Thursday, January 7, 2016

Posts for January 7, 2016
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 (5th ed.) student textbook.

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

The Most Important Election Ever? [Huff Post, 1/6/16]: The 1968 election allowed Richard Nixon to re-make the membership of the Court.

The Most Chilling Political Appointment That You've Probably Never Heard Of [ThinkProgress, 1/6/16]: Unless you’re unusually familiar with libertarian legal activists (or you are a Republican presidential candidate) you probably have never heard the name “Clint Bolick.” But Mr. Bolick has spent the last quarter century working — at times quite successfully — to make the law more friendly to anti-government conservatives. Thanks to an appointment, announced Wednesday by Arizona Gov. Doug Ducey (R), Bolick will now bring this agenda to his state’s supreme court.

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

Argument preview: A serious constitutional dilemma [SCOTIS blog,1/6/16]: Next week, on January 13, the Supreme Court will explore ways to work itself out of a constitutional dilemma: showing respect for Congress’s lawmaking powers, especially when it seeks to punish acts of terrorism, or respect for the independence of the courts to decide cases without political interference. That is what is essentially at stake in Bank Markazi v. Peterson— a modern test of the meaning of a Civil War precedent on separation of constitutional powers.

Argument preview: A lofty issue for Puerto Rico [SCOTUS blog, 1/6/16]: Next week, on Wednesday, its government leaders will be asking the Justices for something bigger than financial rescue: nothing less than the freedom to govern themselves (a plea, by the way, that many on the island do not support).

The American Presidency [TOPIC 15]

Can Courts Stop Obama's Gun Rules? It's Unlikely [Bloomberg View, 1/6/16]: Gun-rights advocates are already suggesting that they’ll go to court to challenge President Barack Obama’s newly announced executive action on background checks. But what exactly, is the challenge going to be? And will it work?

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

Do we need a constitutional convention on campaign finance? [Op-Ed in LA Times, 1/5/16]: Does the United States need a constitutional amendment to clean up the campaign finance mess created by the U.S. Supreme Court?

A lobbying rule to catch up with the times [CalMatters, 1/6/16]: Lobbyists in Sacramento talk about the “inside game” and the “outside game.”

The Common Wisdom of New Year’s Day [Sabato’s Crystal Ball, 1/7/16]: It is often wrong in predicting the Presidential election.

Five Factors that will Define the Running Mates [Sabato’s Crystal Ball, 1/7/16]: Lessons from history on how the nominees will balance their tickets.

Legislation and the Legislative Process (TOPIC 20)


House Guts Obamacare & Planned Parenthood [CNS, 1/6/16]: The House of Representatives opened the new year Wednesday by achieving long-stated Republican goals of repealing the Affordable Care Act and defunding Planned Parenthood. The 240-181 vote repeals two mandates within President Barack Obama's signature health care law that require individuals to have health insurance and for businesses with more than 50 employees to provide it for their workers.

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


Bill Cosby Ducks Criminal Charges in LA [CNS, 1/6/16]: Los Angeles County prosecutors said Wednesday they would not file criminal charges against Bill Cosby because sexual assault allegations made by two women are barred by the statute of limitations.
See also: The Central Question in the Bill Cosby Criminal Case [The New Yorker, 1/5/16]:

The Death Penalty's Last Stand [Slate, 1/6/16]: Capital punishment is collapsing under the weight of its own corruption and cruelty.

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

The sign that anti-abortion clinics say tramples their religious liberty [MSNBC, 1/6/16]: Three years ago, Scott Scharpen gave a sermon against abortion at his church in Murrieta, California. It didn’t feel like enough, he says, so drawing on private donations, he purchased a 31-foot RV equipped with an ultrasound machine. As a mobile clinic licensed by the state of California, Go Mobile for Life offers free pregnancy tests, sonograms and urges women considering abortion to give birth instead.

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

Alabama chief justice orders halt to same-sex marriage licenses [Reuters, 1/6/15]: The chief justice of the Alabama Supreme Court ordered the state's probate judges on Wednesday not to issue marriage licenses to same-sex couples, despite a ruling by the U.S. Supreme Court last year legalizing gay marriage.

Federal Agency Urges Court To Include Sexual Orientation Under Sex Discrimination Ban [Buzzfeed, 1/6/16]: The Equal Employment Opportunity Commission argues in a federal appeals court filing on Wednesday that “sexual orientation discrimination is sex discrimination, and such sex discrimination violates Title VII.”

As Equal Access and Non-Discrimination for LGBT Students Increases, So To Do Requests for Exemptions from Federal Law [EdLawProfs blog, 1/7/16]: The Human Rights Campaign's new report, Hidden Discrimination: Title IX Religious Exemptions Putting LGBT Students at Risk, reveals a new phenomena in education that is offsetting some of the gains praised here and elsewhere over the past year .

Court of appeal finally to hear case charging underfunding of schools [EdSource, 1/6/16]: This month, a state court of appeal will hear arguments in two long-delayed lawsuits, filed during the economic recession six years ago, charging that the state violated children’s constitutional rights by underfunding education.


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