, the law and why he rooted for the Patriots on Sunday pJacksonville Times, 1/24/18[: For an hour Monday night on the stage at the University of North Florida’s arena, Justice Stephen G. Breyer recounted the histories of Supreme Court cases, shared why he thinks judges should consider international precedents and jabbed at the Jaguars’ defeat.

 http://jacksonville.com/news/metro/2018-01-17/justice-breyer-talks-about-history-law-and-why-he-rooted-patriots-Sunday

I.          Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5^th edition of Constitutional Law] Some recent articles that are relevant to this unit

Florida Supreme Court going live on Facebook [Tallahassee Democrat, 1/24/18]: Stuck in the office? Don’t have a TV nearby? Want to watch Florida Supreme Court proceedings? No problem. More than 40 years after it was the first in the country to welcome cameras into the courtroom, the high court will begin broadcasting its proceedings live on Facebook Thursday.

http://www.tallahassee.com/story/news/2018/01/23/florida-supreme-court-going-live-facebook/1057553001/

Anthony Kennedy Can't Be Allowed to Die [Nat. Review, 1/24/18]:  We need the Supreme Court to swing from side to side, dispensing wins and losses to the left and the right.

http://www.nationalreview.com/article/455683/anthony-kennedy-swing-vote-supreme-court-we-need-him-alive

II.         Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5^th edition of Constitutional Law] Some recent articles that are relevant to this unit:

^{The American Presidency [TOPIC 15]}

Trump open to citizenship for DACA enrollees -- President Donald Trump will consider a pathway to citizens[Politico, 1/24/18]:p in 10 to 12 years for enrollees in the Deferred Action for Childhood Arrivals program, he told reporters during an impromptu news conference at the White House on Wednesday evening.

^{https://www.politico.com/story/2018/01/24/trump-open-to-citizenship-daca-dreamers-367515}

Supreme Court agrees to speed up Trump's DACA appeal pUSA Today, 1/23/18]: The Supreme Court is racing Congress to decide the future of the Dreamers. The justices agreed Tuesday to decide quickly whether to hear the Trump administration's appeal of a federal district court's order to restart the DACA program without waiting for an appeals court ruling.

^{https://www.usatoday.com/story/news/politics/2018/01/23/supreme-court-agrees-speed-up-trumps-daca-appeal/1057396001/}

III. The Political System: Voting and Campaigns

Travel Ban 3.0 Heads to the Supreme Court: Win or Lose the Battle, the Resistance is Winning the War  [Justia, 1/24/18]:  Professor Dorf argues that regardless of the outcome of President Trump's "Travel Ban 3.0" before the US Supreme Court, the litigation challenging the Travel Ban should be regarded as a victory over Trump's effort to rule by diktat. In support of this argument, Dorf points out that the litigation makes it abundantly clear to the American people that Trump remains every ounce the same vile and petty would-be tyrant that he appeared on the campaign trail.

https://verdict.justia.com/2018/01/24/travel-ban-3-0-heads-supreme-court

Pennsylvania court orders new election map for its 18 House seats in a boost for Democrats [ ^{LA Times / Reason.com, 1/23/18]:} The Pennsylvania Supreme Court on Monday struck down the state's congressional map, which was drawn to give Republicans a 13-5 majority, a ruling that could shift two or three seats to Democrats thifall. The decision is the third in a year to strike down a state election map as a partisan gerrymander. Unlike the others, however, it cannot be easily blocked or voided by an appeal in federal court because it's based solely on the state constitution

^{htthttp://reason.com/blog/2018/01/23/state-supreme-court-tosses-pas-terrible}

^{p://www.latimes.com/politics/la-na-pennsylvania-gerrymander-20180122-story.html}

^{Mixed Signals: Analyzing Elections Since Trump Won the Presidency [Sabato’s Crystal Ball, 12518]L}  In 2013 elections, Democratic candidates ran behind Barack Obama’s 2012 two-party vote percentage by an average of 5.9 percentage points. A great Republican cycle in 2014 followed. In elections since December 2016, Republican candidates have run an average of 2.6 points behind Donald Trump’s 2016 two-party vote share, a notably smaller figure that could augur poorly for Democrats in 2018. This includes both special and regular elections.

