Wednesday, February 8, 2017

Posts for February 8, 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 to judges: Even a 'bad high school student' would rule in my favor [CNN / BuzzFeed / Wash Post, 2/7/17]: President Donald Trump harshly criticized arguments against his temporary travel ban on Wednesday, discounting a legal challenge to the order as anti-security and lambasting the federal judicial system that's weighing it as overtly political.

Federal appeals court skeptical of Trump's travel ban [USA Today / Reuters / Politico / CNN / Jurist / Trial Insider, 2/7/17]: President Donald Trump's order temporarily banning U.S. entry to people from seven Muslim-majority countries came under intense scrutiny on Tuesday from a federal appeals court that questioned whether the ban unfairly targeted people over their religion.
You can watch a video or the oral arguments on You Tube:

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:

The Gorsuch nomination: What's next [SCOTUS blog, 2/7/17]: The Constitution barely sketches the process for making Supreme Court appointments. Article II provides the president “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint … Judges of the Supreme Court.” Besides the fact that Article I empowers each chamber of Congress “to determine rules” for its internal governance, the Constitution confers discretion on the president and the Senate over how to exercise their respective authorities.

Democrats question independence of Trump Supreme Court nominee [Reuters, 2/7/17]: Democratic U.S. senators on Monday sharpened a potential line of attack against Neil Gorsuch's nomination to the Supreme Court by questioning whether he would be sufficiently independent as a justice in light of President Donald Trump's vigorous use of unilateral presidential power including his travel ban.

Gorsuch in the Mainstream [WSJ wsutorial,, 2/8/17]: He was upheld at the Supreme Court in seven of eight cases.

Judge Gorsuch’s Misguided Quest to End Judicial Deference to Administrative Agencies [Justia, 2/8/17]: Professor Dorf discusses the distinctive position taken by Supreme Court nominee Neil Gorsuch with respect to the so-called Chevron doctrine, under which courts defer to reasonable agency interpretations of ambiguous federal statutes. Dorf explains why Judge Gorsuch’s quest to end judicial deference to agencies not only contrasts with Justice Scalia’s position on the issue, but it is also erroneous and based on a misconception of how Chevron works.

'Justice Scalia's seat' has a history going back 150 years [AP, 1/7/17]: "The towering judges that have served in this particular seat on the Supreme Court, including Antonin Scalia and Robert Jackson, are much in my mind at this moment," Gorsuch said in the East Room of the White House following his nomination by President Donald Trump.

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:

Former U.S. Atty. Gen. Eric Holder visits Sacramento to meet with his clients: California's legislators [Politico, 2/7/17]: With California’s relationship to President Trump growing increasingly strained, Democratic lawmakers on Tuesday met in person with the high-profile attorney tasked with shaping their strategy for upcoming clashes: former U.S. Atty. Gen. Eric Holder.

The American Presidency [TOPIC 15]

What is the Trumpian view of the Constitution? [Eric Posner’s Blog, 2/7/17]: “I'm looking for someone who will provide a legal or constitutional defense of Trump's attack on the courts.

Courts Have Pushed Back During The War On Terror When The Executive Branch Asked Them To Butt Out [BuzzFeed, 2/7/17]: The Justice Department is arguing that a Seattle federal judge was wrong to “second-guess” Trump’s travel ban, given the national security concerns at play. Courts pushed back against similar arguments in post-9/11 cases.

Betsy DeVos squeaks through as Education secretary after Pence casts first-ever tie-breaking vote [LA Times, 2/7/17]: Phone calls jammed congressional switchboards. Two Republican senators defected. Democrats held a last-ditch, 24-hour Senate debate in hope of shaking loose one additional vote. But the effort was not enough to prevent Betsy DeVos from becoming U.S. secretary of Education. 

Travel ban: Local attorneys say feds got tough questions from judges, but so did the state [Seattle Times, 2/7/17]: A “hot bench” put the federal government’s feet to the fire, several local attorneys said after listening to the 9th Circuit hearing on President Trump’s travel ban. But they noted Washington’s lawyer faced tough questions too.

Checks? Never Heard of Them. Balances? Forget About It [Slate, 2/6/17]: Donald Trump's unnerving belief that the judiciary's purpose is to stay out of his way.

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:

Blue-Collar Dems: a Case Study of Party Defection [CNS, 2/7/17]: Unable to fashion a golden ticket to the White House from Hillary Clinton’s 3-million-vote lead over Donald Trump, Democrats begrudgingly began the process of introspection. Courthouse News spoke with four experts to figure out what became of the blue-collar Democrat. This is the first of a 3-part series.

Legislation and the Legislative Process (TOPIC 20)

GOP Invokes Obscure Senate Rule to Silence Warren During Sessions Debate [CNS, 2/8/17]: Republicans on Tuesday night invoked a little-used rule to prevent Sen. Elizabeth Warren from speaking out against the Sen. Jeff Sessions, who the Senate is prepared to confirm as attorney general on Wednesday.

Obamacare Debate Draws Critics Across the Aisle [CNS, 2/8/17]: Bernie Sanders and Ted Cruz – two of the country’s most diametrically opposed senators – hit the debate floor Wednesday night to spar over efforts to repeal the federal health care law.

A gang of 11 could end the madness of Supreme Court confirmations [LA Times, 2/7/17]: The Supreme Court confirmation process is broken. Republicans say Democrats started it with their ruthless take down of Robert Bork three decades ago. Democrats say Republicans crossed a line when they covered their ears and pretended President Obama had not nominated Merrick Garland to fill the seat left vacant by Justice Antonin Scalia/s death.

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

AP Fact Check: Trump botches murder rate [AP, 2/8/17]: President Donald Trump's dark view of violent crime in America rests largely on a bogus claim: that the murder rate is higher than it's been in nearly half a century. Actually, the murder rate is down sharply in that time, despite a recent spike.

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:

Judge Neil Gorsuch — the Scholarly First Amendment Jurist [Concurring Opinions, 2/7/17]: If one scans what we now know of the arc of Judge Gorsuch’s views on the First Amendment and free expression, it is readily apparent than he has long and informed commitment to the First Amendment. Should that continue, and it seems likely to, he could well become the First Amendment point-person on the Court.

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]

Srebrenica massacre trial begins in Serbia [Jurist, 2/7/17]: The trial is seen as a litmus test on Serbia's pledge to move past the Bosnian war which is still affecting the country almost two decades later. 

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