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Last night, I watched Invalidated, Tea Party Patriots’ new documentary about the patent system. The documentary does a good job laying out how the Patent Trial and Appeal Board – PTAB, as it’s known - is harming U.S. inventors and allowing American ingenuity to slip away to other countries. Ironically, communist China might end up with a stronger patent protection system than the United States.
Article I, Section 8 of the U.S. Constitution guarantees patent protection, giving inventors exclusive rights to their discoveries. The documentary emphasizes that investors always ask inventors whether they have a patent and will not put money behind an invention unless they do. Enter the America Invents Act of 2011, which established PTAB. PTAB is an administrative tribunal that has the power to invalidate patents that have already been granted, even if they have been upheld by courts and juries. As shown in the documentary, one wing of the U.S. Patent and Trademark Office awards patents after thorough examination while another wing of the USPTO – PTAB – is very much inclined to invalidate them. This works to the advantage of shady operators and big companies who use PTAB to steal inventors’ ideas and rob them of any hopes of profiting from their own inventions. Arguments against the constitutionality of PTAB were heard in the Supreme Court this year. Jenny Beth Martin discussed the Oil States case in an editorial late last year. Unfortunately, the Court went on in April 2018 to reject certain constitutional challenges to PTAB. Relying on previous Supreme Court precedent, Justice Clarence Thomas writing for the majority reiterated that the Supreme Court considers patents a mere “public franchise” like a concession to operate a city bike-share program – thus relegating patents to second-class status instead of recognizing them as full-fledged property rights. As second-class rights, patents can be awarded and invalidated wherever Congress locates that power, and courts need not necessarily be involved, thus shooting down the separation of powers argument. The Supreme Court said that prior cases calling patents ‘property rights’ are “best read as describing the statutory scheme that existed at that time.” Also, the Framers had to have been aware that an administrative Privy Council had the power to cancel patents in England in the 18th Century, but did not expressly exclude such administrative action in the Patent Clause in the U.S. Constitution. The Court did say that patents remain property rights for purposes of the Due Process and Takings clauses. Gee, why am I reminded of the Obamacare case where the Court said it was a tax but not a tax? Such judicial backflips suggest that the Court just wanted to reach a certain result and nothing was going to stand in its way. The Court finished off its opinion by giving short shrift to the 7th Amendment challenge under the same reasoning. Because patents are second-class rights that can be awarded and invalidated administratively, there is no right to a jury trial even though the 7th Amendment explicitly states that the right to take your case to a jury is guaranteed in lawsuits where the amount in controversy exceeds $20. Losing a patent can cost an inventor millions, if not billions, of dollars. So here we have the Supreme Court treating patent rights like taxi medallions, which a taxi commission can grant or take away on a whim because they’re not really property rights. That just seems wrong to me, since patent protection was explicitly written into the Constitution and taxi medallions are not. What part of “exclusive Right” in the Patent Clause does the Supreme Court not understand? It seems wrong to Justice Neil Gorsuch, as well. He noted in his dissenting opinion in the Oil States case that the practice of administratively canceling patents in the Privacy Council had disappeared by 1746, decades before the U.S. Constitution was written. Patents may have started as “public franchises” in English law way back when, but were accorded much more respect by the time of our Founding than were ordinary “public franchises” – like government-granted monopolies to operate toll bridges. Patent holders at that time, for example, had the right to go before an independent court. After Oil States, they still do but the judgments they receive in court can be wiped out later by the administrative tribunal PTAB. That’s just bizarre, which suggests to me another constitutional challenge against PTAB which has yet to be made – if patents are still property rights for due process purposes as Justice Thomas wrote, how can they be taken away by an administrative agency after a court has already upheld them? How is that not a denial of due process of law? It might not be double jeopardy, because it’s not a criminal matter, but it’s every bit as unfair as trying a criminal defendant twice for the same crime. Folks, we have another administrative monster on our hands, every bit as bad as IPAB under Obamacare – the decisions of which, purportedly, Congress could not reverse – and the CFPB (the Consumer Financial Protection Bureau) which was set up with one person at the helm not subject to removal by the President. Where does Congress come up with this stuff? The Supreme Court won’t be persuaded to elevate the status of patent rights any time soon, so the PTAB mess cries out for a legislative fix. Representative Thomas Massie, Republican of Kentucky, has introduced a bill to repeal PTAB. Massie and Jenny Beth Martin discussed the bill and other legislative fixes in a joint editorial in July 2018. I highly recommend Tea Party Patriots’ documentary. It’s obvious something needs to be done about PTAB. Our prosperity and economic freedom depend on it. Albuquerque’s civil asset forfeiture program declared unconstitutional (Constitution news round-up)8/8/2018
14A Presumption of Innocence – Albuquerque’s civil asset forfeiture program declared unconstitutional; gov’t attorneys caught on tape calling it a “gold mine” https://freebeacon.com/issues/federal-judge-declares-albuquerques-vehicle-seizure-program-unconstitutional/?utm_source=Freedom+Mail&utm_campaign=126b21d20e-EMAIL_CAMPAIGN_2018_08_02_12_18_COPY_01&utm_medium=email&utm_term=0_b5e6e0e9ea-126b21d20e-45628225 2A: NRA sues NY Governor for denying First Amendment speech rights (Query: does urging banks not to deal w/NRA burden fundamental rights? ‘Burden’ argument often made in abortion cases.) https://townhall.com/tipsheet/cortneyobrien/2018/08/06/nra-says-gov-cuomo-cost-them-millions-with-lawsuit-n2507176 5A,9A: Supreme Court greenlights climate change case, but warns not to let it get out of hand. Constitutional right to a “sustainable environment”? Sure. https://www.breitbart.com/big-government/2018/08/02/kennedy-retires-supreme-court-lets-climate-change-case-proceed/ 14A Due Process: federal appeals court OKs challenge to California’s felony murder statute; “inherently dangerous felony” unconstitutionally vague? (argument helped by Gorsuch opinion in 2018 immigration case) http://www.libertylawsite.org/2018/06/12/gorsuch-tries-unsucessfully-to-restore-the-contract-clause/ 1A Religion: motion to dismiss in Detroit female genital mutilation case to be heard next month. https://www.freep.com/story/news/local/michigan/detroit/2018/08/06/genital-mutilation-case-doctor/910764002/ 1A: left-wing professors’ association starts resistance group to attack state laws guaranteeing free speech on campus https://www.thenewamerican.com/culture/education/item/29707-university-professors-join-forces-to-kill-1st-amendment-on-campus 1A: Liberty High School in Oregon gives up fight against student it barred from wearing Trump t-shirt; pays $25,000 and apologizes http://reason.com/volokh/2018/07/26/school-district-provides-25k-apology-to Dems circulating authoritarian proposals to regulate the Internet under the guise of fighting Russian interference. http://bwcentral.org/2018/08/senate-democrats-are-circulating-fascist-plans-for-an-unconstitutional-government-takeover-of-the-internet/ Shame! Sen. Chris Murphy (D-CT) calls for social media to ban all sites ‘spreading hate and lies’ because ‘survival of democracy’ depends on it. No, our Republic depends on the survival of free speech. https://www.washingtonexaminer.com/news/survival-of-our-democracy-depends-on-banning-sites-like-infowars-democratic-senator-says SPLC amps up war on free speech, condemns Constitution and free speech that inspires people, for example, to shoot up the Family Research Council and attempt to kill Congresmen on a baseball field. Oops! #SweepYourOwnDoorstep