Pushback: Pennsylvania Lieutenant Governor Conjures Up Fantasy First Amendment
Impeachment: Alan Dershowitz - impeaching President Trump after departure from office is clearly unconstitutional
RFRA: Catholic entities not bound by Obamacare transgender mandate, federal court in North Dakota rules
2A: BATF withdraws costly pistol brace guidance
2A: Smith & Wesson sues to quash subpoena regarding advertising practices; subpoena part of New Jersey’s anti-gun agenda
Electoral College: National Popular Vote compact would turn America into the Hunger Games - rural citizens and small states would be turned into serfs to feed their masters in distant large cities
263 Muslim public officials and candidates were asked whether they support the U.S. Constitution and the results are disturbing
1A: Biden’s HHS pick Xavier Becerra is on record saying religious institutions don’t have the same religious freedom as individuals
2A: Amy Coney Barrett's elevation to the Supreme Court produces a rush of litigation to lock in gun rights
1A: lawyer gets preliminary injunction against Bar anti-bias rule; likely to succeed on claims the rule is vague and overbroad and constitutes viewpoint discrimination (E.D. of Pennsylvania)
1A: Virginia county declares itself a ‘First Amendment Sanctuary’ and says it won’t comply with the Governor’s COVID restrictions
Free Expression: Muslim apostate illustrator describes the struggle to get a Danish Quran for young readers published
5A: A quick word from our ‘Great Reset’ masters: “You’ll own nothing, and you’ll be happy.”
8A: Ohio bill would bar life without parole for aggravated juvenile killers; sponsor of the bill mistakenly thinks Supreme Court has ruled such sentences unconstitutional
13A: Dems propose constitutional amendment to end prison labor because mass incarceration is so perpetuating involuntary servitude. Sure.
Shame on us! Young people don’t love their country as much or are as patriotic as older people. Shame on us for teaching young people wrong-headed mush like wokeness and critical race theory.
2A: Biden pick for White House deputy chief of staff is a fan of ‘mandatory buybacks’ for certain rifles - "Hell yes, we’re going to take your AR-15, your AK-47."
1A Religion: Supreme Court temporarily blocks New York’s enforcement of attendance limit for religious services in COVID hotspots, saying it likely violates the First Amendment
1A: 11th Circuit splits circuits, strikes down Florida’s ban on gay conversion therapy
Free Expression: NYC Islamic group wants anyone who insults Muhammad dead
Discrimination: British pro-life nursing student gets apology and settlement from the University of Nottingham which had threatened to expel her
Electoral College can frustrate the popular vote, but that’s a feature, not a bug; it empowers states in our federal system
Nice reminder that Congress can override statutory rulings from the Supreme Court simply by changing the statute
Mayflower Compact is a reminder of the importance and religious derivation of the Rule of Law
Shame! NFL Quarterbacks Kneel During Anthem to Show Their Disgust for America on Thanksgiving Day
Biden hiring anti-free speech zealots who call for censorship of the Internet and speech controls. Townhall NewsBusters
Federal appeals court upholds Harvard’s affirmative action admissions policies that discriminate against Asians in a case likely headed to the Supreme Court (1st Circuit). Daily Signal
Justice Alito defends religious liberty, gun rights in speech. Washington Free Beacon
1A: Federal judge in New York grants temporary order against ordinance requiring people to ‘be nice’ during town council meetings as unconstitutionally vague. Volokh Conspiracy
Free Expression: YouTube took down a video that told the truth about the Quran containing hateful verses. Jihad Watch
1A Religion: federal judge in North Carolina refuses to block irreverent book from 9th grade classroom; parents can’t show harm or that the school has established a religion. News & Record
14A: San Francisco regulations favoring recent over long-time taxi medallion owners do not violate equal protection; rational for city to want to help new owners deal with ride-sharing competition. 9th Circuit
Copyright: No copyright protection for memoirs because they purport to be factual and facts are fair game. Eleventh Circuit
Shame! on the wacko WaPo for calling for the abolition of the Electoral College. OK, while we’re at it, let’s abolish your First Amendment rights to a free press! Daily Signal
My grassroots Champions of the Constitution network - now in 13 states - recently pushed back against a tweet from the Gravel Institute which asked:
The Institute advocates for direct democracy through national referendums, even though direct democracy has a history of descending into mob rule that tramples over the individual and takes away individual rights. The Institute also supports defunding the police and destroying capitalism through socialism (i.e., “democratizing ownership”) and wealth redistribution.
Before you take the Gravel Institute’s notions too seriously, you should know it’s being run by college kids. The chairman is a math student at Columbia University. The finance director is another student at Columbia who is 20 years old. The operations director apparently is the most august of the bunch, having earned a political science degree from American University in 2018. The pages for the latter two are deleted from the Institute’s website now, but the Google entries document these facts (see below). We know the chairman is a college student because he said as much.
So these are the youngsters who, in addition to destroying the police and free enterprise, want to destroy the Constitution because, in their words, it “sucks”. They want to break the social contract and destroy America. They don’t want America; they want something else. And I’m supposed to listen to college kids with zero real-life experience and throw out the oldest written Constitution in the world that has stood the test of time? When did freedom become a bad idea? It didn’t, unless you think it’s a good idea to live in tyranny. When did a tradition of individual rights that can’t be negated by direct democracy become a bad idea? It didn’t, unless you think it’s a good idea to trample over the individual and not allow people to speak their minds. When did separation of powers and limited government become a bad idea? They didn’t, unless you think turning everything over to a tiny socialist elite who are only in it for wealth and power for themselves is a good idea. Unconstrained total government? That didn’t work out so well in the 20th century, did it. Apparently, the august peers of the Gravel Institute who were barely out of diapers when the 20th century ended missed a few things in their college education. Maybe they should watch a few more Prager U videos to get up to speed with the rest of us.
