Thursday, September 21, 2017

Posts for September 21, 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:

'Preposterous' Stonewalling By Judicial Nominees Makes a Mockery of Confirmation Hearings [“ACS Blog,” 9/20/17]: Confirmation hearings for top judicial posts – the primary mechanism by which the Senate exercises its constitutional responsibility to "advise and consent" on the appointment of judges – have become laugh-or-cry charades in which nominees endlessly repeat boilerplate explanations for why they can't answer even the most basic questions about their judicial philosophies.

Can companies block employees' class-action lawsuits? [“On Democracy” blog in The Economist, 9/20/17]: The Supreme Court will hear the labour dispute on October 2nd, the first day of the justices' new term.
The consolidated cases are Epic Systems v Lewis, Ernst & Young v Morris and N.L.R.B. v Murphy Oil.

Justice Ruth Bader Ginsburg Remarks at Georgetown Law [C-SPAN, 9/20/17]: Supreme Court Justice Ruth Bader Ginsburg spoke to first year law students at Georgetown Law Center on a variety of legal topics.

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:

San Francisco, Oakland sue major oil companies over rising seas [SF Chron, 9/20/17]: The suits, filed separately Tuesday in Superior Court in San Francisco and Alameda County, claim that a slate of oil, gas and coal producers not only caused the heat-trapping gases that drove sea-level rise but knowingly did so, a challenge akin to litigation against big tobacco companies in the 1990s.

California Sues to Keep Border Wall Off Environmental Fast Track [CNS, 9/20/17]: California Attorney General Xavier Becerra – standing steps from the fence along the U.S.-Mexico border in San Diego – said Wednesday he and the California Coastal Commission have sued the federal government for circumventing state and federal environmental laws in order to speed up construction of the border wall.

The American Presidency [TOPIC 15]

The Constitution Is Passing the Trump Stress Test [Bloomberg, 9/20/17]: Congress and the courts are doing their jobs so far to pull back the president from his worst threats.

The Textual Argument That the President Does Not Hold an 'Office Under the United States' [“The Narrowest Grounds” blog, 9/21/17]: “My intention here has not been to provide anything like a conclusive argument that Presidents are (at least as a textual matter) not officers under the United States.  My intention, rather, has only been to show that there is a strong argument that they are not that needs to be taken far more seriously than it has been, not just because Hamilton prepared a report that supports the view or because Tillman's critics have made spurious claims about the historical record or Tillman himself, but because the text of the Constitution tends to support it.”

Trump’s sloppy handling of his Russia problem is coming back to bite him [Wash Post, 9/20/17]: Special counsel Robert Mueller has requested extensive records from the White House for his Russia investigation, The Post's Carol D. Leonnig and Rosalind S. Helderman are reporting. The request includes 13 categories that are seen as key to the probe. And for many of those 13, President Trump and the White House have nobody to blame but themselves.

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:

How Bernie Sanders is cultivating California for 2020 [Sac Bee, 9/20/17]: Bernie Sanders can’t get enough of California. Sanders, the independent senator from Vermont, barnstormed the Golden State ahead of the June 2016 primary like no presidential candidate in recent memory.

Unsweet Home Alabama [Sabato’s Crystal Ball, 9/21/17]: The state’s brutal primary runoff battle for the GOP Senate nomination enters its final days/

New Jersey Democrats Growing Certainty at the Ballot Box [Sabato’s Crystal Ball, 9/21/17]: But not in the courtroom.

The 2016 Election: An Earthquake or a Hurricane? [Sabato’s Crystal Ball, 9/21/17]: Donald Trump’s 2016 presidential election victory has been compared to an earthquake, a seismic event that toppled fledging dynasties in both major parties, ruptured political alliances, damaged the reputation of pundits, and left millions in shock or depressed. To this day, its after-effects, like tsunamis or landslides that can follow an earthquake, continue to affect domestic politics, not to mention America’s relations with allies and adversaries.

Legislation and the Legislative Process (TOPIC 20)

Latest GOP Health Care Plan Includes Steep Cuts to States [CNS, 9/20/17]: The GOP’s last-ditch effort to repeal and replace former President Barack Obama’s health care law could cut federal funding to states by $215 billion through 2026, and by $4 trillion over 20 years, according to a new study.
Share HR 1628 with your students:

What a difference three days makes: How voters shook up California’s Legislature [CalMatters, 9/20/17]: Something was different this year. As lawmakers in Sacramento approached the last night of their session—the final opportunity to pass or kill bills for the year—they had had three days to figure out how to vote.

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

Who got killed in California in 2016, and why [SF Chron, 9/20/17]: A recently released report on homicides by the California Department of Justice found that killings around the state jumped 3.7 percent from 2015 to 2016, but were down 14.5 percent from a decade ago. It also offered a look at the nature of killings last year.

Massachusetts top court rules field sobriety tests not definitive for marijuana impairment T[Jurist, 9/20/17]: he Massachusetts Supreme Judicial Court ruled Tuesday that evidence of a field sobriety test is not conclusive evidence of driving under the influence of marijuana. The court found that although there is clear scientific evidence that the field sobriety test performance can be used to measure blood alcohol content of at least 0.08 percent, no scientific evidence exists showing the correlation of performance on the sobriety tests and marijuana intoxication.

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:

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:

Yes, the Political and Economic Issue of Our Time Really Is Inequality [Justia, 9/21/17]: Professor Buchanan argues that economic inequality is the political and economic issue of our time, and now is the perfect opportunity for Democrats to push toward a solution. Buchanan decries the claim that the correct path is to triangulate between the policies of the left and the right and explains why now, more than ever, progressive policies are the best response.

Masterpiece Cakeshop and the Effort To Rewrite Smith and its Progeny [“Take Care” bog, 9/21/17]: The doctrinal importance of the difference between laws targeting religion and laws incidentally burdening religion may seem obvious to many legal observers. After all, it has been 27 years since the Court famously distinguished between laws imposing targeted burdens and incidental burdens in Employment Division v. Smith, explicitly mentioning civil rights laws as an example falling into the latter, non-suspect category. 

EEOC Sues Texas Doctor for Religious Discrimination [CNS, 9/21/17]: A Dallas-area medical practice fired four employees for refusing to attend morning Bible discussions or after judging their personal lives, the Equal Employment Opportunity Commission said Wednesday in a federal lawsuit.

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

Protests, tensions intensify in Spain as date for secession vote approaches in Catalonia region [Jurist, 9/21/17]: Numerous raids on government and corporate headquarters in the Catalonia region of Spain, which includes the city of Barcelona and has a population around 7.5 million, have led to widespread protesting and increasing tension between police and civilians.

UN opens treaty prohibiting nuclear weapons for signature [Jurist, 9/20/17]: The UN opened a treaty for signature on Wednesday prohibiting a wide range of nuclear weapon-related actions. The Treaty on the Prohibition of Nuclear Weapons was adopted during a UN conference in July by a vote of 122 to 1. 


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