https://www.splcenter.org/news/2018/08/02/weekend-read-when-constitution-just-pretext-and-%E2%80%9Cfree-speech%E2%80%9D-being-defended-threat 1A Free Press: courts generally uphold videotaping of police officers in public, but what about haranguing a mail carrier? http://reason.com/volokh/2018/08/04/videorecording-public-servants-in-public 1A Free Press: New Jersey to spend millions to prop up small struggling newspapers; bad move. #ShadesOfPravda https://www.dailysignal.com/2018/08/06/new-jersey-budgets-5m-to-prop-up-community-newspapers/?mkt_tok=eyJpIjoiWWpBMVpETXpZMlV5WWpRMyIsInQiOiJUZ3ZWZXNGWWxQTlFKXC9ZRlc3NHZOM2FhencxWTBBRlJUcU9iK2tIVkdGeWl5NWFpS1lrdFpMbXFwR1pEMzRnRmZNSGFqTENMTlE0S3pJNitseU1VNVpCVXpycEhleVJ2MHMzd0JuQzRaVWVJcEdES0JUenNxR2tpR21CYnRlQXoifQ%3D%3D 1A: 28 states ask Supreme Court to uphold 40-foot cross honoring World War I vets (would they feel the same way if it were a 40-foot star-and-crescent?) https://freebeacon.com/culture/fight-cross-honoring-wwi-veterans-broad-impact-memorials-nationwide/?utm_source=Freedom+Mail&utm_campaign=efeb4cd7f4-EMAIL_CAMPAIGN_2018_03_19_COPY_01&utm_medium=email&utm_term=0_b5e6e0e9ea-efeb4cd7f4-45628225 2A: “Building a Church Safety/Security Team: Keeping Your People Safe and Secure in 2018” WATCH BELOW https://www.youtube.com/watch?v=H63Iyb1chrU&feature=youtu.be 4A: Michigan Supreme Court orders trial court to determine whether practice of photographing and fingerprinting people ‘as needed’ without probable cause violates the Fourth Amendment. http://courts.mi.gov/Courts/MichiganSupremeCourt/Clerks/Recent%20Opinions/17-18%20Term%20Opinions/156057-8.pdf Eminent Domain: Government pushes ahead with plans to change constitution to allow seizure of land from white people without compensation. Then I realized I was trapped in one of Justice Ginsberg’s dreams. https://www.reuters.com/article/us-safrica-politics-land/south-africas-anc-to-amend-constitution-to-allow-land-expropriation-idUSKBN1KL2VN 9A: This might be the first rally for the Ninth Amendment in history, but El Paso demonstrators are sadly mistaken in thinking it guarantees their “right to be happy” https://kfoxtv.com/news/local/el-pasoans-gather-in-san-jacinto-plaza-for-march-for-our-rights 10A: why is it the party out of power always discovers the virtues of federalism? California agitating for its right to impose stricter auto emission standards than the feds (thereby dictating what the rest of the country will drive?) https://www.nysun.com/national/states-rights-emerges-as-slogan-of-the-left/90347/ 13A: whether banning hate crimes is a good idea or not, the Thirteenth Amendment doesn’t get you there, brief argues. 13A confers no power to uproot ‘incidents’ of slavery. http://reason.com/volokh/2018/07/26/metcalf-v-united-states-gives-the-suprem 14A Equal Protection: article argues against Obama-era claim that 1965 regs give Department of Education all-purpose authority to go after all school actions having disparate impact on minorities http://reason.com/volokh/2018/08/08/the-department-of-educations-obama-era-i 14A: U.S. court orders New Orleans to give criminal defendants a ‘neutral forum’ to prove they can’t pay fines or fees before throwing them in jail for unpaid amounts https://www.theadvocate.com/new_orleans/news/courts/article_92c18cda-9754-11e8-8ab4-d326e5f47bbc.html 14A Due Process: U.S. appeals court declares Louisiana statute banning the threatening of public employees with lawsuits or complaints unconstitutionally overbroad http://reason.com/volokh/2018/08/07/can-it-be-a-crime-to-intimidate-police-o Article II: lawsuit alleges Trump’s actions on Obamacare amount to a failure to faithfully execute the laws https://www.nbcnews.com/politics/donald-trump/trump-s-undermining-obamacare-violates-constitution-new-lawsuit-charges-n896626 Chevron Deference: Supreme Court is asked to take case to rein in judicial deference granted to agencies to interpret statutes; FCC changed its mind 3 times as to what a federal law means https://www.dailysignal.com/2018/08/01/this-case-presents-perfect-opportunity-for-courts-to-push-back-on-federal-agencies/?mkt_tok=eyJpIjoiTlRNM05qRmxOR1UxT0dWaSIsInQiOiJWcVZJOFFpeXBPNk8ycmExc2hZZ3VWK2EwcWpHd0h6UXlLS3F1ZlpnaGpQcE1pQ3lFY3ZQd0hQS1NTNDJIN0pxY09tazJVQzEyXC9qVWdMdUxqZ1NuVEVpb3VHc05MQzVBNFc2TlNlQUVTdGlramZtckdsRlNVWW9zZld4RkgxU0wifQ%3D%3D Patent Trial and Appeal Board (PTAB) seen as enabling big companies to steal the work of inventors; one problem is looser rules than in court; abolition and reforms proposed https://www.washingtontimes.com/news/2018/jul/30/why-the-patent-trial-and-appeal-board-must-be-rein/ WATCH BELOW - Short video explains the problems with federal trial courts issuing nationwide injunctions that go way beyond the parties to a case; dueling injunctions one such problem http://reason.com/volokh/2018/08/02/national-injunctions-an-animated-explain U.S. appeals court agrees with blocking Trump from cutting sanctuary city funding in California, but knocks down nationwide injunction https://www.law.com/therecorder/2018/08/01/sf-wins-sanctuary-fight-against-trump-but-court-tosses-national-injunction/?slreturn=20180708115318 State Constitution / Economic Freedom: doctor sues to overturn North Carolina’s Certificate of Need law as unconstitutional monopoly interfering with his ability to offer MRIs for less https://www.vox.com/policy-and-politics/2018/7/31/17629526/mri-cost-certificate-of-need-north-carolina-lawsuit Rule of Law: “Anarchy Breaks Out in Portland, With the Mayor’s Blessing - A vicious mob targeted the ICE office and even a food cart. The police followed orders to do nothing.” https://www.wsj.com/articles/anarchy-breaks-out-in-portland-with-the-mayors-blessing-1533331454 14A Equal Protection: Portland mayor denies he violated Constitution when city failed to respond to 911 calls from ICE agents during protest https://www.kgw.com/article/news/special-reports/at-the-border/mayor-wheeler-fires-back-after-ice-union-alleges-he-violated-constitution/283-578779506 Federal government did not assert control over immigration policy until the late 19th Century, and proceeded on thin constitutional authority https://www.eurasiareview.com/04082018-more-evidence-us-constitution-does-not-mandate-federal-control-of-immigration-oped/ “Former Prosecutor KrisAnne Hall Warns of Constitutional Ignorance” https://www.thenewamerican.com/usnews/constitution/item/29698-alex-newman-krisanne-hall-red-pill-expo-warns-constitutional-ignorance NY reverses course, restores U.S. flagpoles to highways after veterans complain https://www.dailysignal.com/2018/07/18/highway-flagpoles-up-again-after-veterans-complain-about-removal/?utm_source=TDS_Email&utm_medium=email&utm_campaign=CapitolBell&mkt_tok=eyJpIjoiWkdFeFltVTROV1l5TVdSaSIsInQiOiJtU0dPZUR5Q0VXc1c5b0ZrWExsSnh4aHZKdjUyK0V3R0pSRzBKcDJ6cWNacW5LTFB5M0ZUZ0Qrc2twb0NOOE5UTitZUFc0RnVIV1ZNUWRcL0tlaGFiR3ZCRmRaTFVYVU5UMSswYnZ5eHVkQjJJUTFTOEFYdEt4RXVlMXFKMU5lSDIifQ%3D%3D In May, Illinois became the 37th state to ratify the Equal Rights Amendment. Yes, the Equal Rights Amendment, which Congress sent to the states for ratification in 1972, is still alive and kickin’. The ERA’s supporters maintain that only one more state is needed to fulfill the Article V requirement for ratification by three-fourths of the several States, but that’s far from clear. The ERA has split the feminist movement. Some believe that the Constitution does not currently adequately protect women’s rights. Other feminists oppose the ERA, preferring to keep preferential treatment for women in such things as, alimony, affirmative action preferences for women, set-asides for women-owned businesses in government contracting, and Social Security widow’s benefits. Women’s groups even opposed a ‘mini-ERA’ for these reasons in California in the 1990s. This camp also does not want to see women become subject to the military draft. It should be noted that an Equal Rights Amendment was first proposed in 1921 and was opposed by the early Progressives and Eleanor Roosevelt because it would negate special protections for women in labor law regarding working conditions and hours. Opponents of the ERA, meanwhile, argue that the Constitution already adequately protects women’s rights, citing the 14th Amendment equal protection clause and the fact that such constitutional rights as habeas corpus make no distinction between men and women in their application. Opponents also worry that the ERA, if adopted, could render every pro-life law on the books unconstitutional including parental consent for teen abortion and the Hyde Amendment which prohibits federal funding of abortion. It’s not clear that ratification