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The whole nation, it seems, is homeschooling to one degree or another during the pandemic. Some commentators hope this will cause people to have a new appreciation for the virtues of educating their own children. But the Left, true to form, is still trying its best to torpedo homeschooling and corral every child in America into government indoctrination centers, AKA the public schools.
A conference scheduled for June at Harvard will discuss how best to regulate what organizers call the “controversial practice” of homeschooling. One of the organizers has called for a "presumptive ban" on homeschooling, while another claims there is no such thing as "parental rights". Thus, the conference will feature the authoritarian Left in full cry. As Tea Partiers know, the word ‘education’ does not appear in the U.S. Constitution. Supreme Court cases go part of the way towards establishing a fundamental right to homeschool under the Due Process clause, but the Supreme Court has never squarely ruled on the issue. Let’s leave aside the Amish case from 1972 [Wisconsin v. Yoder], upholding their right to homeschool based on First Amendment free exercise of religion. That was a unique set of circumstances, and later cases have denied free exercise claims by other religious groups. Due Process analysis starts with a 1923 case [Meyer v. Nebraska] knocking down a state law prohibiting, for example, teaching children in German in a parochial school. The second case, in 1925, discussed a compulsory public school attendance law. [Pierce v. Society of Sisters of the Holy Names of Jesus and Mary]. The case is interesting because it contains some very strong language affirming parental rights: “The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.” It’s great the Court said children are not state property, but the case, like the one before it, involved parochial schools, not homeschooling. Since then, many court rulings have supported the right of parents to provide home education. But here’s the problem: homeschooling is theoretically only one Supreme Court Justice away from being abolished entirely. In the event of a 4-4 tie, a single swing Justice like an Anthony Kennedy could end homeschooling in this country forever. It would be a bad decision. It would fly in the face of the accumulated weight of judicial opinion in favor of homeschooling as a fundamental right, but we have seen the Supreme Court make bad decisions before. How about rounding up every American of Japanese descent during World War II and sticking them in camps without any real proof they threatened national security. Or how about the time we Tea Partiers were on the steps of the Supreme Court listening to Chief Justice John Roberts upholding Obamacare as a tax right after he had just finished saying it was not a tax. The Supreme Court can turn night into day with the stroke of a single Justice’s pen. Obergefell, the same-sex marriage case, showed us, if we did not already know, that the Supreme Court sometimes responds to shifts in public opinion. It has no trouble engaging in social engineering and declaring what is good public policy for the little people, even if large swathes of the population are not on board. So what happens to homeschooling if five unelected Supreme Court Justices wake up one day and decide the country would be better off if every child were herded into government indoctrination centers and taught to become good little socialists? Which brings me to the point: if you don’t want the Supreme Court to do away with homeschooling one day, then roll up your sleeves and get to work fortifying public opinion in favor of homeschooling and preventing the authoritarian Left from getting its grubby little mitts on the minds of every schoolchild in America. 10th Amendment Front and Center: Friction in Federal-State Relations (Constitution news round-up)4/1/2020
Coronavirus Restrictions and the Constitution (Liberato.US on the Rob Schilling Show - start 11:57)
