5A: Residents’ lawsuit against Seattle for affirmatively supporting lawless autonomous zone is allowed to proceed; property rights and due process violations at issue.
LGBT Wars: “Trump Admin Resolves Transgender Athletes Case in Favor of Conservative Women’s Group”
1A: student radio station manager sues Arizona State University over removal, alleges free speech violation
1A Religion: Federal judge temporarily blocks enforcement of Colorado’s COVID restrictions against church that was treated differently from similarly situated institutions
4A: court allows use of investigative lead generated by facial recognition software where it won’t be the basis for testimony at trial (NY trial court)
Title IX: "[P]laintiff has ... made a sufficient showing that defendant has threatened his academic future in violation of his rights to equal treatment regardless of his sex ...." (federal judge in New York)
Affirmative Action: “Black applicants to Yale University are up to eight times more likely to be admitted than Asian applicants with the same level of academic skill”; Justice Department on the case
14A: Kentucky abortion regulations not an ‘undue burden’ on abortion rights, 6th Circuit panel concludes
Shame! Radical leftists attacking the 4th of July, seeking to replace it with Juneteenth
Kamala Harris tells big fib during debate: Lincoln declined to nominate a replacement Supreme Court Justice, not because he believed the vacancy should await the outcome of the election, but out of political calculations and the Senate being out of session
Equal Protection Run Amok:
RFRA: D.C.'s 100-person cap on outdoor gatherings substantially burdens religious practice; federal judge cites D.C. Mayor participating in big political protests while restricting outdoor church services
4A: 6th Circuit upholds warrant where Michigan marijuana grower gave police a tour of his operation believing it was legal; it wasn’t, and the grower’s actions constituted consent
5A: butterfly sanctuary’s procedural due process claim moves forward; entering sanctuary without notice to build Trump’s border wall is deprivation of property without due process if established by the evidence (D.C. Circuit)
Electoral College: the National Popular Vote Compact, which would allow a handful of states to pick the president, is unconstitutional without consent of Congress
Electoral College: Adam Schiff supports doing away with the Electoral College
‘Liberty and Justice For All’ project unites academics and other heavyweights in defense of free speech and other traditional American values
Shame! on the California Department of Transportation for taking down the Hollywood-style Trump sign claiming it could cause driver distraction on stretch of highway where billboards abound
1A: Several religious liberty cases on Supreme Court docket - faith-based exemption from antidiscrimination laws by a private foster care agency, etc.
Discrimination: The LGBT wars continue -“Virginia Forces Christian Ministries to Adopt 'Government Ideology' or Pay $100K”
1A: Satanic group declares abortion a ‘religious ritual’, sues sign company over refusal to put up billboards
1A,Elections Clause: federal judge rules Minnesota mask mandate does not violate free speech even though it prevents the non-wearing of masks to protest the mandate. Plus, the mandate does not rise to the level of regulating the time, place, or manner of elections.
2A: ‘We don’t need guns; we have the police.’ But, “When the government refuses to stop looting and rioting, armed self-defense is the only deterrent.” #WagesOfWoke
2A: Supreme Court declines to hear challenge to Nebraska law prohibiting juveniles who commit offenses from possessing firearms until age 25
2A: federal judge orders L.A. to pay NRA $150,000 in legal fees for case ending in city ordinance requiring businesses to disclose ties to the NRA being struck down
2A: undercover sting video shows Arizona Democrat candidate hiding true gun control agenda
4A: police ruse to lure man home so they could search him and his car - which were not covered by the warrant unless in close proximity to his residence - ruled an unreasonable search and seizure in child pornography case (9th Circuit)
Discrimination: “Applying a disparate impact standard to school disciplinary policies is both unlawful and unwise....” A “neutral policy” should not be subject to racial quotas preventing discipline for students who should get it.
14A Due Process: it violates Due Process for prosecutor to repeatedly state, and judge to endorse, that the presumption of innocence no longer applies in a case (9th Circuit)
Separation of Powers: federal judge temporarily blocks Trump administration broad suspension of work visas - meant to protect American workers in the wake of COVID - as exceeding power delegated from Congress
State Constitutions: Michigan Supreme Court rules Governor exceeded her authority under the state constitution in extending emergency pandemic orders after the legislature declined to do so
1A: Public school Miami U in Ohio task force wants professors fired, students dismissed for not worshipping at the altar of diversity, free speech be damned
1A: federal judge rules woman likely to prevail on First Amendment claim after being banned from school property for referring to public official’s Muslim faith at school board meeting (E.D. Wis.)
