To: Teachers of Constitutional Law in high school
From: Rich Kitchens, Director, Constitutional Law Education Project (CLEP) (http://conlawed.com) (Email us at: conlawed@gmail.com)
Subject: Newsletter #713 (Februaruy 10, 2018)
I. Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
Baby judges [AP, 2/8/18]: In this courtroom, every student’s name is “Judge.”
California’s first judicial recall in 86 years to appear on Santa Clara County ballot [SJ Merc, 2/6/18]: Santa Clara County supervisors Tuesday ordered the recall of Judge Aaron Persky to be placed on the June 5 ballot, setting the stage for voters in California to decide whether to oust a sitting judge for only the fourth time in more than a century.
II. Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
State asks U.S. Supreme Court to review ‘Indian Country’ ruling that would require federal jurisdiction; State asks justices to review appellate decision with far-reaching implications [Tulsa World, 2/8/18]: Oklahoma would become a ‘fractured, second-class state’ if an appellate court ruling that greatly expanded what is considered ‘Indian country’ is allowed to stand, a petition filed on behalf of the state with the U.S. Supreme Court argues.
The American Presidency [TOPIC 15]
Third-highest ranking official at the Justice Department stepping down [Wash Post / Buzzfeed, 2/9/18]: Associate Attorney General Rachel Brand — the third-ranking official at the Justice Department — is leaving the department after less than a year on the job, two senior Justice Department officials told BuzzFeed News.
Judge leans toward asserting right to rule on border wall [AP, 2/9/28[: A judge who was berated by Donald Trump during the presidential campaign said Friday he was inclined to conclude he can decide a lawsuit that challenges the president’s proposed border wall with Mexico but gave no indication how he’ll rule.
Times, 2/5/18]: Lawyers for President Trump have advised him against sitting down for a wide-ranging interview with the special counsel, Robert S. Mueller III, according to four people briefed on the matter, raising the specter of a monthslong court battle over whether the president must answer questions under oath.
DOJ makes last pitch for immediate SCOTUS review of DACA [Thompson Reuters News, 2/8/18]: Next week, the U.S. Supreme Court will conference on the Justice Department’s petition requesting review of a preliminary injunction ruling that keeps in place the Obama-era Deferred Action for Childhood Arrivals policy. It’s easy to forget, amid political furor about the future of the young adults whose parents brought them to this country illegally when they were children, just how extraordinary the DOJ petition is. The Trump administration is asking the Supreme Court to depart from its normal protocols and grant relief the justices have eschewed for nearly 30 years.
FBI surveillance of Carter Page might have picked up Bannon [Politico, 2/8/18]: The former Trump campaign adviser says he spoke to Trump aide Steve Bannon about Russia in January 2017, at a time when the FBI had a controversial warrant to monitor Page’s communications.
White House moves to distance Trump from market plunge [Politico, 2/5/18]: Aides quickly coordinated statements and TV appearances after stock swings overtook the president’s speech. https://www.politico.com/story/2018/02/05/trump-stock-market-fall-white-house-391976?lo=ap_a1
Trump’s Male-Dominated Appointments Close the Door for Women [“Take Care” blog, 2/5/18]: In his first year in office, President Trump has catapulted dozens of attorneys to the peaks of their careers. Those he has tapped for the bench and to run U.S. Attorneys’ Offices have a lot in common: they have had prestigious clerkships, they have achieved political and local influence, and they are mostly white and mostly male. In this post, we’re going to focus on the disparities between the number of men and the number of women appointed to these positions.
Trump: Nunes memo ‘totally vindicates’ me –[Politico, 2/3/18]:President Donald Trump said Saturday that the controversial memo written by Rep. Devin Nunes (R-Calif.) and other GOP lawmakers “totally vindicates” him — a judgment shared by few but his staunchest defenders.
III. The Political System: Voting and Campaigns [See TOPICS 16-20 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
Citizens United Unleashed [Slate, 2/5/18]: A new ruling draws on the conservative First Amendment precedent to potentially re-enfranchise thousands of Floridians.
Pennsylvania Congressional Map Faces Supreme Court Call [WSJ, 2/3/18]: With the Pennsylvania primary vote only about three months away, candidates and voters still don’t know what their districts will look like
Legislation and the Legislative Process (TOPIC 20)
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Senate 2018: Republicans Still Have Plenty of Targets [Sabato’s Crystal Ball, 2/8/18]: And Democrats need all the breaks to win a majority.
Why Pa.’s gerrymandered map went too far, acccording to state Supreme Court [Philly Inquirer / Jurist, 2/8/18]: Pennsylvania’s congressional map, as adopted in 2011, violates the state constitution’s guarantee that “elections shall be free and equal,” the state Supreme Court said Wednesday in an opinion explaining its gerrymandering order overturning the map more than two weeks ago.
Why the Supreme Court Was Right to Stay out of the Pennsylvania Supreme Court Districting caseand Why State Courts Have Inportant Roles in this Area [Justia, 2/8/18]: Professor Amar explains why the US Supreme Court was right to leave undisturbed the recent congressional redistricting ruling by the Pennsylvania Supreme Court. Amar describes the important role (and limitations) of state courts and state legislative bodies in our federal system.
