Wednesday, April 26, 2017

Posts for April 26, 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:

Racially discriminating statements in jury rooms are subject to scrutiny [ABA Journal, 5/1/17]:  A case about racial bias in the jury room would seem to have all the makings of a provocative and headline-grabbing decision. However, Peña-Rodriguez v. Colorado, a case containing just such bias, hovered a bit below the radar, even during this relatively low-key U.S. Supreme Court term.

Hello? Justice Stephen Breyer's cellphone rings in court [AP / SCOTUS blog, 4/25/17]: Even Supreme Court justices forget to turn off their cellphones.

How Justice Thomas' Discontent Channels Justice Douglas [Empirical SCOTUS blog, 4/25/17]: The recent consistency of Justice Thomas’ dissents harkens back to one of history’s strongest proponents (and one of the most regular writers) of the dissenting opinion, Justice William Orville Douglas. 

How Trump Alienated the Judiciary [The Atlantic, 4/25/17]: A ruling against his executive order on sanctuary cities is the latest rebuke dealt to the president by a federal judge.

High Court Kills Tribal Immunity for Casino Employees [CNS / Forbes, 4/25/17]: Tribal immunity does not shield a casino’s limo driver for Mohegan Sun Casino from having to pay the couple he rear-ended on a highway, the Supreme Court ruled Tuesday.
Read the decision in Lewis v. Clarke at:

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:

Controversial Supreme Court decision lands on the big screen [ABA Journal, 5/1/17]: It’s rare to see a recent U.S. Supreme Court decision turned into a movie. But the case of Kelo v. New London uniquely galvanized a community, spurring one filmmaker to bring it to the big screen.

Texas Moves Toward Abolishing Wrongful Birth Suits [Justia, 4/26/17]: Professor Colb comments on a Texas bill currently under consideration that would eliminate the “wrongful birth” cause of action. Colb defines wrongful birth and points out that while its opponents argue that it encourages abortion, it actually encourages forthrightness and honesty among physicians, which should already be the standard of conduct. In fact, Colb argues, it is not the availability of a lawsuit that “encourages” abortion so much as the fact of the severe disability and the toll that this could take on their lives as well as on the life of the child whose birth is under consideration.

Gun War [ABA Journal, 5/1/17]: Congress has been silent on guns, but states haven't, so change is on the horizon.

Armed Black Panthers in the Capitol, 50 years on [Capitol Weekly, 4/26/17]: It’s largely forgotten now, but 50 years ago, it created a national sensation. It even caused the National Rifle Association and Ronald Reagan to back a gun-control bill authored by a Republican. 


The American Presidency [TOPIC 15]

U.S. judge blocks Trump order threatening funds for 'sanctuary' cities [SF Chron / SJ Merc, 4/25/17]: A federal judge placed a nationwide hold Tuesday on President Trump’s order to strip funds from municipal governments that refuse to cooperate fully with immigration agents. Judge William Orrick III of San Francisco said the president was exceeding his constitutional authority by trying to punish local governments that disagreed with his immigration policies.

Judge cites Trump's comment in 'sanctuary city' ruling [AP, 4/26/17]: For the third time in two months, a federal judge has knocked down an immigration order by President Donald Trump and used Trump's own language against him.

Trump administration moving to replace fired U.S. attorneys [Politico, 4/25/17]: More than a month after firing almost all of the Obama-appointed prosecutors, the White House expects to announce picks in the next three weeks.

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:

Trump Election Complicates Noncitizen Voting in San Francisco [KQED, 4/25/17]: Lost amid Donald Trump’s stunning upset in the election in November was the passage of a controversial San Francisco ballot measure. Proposition N will allow noncitizens with children to vote in local school board elections. But now, with immigrant communities worried over the Trump administration cracking down on sanctuary cities, that might be easier said than done.

Legislation and the Legislative Process (TOPIC 20)

Instead of launching tax reform, Trump could ground it [Politico, 4/25/17]: President Donald Trump on Wednesday will release a plan to radically overhaul the American tax code that many Republicans say is unrealistic and could end up hurting the chances of getting anything done on the issue, long one of the party’s top priorities.

Moderates chafe at Republican health care compromise [Politico, 4/26/17]: If the White House manages to resuscitate its flat-lining effort to replace Obamacare, President Donald Trump may owe it to a moderate New Jersey Republican and multimillionaire who only reluctantly backed his candidacy for president.

