Friday, February 10, 2017

Posts for February 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 (5th ed.) student textbook.

Appeals court refuses to reinstate Trump's travel ban [USA Today, 2/9/17]: A federal appeals court Thursday refused to let President Trump reinstitute a temporary ban on travelers from seven majority-Muslim nations, ruling that it violates the due process rights of people affected without a sufficient national security justification.
The 9th Circuit order in State of Washington v. Trump can be found at:
Threats against judges in immigration ban cases leads to increased security [CNN, 2/9/17]:
Court's Clear Message to Trump: We Won't Back Down [Bloomberg, 2/9/17]:

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:

Gorsuch v. Trump / Trump vs. the Judiciary: The Battle Lines take Shape [Eric Posner blog, 2/9/17]: Trump, not for the first time, flummoxed us. He called the senator who reported the comments a liar, even though a White House staffer had confirmed them.

Crying wolf over Neil Gorsuch [Chicago Trib, 2/9/17]:  principal arguments have emerged for opposing the confirmation of Neil Gorsuch to the U.S. Supreme Court. One amounts to “two wrongs make a right.” And the other argues that he is not within the “mainstream” of American legal thought. Both are wrong.

The issue is “Standing”: Trump Lawyers Get Ready: You'll Be in Court a Lot [Bloomberg, 2/9/17]: No matter how the U.S. Court of Appeals for the 9th Circuit rules, the legal challenges to President Donald Trump’s executive order on immigration from seven majority Muslim countries won’t be over. Not even close. That’s because, in addition to the case that currently has the policy on hold, a number of challenges to different aspects of the order by different kinds of plaintiffs are pending in courts across the country.

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:

How Strong is San Francisco’s “Sanctuary City” Lawsuit Against the Trump Administration? [Justia, 2/10/17]: Amar and Schaps consider the strength of San Francisco’s lawsuit against the Trump Administration arising out of its identity as a “sanctuary city.” Amar and Schaps discuss both the ripeness of the claim, a threshold procedural matter, and also the merits of San Francisco’s arguments.

Poll: California rallies around Jerry Brown, eager to battle Trump [Politico / KQED, 2/10/17]: Less than three weeks into Donald Trump’s presidency, Gov. Jerry Brown has never been more popular, and nearly two-thirds of adults in the nation’s most populous state want California to go its own way on climate change and immigration, according to a new poll. 

The American Presidency [TOPIC 15]

Trump vexed by challenges, scale of government [Politico, 2/10/17]: In interviews, nearly two dozen people who’ve spent time with Trump in the three weeks since his inauguration said that his mood has careened between surprise and anger as he’s faced the predictable realities of governing, from congressional delays over his cabinet nominations and legal fights holding up his aggressive initiatives to staff in-fighting and leaks.

Not Even Andrew Jackson Went as Far as Trump in Attacking the Courts [The Atlantic / The New Yorker, 2/9/17]: The former president was critical of Chief Justice John Marshall's rulings; But it was on constitutional, rather than political or personal, grounds.

Exclusive - Trump border 'wall' to cost $21.6 billion, take 3.5 years to build: internal report [Reuters, 2/9/17]: President Donald Trump’s “wall” along the U.S.-Mexico border would be a series of fences and walls that would cost as much as $21.6 billion, and take more than three years to construct, based on a U.S. Department of Homeland Security internal report seen by Reuters on Thursday.

What would happen if Trump administration ignored a court order? Law profs consider the issue [ABA Journal, 2/7/17]: what would happen if President Trump or administration officials refused to comply with a court order. Slate and the Washington Post consider the possibilities.


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:

Legislation and the Legislative Process (TOPIC 20)

Democrats Are Trapped on Gorsuch and the Filibuster [Bloomberg, 2/9/17]: Senate Republicans refused to take up the Garland nomination. Democrats said that the Republicans were taking partisan obstruction to a dangerous new level. It was a reasonable if not entirely convincing argument. But Democrats could not resist going further. In their outrage, they said that the Republicans’ treatment of Garland violated the Constitution.

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:

Scholarship: Tinker in the Digital Age; Restorative Justice's Transformation in Education [EdLawProfs blog, 2/10/17]: When Words Are the Weapons: Using Tinker, Bell, and Premises Liability to Keep Schools Safe in a Digital Age. Read about these interesting scholarship pieces.

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:

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

Los Angeles-area lawyers say immigration arrests have increased [KPCC / LA Daily News, 2/9/17]: Karla Navarrete, an attorney with CHIRLA, the Coalition for Humane Immigrant Rights of Los Angeles, said she and other immigration lawyers received a higher than usual number of calls from families of people arrested by immigration authorities.

Mexican Human Rights Officials Prepare For Possible Trump Policies [KPBS, 2/9/17]: Mexican human rights and immigration leaders met in Tijuana on Thursday to discuss a change of strategy in response to an anticipated U.S. immigration crackdown.



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