Thursday, August 18, 2016

Posts for August 18, 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 Right-Wing Legacy of Justice Lewis Powell, and What It Means for the Supreme Court Today [Truthdig, 8/14/16]: Chances are if you were asked to name the most influential conservative Supreme Court justice of the last 60 years, you’d nominate the late Antonin Scalia. And you’d have any number of compelling reasons to do so. But for all of Scalia’s impact—and notwithstanding the political shivers and convulsions his demise has sparked—I have another contender, or at least a close runner-up, in mind: the late Lewis F. Powell Jr.

The Courts Begin to Call Out Lawmakers [Linda Greenhouse in the NY Times, 8/17/16]: It’s worth stopping to observe a notable development this summer. In the face of spurious explanations for public policies that would foreseeably inflict real damage on identifiable groups of people, judges and justices are abandoning the traditional diffidence of the judicial role and expressing a new willingness to call out legislatures for what they are really doing, not just what they say they are doing.

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:

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:

Clinton Rises to 348 Electoral Votes, Trump Drops to 190 [Sabato’s Crystal Ball, 8/18/16]: Clinton now above 270 Safe or Likely Democratic electoral votes for the first time.

the Political Science Election Forecasts for the 2016 Presidential and Congressional Elections, Part 2 [Sabato’s Crystal Ball, 8/18/16]: This is the latest in a series of forecasts from the Crystal Ball.

The 35th Senate Seat on the Ballot [Sabato’s Crystal Ball, 8/18/16]: Everyone is rightly focused on the 34 Senate seats already on the ballot this fall. But there is actually a 35th, the Class I Senate seat currently held by Democratic vice presidential nominee Tim Kaine.
http://www.centerforpolitics.org/crystalball/articles/the-35th-senate-seat-on-the-ballot-virginia/

Trump brings GOP establishment-basher on board [Politico, 8/17/16]: Bannon's radio show gave platform to politicians ready to make outrageous, even false, claims. 

Trump campaign shakeup stokes fresh Hill Republican worries [Politico, 8/17/16]: 'Rearranging the deck chairs is not an effective strategy,' fretted one top aide.

What a Trumpian Supreme Court Might Look Like [Nat. Rev., 8/17/16]: Would justices appointed by Trump be able to restrain him?

Clinton Blasts Tax-Break Scheming at Ohio Rally [CNS, 8/18/16]: Drawing thousands at an Ohio rally, Hillary Clinton had tough words Wednesday for her Republican opponent's plan to give tax breaks to rich business owners like himself.

Bill to Let Some Felons Vote Clears California Senate [CNS, 8/17/16]: The California Legislature on Tuesday cleared a criminal justice proposal to restore voting rights to low-level felons who served sentences in county jails because of prison overcrowding.

Legislation and the Legislative Process (TOPIC 20)

5 Things To Know About Legalizing Recreational Pot In California [KPCC, 8/17/16]: California was the first state to legalize medical marijuana in 1996. Will it be the fifth to legalize recreational pot this November?

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

DOJ Can’t Fund Medical Pot Prosecutions [Trial Insider, 8/17/16]: The Justice Department can’t use federal money to prosecute people who use medical marijuana in states where that use is legal and suspects have complied with the law, a federal appeals court ruled Tuesday.

Executing the Getaway Driver Is a Bad Idea [Bloomberg View, 8/17/16]: Texas is poised to execute Jeffery Lee Wood next week, even though he was sitting in the car 20 years ago when his friend went into a convenience store and fatally shot the clerk. Under existing precedent, sentencing an accomplice to the death penalty is sometimes constitutional. But it shouldn’t be -- at least when the accomplice doesn’t intend for the crime to occur, as was almost certainly the case for Wood.

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:

In legal battle with homeless advocate, St. Petersburg wins court ruling over trespassing [Tampa Bay Times, 8/16/16]: A federal appeals court ruled Monday that St. Petersburg police did not violate the First Amendment rights of the Rev. Bruce Wright, a homeless advocate who officers arrested for trespassing at Williams Park in 2013. The opening of the unanimous opinion begins: "Wright is wrong."
The opinion in Wright v. City of St. Petersburg, FL. Can be found at:

The Scandalous Religious Liberty Project of this Era: Rights to Discriminate, Harass, and Harm at Will [Justia, 8/18/16]: Professor Hamilton comments on disclosure requirement and the non-discrimination component of California SB-1146. Hamilton argues that religious entities continue to demand the freedom to discriminate and harass, while insisting on calling it “religious liberty.”

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:

Wyoming Supreme Court hears arguments on same-sex marriage [AP, 8/17/16]: Removing a Wyoming judge from the bench because she won't perform same-sex weddings would violate her constitutional rights, her lawyer told the state's top court Wednesday.

Chief Justice Won't Extend Deadline For Lawyers Defending Anti-Trans Bathroom Policy [Huff Post, 8/16/16]: They said they're very busy defending an anti-trans bathroom law in another state.

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