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CDC Eviction Moratorium Challenged on Constitutional Grounds (Constitution news round-up)

9/9/2020

 
Kitchen Sink: CDC eviction moratorium challenged on supremacy clause, nondelegation, anti-commandeering and other grounds
https://reason.com/2020/09/08/ncla-challenges-cdcs-eviction-moratorium/

4A: 9th Circuit rules NSA mass telephone record surveillance program revealed by Edward Snowden was illegal
https://www.reuters.com/article/us-usa-nsa-spying/u-s-court-mass-surveillance-program-exposed-by-snowden-was-illegal-idUSKBN25T3CK

Discrimination: second federal judge rules against Trump administration rollback of Obamacare LGBT protections
https://thehill.com/regulation/court-battles/514885-lgbtq-advocates-notch-legal-win-in-fight-against-trump-health-care

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
https://www.dailysignal.com/2020/09/03/in-foreboding-ruling-appeals-court-says-transgender-students-may-use-restroom-of-choice/

1A: Demonstrators have a right to speak from traffic medians ((10th Circuit)
https://www.ca10.uscourts.gov/opinions/19/19-6008.pdf

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
http://www.ca5.uscourts.gov/opinions/pub/19/19-50354-CV0.pdf

1A: religious institutions can fire “ministerial employees” based on sexual orientation, but cannot harass them with a hostile working environment (7th Circuit)
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020/D08-31/C:19-2142:J:Flaum:dis:T:fnOp:N:2572335:S:0
 
2A: Circuits now split on confiscation of gun magazines, setting up possible Supreme Court case
https://reason.com/2020/09/08/magazine-confiscation-splits-third-and-ninth-circuits/
 
8A: keeping a death-row inmate in solitary confinement for 33 years is cruel and unusual punishment (3rd Circuit)
https://www2.ca3.uscourts.gov/opinarch/183505p.pdf

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)
https://media.ca11.uscourts.gov/opinions/pub/files/201911921.pdf

Shame! Washington and Lee University offers Marxist course on ‘How to Overthrow the State’.  Let’s start with your faculty lounge, shall we?
https://thefederalist.com/2020/09/04/this-virginia-university-offers-course-on-how-to-overthrow-the-state-and-write-your-own-manifesto/



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