1A: CAIR claims Florida Governor DeSantis’ Combating Violence, Disorder and Looting Act violates free speech and assembly
8A: NPR series explores whether the death penalty by lethal injection is cruel and unusual punishment - a drowning sensation is commonly reported, but does the defendant feel pain?
Discrimination: Black applicants for tech positions because of prior criminal convictions lose disparate impact claim; no evidence they are representative of the applicant pool in question (2nd Circuit)
Resource - short explanations of the basic constitutional principles of separation of powers, federalism, and individual rights
Trump Administration Proposes Legislation to Hold Online Platforms Accountable for Censoring Content in Bad Faith (Constitution news round-up)
Free Expression: Trump Administration Proposes Legislation to Hold Online Platforms Accountable for Censoring Content in Bad Faith
1A: pouring water on a speaker’s head is not protected speech (Texas Court of Appeals)
1A: video game developers can base characters partly on real likenesses, as long as there are other elements that transform the character (3rd Circuit)
Discrimination: Lawsuit filed after Kroger fires two employees for refusing to wear rainbow symbol against their religious beliefs (LGBT v. religious liberty is the epic struggle right now)
Discrimination: Californians not itching to bring back affirmative action
‘Freedom and not wanting to live under a dictator are outdated.’ Sure, uh huh. Generation Z, wake up!
‘A president exercising the constitutional duty to nominate Supreme Court justices is a high crime and misdemeanor worthy of impeachment.’ Do you hear yourself?
Constitution Not Subordinate to Open-Ended Pandemic Emergency Orders, Pennsylvania Judge Rules (Constitution news round-up)
Federal judge rules Pennsylvania’s shutdown orders are unconstitutional. State to ask for a stay of the ruling while it appeals.
“CDC’s Unlawful, Unconstitutional Moratorium on Evictions” - “It’s not clear whether Congress itself would have the constitutional authority to implement such a sweeping order.”
Education Department proposes rule to implement Trump order protecting campus free speech
14A, etc.: Florida law conditioning restoration of voting rights to felons on payment of all fees, fines, and restitution kosher under various Constitutional provisions (11th Circuit)
1A: Third Circuit holds ban on political public transit ads unconstitutional; no reliable way to distinguish between political and nonpolitical ads
2A: “These 10 Examples of Defensive Gun Use Underscore Second Amendment’s True Purpose”
14A: You be the jurist - would San Francisco’s public/private partnership to give away free money to pregnant black and Pacific Islander women violate the Equal Protection clause? Hints: public/private hybrids are subject to 14A, and you can’t use race as a proxy for special need
14A: in practice, race preferences far more than just a gentle thumb on the scale in college admissions; the impact is profound and getting bigger
Commerce Clause / Necessary & Proper Clause: 11th Circuit panel invalidates Maritime Drug Law Enforcement Act; analysis different for foreign commerce
Electoral College: Steve Forbes on the risks of moving to national popular vote
State Constitution: Wisconsin AG attempting to give control over water wells to state agency in violation of state constitution
Federal judge dissent: yes, we have to follow precedent but, if it’s not directly on point, we have no duty to expand it and are free to follow the Constitution
“most of the framers of the Constitution reasoned that a union permitting states to allow slavery to exist temporarily was better than no union at all”
Shame! Ohio high school suspends, forced to reinstate football players for waving flags honoring police and firefighters who lost their lives on 9/11
Kudos! to U Northern Iowa instructor Thomas Larsen for suggesting federal agencies replace banned critical race theory training with the U.S. Constitution
Kitchen Sink: CDC eviction moratorium challenged on supremacy clause, nondelegation, anti-commandeering and other grounds
4A: 9th Circuit rules NSA mass telephone record surveillance program revealed by Edward Snowden was illegal
Discrimination: second federal judge rules against Trump administration rollback of Obamacare LGBT protections
Discrimination: 4th Circuit panel discovers a right for transgenders to use the bathroom of their chosen gender identity; things are not looking good for sanity on this issue
1A: Demonstrators have a right to speak from traffic medians ((10th Circuit)
1A: Austin’s sign code against digitization of existing billboards is not a commercial speech restriction, it is content-based discrimination which fails under strict scrutiny
1A: religious institutions can fire “ministerial employees” based on sexual orientation, but cannot harass them with a hostile working environment (7th Circuit)
2A: Circuits now split on confiscation of gun magazines, setting up possible Supreme Court case
8A: keeping a death-row inmate in solitary confinement for 33 years is cruel and unusual punishment (3rd Circuit)
8A: refusal of prison authorities to give all inmates with hepatitis C an expensive new treatment regardless of the severity of their condition is not cruel and unusual punishment (11th Circuit panel)
Shame! Washington and Lee University offers Marxist course on ‘How to Overthrow the State’. Let’s start with your faculty lounge, shall we?