by a 38th state would put the ERA over the top, for several reasons. First, Congress set a deadline for the states to ratify the ERA and not enough states voted it up in the time allotted. Congress even extended the deadline and the ERA still fell short of the number of states required. Some argue that the failure to get enough states in the time periods prescribed is a fatal defect. In a 1921 case [Dillon v. Gloss], the Supreme Court upheld the constitutionality of a congressional time limit for ratification of a pending constitutional amendment. [Chemerinsky, Constitutional Law – Principles and Policies, 4th Ed. 2011, at p. 148]. The counter-argument is the fact that the 27th Amendment dealing with Congressional pay raises was first proposed in 1789 but not ratified until 1992. Second, five states have voted to rescind their earlier ratifications of the ERA and it is disputed as to whether not these disavowals have any legal effect. The legality of the Congress’ extension of time and the ability of states to rescind went to the Supreme Court in a 1982 case [National Organization of Women v. Idaho], but the Court dismissed it as moot because the deadline had expired. Third, there remains the issue that was litigated in the 1982 case where the lower court had found that Congress’ extension of time was unconstitutional because it was passed by majority vote, not two-thirds of both houses. [Chemerinsky, p. 149]. Things could get very messy if a 38th state ratifies the ERA. This could easily happen. The measure is actively being pushed in Florida, Virginia, North Carolina, and Arizona. If a 38th state ratifies, Congress would still have to declare the ERA part of the Constitution, but Congress could balk on the grounds that its two deadlines have already passed. If a court rules that states are not able to rescind their ratifications, other dormant proposed Constitutional amendments would come to life, including proposals having to do with D.C. voting rights, child labor, and titles of nobility. One or more of these questions could end up in the Supreme Court which has dodged such questions half the time throughout our history by invoking the political questions doctrine which holds that such questions should be resolved by the political branches of government, not the courts. [See also Chemerinsky at p. 148] The situation has the potential for high drama, so stay tuned. It may sound bad, but the country has been through worse. The 14th Amendment was deemed adopted even though it would have failed without counting the votes of the Southern states that were coerced into ratifying it on pain of being denied readmission to the Union and also the votes of two states that had rescinded their approval [id.] I guess nothing’s perfect in this world, not even the Rule of Law. 1A,11A: San Jose officials fail to knock out suit involving hundreds of Trump supporters beaten by mob after city issued police stand-down order
https://theconservativetreehouse.com/2018/07/27/federal-appeals-court-trump-supporters-lawsuit-against-san-jose-california-will-proceed/ 1A,2A: federal judge temporarily blocks posting of 3D gun blueprints on the Internet https://www.statesman.com/news/seattle-judge-blocks-austin-company-from-posting-gun-blueprints/JomgZw36Ty93lDKDdYgPfK/ Separation of Powers: Trump admin suffers defeats in Chicago and California sanctuary cities cases; executive conditions on appropriated grant money unconstitutional http://reason.com/volokh/2018/07/27/trump-and-jeff-sessions-suffer-yet-anoth + https://www.washingtontimes.com/news/2018/aug/1/us-appeals-court-trump-sanctuary-cities-order-is-i/ Emoluments: federal judge rules against Trump in Emoluments Clauses case; foreign officials paying to stay at Trump hotel is unconstitutional under court’s theory http://reason.com/volokh/2018/07/25/dcmd-suit-against-trump-over-emoluments State Constitution: referendum to split up California removed from November ballot; partition can’t be done by mere statute http://reason.com/volokh/2018/07/18/california-supreme-court-removes-questio 1A: Sessions says DOJ ‘not slowing down’ in pursuit of religious liberty, cites protection of mosques https://www.justice.gov/opa/speech/attorney-general-sessions-delivers-remarks-department-justice-s-religious-liberty-summit 1A: Trump Justice Department continues to advocate for free speech on campus https://www.dailysignal.com/2018/07/25/justice-department-weighs-in-to-protect-free-speech-on-campus/ 1A: San Antonio firefighters sue city over free speech zones which, they say, frustrate their right to gather signatures for petition https://sanantonioteaparty.us/san-antonio-professional-firefighters-file-lawsuit-against-city-of-san-antonio/ 1A: National Abortion Federation drops some claims in tactical move to speed up permanent gag order against baby parts videographer David Daleiden http://www.lifenews.com/2018/07/24/court-drops-bogus-charges-against-david-daleiden-for-exposing-planned-parenthood-baby-part-sales/ 1A: abortion protesters defeat NY Attorney General’s attempt to silence them; judge finds state witnesses exaggerated claims, destroyed evidence, set up fake Facebook account to spy on defendants http://www.lifenews.com/2018/07/23/13-pro-life-christians-defeat-new-york-attorney-generals-attempt-to-take-away-their-free-speech/ Free Speech: “'Trigger warnings' may undermine 'emotional resilience,' Harvard study finds” https://www.washingtontimes.com/news/2018/jul/30/trigger-warnings-undermine-emotional-resilience/ 1A: Oberlin College tried to obtain conservative website’s communications with journalistic sources in defamation case https://www.thecollegefix.com/post/46690/ 1A: U.S. appeals court rules against Christmas ads on city buses; declining all ads on particular subject matter does not suppress any one viewpoint; appeal to Supreme Court likely. https://www.law.com/nationallawjournal/2018/07/31/verrilli-tops-clement-as-dc-circuit-rejects-christmas-ads-on-city-buses/?slreturn=20180631192119 2A: U.S. court rules Hawaii may not limit open carry licenses to persons who are security guards http://reason.com/volokh/2018/07/24/ninth-circuit-upholds-right-to-licensed 2A: almost 500 (so far) forced to surrender firearms under Florida’s gun confiscation program adopted after Parkland shooting. #HardFactsMakeBadLaw http://bwcentral.org/2018/07/florida-launches-gun-confiscation-program-467-forced-to-surrender-guns/ 14A: federal appellate court ruling on Alabama minimum wage law shows danger of inferring discriminatory impact and intent on sliver of evidence and declaring ‘once a sinner, always a sinner’ https://www.nationalreview.com/bench-memos/loopy-eleventh-circuit-ruling-against-state-minimum-wage-law/ 14A: Further incidents fuel emerging issue of political bias in public accommodations (black conservatives were denied Uber service; government-run county fair in UK kicks out pro-life group) https://www.ebony.com/news-views/black-conservatives-uber-maga-hats?utm_source=facebook.com&utm_medium=social&utm_content=link + http://www.lifenews.com/2018/07/23/government-run-fair-kicks-out-pro-life-group-secretly-dismantles-its-display-overnight/ 14A: Reagan official criticizes op-ed against birthright citizenship, arguing it misinterprets “under the jurisdiction thereof”. Editorialist responds http://thehill.com/opinion/immigration/399118-latest-assault-on-constitutional-birthright-citizenship-is-clever + https://www.claremont.org/crb/basicpage/birthright-citizenship-a-response-to-my-critics/ Nation celebrates 150th anniversary of 14th Amendment, but some act like it’s still 1861 https://www.colorlines.com/articles/education-today-marks-150th-anniversary-14th-amendment Shame! Ruth Bader Ginsburg film says word ‘freedom’ not in the Constitution, but “freedom of speech” right there in the First Amendment. https://thefederalist.com/2018/07/17/ruth-bader-ginsburg-movie-claims-freedom-is-never-mentioned-in-the-constitution/ Shame! Maxine Waters supporters use First Amendment rights to stomp, burn U.S. flag, trash America. (and you’re going to replace the First Amendment with ... what, exactly?) https://www.powerlineblog.com/archives/2018/07/maxine-waters-supporters-burn-the-flag.php?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+powerlineblog%2Flivefeed+%28Power+Line%29 Federal Housing Finance Agency structure ruled unconstitutional (Constitution news round-up)7/18/2018
Separation of Powers: U.S. appeals court finds Federal Housing Finance Agency structure unconstitutional - “headed by a single Director removable only for cause, does not depend on congressional appropriations, and evades meaningful judicial review.”