https://soundcloud.com/1070wina/the-schilling-show-33120-hour-2-chris-wright-sharon-salomon-daren-bakst 10A: First Circuit rules Trump administration can’t impose conditions on law enforcement grants without congressional authorization (decision leaves contrary 2nd Circuit opinion an outlier) https://reason.com/2020/03/25/first-circuit-rules-against-trump-administration-in-sanctuary-cities-case/ 10A: Tennessee asks Supreme Court to rule feds can’t force it to pay refugee resettlement costs after state exercised its right to drop out of the program https://commonsensepost.com/2020/03/22/tenth-amendment-issue-state-refusing-to-pay-for-refugee-program-it-quit/ 10A: 5A Eminent Domain: federal judge requires U.S. to justify how federal bump stock ban falls within state police power exception to requirement government must pay just compensation upon taking property https://reason.com/2020/03/31/district-court-finds-bump-stock-ban-may-constitute-a-taking-because-the-federal-government-lacks-a-police-power/ Discrimination: Supreme Court raises bar in contract discrimination cases - plaintiffs must show race was the determining factor, not just a partial motivation, for refusal to award contract (Comcast case) https://thehill.com/regulation/court-battles/489028-supreme-court-raises-bar-for-racial-discrimination-claims-in Discrimination: Justice Department sides with girls who don’t want to be forced to compete against transgender boys https://justthenews.com/nation/culture/justice-department-sides-female-athletes-who-do-not-want-compete-against-biological#.XnwV07u2B5J.facebook Discrimination: Idaho passes law against forcing girl athletes to compete against transgender boys https://freebeacon.com/politics/idaho-bars-biologically-male-athletes-from-competing-in-all-female-sports/ 5A: Supreme Court rules Kansas does not have to adopt the ‘moral incapacity’ flavor of insanity defense to comport with Due Process https://www.supremecourt.gov/opinions/19pdf/18-6135_j4ek.pdf 11A: Supreme Court rules state sovereign immunity trumps copyright in case against North Carolina for using video of Blackbeard pirate ship recovery without the videographer’s permission https://www.npr.org/2020/03/24/820381016/in-blackbeard-pirate-ship-case-supreme-court-scuttles-copyright-claims 1A: Tesla owner fights to keep ‘FKGAS’ license plate state now deems offensive https://www.washingtontimes.com/news/2020/mar/24/fkgas-vanity-license-plate-tests-free-expression/ Free Expression: Comic Ricky Gervais sharing why he doesn’t apologize for his jokes - “You mustn’t, because that’s the end. The end of satire and the erosion of freedom of speech based on people’s feelings will have a catastrophic effect.” https://www.hollywoodintoto.com/7-amazing-quotes-free-speech-ricky-gervais/ 1A: ICYMI 11th Circuit rules Pensacola cross can stay, in light of Bladensburg cross case (‘Lemon test is dead for religious display cases’) https://www.dailysignal.com/2020/03/09/a-ghoul-is-dead-sort-of-in-bayview-cross-case/ 4A: police can conduct Terry stops for misdemeanors (6th Circuit) https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0088p-06.pdf 4A: Inching towards ‘show me your papers’ tyranny? Police can demand identification and run warrant checks during Terry stops (7th Circuit) http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020/D03-23/C:19-1347:J:St__Eve:aut:T:fnOp:N:2490838:S:0
Kudos! - “VIDEO: Ohio Kids Recite Pledge of Allegiance at Home While Schools are Closed” https://www.thegatewaypundit.com/2020/03/video-ohio-kids-recite-pledge-of-allegiance-at-home-while-schools-are-closed/ One hundred police departments use the ShotSpotter sensor system to triangulate the location of gunfire and send patrol cars to the scene. In a case of first impression out of Illinois, the 7th Circuit held that the use of ShotSpotter can be permissible under the Fourth Amendment to the U.S. Constitution. [United States v. Terrill A. Rickmon, Sr. (7th Circuit - March 11, 2020)]
The court started its analysis by referring to well-established Terry stops which have long been held constitutional if based on “reasonable suspicion”. The “reasonable suspicion” test, which is less stringent than the probable cause needed to support a warrant, is met when articulable facts suggest criminal activity, based on the totality of circumstances known to the officer at the time of the stop. In the Illinois case, ShotSpotter alerted a system representative in California, a live person who determined the sound to be gunshots. The information was relayed back through the system to a patrol officer who stopped a car leaving the area where the gunfire was heard. With the driver’s consent, the officer searched the vehicle and found a gun underneath the passenger seat where the defendant was sitting. The defendant had a criminal history and was convicted of possession of a firearm by a felon. The court wrote that the ShotSpotter alert was not enough by itself to justify stopping a vehicle, but went on to find the stop was reasonable based on the totality of the circumstances. The court analogized the ShotSpotter alert to an anonymous tip, which must be corroborated to pass constitutional muster. The corroboration in this case consisted of independent reports