http://www.centerforpolitics.org/crystalball/articles/mixed-signals-analyzing-elections-since-trump-won-the-presidency/

The Courts Take Aim at Partisan Gerrymandering [New Yorker, 1/23/18]: Donald Trump so dominates the media landscape that he crowds ot other news. So what may be the most important political development of our time—the death of partisan gerrymandering—may not be receiving the attention it deserves.

https://www.newyorker.com/news/daily-comment/the-courts-take-aim-aDt-partisan-gerrymandering

California's next governor: Who's running, who's on the fence, and who's already out [LA Times, 1/24/18]: Welcome to your guide to the 2018 California governor’s race. The general election is less than a year away. Campaigning is underway, political consultants are doling out advice and pundits are handicapping favorites and wild cards. 

http://www.latimes.com/politics/la-pol-ca-california-governor-list-2018-htmlstory.html

Skelton: Will California lose a seat in Congress after the next census? You can bet Trump hopes so [LA Times, 1/24/18]: Here's a mischievous way for President Trump to get back at pesky California: Ask people in the 2020 census whether they're U.S. citizens. Then the president can chortle if immigrants who are here illegally duck away from participating in the population count.

http://www.latimes.com/lanews-george-skelton-20130507-staff.html#nt=byline

Politifact CA: No, California didn’t pass a law allowing undocumented immigrants to register to vote [PolitiFact CA, 1/24/18]: In April 2018, a new law will allow Californians to automatically register to vote when they renew their driver’s license. It’s intended to bolster registration in a state where voter turnout has lagged. A slew of conservative websites, however, have seized on the law, dubbed the California New Motor Voter Program, to make the claim this week that it will register undocumented immigrants to vote.

http://www.politifact.com/california/statements/2018/jan/24/worldnetdaily/no-california-didnt-pass-law-allowing-undocumented/

^{Legislation and the Legislative Process}

Budget talks progress, as Senate Dems drop Dreamer demand [Politico, 1/24/18]: But House Democrats may not support a spending deal that lacks relief for young undocumented immigrants. 

https://www.politico.com/story/2018/01/24/democrats-drop-dreamer-demand-with-budget-deal-in-reach-366992

Legal action leaves DACA deadline murky [Politico, 1/22/18]:  A judge's ruling and the Trump administration's strategy combine to undercut the importance of March 5 for spurring action on 'Dreamers.’

https://www.politico.com/story/2018/01/22/dreamers-immigration-deadline-trump-administration-357867

IV.       Cminal Law and Procedure (4^th, 5^th, 6^th, and 8^th amendments) [See TOPICS 21-28 in the 5^th edition of Constitutional Law] Some recent articles that are relevant to this unit:

Supreme Court Considers a Raucous Party and an Endangered Frog [NY Times / LA Times / USA Today, 1/22/18]: "Peaches" got creamed at the Supreme Court Monday. The justices ruled unanimously that District of Columbia police were within their rights to arrest 21 partygoers for trespassing and disorderly conduct in 2008 at a boozy bachelor party hosted by a woman named Peaches.

https://www.nytimes.com/2018/01/22/us/politics/supreme-court-considers-a-raucous-party-and-an-endangered-frog.htm

http://www.latimes.com/politics/la-na-pol-court-police-partygoers-20180122-story.html

https://www.usatoday.com/story/news/politics/2018/01/22/booze-drugs-strippers-and-trespassing-supreme-court-says/1053508001/

FBI statistics reveal violent crime drop and murder rate increase in first half of 201

[Jurist, 1/24/18]: The FBI released preliminary statistics Tuesday outlining US crime metrics from January through June 2017, which indicated a downward trend in violent crime and rise in the homicide rate. In the first half of 2017 the violent crime rate fell by 0.8 percent in comparison with the same period last year. In both 2015 and 2016 the 

http://www.jurist.org/paperchase/2018/01/fbi-statistics-reveal-violent-crime-drop-and-murder-rate-increase-in-first-half-of-2017.php

