Friday, March 24, 2017

Posts for March 24, 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.

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:

Gorsuch hearings
Senate Dems plan filibuster to stop Gorsuch confirmation to Supreme Court [LA Times, 3/23/17]: The long-expected announcement of the filibuster plan came from Senate Minority Leader Charles E. Schumer (D-N.Y.). In a message on Twitter, Schumer said that Gorsuch would "face a cloture vote," referring to the Senate process for filibusters.

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:

US Senate votes to repeal Alaska wildlife protections [Jurist, 3/23/17]: The latest example of separation of powers: The US Senate voted Tuesday to approve House Joint Resolution 69, a bill to invalidate an August 2016 regulation protecting wildlife on federal lands from certain kinds of hunting. 

The American Presidency [TOPIC 15]

Trump approval his new low in poll [MSNBC, 3/23/17]: His rating has dipped to a new low of 37 percent, according to the latest Quinnipiac University poll. View the discussion of these numbers which come during a tumultuous week.

Trump defends wild claims: 'I'm president, and you're not' [CNN, 3/23/17]: President Donald Trump defended some of the most controversial claims of his young political career in a wide-ranging interview with Time magazine published Thursday, in which he offered a simple and absolute defense of his method: "I'm a very instinctual person, but my instinct turns out to be right. Hey, look, in the meantime, I guess I can't be doing so badly, because I'm president, and you're not," he told Time's Washington bureau chief, Michael Scherer.

Ivanka Trump White House job raises ethics questions [CNN, 3/23/17]: The White House says Ivanka Trump will comply with ethics restrictions -- even though they don't formally apply to her -- now that she's getting a West Wing office.

Justice Department seeks expedited review for travel ban [Jurist, 3/23/17]: The US Department of Justice petitioned Wednesday to have the travel ban executive order by President Donald Trump reviewed more quickly.

The Complexities of a “Motive” Analysis in Challenging President Trump’s Executive Order Regarding Entry to the United States [Justia, 3/24/17]: Professors Amar and Brownstein explain the complexities behind analyzing the motive underlying legislation and executive orders. Specifically, they highlight the difficulty in courts’ using perceived motive to strike down President Trump’s executive order regarding entry to the United States.

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:

Legislation and the Legislative Process (TOPIC 20)

The Health Care Bill
Trump Bows to Conservatives; Agrees to Cut Rule for Basic Health Benefits [NY Times, 3/23/17]: President Trump agreed to the demands of conservative House Republicans to remove federal requirements that health insurance plans provide a basic set of benefits like maternity care, emergency services, mental health and wellness visits as he struggles to round up enough votes to pass a broad health care overhaul. The White House had resisted addressing the regulations as part of the bill set for a House vote on Thursday, arguing that doing so could imperil the bill’s chances in the Senate, but with Republicans revolting against the measure, the concession was a last-ditch effort to win a majority.
Not enough votes -- House delays health care bill to Friday [CNN / Politico, 3/23/17]: The House hopes to vote on legislation to repeal and replace Obamacare Friday morning, following a day of drama and multiple high-level, tension-filled meetings, a White House official said. President Trump and House Speaker Paul Ryan have been lobbying members of the conservative House Freedom Caucus and also moderate Republicans in an attempt to reach the 216 votes they need to pass the bill.
White House: Expect vote tomorrow [CNN, 3/23/17]: Deputy White House press secretary Sarah Huckabee Sanders says the White House is confident the vote on the GOP health care bill will be tomorrow.
Delayed vote a setback for Trump the dealmaker [Politico, 3/23/17]: “The closer,” it turns out, needs extra innings. 
Analysis: Why the rush to pass a health care bill? [Wash Post, 3/23/17]: GOP hopes to use the reconciliation process to pass a bill.
The Latest: Trump ties health care vote to abortion [EB Times, 3/24/17]: The Latest on an effort in Congress to pass a health care bill: President Donald Trump is telling lawmakers who oppose abortion that a vote against the health care bill would favor Planned Parenthood.
Health care bill debate and vote: What happens now? [CNN, 3/24/17]: The House Rules Committee cleared Friday morning the Republicans' health care bill to repeal and replace Obamacare out of committee by a vote of 9-3, setting up for a final floor vote later in the day.
Trump card: White House plays its hand in health care battle [CNN, 3/24/17]: o make a deal, you have to know when it's time to walk. President Donald Trump ripped that classic move from his boardroom playbook Thursday night, seeking to splinter the resistance of House Republicans refusing to pass the health care bill that has left his new administration in limbo.

Nunes apologized to Democrats after surveillance comments: aide [Reuters / Politico, 3/23/17]: The Republican chairman of the House Intelligence Committee apologized to Democratic members of the panel for going public and to the White House before briefing them about information he said he obtained about surveillance of President Donald Trump's team, a committee aide said on Thursday.

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

DOJ report: federal law enforcement resources concentrated on immigration arrests [Jurist, 3/23/17]: The US Bureau of Justice Statistics on Thursday released a report finding that a significant portion of federal law enforcement resources were directed to immigration-related offenses. The analysis showed that half of all federal arrests in 2014 were related to immigration, with 61 percent of them occurring in five districts along US-Mexico border.

Does a Border Agent’s Search of Your Cell Phone Cross the Line? [Newseum, 3/23/17]: The Electronic Frontier Foundation provides insight into the First Amendment implications of U.S. border agents seizing and searching electronic devices.

Google vows to fight search warrant seeking the names of everyone who Googled crime victim [ABA Journal, 3/20/17]: Google says it will fight a search warrant seeking information about anyone who searched the name of a financial crime victim on the search engine in December and early January.

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:

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:

Family court judge rules Obergefell applies retroactively, and women had a common-law marriage [ABA Journal, 3/20/17]: A same-sex couple who split up after about 30 years together had a common-law marriage, a South Carolina family law court judge recently ruled.

Federal judge blocks Louisiana marriage law [Jurist, 3/23/17]:  A judge for the US District Court for the Eastern District of Louisiana blocked a law Wednesday that would prevent foreign-born US citizens from marrying. The legislation at issue required a birth certificate to obtain a marriage license. The law had barred 32-year-old Viet Anh Vo from marrying his fiancee in 2016. 




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