Monday, September 8, 2014


Illinois to upgrade history, standards; CA’s still pending [Cabinet Report, 9/8/14]: History and social science standards will be updated under a plan announced late last month by State Superintendent Christopher Koch, making Illinois the latest state to use frameworks aligned with the Common Core State Standards. The decision comes as other states – especially California – consider their options for updating history and social science standards that are more than a decade out of date.

Some say N.H. Supreme Court's decision on taxpayer standing a game changer [Concord (N.H.) Monitor, 9/8/14]: The U.S. and state constitutions differ in a way that could prove relevant here. The U.S. Constitution has a provision explicitly prohibiting cases that lack actual disputes or controversies, while New Hampshire’s does not. The justices acknowledged that in their ruling last month, but they said Part II, Article 74 of the state Constitution – the section on who can request an advisory opinion – acts effectively the same way.

How Corrupt Are Our Politics? [NY Rev of Books, 9/25/14]: A review by David Cole of Zephyr Teachout’s Corruption in America: From Benjamin Franklin’s Snuff Box to Citizens United

Harry Reid Rewrites the First Amendment [WSJ, 9/7/14\: When politicians seek to restrict speech, they are invariably trying to protect their own incumbency.

The 10 ‘Poorest’ and Richest) Members of Congress for 2014 [Roll Call, 9/7/14]: Roll Call’s annual list of the 10 “poorest” members of Congress contains one majority whip, one party chairman, one formerly impeached judge and one senator.

Congress' post-summer agenda includes ISIS, avoiding government shutdown [KPCC, 9/7/14]:  Congress returns to the Capitol Monday night after more than a month away from Washington. There's likely to be votes on a temporary funding measure to keep the government running until after the election and whether to shut down the import/export bank that guarantees loans for purchasing American goods by foreign buyers.

This evening: vote on proposed amendment to First Amendment [Concurring Opinions, 9/8/14]: Since a vote re a proposed amendment to the First Amendment has been scheduled for 6 p.m. ET this evening, I am reposting an earlier FAN column on this topic.

Gay marriage and the courts: Too far, too fast? [The Economist blog, 9/7/14]: The cascade of rulings invalidating state-level same-sex marriage prohibitions now includes decisions from three federal appellate courts. 

Three State Gay Marriage Ban Appeals to be Heard [Trial Insider, 9/8/14]: Three state gay marriage bans, for Hawaii, Nevada and Idaho, come under federal appeals court scrutiny Monday before three federal appeals judges who have supported gay rights in the past, including the author of the decision to strike down California’s same-sex marriage ban.

Bringing Carolene Products up to date? [Lyle Denniston in the SCOTUS blog, 9/7/14]: Much of the modern history of civil rights law finds its origin in a famous footnote in a 1938 Supreme Court decision dealing with shipping “adulterated” milk across state lines.  But there is another part to that ruling, and a new appeal is asking the Court to bring that part up to date, for use in judging laws that put limits on the way businesses can operate.

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