Further Thoughts on Halbig
and Originalism [Gerard Magliocca in Concurring Opinions, 8/26/14]: “Since my post on Halbig and
originalism drew several great comments (including a response by Larry Solum, I thought would add some clarifying
thoughts.”
Obama to James Foley’s
killers: ‘America does not forget’ [Poliitico,
8/26/14]: “Rooting out a cancer like ISIL
won’t be easy and it won’t be quick,” Obama told the American Legion’s annual
convention in Charlotte, North Carolina. “But tyrants and murderers before them
should recognize that kind of hateful vision ultimately is no match for the
strength and hopes of people who stand together for the security and dignity
and freedom that is the birthright of every human being.”
Transparency's Unlikely
Foe [EB Express, 8/27/14]:
Organized labor in California has decided to oppose legislation that would
require political groups to prominently disclose their donors.
Bills asks California
voters to consider restoring bilingual education [Sac Bee, 8/27/14]: Californians would vote in
2016 to repeal the state’s ban on bilingual education under a bill the
Legislature is sending to Gov. Jerry Brown. Over Republican objections, the
Senate passed Senate Bill 1174 Tuesday night, 25-10.
http://www.sacbee.com/2014/08/26/6657101/bills-asks-california-voters-to.html#mi_rss=Capitol%20Alert
Court
overturns convictions in Amish hair attacks [AP, 8/27/14]: An appeals court has overturned, in
a 2-1 decision, hate-crime convictions of 16 Amish found guilty in beard- and
hair-cutting attacks on fellow members of their faith in Ohio.
Read the decision in U.S. v.
Miller at:
Supreme Court may take up D.C. drug
case [Wash Times,
8/27/14]: Civil liberties groups see judicial overreach
How the
Supreme Court Protects Bad Cops [Erwin Chemerinsky Op-Ed in NY
Times, 8/26/14]: In
recent years, the court has made it very difficult, and often impossible, to
hold police officers and the governments that employ them accountable for civil
rights violations. This undermines the ability to deter illegal police behavior
and leaves victims without compensation. When the police kill or injure
innocent people, the victims rarely have recourse.
Video-Recording Police-Citizen Encounters
is Necessary but Not Enough [Justia, 8/27/14]: Professor Dorf weighs the benefits and costs of
equipping police with wearable cameras.
http://verdict.justia.com/2014/08/27/video-recording-police-citizen-encounters-necessary-enough
Exceptional Freedom: How many exceptions are there to the First
Amendment? [Concurring Opinions,
8/27/14]: How
many “well-defined and narrowly limited classes” of exceptions are there
or precisely how many “historic and traditional categories” of speech fall
outside of the First Amendment?
Supreme Court social media
rap-lyrics case brings Eminem into the fold [Ars Technica, 8/25/14]: When does online speech
become a 'true threat' unprotected by the US Constitution?
Read the appellant brief in Elonis
v. U.S. at:
Nice Try, Obama [Slate, 8/26/14]: The president's
latest accommodation to the contraception mandate has one problem: Religious
employers won't go for it.
http://www.slate.com/articles/news_and_politics/jurisprudence/2014/08/obama_s_new_contraception_mandate_accommodation_religious_employers_are.html
Judge Posner Lets It All Hang Out at 7th Circuit
Hearing on Gay Marriage [CNS, 8/26/14]: During oral arguments Tuesday on the constitutionality
of Indiana's and Wisconsin's bans on same-sex marriage, 7th Circuit Judge
Richard Posner demanded that attorneys distinguish their states' laws from a
"savage history" of discrimination "based on hate," akin to
racial segregation, which hurts children.
Home-care
aides don't owe union fees, but court stops short of overruling a key precedent [Mark Walsh in the ABA Journal, 9/1/14]: A case about a group of Illinois home-care aides who
did not want to pay a union's collective-bargaining fees did not attract much
attention when the Supreme Court granted review last October. The Teacher’s
Guide to the 5th edition of Constitutional Law has information
on this case, Harris v. Quinn.
Obamacare and Immigration [EB Express, 8/27/14]: Fears about deportation
have kept many Latinos from signing up for health insurance in California.
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