V.        1^st Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5^th edition of Constitutional Law] Some recent articles that are relevant to this unit:

First Amendment Earns a C+ on Winter 2018 Report [Newseum, 1/14/18]:  antagonistic presidential administration caused the press freedom “grade” to suffer, while freedoms of speech and assembly saw slight improvement.

http://www.newseuminstitute.org/2018/01/24/first-amendment-earns-a-c-on-winter-2018-report-card/

Podcast: Free Speech and the Internet [Newseum, 1/24/18]: What does freedom of speech mean in the age of the internet? Legendary First Amendment lawyer Floyd Abrams breaks down the major challenges we face today. 

http://www.newseuminstitute.org/2018/01/23/podcast-floyd-abrams/

College Protestor Had Right to Remove Online Discussion Thread, Federal Judge Rules  [Newseum, 1/23/18]: The professor found that arguments about Hitler distracted students from their actual discussion prompt.

http://www.newseuminstitute.org/2018/01/22/college-professor-had-right-to-remove-online-discussion-thread-federal-judge-rules/

Gang Injunctions Threaten Freedom of Association and Other Civil Liberties [Newseum, 1/23/18]: “Safety zones” meant to curb criminal gang activity can trample n the freedom of association. 

http://www.newseuminstitute.org/2018/01/22/gang-injunctions-threaten-freedom-of-association-and-other-civil-liberties/

First Am\endment News) More from FIRE — New Podcast Series Charts History of Free Speech [Concurring Opinions, 1/25/18]:  The podcast provides an engaging and inspiring history of free speech that is accessible to anyone interested in a topic that is fundamental to every human being and society. If you want to understand what’s at stake and know about the battles that our predecessors were engaged in the fight for free speech there can be no better place to start than with Jacob Mchangama’s podcast.”  — Flemming Rose 

The folks at FIRE (Foundation for Individual Rights in Education) are on fire when it comes to almost anything having to do with free speech. 

https://concurringopinions.com/archives/2018/01/fan-175-1-first-amendment-news-more-from-fire-new-podcast-series-charts-history-of-free-speech.html

The Constitutional Issues Driving the Events in the Hit Movie, The Post  [Justia, 1/ 25/18]: Professorls Amar Amar and Brownstein describeand analyze the two main legal doctrines that give rise to the action in the blockbuster movie The Post, which chronicles the efforts of journalists at the Washington Post and the New York Times to publish the Pentagon Papers. As Amar and Brownstein explain, the rule against prior restraint and the collateral bar rule animated many of the motives, moves, and countermoves that were documented in the acclaimed film.

  https://verdict.justia.com/2018/01/25/constitutional-issues-driving-events-hit-movie-post  

VI.       14^th Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5^th edition of Constitutional Law] Some recent articles that are relevant to this unit:

#MeToo, Time’s Up, and Restorative Justice  [Justia, Pr1/23/18]: Professor Wexler comments on the 2018 Golden Globes acceptance speech by Laura Dern calling for restorative justice in the context of the #MeToo and Time's Up movements. Wexler analyzes the possible meaning of this somewhat ambiguous call to action, explaining that it could mean the restoration and reintegration of women who have suffered employment setbacks at the hands of their harassers and assaulters, and pointing out that it could also carry the more traditional notion of restorative justice, which includes the wrongdoers and the community as a whole to engage in "apologies, restitution, and acknowledgments of harm and injury."

^{https://verdict.justia.com/2018/01/23/metoo-times-restorative-justice}

Justice Ruth Bader Ginsburg Reflects On The #MeToo Movement: 'It's About Time [NPR’s “Morning Edition,” 1/22/18]: https://www.npr.org/2018/01/22/579595727/justice-ginsburg-shares-her-own-metoo-story-and-says-it-s-about-tim

^{https://www.npr.org/2018/01/22/579595727/justice-ginsburg-shares-her-own-metoo-story-and-says-it-s-about-time}