Posts for February 28, 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.
Common Core in California likely to continue despite
Trump opposition [EdSource, 2/27/17]: Opposition by President Donald Trump
and Secretary of Education Betsy DeVos to the Common Core is unlikely to slow
implementation of the new standards in English language arts and math in states
like California, where there has been little opposition to the standards.
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:
Evaluating Speculation
that The Ninth Circuit is the Lower Court SCOTUS Overturns the Most [Empirical SCOUTS blog,
2/27/17]: While it is true the Ninth
Circuit’s decisions taken up by the Supreme Court for review are often
reversed, other statistics show that it is not the most
overruled of the federal courts of appeals.
U.S. appeals court will not put Trump travel ban
case on hold [Reuters, 2/27/17]: A
federal appeals court on Monday rejected a U.S. Department of Justice request
to place on hold an appeal over President Donald Trump's travel ban on people
from seven majority-Muslim countries. The order from the 9th U.S. Circuit Court
of Appeals could increase pressure on the Trump administration to clarify its
intentions regarding the controversial executive order.
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:
The
American Presidency [TOPIC 15]
Trump To Lay Out
Plans For 'Renewal Of The American Spirit' In Joint Address [NPR, 2/28/17]:
President Trump's joint address to Congress on Tuesday night is expected to
strike an optimistic tone as he outlines how he plans to begin a "renewal
of the American spirit" with his economic goals and priorities
Here's What To Watch
For When Trump Addresses Congress [NPR, 2/27/17]: Trump's
mood about the country will matter, along with whether he gives Congress
direction on policy priorities like health care and taxes.
Why Trump's Speech To
Congress Is Not A State Of The Union [NPR, 2/28/17]: It will certainly feel like a State of the Union on
Tuesday night: The president will make a major speech to Congress. A bit more
than half the room will applaud resoundingly while a bit less than half sit on their hands in
that familiar and awkward display of partisanship. Members of Congress will
invite guests that telegraph pointed political messages, and the TV commentators will tell us who they are.
Nunes: No evidence so far of Trump-Russia collusion [Politico,
2/27/17]: House Intelligence Chairman Devin Nunes (R-Calif.) said Monday he’s
seen no evidence of improper communications between the Trump campaign and
Russia — a statement that drew a quick rebuke from the intelligence committee’s
top Democrat.
Trump budget faces GOP resistance [Politico,
2/27/17]: The president’s plan to boost defense spending at the expense of
other programs provoked deep skepticism.
Trump immigration ban
fight could be on two fronts [Constitution Daily / Slate / The Atlantic,
2/28/17]: A federal appeals court,
apparently relying more on what White House officials have said than on what
Justice Department lawyers had conveyed, refused on Monday those lawyers’
request for an indefinite delay of that court’s review of President Trump’s January
27 order strictly limiting immigration of people from Mideast nations. If, as
expected, a new presidential order comes out this week, an almost certain
challenge to it could mean a two-front courthouse battle with the federal
government having to defend itself in both.
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:
Democrat: Let's confirm Gorsuch and Garland at same time [Politico, 2/27/17]: Sen. Tom Udall met with Supreme Court
nominee Neil Gorsuch on Monday, but the senator’s mind was still on Merrick
Garland. So the New Mexico Democrat pitched an unusual proposal during his
private meeting with President Donald Trump’s nominee: Have both Gorsuch and
Garland — whose nomination by Barack Obama was blockaded by Senate Republicans
for nearly a year — simultaneously confirmed to the Supreme Court.
Democrats try to force Trump's tax returns on House floor [Politico,
2/27/17]: The House voted along party lines to effectively kill the resolution,
which Republicans ruled was not privileged. But Democrats were quick to promote
the vote results, saying it puts Republicans on the record backing Trump's
decision not to release his tax returns.
