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Equal Protection Run Amok (Constitution news round-up)

10/14/2020

 
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
https://twitter.com/AZachParkinson/status/1314027504349450245

Equal Protection Run Amok:

  • The wages of the of the political Right letting disparate impact theory go unchallenged:  California requires counties to meet racial quotas (“health equity metrics”) before they can get out from under state’s COVID lockdown orders
    https://www.city-journal.org/california-race-coding-criteria-for-reopening
  • LGBT Wars: 14A Due Process right to a family relationship was probably violated when woke Washington state bars religious grandparents from fostering 1-year old because the child might, maybe, someday, hypothetically speaking, grow up to be gay or transgender
    https://reason.com/2020/10/09/coupled-barred-from-fostering-their-1-year-old-great-granddaughter-because-of-their-opposition-to-homosexuality-and-gender-transitioning/
  • Justice Department sues Yale for race-based preferences in admissions policies
    https://www.powerlineblog.com/archives/2020/10/trump-barr-justice-department-sues-yale-for-discriminating-in-admissions.php


1A: Right of access to public information protects filming child welfare visits to your home (Pennsylvania appellate court)
https://reason.com/2020/10/09/first-amendment-right-to-record-child-protection-visit-to-your-home/
 
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
https://reason.com/2020/10/10/federal-court-accepts-churchs-challenge-to-d-c-s-100-person-limit-on-outdoor-religious-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
https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0325p-06.pdf

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)
https://reason.com/2020/10/13/due-process-for-butterflies-in-the-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
https://www.heritage.org/civil-rights/report/the-national-popular-vote-misusing-interstate-compact-bypass-the-constitution

Electoral College:  Adam Schiff supports doing away with the Electoral College
https://www.breitbart.com/clips/2020/10/09/schiff-i-would-favor-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
https://lawliberty.org/podcast/dan-mahoney-announces-the-liberty-and-justice-for-all-project/

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
https://www.westernjournal.com/california-invades-private-property-take-trump-sign-la/


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