Congress Votes to Reopen Government, Passes Budget Deal [CNS, 2/9/18]: The House moved swiftly early Friday to reopen the federal government and pass a $400 billion budget deal, endorsing enormous spending increases despite looming trillion-dollar deficits. President Trump signed the bill hours later.
As deadline looms, Republicans consider new strategy for Pa. congressional maps [Philly Inquirer, 2/8/18\: It’s official: The state legislature will not pass a new congressional map before the Pennsylvania Supreme Court’s Friday deadline.
#MeToo movement lawmaker investigated for sexual misconduct allegations –[CPR, 2/8/18]: California Assemblywoman Cristina Garcia — whose high-profile advocacy of the #MeToo movement earned her national media notice — is herself the subject of a state legislative investigation in the wake of a report that she sexually harassed and groped a former legislative staffer.
With 14 harassment investigations underway, how do lawmakers handle the accused? pCalMatters, 2/7/18]: Under investigation for sexual harassment—including allegations that he invited a young staffer to come home with him—state Sen. Tony Mendoza agreed on Jan. 3 to take a month-long leave of absence from the California Legislature. But a week later, the Democrat from Artesia showed up in the Capitol and lingered until the leader of the Senate told him to leave.
Pelosi’s Dreamers protest leaves some Democrats wanting [Politico, 2/7/18]: But other lawmakers praised her eight-hour talkathon, even if it failed to produce the desired result.
California legislative staff get whistleblower protections [AP, 3/5/18]: California legislative staff members on Monday applauded the passage of a bill granting whistleblower protections to legislative staff members who say they are badly needed to ensure sexual misconduct and other misbehavior can be reported without fear of retaliation. It passed the Assembly unanimously and was quickly signed by Democratic Gov. Jerry Brown, taking effect immediately.
Who Is Devin Nunes? A Look At The Man Behind The Memo pNPR, 2/3/18]: The controversy comes with the 44-year-old chairman of the House intelligence committee on a rocky, rapid rise to power in President Trump’s Republican Party — an ascent that required something of an about-face. Once an aggressive critic of the GOP’s populist right flank, Nunes has become a key Trump defender and champion of the party’s most conservative wing.
Pelosi comes out a loser — and a winner — in battle over spending bill [SF Chron, 2/9/18]: “Win some, lose some” may be the ancient mantra of politics, but Minority Leader Nancy Pelosi managed to do both in the same vote on a compromise budget agreement early Friday morning. Predictably, the result angered plenty of Democrats and left Pelosi as a target of both the right and the left.
IV. Criminal Law and Procedure (4th, 5th, 6th, and 8th amendments) [See TOPICS 21-28 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
Trump Promise Kept [Bloomberg, 2818]: Gorsuch Fits Scalia Mold on Criminal Law.
Democrats and FBI Abuses: In the 1970s, progressives stood up for civil liberties [WSJ Op-Ed, 2/5/18]: Today they’ve reverted to the J. Edgar Hoover era.
State Supreme Court ruling will help juveniles facing trial as adults [SF Chron, 2/3/18]: In a victory for youngsters charged with crimes, the state Supreme Court ruled Thursday that a November 2016 ballot measure, which limited prosecutors’ authority to charge juveniles as adults, applied to all cases that were not yet final when the measure passed.
California must consider earlier parole for sex offenders, judge rules [AP, 2/9/18]: Sacramento County Superior Court Judge Allen Sumner preliminarily ordered prison officials to rewrite part of the regulations for Proposition 57. The 2016 ballot measure allows consideration of earlier parole for most state prison inmates, but Gov. Jerry Brown promised voters all sex offenders would be excluded. That goes too far, Sumner said in rejecting Deputy Atty. Gen. Maria Chan’s argument that the ballot measure gave state officials broad discretion to exclude any class of offenders whose release might harm public safety.
V. 1st Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
1st Amendment News: “Make No Law….” Podcasts [Concurring Opinions, 2/7/18]: Over at Popehat a new First Amendment podcast series has been launched; it’s titled “Make No Law” and is hosted on the Legal Talk Network. The podcasts are conducted by Kenneth P. White, a criminal defense and First Amendment lawyer at Brown White & Osborn.
The ‘Slave Power’ Behind Florida’s Felon Disenfranchisement [Slate, 2/4/18]: Laws barring the formerly incarcerated from voting have no business marring politics in a 21st century democracy.
Court Revives Poet’s Free Speech Claims Against Public TV [CNS, 2918\: The Second Circuit Court of Appeals revived an East Harlem poet’s free speech lawsuit against a public access television corporation that barred him from its studio.
VI. 14th Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
#MeToo movement is accomplishing what sexual harassment law to date has not. This mass mobilization against sexual abuse, through an unprecedented wave of speaking out in conventional and social media, is eroding the two biggest barriers to ending sexual harassment in law and n life: the disbelief and trivializing dehumanization of its victims
Anti-union challengers are on the verge of victory at Supreme Court[USA Today, 2/8/18]: Dianne Knox describes herself as “a child of the ‘60s.” Pam Harris grew up a butcher’s daughter in a proud union household. Rebecca Friedrichs was secretary of her local teachers’ union. Mark Janus supports the rights of workers to organize.
