Posts for February
14, 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:
What happens to this
Term's close cases? [SCOTUS blog, 2/13/16]: The passing of Justice Scalia of course affects the cases now before the
Court. Votes that the Justice cast in cases that have not been publicly
decided are void.
The Scalia Replacement: Just a sample of articles:
The Fight Over Scalia's Replacement Will Make The
Supreme Court Bigger Than Ever
[BuzzFeed / Politico / Reuters, 2/14/16]: Justice Antonin Scalia's death will
elevate the role of the Supreme Court in an unprecedented way; That likely
would both alarm -- and please -- the conservative firebrand
The GOP's Supreme
Court Gamble [Slate, 2/14/16]: By refusing a moderate Scalia replacement
now, Republicans risk getting stuck with a true liberal later.
Additional Thoughts on the Passing of Justice Scalia
[Gerard Magliocca on “Concurring Opinions,” 2/14/16]: The good Professor is
always thoughtful and provocative.
Is a recess appointment to the Court an option? [SCOTUS blog, 2/14/16]: The Senate is currently in recess until
February 22. It began on Friday. Whether or not this opens an
opportunity for a recess appointment depends upon how Senate leaders interpret
an adjournment resolution approved last Friday. That will
determine whether it will meet for brief activity during the recess, which
could close that opportunity.
Mitch McConnell Voted To Confirm A Supreme Court
Justice In Reagan's Final Year [Huff
Post, 2/13/16]: So did every single Republican senator
Ninth Circuit Judge Paul
Watford is the most likely nominee to replace Antonin Scalia [SCOTUS blog, 2/14/16]:
TomGoldstein: “In thinking about how to
respond to the vacancy on the Supreme Court, the Administration has two
priorities. First, fill the Scalia seat by getting a nominee
confirmed. The stakes could not be higher: the appointment could
flip the Supreme Court’s ideological balance for decades. Second, gain as
much political benefit as possible and exact as heavy a political toll as
possible on Republicans, particularly in the presidential election.
Precisely because of the seat’s importance, this is the rare time that a
material number of voters may seriously think about the Court in deciding
whether to vote at all and who to vote for.”
How Scalia Changed the
Supreme Court [Jeffrey Toobin in The New Yorker / Garrett Epps in The Atlantic / Slate,
2/13/16]: The loss of Justice Antonin Scalia is
immensely significant on two levels. First, Scalia himself ranks among the most influential
Justices in American history, alongside such figures as John Marshall,
Oliver Wendell Holmes, Jr., and William Brennan. Second, Scalia was the
linchpin of the Supreme Court’s five-justice conservative majority. His
departure gives President Obama—or a Democratic successor—the opportunity to
reshape the ideological balance among the Justices.
Justice Sotomayor Says 'There Is a Place, I Think, for
Jury Nullification' [Reason,
2/11/16]: The former 2nd Circuit judge suggests that court was wrong to
categorically reject a jury's right to acquit a guilty defendant
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:
The American Presidency [TOPIC 15]
Obama's Supreme Court short list [Politico / Slate, 2/14/16]: The president has a
chance to make a big statement with his pick to replace Scalia.
http://www.slate.com/articles/news_and_politics/jurisprudence/2016/02/obama_s_supreme_court_shortlist_is_full_of_great_candidates.html
Battle Begins Over Naming
Next Justice
[NY Times analysis . McClatchy DC, 2/13/16]: The death of Justice Antonin Scalia on
Saturday set off an immediate partisan battle over a vacancy that could
reshape the Supreme Court for years to come, as President Obama
vowed to nominate a successor and Senate Republicans called on him to let the
next president fill the seat.
Nominations to Supreme
Court in Election Year with Divided and Unified Governments [Josh Blackman, 2/13/16]: Based on my cursory research, since the Civil War,
there have been eleven nominations to the Supreme Court in a presidential
election year.
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:
Constitutional history shows Cruz ineligible for White House [Newsday, 2/13/16]: Would swearing in Ted Cruz as president of
the United States be a violation of the constitutional mandate that the
president be a “natural born citizen?” Yes.
Trump bludgeoned in nastiest GOP debate yet [Politico,
2/13/16]: An all-out brawl broke out on Saturday night’s debate stage — with
Donald Trump at the center of the melee — as the GOP candidates viciously tried
to wound each other ahead of next weekend’s South Carolina primary.
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
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:
First Amendment News:
Scalia’s Free-Speech Legacy [Concurring Opinions, 2/14/16]: During the Term of the Roberts Court, Justice
Scalia wrote five majority opinions in First Amendment free-expression
cases. Those opinions and the vote in them are set out below in this piece.
http://concurringopinions.com/archives/2016/02/fan-97-1-first-amendment-news-justice-scalia-dies-free-speech-legacy.html
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:
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