of cars and an individual on foot leaving the scene. Another circumstance was the dangerousness of the crime - here, gunfire, making this an emergency situation. Also, it was 4:45 a.m. and the officer found no other traffic on the street. This was the only car the officer saw coming from the scene. Finally, this officer had previously been called to several shootings in the same area of the city. Add it all up and the totality of the circumstances suggests the people in this vehicle were involved in criminal activity. There was a dissent that found all of this rather thin. The officer had no information about this particular car and admitted he would have stopped any car leaving the scene. Thus, in the dissent’s view, there was no individualized reason to support the stop. “If the Fourth Amendment stands for anything, it stands for the proposition that the police cannot seize anyone without adequate, individualized reason to do so,” the dissent wrote. Factual circumstances aside, the point for tonight’s purposes is that the Fourth Amendment has been applied to another new technology and the use of that technology has been upheld by a federal appeals court. A marker has been laid down and future cases will probably turn on fine shadings of fact. It would be an uphill climb at this point to get ShotSpotter disqualified as unconstitutional in all cases. “Nashville Business Owners Defy Mayor and Remain Open! – Say Order to Close Bars and Restaurants on Broadway Is UNCONSTITUTIONAL”
https://www.thegatewaypundit.com/2020/03/nashville-business-owners-defy-mayor-and-remain-open-say-order-to-close-bars-and-restaurants-on-broadway-is-unconstitutional/ Police Powers: Yes, states can constitutionally close bars and ban large events to stop the spread of disease. https://reason.com/2020/03/16/can-the-government-just-close-my-favorite-bar/
1A Compelled Speech: Ohio professor disciplined for refusing to use a transgender’s preferred pronoun will appeal dismissal of case https://www.dailysignal.com/2020/03/13/professor-punished-for-not-using-preferred-pronouns-appeals-after-judge-dismisses-case/ 1A: Janus, who won Supreme Court case forbidding forced union dues, asks high court to order refund of $3,000 he paid https://www.theepochtimes.com/supreme-court-asked-to-decide-if-state-workers-unconstitutional-compulsory-union-dues-must-be-repaid_3275703.html Free Expression: “Canadian dad trying to stop daughter’s ‘transition’ to male faces charges for speaking to media” https://www.lifesitenews.com/news/canadian-dad-trying-to-stop-daughters-transition-to-male-faces-charges-for-speaking-to-media Freedom of Religion: Illinois religious freedom and conscience protection laws mostly protect Catholic nurse who objected to birth control and abortion-referral duties, state appellate court rules. https://reason.com/2020/03/13/court-rules-mostly-for-catholic-nurse-who-objected-to-newly-imposed-birth-control-and-abortion-referral-duties/ 2A: mental patient released 20 years ago and living without incident can’t get his gun rights back because scientific evidence shows mental patient pose an increased risk of suicide and violence well after they are released. https://cdn.ca9.uscourts.gov/datastore/opinions/2020/03/11/18-36071.pdf 4A: 7th Circuit upholds ‘ShotSpotter’ alert (which triangulates sound of gunfire) to justify vehicle stop; system in use by 100 police departments http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020/D03-11/C:19-2054:J:Flaum:aut:T:fnOp:N:2486041:S:0 8A Cruel and Unusual: denial of transitioning to transgender inmate is not deliberate indifference to a serious medical need (11th Circuit) http://media.ca11.uscourts.gov/opinions/pub/files/201814096.pdf War Powers: If Congress is serious about wanting its war powers back, it must also be serious about the shouldering the responsibility that comes with it https://www.the-american-interest.com/2020/03/05/clawing-back-constitutional-war-powers/ Amendments: stopping Presidents from waging endless war, abolishing the income tax, and other ideas for amending the Constitution https://fee.org/articles/5-constitutional-amendments-americans-should-consider-asap/ State Constitutions: “Kentucky House Passes Constitutional Amendment Specifying There’s No Right to Abortion”; measure moves to state senate https://freebeacon.com/issues/kentucky-house-passes-constitutional-amendment-specifying-theres-no-right-to-abortion/ The Florida Georgia Line is not just a country music act, it’s an illustration of the constitutional right to travel. People traveling between states don’t have to stop and show a passport every time they get to a state line.