Supreme Court upholds
advertising disclosure requirement during elections [Jurist, 2/28/17]: The case revolved around whether Congress may require
organizations engaged in policy issues and unconnected to campaigns, to report
to the Federal
Election Commission (FEC) [official website] and publicly disclose their donors
pursuant to the Bipartisan Campaign Reform Act of 2002.
Legislation and the Legislative
Process (TOPIC 20)
Trump: ‘Nobody knew that health care could be so
complicated’ [Politico, 2/27/17]: President Donald Trump on Monday
claimed that “nobody knew that health care could be so complicated,” and again
flirted with the idea that Republicans should let Obamacare “implode” so that
Democrats shoulder the blame.
GOP conservatives oppose leaked Obamacare plan [Politico,
2/27/17]: House and Senate conservatives are rebelling against a leaked draft
of an Obamacare replacement bill, potentially stopping the proposal in its
tracks before it's even been officially introduced.
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:
Court may strike law
barring sex offenders from social media [AP / Reuters / WSJ / NPR , 2/27/17]: With a nod to the importance of social media in
American life, the Supreme Court signaled Monday it could strike down a North
Carolina law that bars convicted sex offenders from Facebook, Twitter and other
popular sites. The case is Packingham v. North Carolina.
Federal Appeals Court Will
Look At Jackson County's Prayer Practices [AP, 2/27/17]: A full federal appeals court will consider whether a Michigan county's
tradition of Christian-only prayers at public meetings violates the U.S.
Constitution.
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:
Basic Due Process As
a Limit on School-Based Arrests and Citations [EdLawProfs blog, 2/27/17]: Meredith
Simons' student note in the Duke Law Journal makes an excellent point that, on
its face, should have been obvious to scholars and courts for some time: if due
process applies when a school suspends or expels a student, it should also
apply when a school asks an officer to arrest a student or give a student a
citation.
Privacy: Judge blocks California law protecting officials' privacy [AP,
2/28/17]: Gun owners' rights advocates are free to publish the home addresses
and telephone numbers of California state lawmakers who voted for firearms
restrictions, a federal judge decided Monday.
Another Senseless Act
of Destruction: The Trump Administration Undermines Protections for Transgender
Students [Justia, 2/28/17]: Professor Grossman
argues that the decision by the Trump Administration to roll back protections
for transgender students is mean-spirited and serves no legitimate purpose.
Grossman briefly describes the history of the recognition of transgender rights
under federal statutes and explains why protections for transgender students
make far greater legal sense than denying those protections.
A Setback for Transgender
Rights With a Silver Lining [Bloomberg, 2/27/17]: Now that the
Trump administration has reversed the Department of Education policy on
transgender bathroom use, the Supreme Court will probably dismiss the case it’s
hearing on the matter rather than issue a decision. But even if that happens --
and it isn’t 100 percent certain -- the result may be better for
transgender-rights advocates than judgment on the merits would have been.
San Diego to fight for transgender student [SD
Union-Trib, 2/27/17]: San Diego is joining other cities in a legal brief that
argues that transgender students should be able to use facilities consistent
with the gender they identify with.
Gorsuch often sided with employers in
workers' rights cases [AP,
2/27/17]: A review of dozens of employment cases he heard in his decade on the
U.S. 10th Circuit Court of Appeals reveals a focus on texts and a fondness for
scrutinizing definitions of words in legislation and the Constitution.
Conservatives herald his strict approach. Many liberals say it too often
results in workers losing out.
International Law, Citizenship
and Immigration [TOPIC 40-42]
Justices seem sympathetic
to immigrant in deportation case [AP, 2/27/17]: The
Supreme Court seems sympathetic to a Mexican immigrant facing deportation after
he was convicted of having consensual sex with an underage girl. The case
before the justices on Monday involved Juan Esquivel-Quintana, a lawful
permanent resident who had sex with his 16-year-old girlfriend when he was 20
and 21 years old.
The case is Esquivel-Quintana v. Sessions.
No comments:
Post a Comment