https://reason.com/volokh/2018/07/16/federal-court-holds-fhfa-unconstitutiona Art 1 Sec 8 Naturalization – in preliminary ruling, U.S. judge declines to strip citizenship from Pakistani-born Al Qaeda Brooklyn Bridge plotter https://www.politico.com/blogs/under-the-radar/2018/07/16/citizens-terror-denaturalization-al-qaeda-725963 1A: In win for free speech, IRS exempts charities from disclosure of donor names and addresses https://www.wsj.com/articles/an-irs-advance-for-speech-privacy-1531783998 1A: federal appeals court rules most injunctions against libel are unconstitutional prior restraints; law unsettled, Supreme Court will have to weigh in http://reason.com/volokh/2018/07/11/first-circuit-holds-most-modern-anti-lib 1A/4A: civil libertarians questioning NYPD’s combing through social media tweets to use in arrests and gang takedowns http://www.brennancenter.org/blog/when-facebook-lands-you-jail 1A Religion: federal appeals court permanently blocks trial judge’s order granting abortion chain’s demands for private communications of non-party Texas bishops https://www.nationalreview.com/bench-memos/fifth-circuit-blocks-outrageous-discovery-order-against-texas-catholic-conference/ 1A: teen who told her boyfriend to kill himself claims it was free speech https://www.collegemedianetwork.com/teen-who-urged-boyfriends-suicide-through-text-says-it-was-free-speech/ Free Speech: U of Minnesota considers expelling students for failing to use preferred transgender pronouns. (Phase 1: make your ideas ubiquitous. Phase 2: shut everyone else down and crack their heads.) #FreeYourInnerFascist http://www.wnd.com/2018/07/college-may-punish-incorrect-use-of-gender-pronouns/?cat_orig=education Free Speech: Use the harm of ‘offensive’ speech to curb free speech? Think again: “Nazis with the freedom to speak can cause less harm than Nazis with the power to regulate speech.” https://quillette.com/2018/07/11/free-speech-doesnt-protect-nazis-it-protects-us-from-nazis/ 1A: a ‘right to be forgotten’ – when it results in orders to media to delete archived stories - is inconsistent with the First Amendment http://reason.com/volokh/2018/07/16/tv-station-ordered-to-expunge-archived-s 2A: federal appeals court upholds preliminary injunction against California’s ban on high capacity magazines http://reason.com/volokh/2018/07/17/second-amendment-injunction-against-cali 2A: gun groups sue California for botching online gun registration system and putting people who attempted to comply at risk of arrest http://freebeacon.com/issues/gun-rights-groups-sue-california-over-registration-failures-that-could-result-in-gun-owners-being-locked-up/?utm_source=Freedom+Mail&utm_campaign=988db41476-EMAIL_CAMPAIGN_2018_07_12_09_36_COPY_73&utm_medium=email&utm_term=0_b5e6e0e9ea-988db41476-45628225 2A: vet fights warrantless seizure of his registered guns and wins https://freedomoutpost.com/cops-attempt-to-seize-veterans-guns-with-no-warrant-but-he-refuses-to-submit-and-wins/ 2A: Yes, they ARE coming for your guns. NY Dem candidate laments she can’t come out as a gun-grabber until after the election http://freebeacon.com/politics/new-york-democrat-candidate-says-wants-certain-guns-banned-private-meeting-wont-say-publicly/?utm_source=Freedom+Mail&utm_campaign=4beeef084c-EMAIL_CAMPAIGN_2018_07_13_06_45_COPY_01&utm_medium=email&utm_term=0_b5e6e0e9ea-4beeef084c-45628225 2A: if illegal alien girls stepping one toe over the border have due process rights to abortions, don’t they also have the right to bear arms? #CarefulWhatYouWishFor https://www.cnsnews.com/commentary/terence-p-jeffrey/does-alien-caught-border-have-right-bear-arms 4A: mass strip-search of 22 middle-school girls unconstitutional, federal appeals court rules https://www.thenewamerican.com/usnews/constitution/item/29506-schools-2013-strip-search-sixth-graders-finally-ruled-unconstitutional 5A Eminent Domain: Kelo one of the worst decisions ever; will Kavanaugh stand up for property rights? https://americanpolicy.org/2018/07/17/will-brett-kavanaugh-stand-for-property-rights/?mc_cid=c7cf8ae2d7&mc_eid=d08e7ded69 8A: U.S. appeals court rules there is no constitutional right to cash bail in lieu of non-monetary conditions for pre-trial release https://www.law.com/njlawjournal/2018/07/09/3rd-circuit-shackles-constitutional-challenge-to-nj-bail-reform-law/?slreturn=20180616065512 10A: activists gathering signatures for ballot initiative to reverse California immigration policies; stunning number of signatures gathered in Oregon for anti-sanctuary measure https://www.sacbee.com/news/politics-government/capitol-alert/article214451294.html + https://www.washingtontimes.com/news/2018/jul/11/stop-oregon-sanctuaries-fight-sanctuary-state-aim-/ 14A: New Hampshire Governor signs voter residency requirement into law after state high court advises it’s constitutional https://www.concordmonitor.com/In-3-2-decision-Supreme-Court-upholds-constitutionality-of-voting-residency-bill-18791151 14A Equal Protection: unprecedented and confusing - U.S. judge finds Jews are a ‘race’ entitled to civil rights protection on the basis of race. My question: Are Moroccan Muslims the same ‘race’ as Indonesian Muslims? CAIR wants you to think they are. https://www.algemeiner.com/2018/07/17/in-historic-ruling-us-judge-finds-jews-entitled-to-race-based-civil-rights-protections/ 14A: another case of political bias in public accommodations (Uber) – is this what we want? http://dailycaller.com/2018/07/16/exclusive-young-republicans-dumped-at-a-random-gas-station-by-anti-trump-uber-driver-speak-out/ ERAUSANOW TITLEIX @ERAUSANOW Jul 12 Replying to @LiberatoUS You are sadly mistaken Liberato.US @LiberatoUS Jul 12 Amendments: the Constitution already protects women; Equal Rights Amendment is useless and dangerous 7/18 response: Well, that was clear as mud. Not well argued. BTW: what happened to your website (ratifyera.org)? Did you lose your funding? Oshtur @Vishanti Jul 12 Replying to @LiberatoUS No, all it does is say there must be religious neutrality in applying the law. A complaining parent should be treated the same whether their complaint originates from religion or secular prudery, that’s all. Liberato.US @LiberatoUS Jul 12 Using Masterpiece to full advantage: constrains public agency treatment of religious belief; could block teaching radical sex ed agenda to schoolchildren http://www.missionamerica.com/article/free-school-sex-ed-slaves-after-cakeshop-decision/ … 7/18 response: If that were true, Justice Kennedy would not have gone on at length about public officials’ hostility towards religion being fair game. Good luck confining Masterpiece to your overly-narrow reading. 14A Due Process: NY court reminds everyone that student disciplinary proceedings are not kangaroo courts and do require due process http://reason.com/volokh/2018/07/15/court-feels-compelled-to-express-dismay Appointments clause: U.S. judge says members of Puerto Rico financial oversight board constitutionally appointed https://www.reuters.com/article/us-usa-puertorico-lawsuit/us-judge-nixes-move-to-toss-puerto-rico-bankruptcy-case-idUSKBN1K400E State Constitution: class action alleges student fees contravene Idaho guarantee of free public education https://www.ktvb.com/article/news/education/class-action-lawsuit-charging-idaho-students-fees-is-unconstitutional/277-573723828 14A birthright citizenship seen as negating threat blacks would be forcibly removed, thus transforming the country http://time.com/5324440/14th-amendment-meaning-150-anniversary/ “Happy 150th Birthday, 14th Amendment” – hear the story of its origins, drafting, and ratification https://constitutioncenter.org/blog/happy-150th-birthday-14th-amendment New short video from Potomac Tea Party: Citizens, Give Up Your Guns! - Why We Have the Second Amendment
