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
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?
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