Nothing against 20-year-olds, but I don’t want them deciding what kind of country we’re going to have, at least not until they’ve studied every constitution in history like the Founders did.
But here’s the point for right-minded folks: The Gravel Institute’s tweet has over 38,000 ‘likes’ as of this writing. That’s 38,000 people who hate the Constitution and all it stands for. If the political Right wants freedom, free enterprise, limited government, and individual rights to endure, it has to do a much better job of propagating and defending its ideas.
(comments from Champions of the Constitution members at the website)
Colorado Votes Against Self-Interest, Signs Up to be Ruled by New York City and Los Angeles (Constitution news round-up)
Colorado joins National Popular Vote Compact to do away with the Electoral College; Compact now has 196 out of 270 electoral votes needed
1A: Nicholls College backs down from claiming College Republicans broke state law - by writing ‘MAGA’ in chalk on sidewalk - after receiving warning from Louisiana Attorney General
1A: Criminal conviction reversed because it may have been based on protected speech ‘I love ISIS’ and ‘Black/Indian lives don’t matter’ and not just on threats to "shoot up the building" (Michigan Court of Appeals)
1A: computer code can be protected speech and state law compelling what it must say can violate the First Amendment (federal judge, Arizona)
1A Free Press: Radical Michigan Attorney General Dana Nessel goes after journalist who reported on how poll workers were trained to commit voter fraud (how to lie, fend off Trump supporters, call 911 on challengers, and use COVID as an excuse to deny challengers access)
1A: Mississippi public school gets sued for barring third-grader from wearing ‘Jesus Loves Me’ COVID mask
1A: federal judge greenlights suit against public schools that banned t-shirts indirectly supporting gun rights
2A: gun control advocates spend big but fail to block Montana referendum barring localities from restricting gun rights
2A: Michigan Supreme Court to hear challenge to University of Michigan’s ban on gun possession on campus
4A: digital anal exam, two scope exams, X-ray, and enema was a perfectly fine way to execute a search warrant for hidden drugs (6th Circuit)
5A Eminent Domain: it sure looks like a taking, but it was done by an HOA under state law. No state action, no taking (9th Circuit)
“First, Sixth Amendments Require Allowing TV Coverage of Derek Chauvin Trial” - that’s what a “public trial” in the COVID era requires
6A: if you flee to Brazil to avoid capture, you can’t very well argue 11-year delay violates your speedy trial rights (2nd Circuit)
Shame! on New York Times journalist and 1619 Project writer Nikole Hannah-Jones for saying she doesn’t understand her father’s patriotism or why he flew the American flag outside her childhood home. This country’s been very good to you, you ingrate! I deeply resent your 1619 Project attempting to turn the rest of us into second-class citizens.
Out of the Mouths of Babes: “The Constitution Sucks” - Champions of the Constitution Push Back on the Gravel Institute
Discrimination: California voters have likely rejected affirmative action in education, government employment, 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
Emergency Powers: California judge enjoins Governor Gavin Newsom from issuing COVID orders that alter state statutes or create new ones
2A: “Michigan Judge Blocks Ban On Open Carry Of Guns At Polls On Election Day”
1A: Fifth Circuit allows challenge to UTexas loosey-goosey speech code because code chills speech while pretending to promote free speech
1A: Houston concedes its law allowing only registered Houston voters to circulate ballot petitions is unconstitutional (5th Circuit)
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.
Free Expression: PragerU videos banned at Ohio high school for being too right-wing
Electoral College: National Popular Vote Compact would require impossible national ballot recounts
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.
5A Property: More landlords litigate CDC’s COVID eviction ban
1A: 6th Circuit strikes down public transit ban on ‘political’ ads as unworkable and viewpoint discrimination (anti-Islam ad at issue)
1A: despite First Amendment wins at some colleges, others continue to impinge on free speech rights
1A Religion: school rule barring students from all extracurricular activities for religiously motivated hairstyles poses free exercise of religion problems (5th Circuit)
Free Expression: giving in to the impulse to censor ‘error’ would mean no one, to this day, could say ‘the earth is round’
1A Religion: Colorado churches prevail in court against their state’s COVID restrictions
Electoral College: “The Founders did not create the Electoral College for the purpose of bolstering the power of slave states, nor did it have the effect of doing so.” Slave states voted against it.
State Constitution: state statute which creates irrebuttable presumption sex offenders will reoffend violates due process and reputation rights
Nationwide Injunctions: handing out nationwide injunctions like candy usurps legislative powers and short-circuits the process of similar cases percolating through the circuit courts of appeal before Supreme Court challenge
Shame! on Joe Biden for saying America is an ‘idea we never lived up to’. He is showing us he is captured by the deliberately concocted ‘400 years of racism’ narrative dialectic pushed by people who want to destroy fidelity to American values so they can seize power for themselves and impose their tyranny on us. #NameTheGameAndTheGameBlowsUp
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
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