https://www.potomacteaparty.com/videos.html Travel Ban? Sanctuary Cities? Everything You Always Wanted to Know about Immigration and the Constitution (radio archive) http://www.blogtalkradio.com/americanstatesman/2018/07/11/american-freedom-watch-radio--chris-wright 10A: preliminary ruling knocks down most of Trump effort against California sanctuary state laws, but employers may still cooperate with ICE https://www.politico.com/story/2018/07/05/trump-sanctuary-cities-ruling-695286 Art I, Sec 2 / 14A: lawsuit objecting to citizenship question on census allowed to proceed https://www.washingtonexaminer.com/policy/courts/manhattan-judge-says-lawsuit-challenging-census-citizenship-question-can-move-forward + It’s all about the money. https://ag.ny.gov/sites/default/files/complaint.pdf 14A Due Process: suit against Trump campaign and Roger Stone for DNC email hack dismissed for lack of personal jurisdiction https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2017cv1370-72 Janus fall-out: Supreme Court removes bar against class actions against unions for recovery of forced dues https://www.washingtonexaminer.com/policy/courts/supreme-court-throws-out-ruling-riffey-case-protections-unions-class-action-lawsuits Art I, Sec 8: measure offered to reclaim congressional authority over tariffs http://www.libertylawsite.org/2018/06/27/tariffs-a-constitutionalist-grows-in-washington/ 1A/14A: Wisconsin Supreme Court rules Marquette U breached employment contract by suspending prof for blog post http://thefederalist.com/2018/07/09/wisconsins-marquette-decision-big-win-free-speech-signals-trouble/ 1A free exercise: Supreme Court orders another look at qualified immunity case brought by woman police ordered to stop praying in her own home https://www.supremecourt.gov/opinions/17pdf/17-742_c185.pdf 1A: Supreme Court takes retaliatory arrest case – is it retaliatory if probable cause to arrest exists, but arrest likely would not have happened without constitutionally protected speech? http://reason.com/volokh/2018/06/28/supreme-court-trying-again-on-the-first Chuck Schumer Asks If Mosques Will Be Monitored For “Hate Speech” - Gets Threatened With “Hate Speech” Prosecution For Asking. Then I woke up and realized I live in a country with free speech. https://freedomoutpost.com/uk-lord-asks-if-mosques-will-be-monitored-for-hate-speech-gets-threatened-with-hate-speech-prosecution-for-asking/ FEC itching to further regulate political speech on the Internet; clamp down on viewpoints they don’t like http://thehill.com/opinion/technology/395595-free-speech-means-a-free-internet-even-if-democrats-dont-like-it Free Speech: “Refusal to Use Preferred Gender Pronouns Costs British Doctor His Job” #FreeYourInnerFascist https://www.dailysignal.com/2018/07/09/refusal-to-use-preferred-gender-pronouns-costs-british-doctor-his-job/?mkt_tok=eyJpIjoiWXpnMU5qTmxNRFk1TkRnMiIsInQiOiJFOHlaWEhtXC9QMjk0U1cwaEhHb1k0bHhzaVY5MHRyMWozeG8zNkRjVGtKZU5YSytXaExiTFNtRGZsTjlIak5jZ0labVJrNm9obVpnVzFRTDRqbXZEZ1pmWFZvbXpIeUpkdHRJNm11NVVQUlZaeVwvZHdDNmgxU0d2dTdFQktKUG11In0%3D NYT: Conservatives have too much free speech. It’s just not fair. #FreeSpeechForMeButNotForThee https://www.nytimes.com/2018/06/30/us/politics/first-amendment-conservatives-supreme-court.html The Left is pushing to make free speech a collective right that is the sole property of the government and certain privileged demographic groups, not individuals http://www.freemarketcentral.com/post/14706/new-york-times-declares-that-conservatives-take-unfair-advantage-of-the-first-amendment 1A Establishment of Religion – group files complaint over Bible in POW display at Okinawa naval hospital https://www.military.com/daily-news/2018/06/27/group-files-ig-complaint-against-navy-over-bible-pow-mia-display.html 1A Establishment of Religion – Christian group sues Boston over refusal to allow Christian flag at City Hall during nearby event http://www.bostonherald.com/news/local_coverage/2018/07/christian_group_camp_constitution_is_suing_the_city_of_boston_over_flag 2A: “26 Illinois counties have passed ‘gun sanctuary’ resolutions.” http://www.pjstar.com/news/20180708/26-illinois-counties-have-passed-gun-sanctuary-resolutions-are-they-constitutional 2A: “Republican Gov. Charlie Baker signed a bill on Tuesday allowing for temporary gun confiscation without any due process in Massachusetts” http://bwcentral.org/2018/07/massachusetts-governor-signs-gun-seizure-bill/ 2A: Here’s how many dictators took over the U.S. today – ZERO. Thank you, Framers, for the Second Amendment! Rebutting mindless CBC story here - https://www.cbc.ca/news/thenational/national-today-newsletter-us-gun-violence-1.4722108 2A: UN Programme of Action on small arms is an assault weapon aimed at the U.S. Second Amendment https://www.thenewamerican.com/usnews/constitution/item/29424-us-promises-full-implementation-of-un-gun-control-agreement 4A: conservatives on the Supreme Court continue to misapply the 4th Amendment, failing to rein in administrative subpoenas issued without probable cause. https://www.lifezette.com/polizette/high-court-flubbed-chance-to-stop-bureaucrats-with-illegal-subpoenas/ 8A: Colorado Supreme Court case presents question whether Eighth Amendment (via incorporation doctrine) protects corporations against excessive fines by a state http://reason.com/volokh/2018/07/03/excessive-fines-clause-and-corporations 14A Equal Protection: it’s time to evaluate effects of disparate impact theory (“why does the agency believe disparate impact liability will survive strict scrutiny? What's the compelling interest? [Is] it narrowly tailored to achieve that purpose?” http://reason.com/volokh/2018/07/09/the-trump-administration-should-conduct 14A Equal Protection: group asks for full-Third Circuit review of order opening Pennsylvania school’s restrooms and locker rooms to transgender students https://www.dailysignal.com/2018/07/02/legal-group-appeals-ruling-favoring-opening-pa-schools-restrooms-locker-rooms-to-transgender-students/?mkt_tok=eyJpIjoiWm1JNU1qUmpOakJtTWpNMSIsInQiOiJzOEdHU21KYUNJa3Z3RjgwOHpxT2UwS04yRkFJODFUKzQ5V0xxbzYrYkpjcFhKNUNaOTNwZEpwUGN1djBUSXIwSWpZS1ZkNldaeEIrakh1eVJBM0NQS29JNHZPVTlsNTg3aVVPWUhpZmpYQzJSY2N4aCs4QzFGSGQ1d1BSdSttVSJ9 14A Equal Protection: Trump admin junks Obama guidance promoting race to achieve diversity in college admissions https://www.cnn.com/2018/07/03/politics/trump-administration-college-admissions/index.html Equal Protection – #WalkAway guy was denied service; another case of political bias in public accommodations. Apparently legal in New York. #NewYorkDiscriminates https://heavy.com/news/2018/07/brandon-straka-denied-service-walkaway/ 14A Due Process: federal judge rules there is no fundamental right to learn to read and write in suit against Michigan officials for failing Detroit schools https://www.wzzm13.com/article/news/education/federal-judge-says-theres-no-fundamental-right-to-learn-to-read-and-write/69-569587369 14A Due Process: in victory for Planned Parenthood, preliminary injunction blocks as undue burden Indiana law requiring info on patients with abortion complications https://apnews.com/527f4c13f5744e86b8f2522c5adf8c77/Judge-temporarily-blocks-abortion-reporting-rule-in-Indiana Deference: Mississippi Supreme Court scuttles deference to state administrative agencies http://reason.com/volokh/2018/07/10/mississippi-supreme-court-rejects-chevro Appointments Clause: Russian firm accused of election meddling moves to dismiss case on grounds Mueller unlawfully appointed https://www.rferl.org/a/russian-billionaire-prigozhin-firm-concord-management-internet-troll-factor-moves-dismiss-us-election-meddling-case-mueller-unconstitutional/29320612.html State Constitutions: “Hunting and fishing constitutional amendment passes, heads to NC voters” https://www.wral.com/traditional-methods-what-exactly-would-hunting-and-fishing-amendment-allow-/17653184/ Article V Convention: lawsuit against 2017 Missouri Convention of States resolution dismissed (N.B. – COS hasn’t gotten anywhere this year) https://www.missourinet.com/2018/06/29/lawsuit-against-missouri-legislatures-convention-of-states-resolution-tossed/ Amendments: ‘evolving Constitution’ jurisprudence is stunting the amendment process http://www.libertylawsite.org/2018/06/27/the-problems-with-declaring-procedurally-valid-constitutional-amendments-to-be-unconstitutional/ Amendments: the Constitution already protects women; Equal Rights Amendment is useless and dangerous https://www.dailysignal.com/2018/06/22/the-false-premise-of-the-equal-rights-amendment/?mkt_tok=eyJpIjoiTUdFMU5tRTBNVGxqWkRNeCIsInQiOiIwQzdsQkdjUmduUHhUdDl4bkhURWNPT0RqWlM1aStcL2VHa2NEVHJhWkJyRFFVeHgxTUVcL0t0T3lwbVVpMFJCZTd5RnhoZmNcLzlqbXlHVWVaWkR6M1VGblF1aG5PVVBnSVwvaTZlbUwzc3lsSmhyKytONzRCSGxYMFhkMFppOGdOZ3IifQ%3D%3D