Court rules in favor of male student in sexual-assault case [AP, 2/9/18]: The student, identified in court documents as “John Doe,” said most of Miami’s sexual misconduct cases are against males who are then ruled responsible without fair hearings. He was suspended for a 2014 encounter with a female acquaintance who said he went ahead with sexual acts when she told him not to after they had some consensual activity.
You can read the decision at:
International Law, Citizenship and Immigration [TOPIC 40-42]
The Meaning of Trump’s Plan to Keep Gitmo Open [Justia, 2/7/18]: Professor Dorf explains the symbolism of President Donald Trump’s announcement during his State of the Union address that he would be keeping the detention facility at Guantánamo Bay open. Dorf points out that despite the extraordinarily high cost of keeping the facility open, Republicans support its continued operation simply as repudiation of President Obama, who wanted to close it. Dorf points out that Republicans’ opposition to closing Gitmo during the Obama presidency also jibed with the not-so-veiled racism of many Republicans who questioned Obama’s citizenship and commitment to the US (disregarding the fact that President Bush actually released more Gitmo detainees than President Obama did).
grapple with radical shifts in immigration policy, a look at the cases underlying the conversation about the rights of refugees, immigrants, Dreamers, and visitors.
I. Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
Ethics, race, bias among advice Sotomayor gives UH law students [Houston Chron, 1/27/18]: Supreme Court justice answers questions, tells law students to get involved in isoheson.
The Chief Justice, Searching for Middle Ground [The great Linda Greenhouse in the NY Times, 2/1/18]: This column is not — repeat, not — going to argue that our conservative chief justice, John G. Roberts Jr., has morphed into a moderate.
Skipping State of the Union is a Supreme Court tradition regardless of who’s president [USA Today, 1/28/18]: Supreme Court Justice Ruth Bader Ginsburg will be the most notable member of the high court to skip President Trump’s first State of the Union address Tuesday night, but she likely won’t be the only one.
Is the Federal Judiciary Independent of Congress? [SSRN, 2/1/18]: Can Congress command a federal court to rule in favor of a particular party in a pending case? The answer to this seemingly simple question is unsettled.
‘I will be there’: Ruth Bader Ginsberg says she has no plans to retiree [Haaretz, 2/1/18]: Ginsburg says the U.S. should pass the Equal
Skipping State of the Union is a Supreme Court tradition regardless of who’s president [USA Today, 1/28/18]: Supreme Court Justice Ruth Bader Ginsburg will be the most notable member of the high court to skip President Trump’s first State of the Union address Tuesday night, but she likely won’t be the only one.
The Supreme Court’s Travel Ban Dilemma [The Atlantic, 1/27/18]: The justices face a historic choice regarding presidential power.
II. Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
California Senate approves tax workaround [Jiurist, 1/31/18]: he California Senate approved Senate Bill 227 Tuesday in an attempt to protect its taxpayers from the recent tax overhaul and its cap on individual deductions for state and local taxes. The new federal tax law limits the individual deduction for state and local taxes to $10,000, which mostly hurts wealthier Californians.
Appeals Court Rules CFPB Structure Is Constitutional [WSJ, / {p;otocp 1/31/18]: A federal appeals court on Wednesday upheld the single-director structure of a consumer-finance regulator created after the financial crisis, but threw out the penalties it levied against a mortgage-service company. The U.S. Court of Appeals for the District of Columbia Circuit, in a divided ruling, rejected arguments that Congress in 2010, while controlled by Democrats, improperly set up the Consumer Financial Protection Bureau by making it difficult for the president to remove the agency’s director.
Court Ruling on CFPB Director Deals Blow to Trump Administration [Bloomberg, 1/31/18]: The Consumer Financial Protection Bureau regained a measure of independence when a U.S. appeals court said the president’s power to remove the agency’s head is limited to specific reasons such as neglect of duty or malfeasance in office.
https://www.bloo mberg.com/news/articles/2018-01-31/cfpb-s-director-slot-regains-job-security-on-appeals-reversal
The American Presidency [TOPIC 15]
Trump falsely claims his State of the Union audience was ‘highest’ in history [LA Times, 2/1/18]: Trump’s audience, measured by Nielsen data, is b / NPRelow the 48 million viewers who watched former President Obama’s first State of the Union address in 2010. It’s also below 52 million — the number that tuned in to watch President George W. Bush’s first such speech in 2002 and President Clinton’s in 1994.
The Chief Justice, Searching for Middle Ground [The great Linda Greenhouse in the NY Times, 2/1/18]: This column is not — repeat, not — going to argue that our conservative chief justice, John G. Roberts Jr., has morphed into a moderate.
From ‘American carnage’ to ‘American heart’: How Trump toned it down [Politico, 1/30/18]: Amid deepening partisan divides and the Russia investigation, the president made a strategic choice to deliver a conventional speech in front of Congress and the nation.
