Tuesday, February 14, 2017

Posts for February 14, 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.

Trump’s gift to teachers: students eager to discuss government [SJ Merc, 2/12/17]: Donald Trump and his new administration have handed Bay Area teachers from all sides of the political spectrum an unexpected gift: a bounty of topics and a crop of students suddenly clamoring to talk about government and politics.

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:

Neil Gorsuch Has Gay Friends. Who Cares? [Slate, 2/13/17]: On Saturday, the New York Times published a very strange story by Sheryl Gay Stolberg titled “Gorsuch Not Easy to Pigeonhole on Gay Rights, Friends Say.

Increased Senate Partisanship Threatens Future of US Supreme Court [“Upon Further Review” Installment from The Legal Intelligencer, 2/14/17]: “Supreme Court justices will need to become even more ­politically calculating when deciding whether the right time to retire has arrived. That, to me, is the most unfortunate aspect of where we find ourselves today. Gorsuch is an unquestionably qualified, even ­stellar, candidate for the Supreme Court. Nonetheless, his confirmation ­threatens to be the one that formally ­destroys all that we hold dear about the judicial system of the United States.”

'SEE YOU IN COURT' [“Amicus” podcast at Slate, 2/13/17]: A deep dive into the 9th Circuit's ruling on President Trump's immigration restrictions.

Virginia Judge Behind Latest Travel Ban Stay [Trial Insider, 2/13/18]: U.S. District Judge Leonie Brinkema’s decision Monday to block the Trump Administration travel ban is important, at least in part, because she is a judge who has handled plenty of terrorism-related cases, including prosecution of a 9/11 terrorist.

On anniversary of Scalia's death, will his legacy live on in Neil Gorsuch? [USA Today, 2/13/17]: If he is confirmed by the Senate, Gorsuch, 49, will represent the first generation of Supreme Court justices to have been influenced by Scalia's rulings, writings and teachings while still in law school. He was chosen by President Trump in part because he is in the mold of Scalia, as lawyers who served as law clerks to both judges attest.

Justice Thurgood Marshall's Legacy [C-SPAN, 12/14/16]: Former law clerks to Supreme Court Justice Thurgood Marshall spoke about his legacy.

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:

What Women are Not Getting for Valentine’s Day This Year: Access to Reproductive Health Care Under the Trump Administration [Justia, 2/14/17]: Professor Grossman discusses the grave risks to women’s health under the Trump Administration, both within the United States and worldwide. Grossman explains the unprecedented breadth of President Trump’s executive order reinstating what is known as the “global gag rule” and vastly expanding its scope.

The American Presidency [TOPIC 15]

An Encouraging First Victory Over Trumpery [New Yorker, 2/10/17]: When you get down to it, Trumpism is about three things: economic protectionism, American nativism, and creeping authoritarianism.

Trump Knew for Weeks That Flynn Had Not Told Truth [NY Times, 2/14/17]: President Trump was informed more than two weeks ago that his national security adviser, Michael T. Flynn, had not told the truth about his interactions with Russia’s ambassador, and the president eventually asked for Mr. Flynn’s resignation after concluding he could not be trusted, the White House said on Tuesday.

Is Trump finished? [Eric Posner blog, 2/14/17]: Not yet. But it’s hard to see how Trump can last even one term unless his top advisers take away his phone, lock him in a closet, and let him out only for carefully scripted ceremonies which are taped so that they can be edited before broadcast to the public.

Upheaval is now standard operating procedure inside the White House [Wash Post, 2/13/17]: With President Trump in his fourth full week in office, the upheaval inside the administration that West Wing officials had optimistically dismissed as growing pains is now embedding itself as standard operating procedure. 

Oprah gives tape with Puzder abuse allegations to Senate [Politico, 2/13/17]: Senators in both parties have viewed an episode of "The Oprah Winfrey Show" in which President Donald Trump's Labor Secretary nominee Andrew Puzder's former wife leveled allegations of physical abuse against him, according to sources familiar with the matter.

Mar-a-Lago Member Posts Photo with ‘Nuclear Football’ Aide [Politico, 2/13/17]: Richard DeAgazio, who was at Mar-a-Lago on Saturday night when Trump hosted a dinner for Japanese Prime Minister Shinzo Abe, posted photos on his Facebook with a man identified as “Rick,” who carries the President's Emergency Satchel, which has launch codes for nuclear missiles.

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)

Bill promotes diverse cultural dress at commencement [Cabinet Report, 2/14/17]: In yet another expression of California independence from national norms, high school seniors will be given formal freedom of expression in their dress during graduation ceremonies, under a new bill pending in the Assembly.

Big Oil’s Grip on California [The Nation, 2/13/17]: In America’s greenest state, the industry has spent $122 million in the past six years to shape regulation and legislation. It wins more than you think.

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:

How Trump avoided being asked about his embattled national security adviser [McClatchy DC / FAC, 2/13/17]: Since he was sworn into office, President Donald Trump has selected reporters from conservative or friendly media outlets to ask him questions at his news conferences, a pattern that appears aimed at least in part at avoiding touchy subjects.

Questions about Murdock influence on Wall Street Journal in covering Trump [FAC, 2/14/17]: Early expectations that Rupert Murdock would defang the Wall Street Journal came to naught, but as President Donald Trump took office, suspicions have emerged that Murdock is courting Trump by restricting the Journal to cup cake coverage. 

Iowa State University loses appeal in marijuana T-shirt case [AP / CNS, 2/13/17]: Iowa State University has lost an appeal in a federal free speech lawsuit that affirms student rights regardless of political viewpoint.

The 10th Circuit ruling in Gerlich v. Leath can be found at:

http://media.ca8.uscourts.gov/opndir/17/02/161518P.pdf


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:

Trans Students' Bathroom Rights: Will DeVos & Sessions Follow Candidate Trump's Common Sense? Not Likely by Diane Klein [EdLawProfs Blog, 2/14/17]: The most challenging part of the school day shouldn't be figuring out where to go to the bathroom - or whether one can safely do so anywhere at all.  But thanks to the first act of our new Attorney General, those states that would deprive trans students of safe access to appropriate bathroom facilities will face no objection from a Trump DOE or DOJ.




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