Tuesday, February 7, 2017

Posts for February 7, 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.

Showdown on Travel Ban in 9th Circuit [SF Chron, 2/6/17]: As the Trump administration faced off against a group of states and their allies — including high-ranking former national security officials and much of the tech industry — a federal appeals court in San Francisco called a hearing Tuesday on whether to reinstate the president’s ban on travel to the United States from seven Muslim-majority countries. With the Supreme Court ideologically divided at 4-4 since the death of Justice Antonin Scalia nearly a year ago, the decision by the Ninth U.S. Circuit Court of Appeals is likely to determine whether President Trump’s Jan. 27 executive order will remain suspended for now.

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:

How Trump Chose His Supreme Court Nominee [NY Times / Slate, 2/6/17]: Judge Neil M. Gorsuch’s road to a Supreme Court nomination included stops at a fancy law firm conference room, the dreary basement of a government office building, President Trump’s gilded penthouse in Trump Tower, the White House’s Lincoln Bedroom and a ride on a military jet.

At Stanford, Justice Ginsburg wishes for more civil discourse [SF Chron, 2/6/17]: Drawing parallels from her 83 years of life to the partisanship gripping the United States government, Supreme Court Justice Ruth Bader Ginsburg on Monday night called for a return to civil discourse at a Stanford University talk on how to live a “meaningful life.”

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:

California Democrats counter Trump's threat to defund [AP / SJ Merc, 2/6/17]: The war of words escalated Monday between Democratic leaders in the nation's biggest state and Donald Trump after the Republican president said California is "out of control" and suggested withholding federal funding.

The American Presidency [TOPIC 15]

A new obstacle to Trump's immigration limits? [Constitution Daily, 2/6/17]: Lyle Denniston explains why a technical dispute over language could delay a federal appeals court ruling on President Donald Trump’s immigration executive order until February 17 at the earliest.

Trump Barred From U.K. Parliament Over ‘Racism and Sexism’ [Bloomberg / SF Chron, 2/6/17]: U.S. President Donald Trump must not be allowed to address the U.K. Parliament during a state visit to Britain, House of Commons Speaker John Bercow said.

White House rattled by McCarthy's spoof of Spicer [Politico, 2/6/17]: More than being lampooned as a press secretary who makes up facts, it was Spicer’s portrayal by a woman that was most problematic in the president’s eyes, according to sources close to him.

Will Trump’s ‘Art of the Deal’ bravado translate to politics? [SF Chron, 2/6/17]: So far, President Trump has acted much like he did in business, starting his initiatives with forceful opening shots. That’s a classic negotiating tactic, and his latest use of it appears to have come in his threat to cut federal funding to California should it declare itself a sanctuary state.

DOJ Says Travel Ban Within President’s Power [Trial Insider / CNS, 2/6/17]: President Trump’s executive order banning refugees and other aliens entry to the U.S. for at least 90 days “is a lawful exercise of the President’s authority over aliens,” Justice Department lawyers told the 9th U.S. Circuit Court of Appeals in

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

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:

Texas School Board Refuses to Evolve [CNS, 2/7/17]: Against the recommendations of scientists, teachers and school district officials, the Texas State Board of Education preliminarily approved biology curriculum that challenges the theory of evolution.

Republican state lawmakers propose laws to curb protests [FAC, 2/2/17]: Republican-controlled state legislatures are reacting to events  such as  the Women’s March against Trump and Black Lives Matter protests by proposing bills that levy penalties on protesters especially those blocking roadways.

CNN endures freeze from Trump administration [FAC, 2/2/17]: The Trump administration is freezing out CNN by denying them access to government spokespersons. The alleged intent is to reduce CNN's ratings. As this story broke, the administration reversed itself by allowing CNN to interview a national security deputy. The administration denied its intent to freeze out CNN.

Unprecedented number of Trump administration leaks brings benefits and pose hazards [FAC, 2/6/17]: While trashing conventions at record-setting pace, the Trump administration has also set a new record for leaks. 

Supreme Court nominee Gorsuch seen as First Amendment defender [FAC, 2/6/17]: The Reporters Committee for Freedom of the Press, , February 3, 2017, gave Neil Gorsuch, President Donald Trump's nomination to the Supreme Court a favorable rating on First Amendment issues.

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:

With Ninth Supreme Court Justice Waiting in the Wings, Lawsuit Revives Movement to Eliminate Mandatory Teacher Union Dues [EdLawProfs blog, 2/7/17]: About a year after Friedrichs ended in a 4-4 tie at the Supreme Court, another attempt is being made to stop union dues. Eight California teachers filed a federal lawsuit Monday against their school districts and the California Teachers Association, challenging mandatory union membership and the union dues that come with it.




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