The right to interstate travel traces back to the Articles of Confederation: “the people of each state shall have free ingress and regress to and from any other state....” [Article IV]. You won’t find the right to travel in the text of the U.S. Constitution, but it’s now considered a fundamental right, one of the privileges and immunities of U.S. citizenship under the 14th Amendment. Courts have deemed the right to interstate travel a fundamental right since at least 1823, but it wasn’t until 1999 that the Supreme Court finally located the right in the privileges or immunities clause. [Saenz v. Roe] Because the right to interstate travel is a fundamental right, it is given the highest level of constitutional protection. Laws that impinge on the right must pass strict scrutiny, that is, they must serve a compelling government interest, be narrowly drawn, and use the least restrictive means to achieve their purpose. All sorts of laws have been knocked down as offensive to the right to interstate travel - harbor taxes, a ban on bringing indigent persons into a state, restrictions on the use of highways and public accommodations on the basis of race, and limitations on state welfare benefits and voting rights for new residents. But the right to interstate travel, like every other right, is not absolute, and the Supreme Court has upheld simple state residency requirements that don’t have time periods attached, even if they might arguably discourage interstate travel - some voting restrictions, divorces, public employment, and free public education being some examples where simple residency requirements have been upheld. [Chemerinsky, Constitutional Law - Principles and Policies, 4th Ed., pp. 878-889] What about the right to travel in our current circumstances of concern over coronavirus? President Trump said this past week he is considering travel restrictions to California and Washington, two states among the hardest hit so far. The analysis is similar to assessing whether a quarantine order is constitutional, as I reviewed with you three weeks ago. Courts will generally uphold quarantines and travel restrictions for public health reasons as long as those reasons are not arbitrary or oppressive. [People ex. rel. Barmore v. Robertson, 134 N.E. 815, 817 (citations omitted) (Ill.1922)] In 1965, the Supreme Court said the right to travel “does not mean that areas ravaged by flood, fire or pestilence cannot be quarantined when it can be demonstrated that unlimited travel to the area would directly and materially interfere with the safety and welfare of the area.” [Zemel v. Rusk, 381 U.S. 1, 15 (1965)] The CDC maintains Do Not Board and Lookout lists for sick passengers and those lists probably pass constitutional muster when viewed through the public health lens. The right to foreign travel is on a different constitutional footing and is given less protection. Foreign travel is not a fundamental right. Therefore, restrictions on foreign travel do not have to meet strict scrutiny; they only have to pass the rational basis test. Very few governmental actions ever fail the rational basis test. So Trump’s travel ban on foreign nationals from European illness hot spots and the medical screening of Americans returning from those locations would more than likely be upheld in court as showing some semblance of rationality, screams from civil libertarians notwithstanding. A recent book raises the question of whether or not Muslim politicians can truly swear to uphold and follow the U.S. Constitution. The issue arises because, according to Islam, sharia law is supreme and any human law - including a constitution - must yield if it is incompatible with sharia law. The book is Islamic Doctrine Versus the U.S. Constitution: The Dilemma for Muslim Public Officials, written by Stephen Kirby and published by the Center for Security Policy.
