Posts for March 29, 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 rel Gorsuch
needs a straight flush to beat filibuster
evant to this unit:
Does the Juror Deliberation “Privilege” Work? Questioning the Supreme Court’s Assumptions [Jurist, 3/29/17]: Professor Colb comments on a recent decision in which the U.S. Supreme Court held that a juror’s use of racial stereotypes to vote for conviction may be used to invalidate the verdict, despite evidentiary rules that otherwise prohibit the use of juror testimony to challenge a verdict. Colb argues that the Supreme Court should have either extended the Sixth Amendment exception to cover other types of juror misconduct, or repealed the rule that prohibits the use of post-verdict juror testimony to impeach a verdict.
The Standard Fare of Judges [“Take Care” blog, 3/28/17]: What Happens When the
Judiciary Does What It Always Does.
Gorsuch nomination
and hearings
Inscrutable Gorsuch raises Democratic ire [CNN, 3/28/17]: Appearing before a Senate panel last week, Supreme Court
nominee Neil Gorsuch minimized the role of judges in American democracy,
referring to their "modest station." He presented a study in
self-effacement, sprinkling his testimony with folksy expressions and sitting
at a plain wooden desk rather than the customary draped table.
The Fundamental Dishonesty of the Gorsuch Hearings [The Atlantic, 3/29/17]: The confirmation process has
shed little light on the philosophy of President Trump's nominee to the Supreme
Court or on what kind of justice he will be.
Airless. Insular. Clubby. Smug [Slate, 3/28/17]: How the grossness of the Gorsuch
hearings made the Supreme Court nominee vulnerable to organized resistance.
Gorsuch needs a straight
flush to beat filibuster [Politico, 3/29/17]: Senate Democrats on Tuesday left Judge Neil Gorsuch
with two roads to the Supreme Court: winning over all of the party’s remaining
swing votes, or relying on the so-called nuclear option.
Is the Democrats' Decision
to Filibuster Gorsuch Irrational? [Library of Law and Liberty,
3/28/17]: The threatened filibuster by the Democrats of Judge Neil Gorsuch
seems irrational if its purpose to help create a Supreme Court more friendly to
Democratic commitments.
http://www.libertylawsite.org/2017/03/28/is-the-democrats-decision-to-filibuster-gorsuch-irrational/
There's A Showdown Brewing In The Senate That Could
Change Supreme Court Nominations Forever [BuzzFeed, 3/28/17]: If Senate Republicans go through with the
so-called 'nuclear option,' one of their own warns that future presidents, from
either party, will 'have no reason to appoint a Boy Scout like Gorsuch.
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:
The
American Presidency [TOPIC 15]
Trump signs executive
order rolling back Obama energy regulations [Jurist, 3/29/17]: Trump stated that previous policies and regulations
became burdensome to the energy industry and that by altering these regulations
and policies wages will increase by more than $30 billion over the next seven
years.
White House interviewing
young lawyers for federal judgeships [Politico, 3/29/17]: The White House Counsel’s office is interviewing lawyers in their late
30s and early 40s for federal judgeships, sources familiar with the matter told
us. It is a departure from the Obama administration, which mostly stuck to
older, experienced legal professionals for judgeships.
Trump could blow up Obamacare with one move [Politico,
3/29/17]: But it's a risky maneuver because the GOP might be blamed for the
resulting chaos.
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:
Clinton urges women to 'resist' Trump agenda [Politico, 3/28/17]: Emerging from the political shadows months after a devastating presidential campaign loss to Donald Trump, a fiesty Hillary Clinton — while never directly mentioning the occupant of the White House — urged women to “resist, insist, persist and enlist” in the continuing political struggle on key issues like women’s health care and budget priorities.
Legislation and the Legislative
Process (TOPIC 20)
Swalwell on Nunes fallout: ‘This is what a cover-up to a
crime looks like’ [Politico, 3/28/17]: House Intelligence Committee
chairman Devin Nunes’ announcement last week that officials from the transition
team of President Donald Trump had been inadvertently surveilled by the U.S.
intelligence community came at the behest of the White House, Rep. Eric
Swalwell said Tuesday morning.
Schumer headed for epic clash with McConnell [Politico, 3/28/17]: They said they'd try to get
along, but imminent battles over the Supreme Court and government funding will
test that proposition.
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
Anti-Abortion
Videotaper David Daleiden Charged With 15 Felonies [CNS, 3/29/17]: California’s attorney general issued a warrant Tuesday
for the arrest of anti-abortion activist David Daleiden and charged him with 15
felony counts for secretly recording 14 people affiliated with Planned
Parenthood and conspiring to invade their privacy.
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:
New Mexico
student loses free speech appeal over anti-lesbian essay [Reuters,
3/28/17]: A former University of New Mexico student failed to persuade a
federal appeals court that the school violated her free speech rights by
rejecting an essay containing anti-lesbian remarks that she had written for a
film class.
You can read the court opinion in Pompeo
v. Univ. of Mew Mexico at:
Supreme Court rules credit-card surcharge ban regulates
speech [Jurist,
3/29/17]: The Supreme Court ruled Wednesday
in Expressions
Hair Design v. Schneiderman that
a New York state law that prohibited sellers from applying a surcharge to
customers who paid with a credit card regulated the speech of the sellers.
Assault on free speech:
California law would ban ‘fake news’ [FAC, 3/28/17]: The California State Assembly is considering A.B. 1104
that would make it illegal to publish fake news online about issues before
voters in an election and fake news concerning election candidates.
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]
San Diego Signs Historic Memorandum, Gaining Role In
Mexico’s Legislative Process [KPBS, 3/28/17]: The San Diego Regional Chamber of Commerce
signed a historic memorandum of understanding with Mexico’s Senate on Tuesday,
expanding the influence of San Diego and northern Baja California leaders on
Mexican legislation related to ports of entry, trade and immigration.
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