Tuesday, May 30, 2017

Posts for May 30, 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:

It Matters How and When SCOTUS Reviews the Muslim Ban [“Take Care” blog, 5/30/17]: Joshua Matz maps out the course ahead and concludes that it matters a great deal how and when the Supreme Court ultimately reviews the Muslim Ban.

Racist trademark, secular activities at churches cases among anticipated Supreme Court decisions [Wash Times, 5/29/17]: The U.S. Supreme Court has fallen behind pace, and will have to sprint to the end of its term with a series of decisions over the next month.

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]

White House Communications Director Resigns Amid Tensions [CNS, 5/30/17]: White House communications director Michael Dubke resigned Tuesday ahead of what many political observers believe will be a major staff overhaul in the west wing.

How Trump can change the subject [CNN, 5/30/17]: President Donald Trump's odyssey through Europe and the Middle East fulfilled a more narrow political focus for the reeling White House: It was a nine-day distraction from the dominant narrative of a presidency under siege. Now, Trump needs to find another way to change the subject, because the questions about Russia that have long clouded his administration have deepened in the time he has spent away.

Travel ban to test Supreme Court view of presidential power [AP, 5/29/17]: The administration has promised a high court appeal of a ruling blocking the president's ban on visitors from six majority Muslim countries. The case could be a major test for the young administration and for a court that has its 5-4 conservative majority restored with the confirmation of Trump nominee Neil Gorsuch as the ninth justice.

Recalibrating Judicial Renominations in the Trump Administration [Washington & Lee Law Rev. Online, 5/26/17]: Now that President Donald Trump has commenced the fifth month of his administration, federal courts experience 121 circuit and district court vacancies. These statistics indicate that Mr. Trump has a valuable opportunity to approve more judges than any new President.

Cities join call for impeachment[Politico, 5/29/17]: A growing number of local governments are clamoring for Congress to act against Donald Trump. 

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:

Sanders revolution hits a rough patch [Politico, 5/29/17]: Bernie's supporters struggle to capture the actual levers of power. 

Voter-Purge Effort by Ohio Gets U.S. Supreme Court Review [Bloomberg / CNS, 5/30/17]: The U.S. Supreme Court will consider giving states more freedom to rid their voter rolls of people who haven’t cast ballots in a while. Agreeing to hear an appeal by Ohio, the justices said they’ll consider reinstating a purging technique used by the state before a federal appeals court barred the practice. The appeals court ruling let some 7,500 state residents cast ballots in the 2016 election, even though they’d previously been removed from the list of eligible voters.
Details about Husted v. A. Philip Randolph Institute and can be found at:
This case is under consideration to be included in the new (version 5.04) student textbook, Constitutional Law.

Supreme Court's next step on gerrymandering could be its biggest yet [CNN, 5/29/17]: During a lull between elections, the Supreme Court is taking on a hot-button political issue that could change the way legislative lines are drawn across the country.

California House race is a test of Latino, Korean influence [AP, 5/29/17]: On the rowdy streets of the Koreatown district a few miles from downtown Los Angeles, it doesn't take long to recognize the favorite candidate for an open U.S. House seat: Blue-and-gold campaign posters for Robert Lee Ahn greet diners at bustling dumpling houses and noodle shops.

Legislation and the Legislative Process (TOPIC 20)

California set to vote on single-payer health [KPCC, 5/29/17]: As the Republicans in Congress work on a bill to replace Obamacare, California lawmakers are considering a radical move in the other direction.

Senators' demands underscore McConnell's health care problem [AP, 5/29/17]: For Majority Leader Mitch Mc-Connell, writing a Republican- only health care bill that can pass the Senate boils down to this question: How do you solve a problem like Dean, Lisa, Patrick, Ted, Rand and Susan?

The Upcoming Votes Republicans Are Really Dreading [The Atlantic, 5/29/17]: In the next two months, Congress will have to raise the debt ceiling and pass a budget. GOP leaders don’t know how they’re going to do either of them.

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

If law enforcement officers make a “seizure” of a person using force that is judged to be reasonable based on a consideration of the circumstances relevant to that determination, may the officers nevertheless be held liable for injuries caused by the seizure on the ground that they committed a separate Fourth Amendment violation that contributed to their need to use force? The Ninth Circuit has adopted a “provocation rule” that imposes liability in such a situation. The Supreme Court said no. Unanimously. The opinion in County of Los Angeles v. Mendez can be found at:

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:

Judge Steps in for Student Accused of Racism [CNS, 5/27/17]: Citing First Amendment concerns, a federal judge prevented a school from proceeding with an expulsion hearing for a student who “liked” racist images on Instagram.
Here’s the 4-page ruling:
See earlier coverage:

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]

Demand for Immigration Lawyers Surges in Central Valley [KQED, 5/29/17]: Justin Sweeney’s desk is piled with file folders and law books. He’s been practicing immigration law for five years, and so far this has been the busiest of his career — he’s seen a 400 percent increase in consultations and new client contracts over the same period last year.

Merkel reiterates call for Europe to 'take fate into our own hands' [CNN, 5/30/17]: Just a day after her Foreign Minister accused US President Donald Trump of "weakening the West," Merkel stressed the importance of US-German relations while at the same time looking eastward for new opportunities by holding court with an Indian delegation in Berlin.


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