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Affirmative Action Likely Banned in California (Constitution news round-up)

11/4/2020

 
Out of the Mouths of Babes: “The Constitution Sucks” - Champions of the Constitution Push Back on the Gravel Institute
http://www.liberato.us/pushback-network.html

Discrimination: California voters have likely rejected affirmative action in education, government employment, and contracting
https://reason.com/volokh/2020/11/04/california-voters-reject-race-sex-ethnic-preferences-in-government-employment-education-and-contracting/

Separation of Powers: federal judge denies landlords’ request for injunction against CDC eviction moratorium; evictions would lead to COVID-risky overcrowded housing and CDC merely extended a congressional moratorium that expired in July
https://www.bloomberg.com/news/articles/2020-10-29/landlords-denied-injunction-against-cdc-eviction-moratorium

Emergency Powers: California judge enjoins Governor Gavin Newsom from issuing COVID orders that alter state statutes or create new ones
https://www.thegatewaypundit.com/2020/11/judge-rules-ca-gov-overstepped-authority-covid-order-issues-permanent-injunction-restraining-newsom-issuing-unconstitutional-orders/

2A: “Michigan Judge Blocks Ban On Open Carry Of Guns At Polls On Election Day”
https://www.theepochtimes.com/judge-overturns-michigan-ban-on-open-carry-weapons-at-polling-places_3556145.html

1A: Fifth Circuit allows challenge to UTexas loosey-goosey speech code because code chills speech while pretending to promote free speech
https://reason.com/volokh/2020/10/28/fifth-circuit-speaks-out-against-campus-speech-codes-in-university-of-texas-case/

1A: Houston concedes its law allowing only registered Houston voters to circulate ballot petitions is unconstitutional (5th Circuit)
http://www.ca5.uscourts.gov/opinions/pub/19/19-20828-CV0.pdf

Freedom of Expression: Egyptian president Sisi says free expression stops when it offends Muslims.  Not under our system.  With our First Amendment, Islam stops at free speech.
https://www.jihadwatch.org/2020/11/egypts-sisi-freedom-of-expression-stops-when-it-comes-to-offending-the-feelings-of-muslims

Free Expression: PragerU videos banned at Ohio high school for being too right-wing
https://www.toledoblade.com/education/2020/11/03/maumee-schools-organizes-workgroup-vet-curriculum-and-resources

  • “The racism, misogyny, classism, anti-LGBTQ+, and ethnocentrism found in the PragerU videos are impermissible. The videos include a rejection of data and facts, and should not be presented to students as valid.”
  • ‘Your speech is false, according to me. Therefore, you have no right to speak.’  See how this works?  BTW, there is no generally applicable ‘false speech’ exception to the First Amendment.   
Discrimination: Critical Race Theory training creates a hostile work environment and is, therefore, incompatible with civil rights laws.  Being required to confess supposed ‘white privilege’ and ‘fragility’ is toxic and destructive.
https://lawliberty.org/critical-race-theory-or-civil-rights-law-we-cant-have-both/

Electoral College: National Popular Vote Compact would require impossible national ballot recounts
https://www.washingtonpost.com/outlook/2020/10/29/electoral-college-recount-meltdown/

Shame! on Senator Edward Markey for his nonsense that originalism is racist, sexist, blah, blah, blah.  How about we stop taking an originalist view of Article I and do away with his Senate seat?  We need a living, breathing Constitution now more than ever.
https://www.mrctv.org/blog/ma-senator-ed-markey-constitution-originalism-racist-sexist-homophobic


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