Thursday, March 23, 2017

Posts for March 23, 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.

Supreme Court Justice Confirmation Hearing, Day 4. You can view at this link:

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 hearings
Bush State Department Official Confirms Gorsuch's Account of Waterboarding Dispute [WSJ, 3/22/17]: Former State Department official John Bellinger corroborated Supreme Court nominee Neil Gorsuch’s remarks Tuesday that he pushed back against advocates of waterboarding and other cruel interrogation techniques during the Bush administration.
 Go Ahead, Neil Gorsuch, Tell Us What You Think [Bloomberg, 3/22/17]: The political rationale that leads nominees to bob and weave, avoiding almost all meaningful questions, has been around for 30 years. Roughly, the idea is that Robert Bork’s nomination was blocked in 1987 because Democrats successfully depicted him as outside the mainstream. To avoid Bork’s fate, justices should avoid answering questions as he did.
Neil Gorsuch Was Hatched in a Federalist Society Lab [Slate, 3/22/17]: With spare body parts stolen from Atticus Finch, Richie Cunningham, and Snoopy.
J. Gorsuch Will Be Awful on #SCOTUS for Progressives [Election Law Blog, 3/23/17]: Democrats Should Not Filibuster Him.

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:

Gun dealers argue against Alameda County restrictions on stores [SF Chron / CNS, 3/22/17]: Lawyers for Alameda County and would-be gun dealers dueled in a federal appeals court Wednesday over a land-use law that raised two far-reaching questions: whether a local government can restrict the location of gun stores and whether the Constitution includes a right to sell firearms.

Arkansas governor signs enhanced concealed carry bill into law [Jurist, 3/22/17]: Individuals who have concealed carry permits may apply for the enhanced permit and, after eight hours of additional training, may carry the concealed weapons at public colleges, airports, polling places, sporting events, some state offices and the state capitol. 

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:

Another Look Back at 2017 [Sabato’s Crystal Ball, 3/23/17]: Comparing the exit poll and the Cooperative Congressional Election Study.

Legislation and the Legislative Process (TOPIC 20)

The Health Care Bill
GOP health care bill in limbo after White House meeting [CNN, 3/23/17]: The Republican health care legislation is in limbo Thursday afternoon after multiple meetings at the White House and Capitol have failed to produce a deal.
Current whip count: 29 [CNN, 3/23/17]: CNN's numbers: 25 House Republicans have flat-out said they will vote against the current version of the bill; 4 more have indicated they are likely to oppose it. That's 29 lawmakers opposed to or leaning against the bill.
Which Republicans are opposing the Obamacare repeal bill? [CNN, 3/23/17]:


House Russia probe in chaos over Nunes remarks that Trump found in foreign surveillance reports [Fresno Bee, 3/22/17]: Rep. Devin Nunes on Wednesday thrust himself into the controversy surrounding President Donald Trump’s unproven claims that he was wiretapped by his predecessor, telling the White House and reporters that communications of Trump transition officials – possibly including the president – may have been “monitored” after the election as part of an “incidental collection.”

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

Justices Affirm Pretrial Fourth Amendment Rights [CNS / SCOTUS blog, 3/21/17]: The Supreme Court ruled Tuesday that an Illinois man can sue for malicious prosecution over his pretrial detention after he was jailed for 48 days because police falsified his drug-test results.
The opinion in Manuel v. City of Joliet, IL. can be found at:

“Harmless Errors” [The Marshall Project, 3/22/17]: Eight young men and the murder story that sent them away for life. On March 29, the U.S. Supreme Court will hear arguments about whether the government’s misdeeds require the reversal of all the convictions. How — and why — does a case come back to court after three decades?

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:

Supreme Court rules uniform design elements can be copyrighted [Reuters, 3/22/17]: The U.S. Supreme Court on Wednesday ruled that basic elements in cheerleader uniform designs merit copyright protection, handing a victory to the top American maker of the garments in a decision with serious implications for the fashion industry.
The opinion in Star Athletica v. Varsity Brands can be found at:

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:

Gorsuch Criticized as Top Court Rejects Him on Disabled Students [Bloomberg / AP / School Law Blog, 3/22/17]: U.S. Supreme Court nominee Neil Gorsuch drew fire in his Senate confirmation hearing because of a new high court decision Wednesday unanimously rejecting his position on the educational rights of disabled students.

Justices side with workers in bankruptcy dispute [AP / CNS, 3/22/17]: The Supreme Court is siding with hundreds of former workers at a New Jersey trucking company who said they were unfairly denied a claim for lost wages after the company filed for bankruptcy protection.
You can read the decision in Czyzewski v. Jevic Holding Corp. at:




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