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/ “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/ “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/ Quarantines are constitutional, but constitutional protections apply (Constitution news round-up)2/19/2020
Quarantines are constitutional, but constitutional protections apply: “must use the least restrictive means consistent with medical guidance, and the government must have good reason to believe you’ve been exposed.”
https://www.theatlantic.com/ideas/archive/2020/02/coronavirus-quarantine-america-could-be-giant-legal-mess/606595/ 14A privacy rights must yield to school district transgender bathroom/locker room policy (9th Circuit) http://cdn.ca9.uscourts.gov/datastore/opinions/2020/02/12/18-35708.pdf Amendments: House votes to remove ratification deadline for ERA https://www.npr.org/2020/02/13/805647054/house-votes-to-revive-equal-rights-amendment-removing-ratification-deadline Religious Freedom Restoration Act interpreted to shield activist who leave food and water for illegal immigrants https://www.washingtontimes.com/news/2020/feb/17/religious-freedom-restoration-act-helps-immigrant-/ Free Expression: Mark Zuckerberg again asks for regulations on social media to preserve free speech (‘somewhere between a publisher and a pipeline’) before China’s anti-democratic vision of the Internet holds sway. (Hmm.... should we take this at face value?) https://www.theepochtimes.com/zuckerberg-seeks-regulations-for-social-media-to-preserve-free-speech_3241253.html Contracts Clause, etc.: federal judge upholds California’s ‘gig economy’ law making it difficult for employers to classify workers as independent contractors instead of employees with benefits https://www.jurist.org/news/2020/02/federal-judge-rejects-uber-and-postmates-request-to-stop-california-independent-contractor-law/ 1A: Ohio state senate votes to ban free speech zones that limit speech on campus https://www.theepochtimes.com/ohio-state-senate-would-ban-free-speech-zones-on-campus-professors-object_3237781.html Free Expression: Trudeau minister announces all Canadian news websites must now get a government license https://www.thegatewaypundit.com/2020/02/here-we-go-trudeau-minister-all-news-websites-must-get-a-government-license-for-approved-content/ 2A: Florida officials mistakenly seize veteran’s guns in Red Flag law foul-up https://www.thegatewaypundit.com/2020/02/government-officials-seize-veterans-guns-in-mistaken-identification-in-red-flag-law-execution/ 4A: 9th Circuit to hear case of police officer in state that has legalized marijuana justifying car search on fact marijuana still illegal under federal law https://reason.com/2020/02/17/can-a-state-police-officer-search-a-car-based-on-probable-cause-of-a-federal-marijuana-crime/ Art V: If states can’t rescind ERA ratification, the consequence might be that we will have an Article V convention on the Balanced Budget Amendment https://reason.com/2020/02/11/the-ratification-of-the-equal-rights-amendment-could-lead-to-an-article-v-constitutional-convention/ Kudos! - Black activists launch ‘1776 Project’ to counter NYT’s ‘lethal’ ‘1619 Project’ which tells blacks they are victims and still can’t get anywhere because of slavery https://freebeacon.com/issues/new-1776-project-aims-to-counter-lethal-narrative-of-1619-project/ Three States Sue for Declaration Equal Rights Amendment Now Ratified (Constitution news round-up)2/12/2020
Three States Sue for Declaration Equal Rights Amendment Now Ratified
https://www.nbcnews.com/politics/politics-news/3-states-ask-judge-declare-equal-rights-amendment-now-part-n1126606