Kirby’s book sets forth a number of ways Muslim politicians can appear to take the oath of office, but not truly be bound under Islamic doctrine by what the oath says. First, an oath is not binding unless it is sworn in the name of Allah or one of his attributes. Even the phrase ‘so help me God’ does not make the oath binding, because Allah is not the same deity as the God of Christians and Jews. Second, an oath is no longer binding if it becomes a hardship on the oath taker to follow it. Third, an oath is not binding if a Muslim says silently the phrase Inshah’ Allah - if Allah wills - while taking the oath. Thus, Muslim politicians can appear to outside observers to be taking an oath of office when they really are not. This is perfectly fine under Islamic jurisprudence given the religious duty to spread Islam in non-Muslim lands and to conceal one’s true intentions while doing so. Tricky stuff. Add to all of this the basic problem of how any Muslim can truly swear to uphold the U.S. Constitution which conflicts with Islam in so many ways. There is no right to free speech, no right to bear arms, and no equal rights for women under Islamic doctrine, just to name a few of the ways sharia law and the U.S. Constitution are not compatible. These are not just theoretical concerns. The author Stephen Kirby sent questionnaires to 80 Muslim public officials and 36 new Muslim candidates for office across the U.S. Kirby’s questions, among other things, probed the conflicts between Islamic doctrine and free speech, freedom of religion, and the 8th Amendment’s injunction against cruel and unusual punishment. Only six Muslim public officials and three Muslim candidates who received the questionnaire indicated they would support the U.S. Constitution. Most of the people who were sent questionnaires did not reply to them. Among those who did reply was one Muslim political figure who accused Kirby of being racist for even asking the questions. Muslims playing the race card have always puzzled me. Islam is not a race. Islam is ascendant from Morocco to Indonesia. What race are we talking about, exactly? It does not bode well for America when so many Muslim candidates and officials won’t affirm their support for our Constitution and dodge the question when asked about conflicts between Islamic doctrine and our founding documents. If they won’t affirm our basic law, why should they get to lead us? More to the point, we have only ourselves to blame if we elect people - Muslim or otherwise - who won’t acknowledge that the U.S. Constitution is the supreme law of the land, as it says in Article VI, or have no intention of following it. “Alexander Hamilton's Influence on Free Press Law” (#10 in Volokh 1A video series)
https://reason.com/2020/03/04/alexander-hamilton-free-press-law-pioneer-episode-10-of-my-free-speech-rules-youtube-video-series/ 1A v. Discrimination:
https://www2.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html 1A Religion: appeal expected after federal judge rules school district can fire football coach for silent post-game prayers https://www1.cbn.com/cbnnews/us/2020/march/fired-for-praying-federal-judge-sides-with-school-districts-firing-of-high-school-coach RLUIPA: “Muslim Inmate Objects to Strip Search with Transgender Female-to-Male Guard Watching” - #BraveNewWorld https://reason.com/2020/03/10/muslim-inmate-objects-to-strip-search-with-transgender-female-to-male-guard-watching/ 2A: Gun sales up 50% in Virginia ahead of new gun control laws taking effect https://freebeacon.com/issues/virginia-gun-sales-surge-as-dems-pass-gun-control/ Preemption / Supremacy Clause: Supreme Court rules illegal aliens can be prosecuted for identity theft under state law https://www.jurist.org/news/2020/03/supreme-court-rules-federal-immigration-law-does-not-preempt-state-prosecution-for-identity-theft/ 8A: “Supreme Court to hear challenge over life in prison without parole for juveniles” https://www.washingtontimes.com/news/2020/mar/9/supreme-court-hear-challenge-over-life-prison-with/ 1A: teacher sues union for ignoring Supreme Court ruling against forced dues https://www.dailysignal.com/2020/03/09/teacher-takes-union-to-court-for-ignoring-supreme-court-ruling-on-dues/ 1A: federal judge rules requiring landlords to give voter registration info to tenants is unconstitutional compelled speech