Analysis: Trump’s call for bipartisan approach likely to come up short [SF Chron, 1/30/18]: President Trump spoke all the right words at his State of the Union address Tuesday, calling for a second-year reset toward a more bipartisan approach to government. But don’t look for it to happen.
Fact check: What Trump got wrong in his State of the Union address [LA Times, 1/30/18]: President Trump likes to boast about the records he has achieved, but there’s at least one mark the White House tries to downplay – the president has amassed an unprecedented number of inaccurate statements. The Times’ staff analyzed the State of the Union on Tuesday to try to separate truths from falsehoods.
Democrats furious over Trump’s immigration rhetoric [Politico, 1/30/18]: The opposition party says the president has only made a Dreamers deal harder to reach.
The Mandatory Guid elines Predicament [“Take Care” blog, 1/28/18]: It’s Johnson resentencing time on Take Care again! Both the courts of appeal and the Supreme Court are currently deciding whether provisions that are worded differently than the Armed Career Criminal Act’s (ACCA) residual clause, such as section 924© or section 16(b), might be unconstitutionally void for vagueness. But one of the more pressing questions in the wake of Johnson concerns a group of prisoners who were sentenced under a provision of the Sentencing Guidelines that contains the exact same wording as ACCA’s unconstitutionally vague residual clause.
Trump sticking to economic script in his first State of the Union address [SF Chron, 1’27’18]: If President Trump follows the traditional choreography during his first State of the Union address Tuesday night, he’ll proclaim to a joint session of Congress that the state of the union is strong. The state of the presidency, however, “is at a crossroads,” said Barbara Perry, a director of the Miller Center of public policy at the University of Virginia and a longtime presidential scholar.
III. The Political System: Voting and Campaigns [See TOPICS 16-20 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
Crossing State Lines [Slate, 1/30/18]: The Supreme Court’s conservatives may be preparing an attack on states’ ability to combat partisan gerrymandering.
Redistricting Cases Won’t Dictate Outcome of Midterm [Bloomberg, 2/1/18]:
Groups wanting to flip control of the U.S. House of Representatives—or keep it in Republican hands—largely won’t benefit immediately from redistricting court decisions ahead of the 2018 midterm elections, election law scholars told Bloomberg Law.
The Districts that Will Determine the Next House Majority [Sabato’s Crystal Ball, 2/1/18]: Charting out the Democrats’ path to 218 seats, district by district/
Republicans see hope for midterms, despite Trump’s unpopularity [Politico, 1/31/18]: House Speaker Paul Ryan (R-Wis.) told Senate and House Republicans here that the midterm elections were beginning to tilt the GOP’s way after bottoming out in December, and that the House is not lost, according to a half-dozen attendees during a rare joint House and Senate GOP session at the party’s bicameral retreat.
Elections Watchdog Warns of Midterm Meddling [CNS, 2/1/18]:Reporting that U.S. elections are still vulnerable to foreign interference, the Campaign Legal Center called Wednesday on Congress, federal agencies and social-media companies to take action to prevent meddling in this year’s midterm races.
Trump’s immigration plan puts Democrats in a vise [SF Chron, 1/27/18]: The Trump administration’s newly released plan to resolve the fate of young immigrants who arrived in the country illegally as children would constitute the biggest change to immigration policy in decades, putting Democrats and their allies in a painful vise.
Interest groups spent record $339 million on lobbying California state government in 2017 pLA Times, 2/1/18]:The spending activity to influence elected officials and bureaucrats far exceeds the previous record of $314.7 million in 2015, new lobbying reports show.
Legislation and the Legislative Process (TOPIC 20)
Nunes challenger seizes on FBI memo uproar [Politico, 2/3/18]: It’s been a rough week for House Intelligence Committee Chairman Devin Nunes, the California Republican at the center of a Washington firestorm after crafting a memo alleging bias and misconduct at the FBI and Department of Justice. But for Andrew Janz, the congressman’s Democratic opponent, things have never been better.
California Senate approves staff whistleblower protections [AP, 2/1/18]: The California Senate has unanimously approved whistleblower protections for legislative staff after four years of stonewalling the measure. The Senate’s passage comes as the Legislature grapples with an ongoing sexual misconduct scandal that’s prompted two members to resign and another to take a leave of absence.
If Republicans Really Wanted a Middle;e Class Tax Cut, They Could Have Passed a Much Better (and Cheaper) One [Justia, 2/2/18: Professor Buchanan argues that Republicans could have achieved a middle-class tax cut a fraction of the cost of the Republicans’ tax bill. Buchanan points out that while the middle class may see a few thousand dollars in the short-term, Republican donors and wealthy corporations will benefit from significantly reduced taxes year after year, indefinitely, causing yet another surge in economic inequality.
Schiff accuses Nunes of making secret changes to classified memo before White House review [LA Times, 1/31/18]: Rep. Devin Nunes “secretly altered” a classified and controversial memo about secret surveillance during the 2016 presidential campaign before he sent it to the White House for review, Rep. Adam Schiff said on Wednesday night
Court overturns order on FBI surveillance of Northern California Muslims [SF Chron, 2/1/18]:
A federal appeals court on Thursday overturned a ruling by a judge in San Francisco that would require the FBI to release documents describing its efforts to keep watch on Muslims in Northern California and recruit informants from the Muslim community.
