Friday, February 24, 2017

Posts for February 24, 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.

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:

Not best of times for US -- Supreme Court Justice Ginsburg [BBC News / Bloomberg, 2/23/17]: Speaking to BBC Newsnight in a rare interview, Justice Ginsburg reiterated the importance of the free press.

History Will Judge: A Look at Garland's Nomination in Polarized Washington [The Politic (Yale), 2/23/17]: The GOP's obstruction of Garland was genuinely unprecedented and a threat to the institutional integrity of the Supreme Court.

Six Questions Senators Should Ask Neil Gorsuch [The New Yorker, 2/22/17]:

Ted Cruz predicts a Supreme Court vacancy by this summer; does he know something we don't? [ABA Journal / Wash Times, 2/23/17]: The Republican senator from Texas made his prediction at the Conservative Political Action Conference.

Considering the Nomination of Neil Gorsuch to the Supreme Court [American Constitution Society, 2/23/17]: Caroline Fredrickson, President, American Constitution Society for Law & Policy, hosts a panel discussion.

When Justices Recuse, and When they Refuse [Empirical SCOTUS blog, 2/23/17]: This post evaluates the nearly 90 times since October Term 2005, that justices of the Supreme Court have recused themselves from cases at the merits stage.  

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:

Md. appeals court upholds 'assault weapon' ban: a new challenge to scope of Second Amendment? [CSM / National Review, 2/23/17]: A federal appeals court in Maryland has upheld a law banning military-style weapons; If the case goes before the Supreme Court, justices will have to confront whether the weapons deserve protection under the Second Amendment.

California moves to pre-empt Trump on environment, endangered species [Politico, 2/23/17]: Needling President Donald Trump and bracing for a rollback of Obama-era environmental protections, Democrats in the nation’s most populous state are launching a preemptive strike.

The American Presidency [TOPIC 15]

What Are We to Make of the First Month of the New Trump Administration in Constitutional Perspective? [Justia. 2/24/17]: Professor Amar provides answers to some common questions about the Trump Administration from a constitutional perspective.

White House adviser asked FBI to dispute Russia reports [AP, 2/23/17]: White House chief of staff Reince Priebus asked a top FBI official to dispute media reports that President Donald Trump's campaign advisers were frequently in touch with Russian intelligence agents during the election, a White House official said late Thursday.

Obama lawyers form 'worst-case scenario' group to tackle Trump [Politico, 2/23/17]: Fearful the new administration will abuse its power, the former president’s lawyers are uniting to fight back.

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:

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

Justice Department reinstates policy allowing private prisons to house federal inmates [ABA Journal, 2/23/17]: Attorney General Jeff Sessions on Thursday withdrew a memo issued last year that had ordered the phase-out of privately operated federal prisons. Sessions issued a new memo that questioned the wisdom of the phase-out and said the Bureau of Prisons should "return to its previous approach."

The Man Arrested for Praising Jesus [The Marshall Project, 2/20/17]: Lester Packingham’s Facebook post is headed for the Supreme Court

Dog The Bounty Hunter And A Top Conservative Lawyer Are Trying To Save The Bail Industry [Huff Post, 2/23/17]: A federal appeals court heard arguments on Thursday in a case that could shape the future of bail in the U.S.

The Case of Duane Buck [The Marshall Project, 2/22/17]: Was he sentenced to death “because he is black”?

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 is challenging the media to redefine its role [CSM, 2/21/17]: Even though public trust in the media is at a low time low, Trump’s attacks and decisions have sparked a boom for the mainstream media who report spikes in subscriptions and donations. 

Docs vs. Glocks Shows the Threat to Free Speech is the Pro-Gun Right  [Slate, 2/22/17]: In recent years, most states have been clever enough to dress up unconstitutional statutes in pretext that might just fool courts into affirming their legality. But apparently the Florida legislature did not get this memo, because in 2011, the state passed a law that did not really pretend to be anything other than what it was: a blatant act of censorship.

OCC rescinds suspension of student who recorded teacher's anti-Trump comments [OC Register, 2/23/17]: Orange Coast College will lift its suspension and other sanctions against a student who secretly video-recorded an instructor making anti-Trump statements.

Harvard tops list of top 10 worst colleges for free speech [FAC, 2/23/17]: FIRE published its list of the 10 worst colleges for free speech in 2017. It based its rankings on speech codes adopted by each college. Heading the list are academic strongholds, Harvard, Williams and Georgetown. Also included on the list are Northern Michigan, Cal State Los Angeles, Fordham, Oregon, Cal State Long Beach, South Carolina and DePaul. 

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:

Arkansas Supreme Court reverses decision on Fayetteville civil rights ordinance [Fayetteville Flyer / Reuters / Jurist, 2/23/17]: The Arkansas Supreme Court today reversed a circuit court decision to uphold Fayetteville's civil rights ordinance.

When hugging creates a sexually hostile work environment [9th Circuit, 2/23/17]: The panel held that hugging can create a hostile or abusive workplace when it is unwelcome and pervasive.
The case is Zetwick v. Yolo and can be found at:

Federal judge blocks California age discrimination law [Jurist, 2/23/17]: The injunction temporarily prevents the enforcement of AB 1687, a California law designed to prevent age discrimination by stopping sites like IMDb from releasing the ages of actors.

Trump's transgender move puts spotlight on Supreme Court case [Reuters, 2/23/17]: The Trump administration’s move on Wednesday to rescind guidance allowing transgender students to use the bathrooms of their choice has raised the stakes for an upcoming U.S. Supreme Court case that could deliver a landmark decision on the issue.

California legislators reassure transgender students of protections, denounce Trump [EdSource, 2/23/17]: A day after the Trump administration rescinded federal protections that allowed transgender children and youth to use the school bathroom of their choice, members of the California Legislative LGBT Caucus on Thursday told those students that they are legally protected and welcome to be themselves in California schools.


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