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

U.S. appeals court to reconsider Ohio execution protocol [Reuters, 4/25/17]: A federal appeals court on Tuesday agreed to reconsider its recent decision blocking Ohio from using its lethal injection protocol to execute three death row inmates.

WV Supreme Court hears arguments in hate-crime case [Charleston (W.Va.) Gazette-Mail / Slate, 4/25/17]: Cabell County Assistant Prosecutor Lauren Plymale stood before West Virginia Supreme Court justices Tuesday morning and offered up a hypothetical. She was asking justices to find that, based on sex-discrimination law, Steward Butler could be charged with a hate crime for allegedly attacking same-sex couple Zackary Johnson and Casey Williams in 2015.

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:

Are Hateful Ideas Protected Speech? [Concurring Opinions, 4/25/17]: On hate speech: Will Howard Dean publicly debate Eugene Volokh? This would be a great debate. For students too!

Students Have an “Alternate Understanding” of the First Amendment [Newseum, 4/25/17]: What is behind this urge to shut down speech that is viewed as offensive? Why do young people today appear to have less tolerance for free speech? As incidents of campus violence and canceled lectures become more frequent, it’s more important than ever to understand this issue and move collectively to address it.

The Media Bubble Is Worse Than You Think [Politico, 4/25/17]: The results read like a revelation. The national media really does work in a bubble, something that wasn’t true as recently as 2008. And the bubble is growing more extreme.

Ann Coulter Says She Will Pull Out of Speech at Berkeley [SF Chron, 4/26/17]: Ann Coulter said Wednesday that she is canceling her planned speech at the University of California, Berkeley, because she had lost the backing of conservative groups that had initially sponsored her appearance.
http://www.sfgate.com/news/article/Ann-Coulter-backing-out-of-UC-Berkeley-speech-11100585.php#photo-12795509

Taylor: Ann Coulter’s appearance at Berkeley isn’t about free speech [SF Chron, 4/25/17]: No, people like Coulter are circling the campus because, of late, the response to what they represent has been violent. And violence gets people talking on TV and social media. It sells books and tickets, and ensures more bookings on conservative TV and radio talk shows.

Trump Lawyers Get Creative With First Amendment [Bloomberg, 4/25/17]: President Donald Trump’s lawyers are trying to rewrite the First Amendment. In defending a civil suit against Trump by protesters who say they were roughed up in one of his campaign rallies, Trump’s legal team has advanced two claims that either misstate or substantially overstate constitutional doctrine.

Public Employees, Private Speech: 1st Amendment doesn't always protect government workers [David L. Hudson in the ABA Journal, 5/1/17]: High-profile controversies over police shootings, questionable promotions, racial profiling, attacks on law enforcement and race-based incidents have led to an increase in public employees being disciplined for publicly posting commentary deemed offensive or incendiary.
Also see the Newseum’s [4/25/17]: “To Tweet or Not to Tweet”: First Amendment Center legal intern Melemaikalani Moniz lays out what government employees can and can’t post on social media. 

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:

The 14th: A Civil War-era amendment has become a mini-Constitution for modern times [ABA Journal, 5/1/17]: John Bingham is the father of the 14th Amendment. As a leading member of the Joint Committee on Reconstruction, Bingham was the main author of the amendment, adopted by Congress on June 13, 1866, and ratified on July 9, 1868.

Justices May Take Another Look at Forced Union Fees [Bloomberg, 4/25/17]: The U.S. Supreme Court will get an opportunity to reconsider whether public sector unions can force nonmember workers to pay “fair share” fees, this time with a full roster of justices on the bench. This case is from the 7th Circuit.
Read the 8th Circuit decision in Janus and Trygg v. AFSCME at:

International Law, Citizenship and Immigration [TOPIC 40-42]

Israel appoints first woman to religious court [Jurist, 4/25/17]: Israel's Justice Minister Ayelet Shaked confirmed Tuesday that the country's Judicial Appointments Committee has approved the first female judge to a Muslim religious court. Both Jewish Rabbinical and Muslim Sharia courts hear marriage, divorce and other family law cases for their given religion in the country. Jewish law explicitly forbids women from serving as judges on Jewish family courts, but no similar rule exists for their Muslim counterparts. 

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