Using Masterpiece to full advantage: constrains public agency treatment of religious belief; could block teaching radical sex ed agenda to schoolchildren http://www.missionamerica.com/article/free-school-sex-ed-slaves-after-cakeshop-decision/ Art IV Sec 3: meaning of constitutional provision on formation of states could be tested if initiative to break California into 3 pieces passes http://www.foxnews.com/politics/2018/07/02/bid-to-split-california-into-3-states-gains-traction-could-it-really-happen.html The two faces of Justice Sutherland’s jurisprudence: blessed limited government in domestic affairs, but enabled imperial presidency in foreign affairs https://reason.com/archives/2018/07/01/when-the-supreme-court-blessed Essay on the meaning of the Declaration of Independence – pegs the natural rights foundation of the American Idea http://reason.com/volokh/2018/07/04/what-the-declaration-of-independence-sai Worth more than a Monet! “10 fascinating facts about the Declaration of Independence” https://constitutioncenter.org/blog/10-fascinating-facts-about-the-declaration-of-independence Country music group slams Facebook for censoring patriotic song ‘I Stand for the Flag’ http://www.foxnews.com/tech/2018/07/03/facebook-slammed-for-censorship-country-groups-patriotic-song.html Shame! Extreme Left St. Paul Mayor cancels July 4th fireworks because they ‘cost too much’, but private donations would have covered the cost https://blogs.mprnews.org/newscut/2018/06/no-fireworks-for-you-st-paul/ Tonight, I have an update for you on the Trump administration’s lawsuit against California’s state sanctuary laws. This one, so far, is going as observers expected – in other words, not well. A federal judge on July 5, 2018 refused to grant the Justice Department a preliminary injunction against California’s statute prohibiting state and local law enforcement officials from sharing information about criminal aliens in their custody with federal officials. The judge also declined to grant a preliminary injunction against the California law allowing state inspections of local and privately run jails, which depends on getting access to federal records about prisoners. The judge did, however, block parts of a third law, including provisions that tried to ban private employers from cooperating with federal immigration officials on immigration raids and other matters. So, as observers expected, the strongest part of the Justice Department’s case was upheld, at least for now. This is all preliminary, not final, and the case goes forward. The judge was sympathetic to the anti-commandeering argument which prevents the federal government from forcing state and local officials to help enforce federal laws. The judge said “refusing to help is not the same as impeding” and that standing aside is not the same as standing in the way.
Family Separation In May 2018, the Trump administration announced a “zero tolerance” policy under which all adults entering the United States illegally would be subject to criminal prosecution and all minor children would be separated from their parents. In June, in response to public pressure, the President issued an executive order ending the practice of separating families. But the order did not address the reunification of more than 2,000 children already separated from their parents. Prior to the executive order, a federal judge in San Diego found that the illegal aliens entering the United States under the circumstances presented have “substantive due process rights to family integrity” under the 5th Amendment to the U.S. Constitution. After the executive order, the judge issued a preliminary injunction giving the administration up to 30 days to reunite all children affected by the “zero tolerance” policy with their parents. The Trump administration had argued unsuccessfully that families separated at the border when the parents claim asylum have no constitutional right to remain together. But in his first ruling, the judge talked about the “sacred bond between parent and child” and said he found the practice of family separation inhumane. Observers have said there is a due process “right of family integrity” dating from Supreme Court cases in the early 20th Century. The Flores agreement that has gotten so much publicity lately, among other things, stipulates that children coming across the border illegally accompanied by their parents have to be released within 20 days. The Trump administration said the Flores agreement is the reason it could not keep families together – the parents are detained indefinitely but the kids are supposed to be placed in 20 days. Last I heard, the Trump administration is looking for space on military bases to detain families together. The administration says this would satisfy both the Flores agreement and the San Diego judge’s order. The judge in San Diego recently said “nothing in his order takes away the government’s discretion to either detain or release parents in immigration custody; keeping families together is the key.” What’s odd is that the Flores case – which gave rise to the Flores agreement – specifically found there is NO due process right for children of parents detained for deportation hearings to be placed with their parents, close relatives, or legal guardians. So it’s conceivable that higher courts could reverse the district court judge’s findings, but I personally doubt the government will take the case that far. 14A Equal Protection: Supreme Court upholds Trump travel ban, rejects claim of anti-Muslim bias
https://www.yahoo.com/news/supreme-court-upholds-trump-travel-ban-142008850--politics.html National Injunctions: Supreme Court refuses to rule on nationwide injunctions in travel ban case, but Justice Thomas calls them ‘historically dubious’ https://www.law.com/nationallawjournal/2018/06/26/clarence-thomas-alone-asserts-national-injunctions-are-historically-dubious/?slreturn=20180526170320 National Injunctions: federal appeals court panel confines sanctuary city grants injunction to Chicago; full court to hear case https://www.politico.com/story/2018/06/26/trump-sanctuary-cities-grants-678721 National Injunctions: the law is all over the lot, but the Gill case is glide path to ending the practice http://reason.com/volokh/2018/06/26/the-big-national-injunction-case Commerce Clause: Supreme Court OKs state sales taxes on online purchases https://finance.yahoo.com/news/supreme-court-rules-states-online-sales-tax-case-142423168--finance.html 4A: Supreme Court rules police must obtain a warrant to search cell-site location data (Carpenter) http://thehill.com/regulation/court-battles/393629-supreme-court-rules-law-enforcement-needs-warrant-to-search 1A: Supreme Court rules public sector union employees can no longer be compelled to pay union dues related to cost of collective bargaining (Janus) https://www.law.com/nationallawjournal/2018/06/27/justices-overturning-precedent-restrict-labor-union-power-to-collect-fees/ 1A: flurry of class actions already filed by public sector employees to recover mandatory union dues paid against their will http://freebeacon.com/issues/class-action-suits-target-unions/?utm_source=Freedom+Mail&utm_campaign=55fa851847-EMAIL_CAMPAIGN_2018_06_24_11_41_COPY_01&utm_medium=email&utm_term=0_b5e6e0e9ea-55fa851847-45628225 1A: Supreme Court rules pro-life pregnancy centers cannot be compelled to provide free advertising for the abortion industry http://www.adfmedia.org/News/PRDetail/9990 Separation of Powers: federal judge rules structure of CFPB unconstitutional (independent agency with a single director); conflicting decisions mean Supreme Court will probably take up the issue https://townhall.com/tipsheet/mattvespa/2018/06/21/christmas-comes-early-for-mulvaney-federal-judge-rules-cfpbs-structure-is-unc-n2493146 1A Religion: federal appeals court blocks abortion chain’s demands for private communications of Texas bishops http://freebeacon.com/issues/court-rejects-abortion-giants-demand-church-emails/?utm_source=Freedom+Mail&utm_campaign=0dbf08efe2-EMAIL_CAMPAIGN_2018_06_20_09_16_COPY_01&utm_medium=email&utm_term=0_b5e6e0e9ea-0dbf08efe2-45628225 1A: Supreme Court sends Christian florist case back to lower court for reassessment in light of Masterpiece decision