Posts for January 10, 2017

These are the posts that are accumulated in our weekly newsletter which goes out throughout the school year. The posts are organized by the major units in our Constitutional 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:

The Supreme Court Will Lean Conservative Again [BuzzFeed, 1/9/17]: The Supreme Court is waiting -- but not for much longer; After a year of changes in outlook, the justices now are waiting for Donald Trump to become president and name his nominee for the court.

https://www.buzzfeed.com/chrisgeidner/the-supreme-court-will-lean-conservative-again?utm_term=.yee8GEVlr0#.nmA9Lr2boj

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:

HHS Secretary warns of damage from potential ACA repeal [Jurist, 1/10/17]: Health and Human Services Secretary Sylvia Mathews Burwell warned on Monday that a move to repeal the Affordable Care Act without simultaneously implementing a replacement plan would create a dangerous situation in American healthcare. 

http://www.jurist.org/paperchase/2017/01/hhs-secretary-warns-of-damage-from-potential-aca-repeal.php

The American Presidency [TOPIC 15]

View today's Senate Judiciary Committee confirmation hearing for Attorney General nominee Jeff Sessions: Via C-SPAN:

https://www.c-span.org/video/?420932-1/attorney-general-nominee-jeff-sessions-testifies-confirmation-hearing&live=

Jeff Sessions Has a History of Blocking Black Judges [Mother Jones, 1/9/17]: "The senator has a problem putting African Americans on the federal bench in Alabama."

http://www.motherjones.com/politics/2017/01/jeff-sessions-black-judges-alabama

Trump unfiltered: Tweets reveal his interests, insecurities [AP, 1/9/17]:  Many presidents have privately bristled at the attacks, criticism and mockery the office can bring. They've fumed behind the walls of the Oval Office and complained about slights to their aides and wives. But Trump's use of Twitter is giving Americans and the world something they've never seen before.

http://www.sacbee.com/entertainment/celebrities/article125557479.html

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:

Conservatives plan $10 million high court ad campaign [Politico, 1/9/17]: Conservative groups are planning to spend millions on an unprecedented campaign to pressure Senate Democrats to confirm Donald Trump’s Supreme Court nominee, according to sources familiar with the effort.

http://www.politico.com/story/2017/01/supreme-court-trump-schumer-conservatives-233315

Legislation and the Legislative Process (TOPIC 20)

Breakaway Senate Republicans Push to Delay Obamacare Repeal [Bloomberg, 1/9/17]:  A breakaway group of five moderate Senate Republicans pushed Monday to delay a bill repealing Obamacare until March -- potentially enough pressure to force the party’s leadership to comply. 

https://www.bloomberg.com/politics/articles/2017-01-10/breakaway-senate-republicans-push-to-delay-obamacare-repeal

Freedom Caucus ready to object to rushed Obamacare repeal without replacement plan [McClatchy, 1/9/17]: With no certainty Monday night that Senate Republicans have enough votes to pass a budget resolution that includes a repeal of the Affordable Care Act, the most conservative members of the House met in the basement of a Capitol Hill Tex-Mex restaurant to discuss their own Obamacare strategy.

http://www.sacbee.com/news/politics-government/article125557749.html

GOP pushing 3 bills in Congress to restrain federal regulations [SF Chron, 1/9/17]: Freed from the constraint of a presidential veto, Republicans are moving rapidly on industry-backed legislation that could paralyze the government’s ability to protect the environment, public health and virtually everything else federal agencies regulate.

http://www.sfchronicle.com/nation/article/GOP-pushing-3-bills-in-Congress-to-restrain-10846194.php

GOP turns to arcane budget process to repeal Obamacare [AP / The Independent, 1/9/17]: Yes, Donald Trump is taking charge and Republicans control both the House and Senate, having won an election promising to repeal President Barack Obama's health care law. But in Congress, getting from Point A to point B rarely consists of a straight line, and Democrats in the Senate can easily gum up the works with procedural blockades. Since Republicans hold the Senate with just 52 votes, they are forced to employ an arcane, fast-track budget process to avoid a Democratic filibuster.

http://www.theindependent.com/gop-turns-to-arcane-budget-process-to-repeal-obamacare/article_fb445cf9-1bcf-56c7-bdbf-f6b1fea383c5.html

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

Is it time to hold police officers accountable for constitutional violations? [Volokh Conspiracy, 1/10/17]: Yesterday the Supreme Court issued a summary opinion in the White v. Pauly case. A police officer was sued for killing a man during an armed standoff during which the officers allegedly never identified themselves as police. The Supreme Court, however, concluded that the officer had “qualified immunity.” That is, he was immune from a suit for damages, because his conduct — while possibly unconstitutional — was not obviously unconstitutional.

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/01/10/is-it-time-to-hold-police-officers-accountable-for-constitutional-violations

Is Qualified Immunity Unlawful? [SSRN, 1’9/17]:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2896508

Supreme Court Has Had Enough With Police Suits [Bloomberg, 1/9/17]:

https://www.bloomberg.com/view/articles/2017-01-09/supreme-court-has-had-enough-with-police-suits

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:

How a Blog Post Led to a Supreme Court Argument [NLJ / Rolling Stone, 1/4/17]: In 2011, Ronald Coleman banged out a frustrated entry on his popular trademark blog about an Asian-American rock band, The Slants, that was fighting to have its name accepted as a registered trademark. “Good luck with that, fellows,” Coleman wrote on the blog, titled Likelihood of Confusion. He had written before about the inconsistent policy of the U.S. Patent and Trademark Office when it came to trademark protection for offensive or disparaging names, and he did not hold out much hope that The Slants could win.

http://www.archerlaw.com/news-ronald-coleman-blog-post-led-supreme-court-argument/

http://www.rollingstone.com/music/news/asian-american-group-the-slants-head-to-supreme-court-w460214

US Supreme Court loaded with First Amendment cases [Ars Technica, 1/10/17]: Can you trademark an offensive name or not? Justices to decide.

http://arstechnica.com/tech-policy/2017/01/from-speech-to-recycled-tires-the-supreme-courts-1st-amendment-cases/

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:

International Law, Citizenship and Immigration [TOPIC 40-42]

U.S. Supreme Court hears arguments in local tribal sovereignty case [New London (Conn.) The Day / CNS, 1/9/17]: A Waterford attorney whose tribal sovereignty case the U.S. Supreme Court heard Monday said he was encouraged by the questions the justices posed during oral arguments.

http://www.theday.com/local/20170109/us-supreme-court-hears-arguments-in-local-tribal-sovereignty-case

https://courthousenews.com/justices-weigh-tribal-immunity-for-limo-crash/