Case Appealed to U.S. Supreme Court Omnstitute If All 50 States Must Comply with U.S. Constitution’s Excessive Fines Clause [Insight for Justice blog, 2/1/18]: Indiana Supreme Court Ruled It May Impose Excessive Fines in Forfeiture Cases Until the U.S. Supreme Court Says It Can’t,”:
Neil Gorsuch and Samuel Alito Butt Heads Over the Fourth Amendment, Again [“Hit and Run” blog, 2/1/18]: Gorsuch advances another property rights theory of the Fourth Amendment that Alito rejects
despite one of the nominee’s home-state senators not returning a blue slip. Senators voted 56-42 on David Stras’s nomination to serve on the U.S. Court of Appeals for the 8th Circuit, making him the first Trump nominee to be confirmed despite a missing blue slip,
Meet The Folksiest Man In The U.S. Senate [Huff Post, 1/27/18]: Sweet biscuits of mercy—it’s Sen. John Neely Kennedy.
IV. Criminal Law and Procedure (4th, 5th, 6th, and 8th amendments) [See TOPICS 21-28 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
What Miranda Can Teach Us About Sexual Consent [Justia, 1/31/18]: Pr4ofessor Colb compares the requirement that police officers advise suspects in custody of their Miranda rights with the proposal that we as a society adopt a “Yes means yes” requirement for sexual consent. Colb describes how many of the fears about Miranda never actually came to fruition and points out how both the strengths and weaknesses of Miranda can help us to figure out how best to design the rules defining sexual assault.
Law enforcement objects to Trump administration order to target immigrants [SF Chron, 1/30/18]: The Trump administration’s latest attempt to pressure local and state governments to aid in immigration enforcement is under attack from police officials and prosecutors, including district attorneys in San Francisco and Contra Costa County, who say the Justice Department’s demands are potentially dangerous.
Iowa Supreme Court rules explicit text picture is not indecent exposure [Radio Iowa .AP, 2/2/18]: The Iowa Supreme Court has thrown out a Buchanan County man’s indecent exposure conviction that was based on a photo sent via text message.
https://www.radioiowa.com/2018/02/02/iowa-supreme-court-rules-explicit-text-picture-is-not-indecent-exp https://apnews.com/9e53a0bc0fbc48039796303b3c5cefc4/Iowa-court:-offensive-text-photos-aren't-indecent-exposure osure/
V. 1st Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
The Untold Story of the Pentagon Papers Co-Conspirators: Speaking publicly for the first time, a historian reveals the crucial role that he and a small band of others played in helping Daniel Ellsberg leak the documents to journalists.
Is Legislator-Led Prayer Constitutional? [Newseum, 2/1/18]: The Establishment Clause says that the government can’t establish a religion or favor one set of believes over another. When local government officials open their meetings with prayers, are they?
Eagle Point Educ. Assn. v. Jackson County School Dist. No. 9 [9th cir., 12618]: :The Court iverturned district policies that prohibited, among other things, picketing on school district property, and prohibited strikers from coming onto school grounds, even for reasons unrelated to an anticipated teachers’ strike. Reada the decision at:
Supreme Court hears challenge of ‘no-nipples’ law’ [New Hampshire Union, 2/2/18]: Arguments before the state Supreme Court typically don’t include discussions of nipples, buttocks and “pasties,” but that was the nature of the case before the high court Thursday morning.
DOJ files statement of interest in First Amendment lawsuit at UC Berkeley
[Jurist, 1/27/18]: he Department of Justice (DOJ) filed a statement of interest Thursday on behalf of two conservative student groups at the University of California, Berkeley who are suing the school for violation of their First Amendment rights to free speech, due process and equal protection. The complaint was filed by the Berkeley College Republicans (BCR)
Circuit Blasts School District for Free Speech Violations [CNS, 1/28/18]: A rural Oregon school district violated the Constitution when it banned striking teachers from school grounds along with students who publicly supported the strike, the Ninth Circuit ruled Friday.
VI. 14th Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
What Does It Mean to Die? [The New Yorker, 1/28/18]: When Jahi McMath was declared brain-dead by the hospital, her family disagreed; Her case challenges the very nature of existence.
The Untold Story of the Pentagon Papers Co-Conspirators [The New Yorker, 1/309/18]: Speaking publicly for the first time, a historian reveals the crucial role that he and a small band of others played in helping Daniel Ellsberg leak the documents to journalists
The #MeToo Elephant in the Room During the 2018 State of the Union [Justia, 2/1/18]: Professor Hamilton critiques President Donald Trump for failing to mention the #MeToo movement during his State of the Union address. Hamilton posits that like Dr. Larry Nassar, who was accused of sexually abusing 265 young gymnasts, Trump believes he can indefinitely deflect questions about sexual assault, but she argues that he can do so only because the Republicans and evangelicals are propping him up.
