Posts for June 30, 2015

These are the posts that are accumulated in our newsletter which goes out every 4-6 days during the school year. The posts are organized by the major units in our Con Law (5^th ed.) student textbook.

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

Conservatives Push Back Against Court's Liberal Tilt [Jost on Justice, 6/29/15]:

http://jostonjustice.blogspot.com/2015/06/conservatives-push-back-against-courts.html

Supreme Court's liberal admirers get reality check [Politico, 6/29/15]: Reports of the Supreme Court's leftward turn have been greatly exaggerated.

http://www.politico.com/story/2015/06/supreme-courts-liberal-admirers-get-reality-check-119567.html

The numbers on the extent to which this was a 'liberal' Supreme Court Term [SCOTUS blog, 6/29/15]:

http://www.scotusblog.com/2015/06/the-numbers-on-the-extent-to-which-this-was-a-liberal-supreme-court-term/

Supreme Court ends term with rulings on EPA, voter redistricting and lethal injection [PBS News Hour, 6/29/15]: Video summary of the term.

http://www.pbs.org/newshour/bb/supreme-court-ends-term-rulings-epa-voter-redistricting-lethal-injection/

Supreme Court Concludes Term With Death Penalty Ruling, Looks Ahead [NPR, 6/30/15]: Audio with Nine Totenberg of NPE, summarizing the last few decisions of this term.

http://www.npr.org/2015/06/30/418728874/supreme-court-concludes-term-with-death-penalty-ruling-looks-ahead

John Roberts's Court [New Yorker, 6/29/15]:

http://www.newyorker.com/news/news-desk/the-chief-justice

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

Supreme Court to decide new war between the states [USA Today, 6/30/15]: Call it the new War Between the States.The Supreme Court agreed Tuesday to reconsider its 35-year-old precedent allowing one state to use its court system to sue another state without consent — or even the same immunity the first state grants its own agencies.

http://www.usatoday.com/story/news/nation/2015/06/30/supreme-court-states-california-nevada/29506553/

High Court Strikes Down EPA Limits on Mercury Emissions; Justices say agency failed to properly consider cost of rules  [WSJ / SCOTUS blog, 6/29/15]: The Supreme Court on Monday dealt a setback to the Obama administration’s environmental agenda by rejecting the first-ever rules requiring power plants to cut mercury emissions and other toxic air pollutants. The court, in a 5-4 majority opinion by Justice Antonin Scalia, said the Environmental Protection Agency must reconsider the mercury rules because it didn’t take into account industry costs before deciding to adopt them.

http://www.wsj.com/article_email/high-court-strikes-down-epa-limits-on-mercury-emissions-1435590069-lMyQjAxMTE1NzI2OTAyNzkxWj

http://www.scotusblog.com/2015/06/opinion-analysis-power-plants-stymie-smokestack-controls/

The decision in the consolidation of cases headed by Michigan v. EPA is at:

http://www.supremecourt.gov/opinions/14pdf/14-46_10n2.pdf

The American Presidency [TOPIC 15]

III. The Political System: Voting and Campaigns [See TOPICS 16-20 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

The Arizona Legislature case:

Mindlessly Literal Reading Loses Again [Slate, 6/30/15]: This Supreme Court decision is a dig at Bush v. Gore.

http://www.slate.com/articles/news_and_politics/jurisprudence/2015/06/arizona_supreme_court_decision_redistricting_ruling_undermines_bush_v_gore.html

But it is not over…

Judges Will Hear New Case on Arizona State Redistricting [AP, 6/30/15]: The Supreme Court agreed Tuesday to hear a new case about the drawing of state legislative districts in Arizona by an independent commission, a day after the justices upheld the commission's congressional map-drawing. The court said it will consider in its new term whether the legislative districts are unconstitutional

http://hosted.ap.org/dynamic/stories/U/US_SUPREME_COURT_ARIZONA_REDISTRICTING

Ted Cruz: States should ignore gay-marriage ruling [Politico, 6/29/15]: "Those who are not parties to the suit are not bound by it," the Texas Republican told NPR. Cruz also doubled down on his call for a constitutional amendment making Supreme Court justices subject to “periodic judicial retention election.”

http://www.politico.com/story/2015/06/ted-cruz-gay-marriage-ruling-reaction-npr-interview-119559.html

Legislation and the Legislative Process (TOPIC 20)

California Legislature passes strict school vaccine bill [AP, 6/30/15]:  The Senate reaffirmed the bill striking California's personal belief exemption for immunizations on a 24-14 vote. Mississippi and West Virginia are the only two states with such strict requirements in place. Democratic Gov. Jerry Brown has not said if he would sign it. 

http://customwire.ap.org/dynamic/stories/U/US_XGR_VACCINES_CALIFORNIA_CAOL-

IV. Criminal 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] Here are some recent articles that are relevant to this unit

 

California death penalty: Executions could resume under high court ruling [LA Daily News, 6/29/15]:  California's death penalty is back on the clock. A divided U.S. Supreme Court on Monday reinforced the ability of states to rely on lethal injection to carry out executions, handing down a ruling out of Oklahoma that unlocks California's long dormant effort to revive the death penalty in this state.

http://www.dailynews.com/article/20150629/NEWS/150629356

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

The Case Against Polygamy [Slate, 6/29/15]: Chief Justice John Roberts says the Supreme Court's gay marriage ruling paves the way for plural unions; He's wrong.

http://www.slate.com/articles/news_and_politics/politics/2015/06/is_polygamy_next_after_gay_marriage_chief_justice_roberts_obergefell_dissent.html

The Space for Grace and the Space for Neutrality After Obergefell v. Hodges [Justia, 6/30/15]: Professor Hamilton discusses and contrasts the constitutional requirements—and limitations—on clergy and government officials.

https://verdict.justia.com/2015/06/30/the-space-for-grace-and-the-space-for-neutrality-after-obergefell-v-hodges

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

Will the Supreme Court’s Same-Sex Marriage Ruling Face “Massive Resistance”? [Justia, 6/30/15]: Professor Dorf discusses three possible methods that some states might use to resist implementing the U.S. Supreme Court’s recent same-sex marriage ruling.

https://verdict.justia.com/2015/06/30/will-the-supreme-courts-same-sex-marriage-ruling-face-massive-resistance

Supreme Court to Reconsider Key Precedent on Teachers' Union Fees [School Law Blog / SCOTUS blog / AP / USA Today, 6/30/15]: The U.S. Supreme Court on Tuesday agreed to decide whether to overrule a nearly 40-year-old precedent that authorizes teachers' unions to collect service fees for collective bargaining from those who refuse to join.

http://blogs.edweek.org/edweek/school_law/2015/06/supreme_court_to_reconsider_ke.html?utm_source=feedblitz&utm_medium=FeedBlitzRss&utm_campaign=theschoollawblog

http://www.scotusblog.com/case-files/cases/friedrichs-v-california-teachers-association/

http://hosted.ap.org/dynamic/stories/U/US_SUPREME_COURT_UNION_FEES

http://www.usatoday.com/story/news/politics/2015/06/30/supreme-court-labor-unions/29484013/

We have previously reported on Friedrichs v. CTA and will have much more in the upcoming version of the Constitutional Law (version 5.02) student text and the Teacher’s Guide. Both will be available in late July and/or early August.