https://www.theepochtimes.com/doj-says-congress-state-grand-jury-subpoenas-for-trumps-financial-records-are-unconstitutional_3227050.html 1A Religious Liberty v. Discrimination: Two students sue Christian seminary for expelling them because they are in same-sex marriages https://www.dailysignal.com/2020/01/29/2-gay-students-are-suing-a-seminary-heres-why-it-matters/ Discrimination: Pregnancy counseling center sues over New York law forcing it to hire employees who support abortion against the center’s beliefs. #AuthoritarianLeft https://www.theepochtimes.com/pregnancy-counseling-center-sues-new-york-over-law-forcing-pro-abortion-hires_3233883.html 1A: California State University agrees to pay $240,000 in legal fees and change its policies to settle case against it for discriminating against pro-life student club https://www.lifenews.com/2020/02/05/cal-state-university-refused-pro-life-students-500-for-a-speaker-now-it-must-pay-them-50-times-more/ 1A: Two Christian students in Georgia ask Supreme Court to hear their case against camp speech code and zone https://www.theepochtimes.com/christian-students-ask-supreme-court-to-review-case-over-free-speech-rights-on-campus_3225756.html 2A: 21 states sue Trump administration over its effort to allow 3-D printed gun files on the Internet https://www.michigan.gov/ag/0,4534,7-359-92297_47203-518009--,00.html 2A: New Jersey seizes nearly 200 guns under red flag law in just 4 months https://www.dcclothesline.com/2020/02/01/new-jersey-nearly-200-citizens-guns-seized-under-red-flag-laws-in-4-months-many-of-them-permanently/ 2A: The Founders were familiar with gun magazines having over 10 rounds https://reason.com/2020/02/11/magazines-over-10-rounds-were-well-known-to-the-founders/ Shame! on the New York Times 1619 Project for making the preposterous claim the Founders fought the War of Independence to preserve slavery https://www.westernjournal.com/children-50-states-taught-revolutionary-war-fought-promote-slavery/ Kudos! to the Virginia high school students who formed a flag caravan when told the U.S. flag is “offensive” and could not be displayed on vehicles on school grounds https://www.thegatewaypundit.com/2020/02/virginia-school-tells-students-to-quit-flying-offensive-us-flags-from-vehicles-so-the-next-day-students-form-caravan-of-vehicles-flying-us-flags-video/ Kudos! to the Alabama legislative committee that reported out a bill to require public schools to play the Star-Spangled Banner at least once a week and at school sporting events https://wbhm.org/feature/2020/star-spangled-banner-car-smoking-bills-pass-committee-in-first-week-of-legislative-session/ Free speech video series continues with episodes 8 and 9 (government property, privacy)
https://reason.com/2020/01/28/free-speech-and-privacy-episode-9-of-my-free-speech-rules-youtube-video-series/ 2A: Hundreds of jurisdictions declare themselves gun sanctuaries as nationwide movement spreads https://thehill.com/homenews/state-watch/479864-virginia-gun-control-fight-sparks-rush-to-join-2nd-amendment-sanctuaries Virginia becomes 38th state to ratify the Equal Rights Amendment, but court fights anticipated over 40-year ratification process https://www.washingtontimes.com/news/2020/jan/27/virginia-ratifies-equal-rights-amendment-vote-star/ Nationwide Injunctions - Supreme Court stays nationwide injunction in ‘public charge’ rule case https://www.supremecourt.gov/opinions/19pdf/19a785_j4ek.pdf
https://reason.com/2020/01/25/federal-judge-concludes-uconn-sexual-assault-hearing-likely-violated-due-process/ 14A Equal Protection: Utah judge cites government interest in protecting children against lewdness in ruling against woman who went topless in her own garage; other ‘Free the Nipple’ cases pending https://www.nytimes.com/2020/01/22/us/tilli-buchanan-topless-utah.html Separation of Powers - Board of Immigration Appeals ignores appellate court order, draws rebuke from 7th Circuit: courts have the Article III judicial power https://reason.com/2020/01/24/the-bia-is-behaving-badly-and-judge-easterbrook-is-not-amused/ 1A,4A: judge greenlights suit against Fish & Wildlife regulations restricting use of falcons in movies and product endorsements; regs also permit warrantless searches but Fourth Amendment claim dismissed https://www.theepochtimes.com/court-finds-falconry-regulations-run-afoul-of-the-bill-of-rights_3219535.html 1A: rare prior restraint upheld against telling anyone a subpoena was received https://www2.ca3.uscourts.gov/opinarch/193124p2.pdf 1A: street musician challenges Houston’s time, place, and manner restraints on street performances https://www.theepochtimes.com/lawsuit-seeks-freedom-to-busk-in-houston_3211680.html 1A