International Law, Citizenship and Immigration [TOPIC 40-42]
Trump revokes order to close Guantánamo prison, declares it open for new captives [Miami Herald, 1/31/18]: President Donald Trump on Tuesday revoked his predecessor’s order to close the detention center here and declared the prison of 41 captives open to new detainees. At the same time, his Executive Order on the topic didn’t rule out the possibility of detainee releases.
Children Facing Deportation Have No Right to Appointed Lawyers [Trial insider, 1/31/18]: Immigrant children who enter the U.S. illegally with their parents have no right to a government-appointed lawyer in court, a federal appeals court held Monday. Neither due process nor the Immigration and Nationality Act creates a categorical right to court-appointed counsel at government expense for minors, the 9th U.S. Circuit Court of Appeals held in the case of a Honduran boy.
To: Teachers of Constitutional Law in high school
From: Rich Kitchens, Director, Constitutional Law Education Project (CLEP) (http://conlawed.com) (Email us at: conlawed@gmail.com)
Sub: Newsletter #711 (January 27, 2018)
I. Introduction Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
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.
Justice Ginsburg, nearing 85, signals she won’t retire soon [AP. 12718]: In different circumstances, Justice Ruth Bader Ginsburg might be on a valedictory tour in her final months on the Supreme Court. But in the era of Donald Trump, the 84-year-old Ginsburg is packing her schedule and sending signals she intends to keep her seat on the bench for years. The eldest Supreme Court justice has produced two of the court’s four signed opinions so far this term. Outside court, she’s the subject of a new documentary that includes video of her working out. And she’s hired law clerks to take her through June 2020, just four months before the next presidential election.
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.
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.
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.
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.
II. Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
The details behind 10 big sexual harassment payouts by the state of California [Sac Bee, 1/25/18]: California settled sexual harassment claims against state agencies, prisons and public universities totaling more than $25 million over a three-year period ending in 2017. This list shows the 10 biggest settlements, each with a key document that has a significant passage highlighted (the entire document is also available). Warning: Some documents contain explicit language.
The American Presidency [TOPIC 15]
Trump’s Lawyers, Seeking Leverage in Russia Probe, Comb ‘90s Court Ruling [WSJ, 1/26/18]: White House legal team may look to delay, limit or avoid a possible interview of the president by Mueller
Trump’s swap: Citizenship for 1.8 million Dreamers, legal immigration gutted –[McClatchy DC, 1/25/18]:The plan, first discussed a day before by President Trump in speaking with reporters, would protect not only those who had received protections under an Obama-era deferred action program, known as DACA, but hundreds of thousands more who never got to apply or failed to renew their status when it expired. But — perhaps most significantly — the plan would also overhaul a key principle of American immigration policy aimed at keeping families together.
Trump wins over global elites at Davos. All it took was a $1.5 trillion tax cut pWash Post, 1/25/18]: Donald Trump may have finally gained entry into the exclusive global club of the corporate elites he has long scorned — and which has scorned him. All it took was a $1.5 trillion tax cut and a much more hands-off approach toward regulating companies for business leaders to embrace him.
Democrats will fill balcony with ‘Dreamers’ for State of the Union –[Politico, 1/24/18]:House Minority Leader Nancy Pelosi and other Democrats will fill the balcony with so-called Dreamers and other immigrants during President Donald Trump’s State of the Union address next week as the party panned a White House attempt on Thursday to reach a deal on immigration reform.
Resisting the Myth of the Judicial Resistanc ]Slate, 1/25/18]: There is no evidence judges have abandoned their oaths of integrity and impartiality to rule against Trump.
Trump’s 1st State of the Union: Is he really reshaping the federal judiciary
[Brookings, 1/25/18]:
Trump Ordered Mueller Fired, but Backed Off When White House Counsel Threatened to Quit [NY Times, 1/24/18]: In April, President Trump boasted about the confirmation of Justice Neil Gorsuch that he “got it done in 100 days.” He’s likely, in the State of the Union address, to point to the confirmation of district and appellate judges, reflecting a common refrain that, whatever his accomplishments overall, he is “reshaping the federal judiciary.” Actually, so far he hasn’t reshaped it much at all. The potential to do so is there, but hardly a sure thing.
https://www.nytimes.com /2018/01/25/us/politics/trump-mueller-special-counsel-russia.html
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.
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.
III. The Political System: Voting and Campaigns [See TOPICS 16-20 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
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.
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.
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.
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.
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.
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.
Legislation and the Legislative Process (TOPIC 20)
Fraught debate among Dreamers: Give Trump his wall? –pSF Chron, 1/26/18]:When Gerardo Gomez of San Francisco opens Facebook these days, he is often confronted by posts raising the same question — one that is largely theoretical but has generated unusually fierce debate in the community of immigrants known as “Dreamers” to which he belongs.
Both sides blast Trump plan to cut legal family-tied immigration [KPCC, 1/26/18]: The Trump administration’s proposal for a deal to resolve the status of so-called Dreamers has another aspect to it that would change the way families are reunited under the legal immigration system.
Trump’s own actions put him at risk for obstruction[LA Times, 1/26/18]: if not legally then politically—At least half a dozen times, President Trump by his actions has invited scrutiny for possible obstruction of justice in the Russia probe, and now comes a report that last year he ordered the firing of the very man investigating him.