https://www.courthousenews.com/wp-content/uploads/2020/03/Voters-Alliance-v-cities.pdf 2A: New Mexico red flag law defective because it’s too easy to claim dangerousness and fails to include mental health and addiction treatment to help defendants regain their Second Amendment rights https://www.dailysignal.com/2020/03/09/new-mexico-gets-its-red-flag-law-wrong/ 8A: “Supreme Court to Consider Life Without Parole for Juveniles” https://www.theepochtimes.com/supreme-court-to-consider-to-life-without-parole-for-juveniles_3267266.html 8A: 8th Circuit enjoins old St. Louis system of imposing bail without determining whether defendants are able to pay, a flight risk, or a danger to the public. https://ecf.ca8.uscourts.gov/opndir/20/02/192251P.pdf Discrimination: fact that male counterparts made more at their previous jobs not a defense against Equal Pay Act claims (9th Circuit) https://cdn.ca9.uscourts.gov/datastore/opinions/2020/02/27/16-15372.pdf Shame! on the Philadelphia Bar Association for urging judges, lawyers, and courthouse personnel to disregard the rule of law and resist ICE arrests in courthouses. What was that oath you took when you were sworn in as lawyers? https://www.washingtontimes.com/news/2020/mar/9/philadelphia-bar-association-tells-lawyers-judges-/ Separation of Powers: 2nd Circuit panel allows the Justice Department to block certain funds to sanctuary jurisdictions; Congress delegated authority to Attorney General to set conditions on grants in question
https://thehill.com/regulation/court-battles/484715-appeals-court-rules-trump-administration-can-withhold-grants-from Separation of Powers: Supreme Court hears oral arguments on constitutionality of CFPB; Director not answerable to the President https://www.theepochtimes.com/constitutionality-of-consumer-bureau-challenged-before-supreme-court_3259126.html Separation of Powers: federal judge rules Trump’s diversion of $90M in Pentagon funds for border wall unlawful when Congress tried to stop it and $90M military project in Washington state was delayed; decision appears to buck Supreme Court ruling https://www.washingtontimes.com/news/2020/feb/27/judge-barbara-rothstein-rules-donald-trump-cant-us/ 2A: Supreme Court won’t block Trump’s bump stock ban for now https://www.theepochtimes.com/supreme-court-rejects-gun-rights-bid-to-block-bump-stock-ban-for-now_3257723.html 1A: 9th Circuit shoots down PragerU free speech appeal, rules YouTube may be a ‘virtual public square’ but not a state actor subject to the First Amendment http://cdn.ca9.uscourts.gov/datastore/opinions/2020/02/26/18-15712.pdf Electoral College: LULAC fails in bid to rewrite Electoral College rules by awarding electoral votes proportionally; 5th Circuit upholds winner take all system https://www.washingtontimes.com/news/2020/feb/26/electoral-college-winner-take-all-system-used-48-s/ Electoral College: Virginia Senate committee punts National Popular Vote proposal to next year https://www.virginiamercury.com/2020/02/25/national-popular-vote-proposal-fails-in-va-senate-committee/ Equal Rights Amendment: Careful what you wish for - Mother’s Day, single-sex education, Roe v. Wade, transgenderism, 230 pages of distinctions between men and women in the U.S. Code, and other imponderables await https://thefederalist.com/2020/02/25/how-courts-would-use-the-equal-rights-amendment-to-ruin-the-country/ 1A: 5th Circuit hears oral arguments in UTexas ‘hate speech police’ case; trial judge found colleges have a right to balance free expression with civility https://www.lawliberty.org/2020/03/02/bias-response-teams-silence-civic-debate/ Eminent Domain: Federal Circuit upholds landowners’ right to sue for just compensation when government converts railroad track into recreational trail http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1158.Opinion.2-20-2020_1536676.pdf Eminent Domain: class action seeks just compensation for thousands of parking ticket recipients whose vehicles were seized and sold by city towing contractor https://chicago.suntimes.com/city-hall/2020/2/26/21155079/city-accused-violating-constitution-towing-without-compensation 14A: article argues forgotten words of 14A Section 2 could be used to decrease representation in Congress of states that infringe the right to vote https://www.politico.com/news/magazine/2020/02/23/the-lost-constitutional-tool-to-protect-voting-rights-116612 Shame! on the high school in Ohio that told Future Farmers of America they could not fly Trump flags on their tractors, and Kudos! to the kids who staged a tractor parade to school, flags waving high in defiance https://www.thegatewaypundit.com/2020/03/coldwater-high-school-in-ohio-tells-ffa-members-to-remove-their-trump-flags-so-the-kids-held-a-maga-tractor-parade-to-school-video/ It’s Not Fair, Change the Rules - Why We Have the Electoral College (new article)
