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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