Religion: terminating city firefighter after refusal to get vaccinated does not burden free exercise of religion because reasonable accommodations had been offered (5th Circuit) http://www.ca5.uscourts.gov/opinions/pub/18/18-51011-CV0.pdf 4A: strip search of prison visitor justified because of the suspicious way she was fiddling with her clothes (4th Circuit) http://www.ca4.uscourts.gov/opinions/182193.P.pdf 14A Equal Protection: same-sex marriage produces conundrums for who is listed as the ‘father’ on birth certificates (7th Circuit) http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020/D01-17/C:17-1141:J:Easterbrook:aut:T:fnOp:N:2460609:S:0 14A: Air Force ban on deploying HIV-positive airmen is out of step with modern science (4th Circuit) http://www.ca4.uscourts.gov/opinions/191410.P.pdf Dormant Commerce Clause: California’s new privacy law might conflict with the need for uniform regulation of the Internet https://www.insightsassociation.org/article/does-ccpa-violate-us-constitution Shame! New York City councilman says it’s ‘un-American’ not to allow noncitizens to vote. If U.S. citizenship means so little to you, you are free to leave. https://www.breitbart.com/politics/2020/01/26/nyc-councilman-un-american-not-give-voting-rights-non-citizens/ Shame! Connecticut Senate President Pro Tem says free speech is “unfortunate” because look at all the haters running around. Sure. https://www.thegatewaypundit.com/2020/01/dem-lawmakers-in-ct-propose-new-police-dept-specifically-for-fighting-far-right-extremism-says-freedom-of-speech-is-unfortunate/ Kudos! to PragerU for video pointing out that the word ‘slave’ in the third stanza of the Star-Spangled Banner could easily have been used metaphorically to describe subservient status, not actual slavery https://www.prageru.com/video/is-the-national-anthem-racist/ 5A Fundamental Rights: Climate Kids’ case tossed for lack of standing; to seek en banc review in the 9th Circuit
https://reason.com/2020/01/20/kids-climate-plaintiffs-to-seek-rehearing-en-banc/ 2A: Virginia Supreme Court upholds ban on guns at rally after Governor declares state of emergency; ‘safety and welfare’ trump Second Amendment https://www.whsv.com/content/news/Organizers-appeal-Virginia-rally-gun-ban-6-now-arrested-567077051.html
Amendments: Virginia legislature passes Equal Rights Amendment, Governor to sign; battle over whether the ERA has been duly ratified is set to begin https://www.npr.org/2020/01/15/796754345/virginia-ratifies-the-equal-rights-amendment-decades-after-deadline 1A Religion: Supreme Court to consider whether ban on use of state education tax credits for religious schools keeps government out of religion or discriminates against religion https://www.nbcnews.com/politics/supreme-court/supreme-court-takes-church-state-separation-christian-schools-case-n1117006 Electoral College: Supreme Court to take up ‘faithless electors’ issue https://www.wsj.com/articles/supreme-court-to-consider-whether-presidential-electors-can-vote-for-candidate-not-chosen-in-state-popular-vote-11579293850?mod=hp_lead_pos7
https://www.oann.com/growing-number-of-texas-cities-vote-to-become-sanctuary-cities-for-the-unborn/ 1A: Oregon Appeals Court hears arguments in Christian bakers same-sex wedding cake case after ordered by Supreme Court to revisit in light of Masterpiece ruling against hostility to religion https://www.dailysignal.com/2020/01/15/christian-bakers-challenge-135k-fine-for-quoting-bible-verse/ Commerce Clause: mosques are not in ‘interstate commerce’ nor do they affect it; federal arson conviction vacated (6th Circuit) https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0017p-06.pdf 1A: challenge to Michigan hate speech database initiative survives state’s motion to dismiss https://www.americanfreedomlawcenter.org/wp-content/uploads/2020/01/Order-Denying-Motion.pdf Shame! on the Democratic county board member in North Carolina who threatened to call the police after audience stages impromptu recitation of the Pledge of Allegiance https://www.westernjournal.com/dem-official-threatens-call-cops-pledge-allegiance-recited/ |
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