https://www.potomacteaparty.com/harrison-electoral-college.html Trump says Supreme Court Justices Sonia Sotomayor and Ruth Bader Ginsburg should recuse themselves from any cases involving him or his administration because of the hostile political opinions against him they have expressed. https://www.theepochtimes.com/trump-calls-for-recusal-of-supreme-court-justices-sotomayor-and-ginsburg_3250477.html Trump Flips 9th Circuit - Sea-Change in Opinions Coming https://reason.com/2020/02/23/veteran-ninth-circuit-judges-complain-to-l-a-times-about-new-ninth-circuit-judges/ Separation of Powers: Second Circuit allows Justice Department to block federal funds to sanctuary jurisdictions, finding that Congress had delegated authority to place conditions on the grants in question https://thehill.com/regulation/court-battles/484715-appeals-court-rules-trump-administration-can-withhold-grants-from 5A: federal court rules border patrol holding cells unfit for stays longer than a few hours https://www.upi.com/Top_News/US/2020/02/20/Judge-Tucson-CBP-facilities-violate-Constitution/8371582182752/ Amendments: 5 states that rescinded their ratification of the Equal Rights Amendment sue to block its adoption into the Constitution https://abcnews.go.com/Politics/wireStory/gop-led-states-seek-block-equal-rights-amendment-69121903 14 Equal Protection: Florida cannot ‘re-disenfranchise’ felons for nonpayment of fines after state constitution was changed to restore their voting rights (11th Circuit panel) https://www.washingtontimes.com/news/2020/feb/19/appeals-court-upholds-florida-amendment-restoring-/ 1A Religion: Supreme Court takes case testing whether Philadelphia can exclude Catholic agency from its foster care program because it refuses to place children with same-sex couples https://freebeacon.com/issues/supreme-court-to-decide-if-faith-based-foster-care-must-work-with-gay-couples/?utm_source=actengage&utm_campaign=FreedomMail&utm_medium=email Discrimination: Supreme Court turns away appeal of Seventh-day Adventist who asked Walgreens for a guarantee he would never have to work on Saturday https://www.theepochtimes.com/supreme-court-declines-to-review-suit-against-walgreens-over-religious-discrimination_3248643.html 2A: New Mexico Governor signs red-flag law, tells sheriffs to enforce it or resign https://www.washingtontimes.com/news/2020/feb/25/michelle-lujan-grisham-signs-red-flag-gun-bill-tel/ 1A: federal judge rules Chicago can’t keep Christian students from evangelizing in public park https://www.dailysignal.com/2020/02/25/judge-rules-chicago-cant-ban-christian-students-from-evangelizing/ 1A: students sue Wisconsin high school after being told not to wear T-shirts depicting guns https://abcnews.go.com/US/wisconsin-schools-ban-shirts-depicting-guns-prompts-federal/story?id=69175774 5A Eminent Domain: another Hurricane Harvey case goes the other way, because the deliberate flooding this time occurred when a reservoir went over capacity (cause-in-fact: government’s actions made no difference to the outcome) https://reason.com/2020/02/19/federal-court-rules-against-plaintiffs-in-second-hurricane-harvey-takings-case/ 8A Cruel and Unusual: Supreme Court nixed most life-without-parole sentences for minors, but effective life sentence of 3 consecutive 30-year terms is perfectly OK (8th Circuit in triple murder case) https://ecf.ca8.uscourts.gov/opndir/20/02/191239P.pdf Georgetown Law starts constitutional book series https://www.law.georgetown.edu/news/georgetown-laws-center-for-the-constitution-launches-the-constitutional-discourse-series/ Follow along in the Declaration of Independence, trace its origins in Greco-Roman natural law theory, and be inspired by the Founders’ travails to pluck up your courage for the fights ahead https://www.theunitedwest.org/2020/01/08/tom-trento-radio-crisis-as-a-culture-constitution-nationalism-and-the-u-s-a/ |
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