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.
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.’
IV. Criminal Law and Procedure (4th, 5th, 6th, and 8th amendments) [See TOPICS 21-28 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
Supreme Court halts Alabama execution [Jurist, 1/26/18]: The US Supreme Court on Thursday halted the planned execution of Alabama death row inmate Vernon Madison. Vernon Madison was convicted [cert. petition, PDF] in Alabama of murdering a police officer in 1985. He was scheduled to be executed on January 25. Madison’s attorneys petitioned the Supreme Court for a writ of certiorari, claiming that Madison …
PolitifactCA: Has the rate of California’s prison spending nearly tripled since 1970? pPolitiFactCA, 1/25/18]: \Democratic Gov. Jerry Brown reeled off statistics on California’s prison spending during his final State of the State Address after a total of 16 years as governor.
The Supreme Court Stopped Alabama From Executing A Man Over Competency Questions nig [Buzzfeed, 1/25/18]: The justices granted a stay of execution to Vernon on Tuesday night.
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.
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. 1st Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5th 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.
Demand Truth, Not Junk News: Lessons of “Pizzagate,” “Idiotgate” [Newseum, 1/25/18]: Recent threats to journalists, like the one against CNN from a 19-year-old in Michigan, may have been empty, but we shouldn’t take them any less seriously.
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.
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.
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.
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.
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.
VI. 14th Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5th 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.”
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
Lesbian Former Firefighter’s Sex Bias Verdict Upheld [Bloomberg, 1/25/18]: The city of Providence, R.I., is liable for sexual harassment of a lesbian firefighter who faced misogynistic and homophobic slurs, a federal appeals court ruled.
#Timesup: Fresno women share their stories of sexism and harassment in the workplace [Fresno Bee, 1/26/18]:An aspiring police officer objectified while doing exercises with her male peers. An attorney called a “little girl” by the opposition in court. A news anchor who gets photos of men’s genitals sent to her Facebook page.
========================================================================
To: Teachers of Constitutional Law in high school
From: Rich Kitchens, Director, Constitutional Law Education Project (CLEP) (http://conlawed.com) (Email us at: conlawed@gmail.com)
Sub: Newsletter #710 (January 20, 2018)
View a DAILY version of this newsletter by visiting our blog: http://conlawproject.blogspot.com/ There we post each day’s articles that eventually makes up this weekly newsletter.
For Rich Kitchens’ legal blog regarding California education law, go to: http://teacherlawcalifornia.blogspot.com/.
I. Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
Justices to Hear Cases on Voting Rights and Internet Taxes [NY Times / USA Today, 1/13/18]: The Supreme Court on Friday added 12 cases to the docket, including ones on whether voting districts in Texas were the product of racial discrimination and whether online merchants must collect sales taxes.
II.
Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
California may buck Congress with its own health insurance requirement [CalMatters, 1/17/18]: With Congress ending the requirement that all Americans have health insurance, California leaders are preparing to counter that move by securing health care for as many residents as possible in a fortified state insurance exchange.
California vs. the feds over offshore drilling [Capitol Weekly, 1/17/18]: The rubber is hitting the road, the gloves are coming off and California leaders are suiting up for battle. At least, figuratively.
When it comes to education policy, it’s ‘the California way’ vs. Betsy
DeVos [LA Times, 1/18/18]: The U.S. Department of Education, led by Betsy DeVos, had told the state that its plan to satisfy a major education law had significant flaws. On Thursday, the California State Board of Education voted to send a revised version of that plan, still missing an important component, back to Washington.
The American Presidency [TOPIC 15]
Shutdown threat tanks West Wing morale [Politico, 1/18/18]: The first year of Donald Trump’s presidency is coming to a close with administration officials exhausted and uncertain after two extraordinary weeks of chaos, even by the standards of this White House.
Supreme Court to Consider Challenge to Trump’s Latest Travel Ban [NY Times / USA Today. 1/19/18]: The Supreme Court agreed Friday to decide the legality of President Trump’s ban otravelers from six mostly-Muslim nations, setting up what may be the final hurdle in a year-long battle over immigration, homeland security and religious discrimination.
The Trump Administration Just Asked The Supreme Court To Uphold The Decision To End DAC [BuzzFeed, 1/18/18]: The Justice Department wants the high court to hear the case soon and settle the matter by the end of June.
Americans think Trump doesn’t work as hard as most presidents [Wash Post, 1/17/18]: Less than 48 hours after President Trump returned from his three-day weekend at Mar-a-Lago, some bad news arrived for the chief executive in the form of a new poll from Quinnipiac University. Fifty percent of Americans, it turns out, think Trump works less hard than past presidents.
III. The Political System: Voting and Campaigns [See TOPICS 16-20 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
The Helpful Role Lawyers Can Play in Rebuilding American Democracy [Justia, 1/12/18]: Professor Amar offers some wisdom he shared during his keynote remarks at the swearing-in ceremony of new lawyers in Springfield, Illinois, describing how lawyers can help build American democracy. Amar comments on the specific duties and responsibilities lawyers swear to uphold, and explains why these duties are critical to the very foundations of our country.