https://townhall.com/tipsheet/laurettabrown/2018/06/25/supreme-court-wont-take-up-case-of-christian-florist-who-refused-services-for-gay-wedding-n2494229 “Killing Free Speech” video shows what Antifa, extremist Muslim groups, and Canadian government officials have in common: The truth is hate speech - shut it down! https://www.youtube.com/watch?v=J5qHTxKBdro&feature=player_embedded Islamist censorship (now playing out in the Michigan Governor’s race) is incompatible with the First Amendment, expert warns https://www.youtube.com/watch?v=npN4CDOHSrE&t=8s “The ACLU is no longer a free speech organization.” Supports campaign finance restrictions, abortion clinic speech buffer zones, etc. http://freebeacon.com/blog/aclu-no-longer-free-speech-organization/?utm_source=Freedom+Mail&utm_campaign=24d24789ee-EMAIL_CAMPAIGN_2018_06_21_10_05_COPY_64&utm_medium=email&utm_term=0_b5e6e0e9ea-24d24789ee-45628225 Public forum, state action, and adoption of foreign speech codes are theories to watch as law forms around speech issues on social media https://www.americanthinker.com/articles/2018/06/isnt_there_some_way_that_facebook_and_twitter_can_be_forced_to_stop_excluding_conservatives.html 1A Establishment of Religion: suit by New Jersey mom against Muslim proselytization by public schools survives motion to dismiss https://gellerreport.com/2018/06/islam-is-school-lawsuit.html/ 2A: New Jersey Governor wants 2,400% tax increase on guns. Time to dust off the ‘undue burden’ arguments from abortion rights cases. http://bwcentral.org/2018/06/nj-governor-pitches-2400-tax-increase-on-firearms/ 2A: gun rights group fighting New Jersey’s confiscation of 10-round magazines http://freebeacon.com/issues/gun-rights-group-files-motion-block-enforcement-new-jersey-ammunition-confiscation-scheme-lawsuit-proceeds/?utm_source=Freedom+Mail&utm_campaign=24d24789ee-EMAIL_CAMPAIGN_2018_06_21_10_05_COPY_64&utm_medium=email&utm_term=0_b5e6e0e9ea-24d24789ee-45628225 2A: sorry, data from other countries does not support assertion that gun control laws reduce homicide rates https://mises.org/wire/gun-control-what-happened-england-ireland-and-canada 2A: UN up to its old tricks, pushing international gun control http://bwcentral.org/2018/06/round-2-un-continues-their-push-to-disarm-americans/ Property Rights: activist gaining ground against UN-directed encroachment, e.g., received invitation to speak to state landlord’s group https://mailchi.mp/americanpolicy/do-you-want-to-shake-up-this-election-1253217?e=d08e7ded69 5A Due Process: consenting to a separate trial negates double jeopardy claim, Supreme Court rules https://constitutioncenter.org/blog/supreme-court-decides-against-double-jeopardy-appeal 5A: Dallas officials skirt eminent domain, rezone property and order shop owner to move without compensation. Case on appeal. City would prefer Starbucks which just closed 150 stores. Very far-sighted, Dallas! #RememberKelo http://ij.org/press-release/hingas-automotive-will-take-its-case-to-the-texas-supreme-court/ 8A: multiple life sentences for D.C. sniper Lee Boyd Malvo must be reevaluated in light of later Supreme Court cases on sentencing juveniles http://www.ca4.uscourts.gov/opinions/176746.P.pdf 14A Equal Protection: federal district court panel strikes Virginia legislative districts for racial gerrymandering, orders redistricting plan http://thehill.com/homenews/state-watch/394275-judge-panel-strikes-down-virginia-state-house-districts-as 14A Equal Protection: availability of single-occupancy facilities overrides student objections to transgenders in bathrooms and locker rooms, federal appeals court rules http://www2.ca3.uscourts.gov/opinarch/173113p.pdf Equal Protection: affirmative action – which was supposed to be temporary – has outlived its usefulness. Sufficient classroom diversity could now be achieved solely with merit-based admissions. http://www.powerlineblog.com/archives/2018/06/is-this-the-sandra-day-oconnor-moment.php Political bias in public accommodations is a growing problem, as Chicago bar bans MAGA hats .#RedHen https://gellerreport.com/2018/06/leftists-maga-ban.html/ Deference: agency interpretation not entitled to deference when clearly against the federal statute, Supreme Court rules in deportation case https://reason.com/blog/2018/06/21/scotus-rules-8-1-for-undocumented-immigr Appointments Clause: federal judge denies constitutional challenge to Robert Mueller appointment https://www.bloomberg.com/news/articles/2018-06-25/cohen-s-new-defense-manafort-s-alone-time-trump-legal-update-jiu9tzd6 Appointments Clause: Supreme Court holds that SEC administrative law judges should be appointed by someone with more authority than SEC staffers https://constitutioncenter.org/blog/court-says-administrative-law-judges-subject-to-appointments-clause State Constitutions: Arkansas may proceed with medical marijuana program, state Supreme Court rules; state’s process held to interfere with voter-approved constitutional amendment State Constitutions: Massachusetts court keeps millionaire’s tax amendment off November ballot because it was the product of ‘logrolling’ – pairing unrelated popular proposals with unpopular proposals https://www.bna.com/massachusetts-high-court-n73014476606/ Article V Convention: Left-wing PAC raising money to unseat anti-convention legislators. (Also, apparently, advocates are trying to sneak pro-convention planks into state GOP platforms, continuing pattern of sneakiness) https://www.thenewamerican.com/usnews/politics/item/29346-wolf-pac-raising-money-to-unseat-anti-con-con-legislators Progressive movement has perverted the Constitution, transferring power from republican self-government to an untouchable Supreme Court http://www.libertylawsite.org/liberty-classic/the-basic-decency-of-republican-self-government-george-carey-defense-constitution/ Tonight I have two updates for you, on cases I previously discussed on this webinar.
The first concerns the constitutionality of the Consumer Financial Protection Bureau – the CFPB. A federal judge in New York has found that the CFPB “is unconstitutionally structured because it is an independent agency that exercises substantial executive power and is headed by a single Director.” An independent agency with a single director is something we have not seen before and the judge ruled this violates separation of powers [p. 103] I had previously discussed a separate CFPB case in federal court in the District of Columbia. The D.C. Circuit Court of appeals upheld the constitutionality of the CFPB in January 2018. A third case is in the Fifth Circuit Court of Appeals. In all likelihood, this issue is headed to the Supreme Court for final resolution. The other case I’ll discuss tonight is Carpenter v. United States, which involves the Fourth Amendment. The Supreme Court just ruled that police must have probable cause and get a warrant before they can obtain cell site location data from a phone company. Writing for the majority, Chief Justice Roberts stated that people have a legitimate expectation of privacy in their location information because it provides “an intimate window into a person’s life, revealing not only his particular movements, but through them his ‘familial, political, professional, religious, and sexual associations.’” Four Justices wrote dissenting opinions. Of special interest is the one by Justice Gorsuch, champion of the property rights theory of the Fourth Amendment. He criticized the long-standing expectation of privacy test as an unreliable guide that leads to unpredictable results. Cell phone records are property, in his view. He compared cell phone location data to sealed letters put in the mail, property which arguably requires a warrant to search even when entrusted to a third party, the post office. Gorsuch and his property rights rationale failed to carry the day, however, so ‘legitimate expectation of privacy’ remains the primary theory of Fourth Amendment jurisprudence for now. 1A: Supreme Court OK’s political messages on clothing at polling places; case based on ‘Don’t Tread on Me’ T-shirt
