Wednesday, April 5, 2017

Posts for April 5, 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:

Contentious cases await Trump's U.S. high court nominee Gorsuch [Reuters, 4/4/17]: There are appeals pending on expanding gun rights to include carrying concealed firearms in public, state voting restrictions critics say are aimed at reducing minority turnout, and allowing business owners to object on religious grounds to serving gay couples. All three could lead to landmark rulings if taken up.

Gorsuch nomination and hearings
Gorsuch's Plagiarism Is Worthy of Embarrassment [Bloomberg, 4/4/17]: It’s probably naive to think that there could be a nuanced conversation about Judge Neil Gorsuch’s citation of sources in his 2006 book, “The Future of Assisted Suicide and Euthanasia.” But that’s precisely what we need.

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:

Judge Blocks Indiana Abortion Ultrasound Rule [CNS, 4/4/17]: A federal judge in Indiana granted a preliminary injunction to Planned Parenthood, temporarily blocking a state law forcing women to have an ultrasound at least 18 hours before having an abortion.

The American Presidency [TOPIC 15]

Bannon ousted from National Security Council [Politico, 4/5/17]: In recent weeks, Jared Kushner, Trump’s son-in-law and senior adviser, has asked searching questions – sometimes for hours – of inside and outside advisers about the White House's performance and complained about Bannon in particular, according to people who have spoken with Kushner.

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)

Senator talks all night as Democrats fight Trump court nominee [Reuters / AP, 4/5/17]: A Democratic senator delivered a 15-1/2-hour, all-night speech denouncing President Donald Trump's U.S. Supreme Court nominee on Wednesday, joining an effort to block Senate confirmation of Neil Gorsuch in a heated political showdown with Republicans.

How Republicans are working to revive the health care bill [CNN, 4/4/17]: There are plenty of Republicans across Capitol Hill that see the GOP plans to repeal and replace Obamacare as a settled issue at least for the moment, but behind the scenes several key players are not letting the issue go.

Senate Told Cost of Planned Border Wall Still a Mystery [CNS, 4/4/17]: A Senate committee meeting on Tuesday to discuss President Donald Trump’s proposed wall along the U.S.-Mexico border heard much about eminent domain and the need to hire more border patrol staff, but achieved no clarity on what building the proposed wall itself might actually cost.

Pence's Obamacare diplomacy fails to yield a deal [Politico 4/5/17]: The White House’s latest last-ditch effort to save the GOP’s Obamacare replacement bill hit a brick wall Tuesday night, as conservative and moderate Republicans met and realized they had two very different understanding of the changes sought by top Trump officials.

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

California governor candidates back criminal justice reforms [AP, 4/4/17]: Three Democrats running for California governor are calling for criminal justice policies that focus on youth development and support for crime victims over tough-on-crime measures that increase incarceration. Lt. Gov. Gavin Newsom, former Los Angeles Mayor Antonio Villaraigosa and state Treasurer John Chiang spoke separately Tuesday at a conference in Sacramento organized by the left-leaning advocacy group Crime Survivors for Safety and Justice. 

California bill to eliminate bail system clears first hurdle [EB Times, 4/4/17]: A bill to do away with California’s bail system — which reform advocates say punishes the poor for being poor — cleared its first legislative hurdle Tuesday, inching the state closer to sweeping criminal-justice reform being proposed across the country.

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:

Mississippi Religious-Freedom Law Debated in Fifth Circuit [CNS, 4/4/17]: The Fifth Circuit heard arguments Monday afternoon about a Mississippi law that would let government employees, service providers and business owners cite their own religious beliefs to deny services to gay couples.

The Nation’s Worst Anti-Gay Bill Goes on Trial [Slate, 4/4/17]: A federal court scrutinizes Mississippi’s HB 1523, which protects the “religious freedom” of people discriminating against the LGBTQ community.

Credit Cards and the Disturbingly Widening Gyre of Free Speech [Justia, 4/5/17]: Professor Dorf explains the significance of the U.S. Supreme Court’s recent decision regarding New York credit card surcharge laws as free speech. Dorf argues that the decision reflects an alarming trend of the Roberts Court to agree to recognize challenges to economic regulations on free speech grounds.

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:

LGBT Employees Protected By Federal Civil Rights Act, Appeals Court Rules [NPR / Slate / Politico / Constitution Daily, 4/5/17]: A federal appeals court ruled for the first time Tuesday that the 1964 Civil Rights Act protects LGBT employees from workplace discrimination, setting up a likely battle before the Supreme Court as gay rights advocates push to broaden the scope of the 53-year-old law. 

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

US plans to pursue UN terrorism sanctions despite vetoes [Jurist, 4/4/17]: US Ambassador to the United Nations Nikki Haley stated to reporters on Monday that the US will continue to take action to sanction terrorists through the UN Security Council, despite other countries utilizing their veto power. 

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