Open Season in the House [Sabatos Crystal Ball, 1/18/18]: GOP Retirements Help Dems, But Beating GOP Incumbents More Important
The Democrat Trumpworld fears most [Politico, 1/15/18]: In recent weeks, the president has been handicapping the prospective 2020 field and finding potential challengers wanting.
Year one no picnic for California with Trump [Santa Cruz Sentinnel, 1/18/18\: From stepped-up immigration enforcement to plans for opening up offshore drilling to threats of a marijuana crackdown, the Trump administration’s policies seem to millions of Californians like a direct attack on a state that voted overwhelmingly against him.
Democrats sweat nightmare scenario in California [Politico, 1/19/18]:Democrats who cheered the retirement announcements of Reps. Darrell Issa and Ed Royce last week are sobering up to a new fear: A potential nightmare scenario in which no Democratic candidate ends up on the November ballot in either seat, dealing a blow to the party’s efforts to retake the House.
Trump’s Base [Justia, 1/19/18]: In this first of a two-part series of columns, John W. Dean, former counsel to President Richard Nixon, considers who it is that comprises Donald Trump’s “base.” Dean describes the ways in which polls have correctly and incorrectly described Trump’s supporters and comments on the steady few who seem to support him no matter what.
Here’s what shuts down in a government shutdown –[NPR, 1/20/18]:Congressional authorization for federal spending for many nonessential services expired at midnight EST Friday. Here is how a partial shutdown affects government services:
https://www.scpr.org/news/2018/01/19/79981/open-or-closed-here-s-what-happens-in-a-partial-go/
Legislation and the Legislative Process (TOPIC 20)
After Trump-Schumer meeting, still no path to avert shutdown ahead of deadline [CNN, 1/19/18]: Senate Minority Leader Chuck Schumer and President Donald Trump met at the White House Friday afternoon, just hours ahead of the deadline for a government shutdown, but congressional leaders still faced a daunting math problem to keep the government open.
Republicans lack votes to prevent a shutdown [Politico, 1/17/18]: House Republicans are short of the votes they need to avoid a government shutdown, but Speaker Paul Ryan and GOP leaders remain confident they will pass a stopgap funding measure when it comes to the floor on Thursday.
IV. Criminal Law and Procedure (4th, 5th, 6th, and 8th amendments) [See TOPICS 21-28 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
Sex for sale is not a constitutional right, court rules [SF Chron, 1/17/18]: A federal appeal court ruled Wednesday, Jan. 17, 2018, in a California case that the U.S. Supreme Court’s 2003 decision declaring a constitutional right to “intimate conduct” such as gay sex didn’t apply to sex for sale.
Supreme Court Skeptical of Lawyer’s Conduct in Death Penalty Case [USA Today, 1/16/18]: The Supreme Court struggled Wednesday with a murder Supreme Court Skeptical of Lawyer’s Conduct in Death Penalty Case
death sentence.
Does the Automobile Exception to the Warrant Requirement Extend to Private Driveways? [Justia, 1/17/18]: Professor Colb considers a question raised, but most likely not to be decided, in a criminal procedure case currently before the US Supreme Court. That case, Collins v. Virginia addresses the automobile exception to the Fourth Amendment warrant requirement, and Colb explores some reasons for eliminating the automobile exception altogether.
V. 1st Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
Amish family ordered by state appellate court to use electric sewer pump [ABA Law Journ., 1/15/18]: A split three-judge panel representing a Pennsylvania appellate court has ordered an Old Order Amish family, whose religious beliefs frown upon the use of electricity, to connect to a municipal sewer through an electric grinder pump.
As Trump announces ‘Fake News Awards,’ GOP senators assail his attacks on the press as antidemocratic [LA Times, 1/18/18]: On a day President Trump promised to deliver “Fake News Awards,” two Republican senators as well as several Democrats warned on Wednesday that his unceasing attacks on a free press are undermining a fundamental tenet of democracy and emboldening despots abroad.
Supreme Court free speech case could destroy a generation’s rights to life and speech [Wash Examiner,1/1/18]: Which one of the following is true?
Attorney general sides with archdiocese in battle over Christmas bus ads [Wash Post, 1/15/18]: The Justice Department on Tuesday sided with the Archdiocese of Washington in its legal battle to display Christmas ads on Metro buses.
VI. 14th Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5th edition of Constitutional Law] Some recent articles that are relevant to this unit:
Breaking the Bonds of Bias [Wash Post, 1/14/18]: The #MeToo movement is sparking a wave of start-ups that is devoted to improving workplace environments
The Trump Presidency and the #MeToo Movement [Justia, 1/18/18]: Professor Hamilton likens the relationship between the #MeToo movement and Donald Trump’s presidency as a David versus Goliath moment. Hamilton describes the contrast in apparent values between the two but finds comfort in the #MeToo movement’s demonstration that there is still identifiable right and wrong that we as a society can see and discuss.
International Law, Citizenship and Immigration [TOPIC 40-42]
[National Review,, 1/15/18]: NIFLA v. Becerrahas huge implications for free speech, religious freedom, and the pro-life cause.
religious-freedom-free-speech
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