https://www.nbcnews.com/politics/supreme-court/supreme-court-strikes-down-polling-place-dress-codes-n872536 10A, Executive Power: Trump admin asks Supreme Court to strike down 7th Circuit’s national injunction against enforcing new conditions on federal grant funding for sanctuary cities http://thehill.com/regulation/392816-trump-administration-asks-supreme-court-to-issue-sanctuary-cities-order 14A: Supreme Court punts on partisan gerrymandering cases in Wisconsin and Maryland; still no standards to know when gerrymandering goes too far http://thehill.com/homenews/news/392758-supreme-court-rules-against-wisconsin-democrats-in-key-gerrymandering-case 14A: federal judge knocks down Kansas law requiring proof of citizenship to vote; appeal to be filed. https://www.huffingtonpost.com/entry/judge-rules-against-kris-kobach-kansas-proof-of-citizenship-law_us_5b282ee1e4b05d6c16c652a0 1A: U of Washington to pay College Republicans $127,000 to settle denial of free speech case. https://freedomxlaw.com/seattle-times-uw-to-pay-127000-in-legal-fees-in-settlement-with-college-republicans-over-free-speech/ 8A: Supreme Court to hear Excessive Fines case http://reason.com/volokh/2018/06/18/supreme-court-will-decide-does-the-exces 1A: federal judge nixes private enforcement of Colorado’s campaign finance laws; had become “tool for corruption and speech suppression” http://ij.org/press-release/federal-court-rules-that-colorados-abuse-prone-campaign-finance-enforcement-violates-first-amendment/ 1A: Missouri’s 30-day formation deadline for campaign committees is unconstitutionally overbroad, federal appeals court rules http://media.ca8.uscourts.gov/opndir/18/06/171314P.pdf 1A: Supreme Court green lights citizen’s suit against city council for arresting him in retaliation for his opposition to a development plan, but sets high bar of proof https://www.usatoday.com/story/news/politics/2018/06/18/florida-man-wins-second-supreme-court-case-speech/594594002/ 1A: white nationalist’s suit against Twitter for suspending account survives motion to dismiss; issue whether social media are ‘public forums’ will not be fully resolved any time soon https://refugeeresettlementwatch.wordpress.com/2018/06/17/important-free-speech-case-involving-twitter-moves-forward/ 1A: it took 30 years, but Teamsters finally pay couple $3,000 in forced union dues case http://freebeacon.com/issues/after-three-decades-couple-prevails-over-union/?utm_source=Freedom+Mail&utm_campaign=2eb78b419c-EMAIL_CAMPAIGN_2018_06_18_01_00_COPY_62&utm_medium=email&utm_term=0_b5e6e0e9ea-2eb78b419c-45628225 1A Freedom of Religion: Florida Court of Appeals rules Catholic priest cannot be compelled to testify about what a penitent said in confession even though the penitent waives confidentiality http://www.5dca.org/Opinions/Opin2018/061118/5D18-194.op.pdf Freedom of Religion: “Canada’s Top Court Rules Christian College Can’t Promote Biblical View of Sexual Behavior on Campus” #FascistsToTheNorthOfUs http://www.lifenews.com/2018/06/15/canadas-top-court-rules-christian-college-cant-promote-biblical-view-of-sexual-behavior-on-campus/ 2A: Illinois Court guts ban on guns within 1,000 feet of schools, but more tailored bans may be possible http://reason.com/volokh/2018/06/18/illinois-court-strikes-down-ban-on-carry 2A: Temporary injunction issued against Illinois town’s assault weapons ban that imposed $1,000/day fines on weapons not turned in; ban “puts the lie to claims by anti-gunners that ‘nobody is coming to take your guns.'" http://freebeacon.com/issues/illinois-judge-grants-gun-rights-groups-temporary-injunction-deerfield-assault-weapons-ban/?utm_source=Freedom+Mail&utm_campaign=24362a856e-EMAIL_CAMPAIGN_2018_06_14_12_42_COPY_01&utm_medium=email&utm_term=0_b5e6e0e9ea-24362a856e-45628225 2A: man arrested, charged with a dozen felonies after trying to comply with California’s complicated registration law redefining assault weapons http://freebeacon.com/issues/california-man-home-raided-guns-confiscated-trying-register-firearm/?utm_source=Freedom+Mail&utm_campaign=890ecd6f2d-EMAIL_CAMPAIGN_2018_06_15_06_36_COPY_01&utm_medium=email&utm_term=0_b5e6e0e9ea-890ecd6f2d-45628225 4A: police cannot rely on Google Translate to get consent to search from someone who doesn’t speak English, Kansas court rules https://qz.com/1306830/a-us-court-rejected-google-translate-as-a-means-of-providing-consent-to-a-cop/ 4A: coaxing a suspect out of his house does not relieve police of duty to get a warrant to search the house, per federal appeals court http://media.ca1.uscourts.gov/pdf.opinions/16-2009P-01A.pdf 8A Cruel and Unusual Punishment: state law defining intellectually disabled with obsolete IQ standard for purposes of the death penalty is unconstitutional, Kentucky Supreme Court rules https://www.courier-journal.com/story/news/politics/2018/06/14/kentucky-supreme-court-ruling-mental-competency/702539002/ Penumbras and Emanations: Illinois county, after aspiring to become a gun rights sanctuary, might also become abortion-free sanctuary http://www.lifenews.com/2018/06/15/first-ever-resolution-would-make-this-county-an-abortion-free-sanctuary-for-the-unborn/ Nullification: New York to cut arrests for smoking marijuana in public in half despite drug still being a federally controlled substance. https://www.nytimes.com/2018/06/19/nyregion/nypd-marijuana-arrests-new-york-city.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=second-column-region®ion=top-news&WT.nav=top-news 14A: the ugliness of affirmative action – Harvard is suppressing Asian-American admissions and NYC will destroy its best public schools that have produced Nobel prize winners http://www.libertylawsite.org/2018/06/15/discrimination-against-asian-americans-reveals-the-ugliness-of-racial-selection-harvard-lawsuit-drew-gilpin-faust/ 14A Due Process / Commerce Clause: North Carolina court holds income taxation of out-of-state trust unconstitutional https://www.jdsupra.com/legalnews/income-taxation-of-out-of-state-trust-69813/ Amendments: Can there be ‘unconstitutional’ constitutional amendments? E.g., an amendment to overturn Citizens United even though it would offend free speech principles. http://www.libertylawsite.org/2018/06/19/unconstitutional-constitutional-amendments-democracy-originalism-progressivism/ Magna Carta 800 years old – it may only have benefitted nobles and not have declared natural rights for all like the Declaration of Independence, but it still represents an important development in the history of liberty http://www.insidesources.com/magna-carta-u-s-founding-documents-keys-civilization-liberty/ + https://www.claremont.org/crb/article/magna-carta-and-us/ A socialist wrote the Pledge of Allegiance to help immigrants become assimilated http://www.rochester.edu/newscenter/parsing-the-pledge-of-allegiance-supreme-court-anniversary-324462/ Only you can prevent constitutional decay – “democratic self-government should not be taken for granted. Our experiment in liberal constitutionalism is just that — an experiment that can fail if not properly sustained.” https://www.nationalreview.com/2018/06/american-classical-liberalism-response-to-radical-catholics/ ‘Juneteenth’ – slaves in Texas didn’t learn they were free until 2 months after the Civil War ended https://www.dailysignal.com/2018/06/18/juneteenth-is-about-the-triumph-of-american-freedom-over-slavery/?utm_source=TDS_Email&utm_medium=email&utm_campaign=MorningBell%22&mkt_tok=eyJpIjoiTm1RNE5HVTBNVEk1TVdVNCIsInQiOiJnR3JVT1BpQ0pFV1FxeHd4Z01wVmRoNDZZVGJ2S3hvU21ibWlLSWdNRlBUaVhNaVwvYjBLbzRTWUh5SDZLTit0VDBueGF5SjJTb1BjMlV4MTRyY29mSlVsbFZSeUZjSGdXVnZZOEFiRnpoNTF1c29XY1dDQ1JlTEo2NVY1MVl4ZHUifQ%3D%3D “Hawaiian judge orders released US detainees back to N.Korea” (satire) http://thepeoplescube.com/peoples-blog/hawaiian-judge-orders-released-us-detainees-back-to-n-korea-t20112.html Kudos: President Trump hugs U.S. flag after speech. Can you imagine Barack Obama doing that? I can’t. https://www.thegatewaypundit.com/2018/06/president-trump-hugs-american-flag-after-speech-liberals-triggered/ Shame! NY legislator whose ‘heroes are America’s enemies’ takes knee to protest resolution honoring Flag Day. You don’t have to cash that paycheck, you know. http://freebeacon.com/culture/new-york-legislator-kneels-protest-resolution-honoring-flag-day/?utm_source=Freedom+Mail&utm_campaign=8528fab36c-EMAIL_CAMPAIGN_2018_03_19_COPY_01&utm_medium=email&utm_term=0_b5e6e0e9ea-8528fab36c-22312337 |
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