Tuesday, June 27, 2017

Posts for June 27, 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:

Roundup: High Court Acts on Range of Cases of Interest to Educators [School Law Blog, 6/26/17]: Monday was an extremely busy day on the last formal day of the U.S. Supreme Court's term as the justices issued decisions in argued cases, some per curiam decisions in non-argued cases, some orders granting new cases, and orders denying cases. There are cases of interest to educators in each of those categories.

Justice Neil Gorsuch delivering as Trump's promised conservative [Reuters / SF Chron, 6/27/17]: In his scant two and a half months on the bench, Justice Neil Gorsuch has proven he's no ordinary junior-most justice.

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:

Perata: U.S. Supreme Court leaves California’s concealed-guns law intact [SF Chron, 6/26/17]: The U.S. Supreme Court rejected a challenge by gun groups Monday to California’s concealed-weapons law, which requires gun owners to get a license from law enforcement to carry a concealed handgun outside the home.

Why California gun owners may be breaking the law on July 1 [Sac Bee, 6/26/17]: Sweeping new gun laws passed last year by California voters and legislators require those with magazines capable of holding more than 10 rounds of ammunition to get rid of them by July 1. The question is: How many of California’s 6 million-plus gun owners are actually going to comply, even though violators face potential jail time if they’re caught?

The American Presidency [TOPIC 15]

U.S. Supreme Court OKs part of Trump’s travel ban [SF Chron, 6/16/17]: The U.S. Supreme Court agreed Monday to let President Trump temporarily ban U.S. entry by refugees and residents of six overwhelmingly Muslim nations if they have no connection with family members or institutions in the United States.

Travel Ban
SCOTUS Splits the Travel Ban Baby [Slate / Bloomberg / The Atlantic / Justia, 6/26/17]: The Supreme Court's ruling doesn't make much sense as a matter of law; That may be good for 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:

Partisan Gerrymandering [Gerard Magliiocca in Concurring Opinions, 6/26/17]: Now that we know Justice Kennedy is not retiring this year, I would like to comment on the case that the Court will hear next Term upcoming on whether partisan gerrymandering can violate the Constitution. 

Legislation and the Legislative Process (TOPIC 20)

Senate Obamacare repeal on brink of defeat [Politico, 6/26/17]: At least four Republicans could oppose a key procedural vote to call up the bill. And the party remains deeply divided after a CBO report estimating 22 million fewer Americans would have insurance under the plan.

California Assembly leader Anthony Rendon's decision to shelve single-payer healthcare angers progressive activists [KQED, 6/26/17]: Assembly Speaker Anthony Rendon’s abrupt decision Friday to sideline a bill that would have established single-payer healthcare in California roused a swift and fiery backlash from the measure’s supporters, who accused the Democrat from Paramount of unilaterally blunting the effort for sweeping overhaul of the state’s healthcare system. 

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:
Follow the case:

Joe Arpaio’s Criminal Trial Set to Begin Today [CNS, 6/26/17]: After 24 years as the self-proclaimed “America’s toughest sheriff,” Joe Arpaio faces the other side of the legal system Monday as he’s brought to trial on a charge of criminal contempt of court.

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:

Supreme Court allows use of public funds for religious school playground [Jurist, 6/26/17]: The US Supreme Court ruled 7-2 Monday in Trinity Lutheran Church of Columbia, Inc. v. Comer that the Missouri Department of Natural Resources policy of excluding religious organizations from receiving grants violates the First Amendment. The Department offers grants to public and private schools and daycares to resurface playgrounds with material made from recycled tires.

Supreme Court rules on church playgrounds; are vouchers for religious schools next? [EdSource, 6/26/17]: U.S. Secretary of Education Betsy DeVos and other supporters of school choice are hailing a U.S. Supreme Court decision Monday as one more step toward tearing down states’ opposition to tuition vouchers for private and religious schools.

2016-2017 Term Ends: Three First Amendment Victories & cert. grant in religious cake-baker case [Concurring Opinions, 6/26/17]: Read about the 2016-2017 term’s First Amendment Free Expression Opinions.

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:

Masterpiece Cake [Gerard Magliocca in Concurring Opinions / Jurist, 6/27/17]: Another case that the Court will hear next Term involves a baker who refused to make a wedding cake for a same-sex wedding. The state anti-discrimination statute was held to prohibit that refusal and a Colorado court ordered an equitable remedy. On certiorari. the baker is arguing that his Free Speech and Free Exercise rights are violated by that decision.


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