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. 
https://www.upi.com/Top_News/US/2020/09/15/Judge-rules-Pennsylvanias-COVID-19-restrictions-unconstitutional/1971600143079/

• The Constitution cannot accept the concept of a 'new normal' where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures.

“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.”
https://www.dailysignal.com/2020/09/15/cdcs-unlawful-unconstitutional-moratorium-on-evictions/

Education Department proposes rule to implement Trump order protecting campus free speech
https://www.nationalreview.com/corner/trump-administration-advances-policy-to-protect-free-speech-on-campus/

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)
https://www.nationalreview.com/bench-memos/en-banc-eleventh-circuit-okay-to-condition-restoration-of-felons-voting-rights-on-satisfaction-of-criminal-sentence/

1A: Third Circuit holds ban on political public transit ads unconstitutional; no reliable way to distinguish between political and nonpolitical ads
https://reason.com/2020/09/14/excluding-transit-ads-that-contain-political-messages-violates-the-first-amendment/

2A: “These 10 Examples of Defensive Gun Use Underscore Second Amendment’s True Purpose”
https://www.dailysignal.com/2020/09/10/these-10-examples-of-defensive-gun-use-underscore-second-amendments-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
https://reason.com/2020/09/15/s-f-basic-income-program-for-pregnant-women-but-women-of-the-wrong-races-need-not-apply/

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
https://reason.com/2020/09/16/if-proposition-16-passes-californias-future-might-look-like-this/

Commerce Clause / Necessary & Proper Clause: 11th Circuit panel invalidates Maritime Drug Law Enforcement Act;  analysis different for foreign commerce
https://reason.com/2020/09/12/eleventh-circuit-panel-finds-that-maritime-drug-law-enforcement-act-exceeds-congresss-powers-under-the-foreign-commerce-clause-and-the-necessary-and-proper-clause-powers/

Electoral College: Steve Forbes on the risks of moving to national popular vote
https://www.youtube.com/watch?v=M6SHOivQon8

State Constitution: Wisconsin AG attempting to give control over water wells to state agency in violation of state constitution
https://www.nationalreview.com/2020/09/wisconsin-attorney-general-josh-kaul-power-grab-destroys-liberty/

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
https://reason.com/2020/09/11/judge-bumatay-on-originalism-in-the-lower-courts-it-is-our-duty-to-apply-the-constitution-not-extend-precedent/

“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”
https://www.dailysignal.com/2020/09/15/3-arguments-on-how-the-constitution-treated-slavery/

Shame! Ohio high school suspends, forced to reinstate football players for waving flags honoring police and firefighters who lost their lives on 9/11
https://www.thegatewaypundit.com/2020/09/update-little-miami-high-school-reinstates-football-players-waved-thin-red-line-thin-blue-line-flags-9-11-shame-press-release/

Kudos! to U Northern Iowa instructor Thomas Larsen for suggesting federal agencies replace banned critical race theory training with the U.S. Constitution
https://wcfcourier.com/opinion/columnists/guest_columnists/guest-column-if-critical-race-trainings-end-teach-the-constitution/article_27fb4438-98e1-5157-9aaa-2c5bb48c5f99.html