Monday, June 26, 2017

Posts for June 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:

Will Supreme Court retirement bring 'Kennedy Court' to an end? [Erwin Chemerinsky in the Sac Bee / Politico / “Above the Law” blog, 6/25/17]: With the U.S. Supreme Court handing down this term’s last decision Monday, great attention is being focused on the possibility that Justice Anthony Kennedy might soon announce his retirement.

Justice Gorsuch: What We Know and What We Should Expect [“Empirical SCOTUS” blog, 6/23/17]: After his first three opinions – one majority, one dissent, and one concurrence – several predictions about Gorsuch have been tentatively confirmed.  Other suppositions will be confirmed or denied in the coming weeks and during the Court’s next term.

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:

Court declines to take up 2nd Amendment case: A look at the California law [Fox News, 6/26/17]: The U.S. Supreme Court declined on Monday to review a California law restricting concealed carry permits. After postponing the order multiple times, the nation’s highest court rejected a review of Peruta v. California. In the case, gun rights activists argued that a “good cause” requirement on concealed carry permits is too restrictive. Justices Clarence Thomas and Neil Gorsuch said the court should have reviewed the appellate ruling. Thomas said the decision not to hear the case "reflects a distressing trend: the treatment of the Second Amendment as a disfavored right."
Peruta v. California was denied cert, however it is in our new edition (5.04) textbook anyway. Here are the dissents of Justice Gorsuch and Justice Thomas from the denial of cert:
Follow the Peruta case at:

The American Presidency [TOPIC 15]

Donald Trump: The Art of the Fight [Justia, 6/24/17]: John W. Dean, former counsel to President Richard Nixon, describes President Trump’s lifelong history of being in fights—with wives, business partners, vendors, tenants, the news media, and countless others. Dean argues that Trump’s fight tactics include lying, cheating, and seeking to intimidate—skills he likely learned from New York City attorney Roy Cohn.

Donald Trump abandons traditional White House Ramadan celebration [The Guardian, 6/26/17]: Despite events held by previous administrations from across the political divide, this year’s Ramadan – which began on 26 May – passed nearly unobserved by the White House. It was marked only by a statement published late on Saturday afternoon, coinciding with the end of the holy month. The first White House iftar dinner is said to have been hosted by President Thomas Jefferson, who hosted a Tunisian ambassador during the Islamic month of fasting in 1805.

The status of the Travel ban case
Supreme Court Takes Up Trump Travel Ban [CNS, 6/26/17]: Giving force to pieces of President Donald Trump’s ban on Muslim travel in the United States, the Supreme Court took up the controversial case Monday as its last act before summer recess. Consolidating twin challenges against the executive order, the high court noted that the injunctions put in place against Trump’s so-called travel ban prevented the government from initiating enforcement of any of the challenged provisions.
The per curium decision in Trump v. International Refugee Assistance Project can be found at:
The case is included in our new edition (version 5.04) of our student Con Law textbook.

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:

Schiff criticizes Obama’s handling of Russia [Politico, 6/25/17]: The top Democrat on the House Intelligence Committee criticized Barack Obama for the president’s response to intelligence reports that the Russian president was working to elect Donald Trump. Rep. Adam Schiff, speaking on CNN, was asked about a June 23 article in The Washington Post that said Obama was told in August 2016 that Russian President Vladimir Putin was working to elect the Republican nominee. 

Legislation and the Legislative Process (TOPIC 20)

Pro-Trump group's health care offensive warns GOP senators to get in line  [Politico, 6/25/17]: The effort is aimed at both punishing Sen. Dean Heller and at swaying his vote, and it is a stunning act of political retaliation against a member of the president’s own party.

Senate Republicans skeptical Obamacare repeal can pass this week [Politico, 6/25/17]: Senate GOP leaders face problems from seemingly every corner of the conference.

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

The decision in Davila v. Davis can be found at:

Cross-Border Shooting Case Sent Back to Fifth Circuit [CNS, 6/26/17]: A divided Supreme Court on Monday said the Fifth Circuit must ultimately decide whether the family of a Mexican teen shot dead by a U.S. border agent can sue the agent for damages.
The per curium decision in Hernandez v. Mesa 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:

How Does the Supreme Court Feel About Feelings? [Bloomberg, 6/25/17]: The travel ban and a Mississippi gay-rights case show how the law is divided over religious rights.

Justices Side With Missouri Church in Funding Dispute [CNS, 6/26/17]: The Supreme Court ruled 7-2 Monday that Missouri cannot exclude a church preschool from a state program providing grants for playground resurfacing, finding the denial constitutes religious discrimination.
The decision in Trinity Lutheran Church of Columbia, Inc. v. Comer can be found at:

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:

Religious Objections to Gay Marriage Get U.S. Supreme Court Hearing [Bloomberg / CNS, 6/26/17]: The U.S. Supreme Court stepped into a clash that pits gay rights against religious freedoms, agreeing to hear arguments from a Colorado baker who says he shouldn’t have to make cakes for same-sex weddings. The justices will review a finding that Jack Phillips and his bakery were violating Colorado’s civil rights laws, which ban sexual-orientation discrimination by businesses that sell to the public. The case is included in our new edition of the Con Law student textbook.


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