Posts for February 15, 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 (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:

This is a job for Chief Justice Roberts, judicial statesman [Maryland Appellate Blog, 2/15/16]: We now face efforts to transform the presidential election into a nationwide judicial election. Democratic and Republican Super PACs will weigh pour money into swing states, asking voters to elect a president and Senators who will choose the “right” justice.

http://mdappblog.com/2016/02/15/this-is-a-job-for-chief-justice-roberts-judicial-statesman/

 

Scalia will be impossible to replace [CNN, 2/15/16]: If you don't follow the Supreme Court closely -- if you're a normal person -- your impression of Justice Antonin Scalia is that he's a conservative who was on the court for a really long time. Fair enough, but the legacy of the first Italian-American justice is so much more than that.

http://www.cnn.com/2016/02/15/opinions/scalia-impossible-to-replace-shapiro/index.html

Antonin Scalia: A Consequential but Not a Great Justice [Jost on Justice, 2/14/16]: Despite the effusive praise from the legal right and the respectful tributes from the left, Scalia is unlikely to be judged among the greatest justices of all time. Yes, he leaves important legacies: the “original meaning” method of constitutional interpretation and the “plain text” method of statuary construction. But Scalia never mastered what Justice William J. Brennan Jr. cited as the Supreme Court’s most famous rule: counting to five. 

http://jostonjustice.blogspot.com/2016/02/antonin-scalia-consequential-but-not.html

And see his post, “'Lame Duck' Nominees Often Confirmed to High Court” [2/14/16]:

http://jostonjustice.blogspot.com/2016/02/lame-duck-nominees-often-confirmed-to.html

What Happens to Justice Scalia's Clerks? [WSJ’s Law Blog, 2/14/16]: As the legal and political worlds process the sudden death of U.S. Supreme Court Justice Antonin Scalia, questions remain for a small group of lawyers close to the justice—his current and future law clerks.

http://blogs.wsj.com/law/2016/02/14/what-happens-to-justice-scalias-clerks/

Campaign Spending, Death Penalty in Play With High Court Opening [Bloomberg News, 2/15/16]: And the President faces a war over the court pick.

http://www.bloomberg.com/politics/articles/2016-02-15/campaign-spending-death-penalty-in-play-with-high-court-opening

http://www.bloomberg.com/politics/articles/2016-02-15/obama-faces-war-over-court-pick-whether-pragmatic-or-partisan

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:

The American Presidency [TOPIC 15]

Could Obama Bypass the Senate with a Supreme Court Recess Appointment? [Nat. Rev., 2/14/16]:It ’s a Supreme Court plotline that would be worthy of the upcoming season of House of Cards, the Netflix show that often pits a power-driven president against an obstinate Congress.

http://www.nationalreview.com/article/431313/supreme-court-recess-appointment-will-president-obama-do-it

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:

When Judicial and Presidential Politics Collide [Justia, 2/15/16]: Professor Margulies comments on the likely political and legal consequences of the recent passing of Associate Supreme Court Justice Antonin Scalia. Margulies predicts that, due to the ongoing presidential campaign, anyone President Obama nominates to fill the vacancy might become both a partisan tool in presidential politics and also a symbol for the future of America.

https://verdict.justia.com/2016/02/14/when-judicial-and-presidential-politics-collide

Strategic Memo to Hillary: Call For “Real Progress” [CalBuzz, 2/15/16]: Hillary Clinton is clearly the most qualified person running for president in either party but she has a problem: She has no strategic message, no over-arching statement that illuminates her values, purpose or direction. 

http://www.calbuzz.com/2016/02/strategic-memo-to-hillary-call-for-real-progress/

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

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:

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:

Friedrichs v. CTA: Justice Scalia’s Passing Changes Everything [Cal. PERB blog, 2/15/16]: With a likely 4-4 split now, it is hard to envision any scenario this term where the Supreme Court rules of favor of plaintiffs and overturns Abood.

http://www.caperb.com/2016/02/14/friedrichs-v-cta-justice-scalias-passing-changes-everything/