Wednesday, October 4, 2017

Posts October 4, 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:

The Authority of the Court [“Balkinization” blog, 10/3/17]: The Justices of the Supreme Court are nine of the most powerful people on the face of the earth.  Yet it seems to be their lot to be forever anxious that exercising their power might undermine it.

The New term:
Gorsuch's Rejection of a Politicized Executive Branch [Bloomberg, 10/4/17]: When the Trump administration is challenged for crossing legal lines, how will the new justice vote?
Gorsuch Could Disappoint Conservatives On Immigration [538, 10/3/17]: He is poised to serve as the tie-breaking vote in the two cases, which were heard last year when the court had only eight justices.
Fearing his retirement, liberals hope Anthony Kennedy can help resist the conservative tide [CNN, 10/2/17]: It's all about Anthony Kennedy. As lawyers prepare for a blockbuster Supreme Court term that will feature a constitutional scholar's dream docket of issues, some aren't even trying to hide their game. Lawyers are tailoring their arguments to the justice -- peppering court papers with references to his jurisprudence. If they could, they'd feature his picture on the front page of legal briefs.
In partisan times, chief justice worries about the court's image [CNN, 10/3/17]: During heated Supreme Court arguments Tuesday over whether the justices should take up challenges to politically gerrymandered voting districts, Chief Justice John Roberts confessed what matters to him. It comes down to how things look and what people think.

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 OK's Iowa's Abortion Waiting Period [CNS, 10/3/17]: Ruling against Planned Parenthood, an Iowa judge found Monday that the state’s newly amended abortion law requiring a 72-hour waiting period does not impose an undue burden on women seeking the procedure.

The American Presidency [TOPIC 15]

Trump brings harsh edge to Puerto Rico trip [Politico, 10/3/17]: President Donald Trump brought a jarring tone to Puerto Rico as he toured the hurricane devastation Tuesday, appearing to blame the U.S. territory for having “thrown our budget a little out of whack” and complimenting officials for sustaining only 16 deaths, compared with the much higher human toll of Hurricane Katrina.

What’s Different—And What Isn’t—About Travel Ban 3.0 [Justia, 10/4/17]: Professor Dorf describes some of the key similarities and differences between the most recent iteration of President Trump’s ban on entry to the US by certain foreign nationals (“Travel Ban 3.0”) and earlier versions, and considers whether these differences will affect the determination of the policy’s legality. Although the Supreme Court might not ultimately be the court that answers the question, Dorf points out that we may have an answer before too long.

Could Joe Arpaio Break the Presidential Pardon? His case is still alive [Politico, 10/4/17]: It could test the limits of pardon power -- and not just for 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:

A View from the Courtroom: A big windup on partisan gerrymandering [SCOTUS blog, 10/3/17]:  There is some extra wattage here this morning for arguments in one of the marquee cases of the new term, Gill v. Whitford, about the constitutionality of partisan gerrymandering. This a great, short read that students of the Court will enjoy. The 2nd article is more technical about the case argued.

With Justice Kennedy Seriously Considering Being the 5th Vote to Rein in Partisan Gerrymandering, The Chief Justice Worries About the Political Thicket [Election Law blog, 10/3/17]: “Perhaps most interesting to me about the argument aside from Justice Kennedy’s lean was the Chief Justice’s professed concern that having courts deciding these partisan gerrymandering cases would inject the courts too much in the political thicket and harm the courts’ legitimacy.”
Supreme Court debates politics, and Kennedy's silence speaks volumes [USA Today / Politico / CNS, 10/3/17]: The Supreme Court's conservative justices were in a lather Tuesday over the potential repercussions of a ruling that would force judges to insert themselves into the political business of drawing election maps. But Justice Anthony Kennedy just leaned back in his leather chair and smiled.

Gerrymandering and Association [SSRN, 10/3/17]: This article argues that the First Amendment expressive right of association prohibits excessive partisan gerrymanders

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

Bringing the party to the Supreme Court in a case about searches and arrests [Wash Post, 10/3/17]: One of the most buttoned-up institutions in the country will wrestle with the free-for-all culture of the house party as the Supreme Court hears a case set for Wednesday that began in a brick duplex in the District.

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:

U.S. Supreme Court to rule on key First Amendment cases in fall term [FAC, 10/3/17]: In its new term, the U.S. Supreme Court is slated to rule on two First Amendment issues, the first concerning mandatory union dues which a state governor worker in Illinois claims violates his free speech rights. 

White supremacists deserve free speech, California lawmakers told [AP / FAC, 10/3/17]: California is home to the largest skinhead population and the most developed white supremacist gangs in the country, the Anti-Defamation League told state senators during a hearing at the Capitol on Tuesday.

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]

Supreme Court hears oral arguments in immigration detention case [Jurist, 10/4/17]: The Supreme Court heard arguments in Jennings v. Rodriguez, a case which will determine whether or not non-citizen aliens may be held indefinitely without a bond hearing on Tuesday. The case is Jennings v. Rodriguez.

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