Dangerous National Popular Vote Movement Trying to Cancel Minorities and Small States (Constitution news round-up)
Documentary defends Electoral College from anti-republic National Popular Vote movement; NPV would run roughshod over minorities and small states
Separation of Powers: D.C. Circuit panel rules there is no statute giving Congress the power to enforce a subpoena against former White House counsel Don McGahn
Discrimination: Washington state loses bid to block Trump administration dismantling of LGBT protection rule; state can’t show how it is harmed (W.D. WA)
5A: Gitmo detainees, as aliens detained outside the sovereign territory of the U.S., do not have due process rights (D.C. Circuit)
6A: Whose right to jury trial is it? Government consent required for defendant to waive right to jury trial and have a bench trial in federal cases, but not when there are extraordinary circumstances like a pandemic
14A: enhancing penalty just because a defendant belongs to a gang violates substantive due process - “guilt is personal” (Arizona Supreme Court)
The Framers did not put a right to vote in the Constitution because they distrusted democracy and wanted to safeguard other rights from mob rule
Shame! Protesters chant ‘Death to America’. We have the ayatollahs for that. What do we need you for?
Shame! D.C. task force tries to cancel the Washington Monument and Jefferson Memorial, gets their heads handed to them after fierce backlash
2A: California ban on hi-capacity magazines holding more than 10 rounds unconstitutional (9th Circuit panel)
1A: Trump appeals to Supreme Court to allow him to block users on Twitter
6A: Scott Peterson death penalty overturned; dismissing jurors who disagree with the death penalty but say they could vote to impose it violated Peterson’s right to an impartial jury in the penalty phase
1A: Project Veritas sues to vindicate rights of undercover journalists in Oregon; secret recording currently criminal in the state
Amendment: activist nets cool $10M from Twitter CEO to push constitutional amendment to “prohibit racism”, i.e., attack freedom of the press, association, and speech
1A: 4th Circuit holds federal anti-riot act partially constitutional - OK to prohibit traveling or organizing for actual incitement, but not OK to prohibit speech that promotes or encourages violence in general
1A: San Diego stops enforcing 1918 ordinance prohibiting “seditious language” as process to repeal it begins; clearly unconstitutional under modern Brandenburg standards
1A: 6th Circuit greenlights case of Cleveland EMT who was fired after posting comments about the shooting of 12-year-old Tamir Rice; matters of public concern are protected
1A: Ferguson grand juror loses First Amendment challenge to state’s grand jury secrecy law (8th Circuit)
1A: chancellor of ‘Dear Old CU’ refuses to cancel visiting scholar law prof for writing op-ed questioning Kamala Harris natural born citizenship
1A Petition Clause: it’s unconstitutional to penalize nonfrivolous litigation
4A: 1st Circuit upholds affirms conviction for conspiracy to violate civil rights and use excessive force in deliberately injuring man arrested on DUI charge
Discrimination: federal judges temporarily block Trump administration’s transgender healthcare rule and Idaho’s attempt to prevent transgenders from competing in female school sports; Bostock looms (even though Gorsuch promised it wouldn’t)
Emoluments: 2nd Circuit won’t review emoluments case en banc; three cases ready for Supreme Court to take up
Emergency Powers: could Congress or the President force everyone to wear masks in the pandemic? Law prof says no.
1A Religion: community college professor in Arizona prevails against CAIR-backed Muslim student who objected to being tested on factual course material unfavorable to Islam; not an ‘establishment’ of religion
1A: Law prof says protests outside particular homes can be banned, but restrictions must be content-neutral and not prevent marching through a neighborhood
1A: 8th Circuit upholds restrictions on grand jurors’ speech; compelling state interest in preserving grand jury secrecy meets strict scrutiny test
1A: Iowa State University stops professor from threatening to expel students from class who argue against gay marriage, abortion, BLM, etc.
2A: Ninth Circuit holds California gun magazine ban and confiscation scheme unconstitutional; Biden wants the same gun magazine limit the Ninth Circuit just knocked down
14A DP/EP: Maryland high court upholds Baltimore’s 300-foot restriction on food trucks
14A EP: 5th Circuit finds all-male draft constitutional under controllling precedent, but signals different treatment of women might not withstand another Supreme Court look because they are now combat-eligible
Shame! on the rioters who tore down a statue of George Washington near L.A. city hall. Evidently, they would prefer living under a King and Britannia ruling the waves
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