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Federal  Housing  Finance  Agency  structure  ruled  unconstitutional  (Constitution  news  round-up)

7/18/2018

 
Separation of Powers: U.S. appeals court finds Federal Housing Finance Agency structure unconstitutional - “headed by a single Director removable only for cause, does not depend on congressional appropriations, and evades meaningful judicial review.”
https://reason.com/volokh/2018/07/16/federal-court-holds-fhfa-unconstitutiona

Art 1 Sec 8 Naturalization – in preliminary ruling, U.S. judge declines to strip citizenship from Pakistani-born Al Qaeda Brooklyn Bridge plotter
https://www.politico.com/blogs/under-the-radar/2018/07/16/citizens-terror-denaturalization-al-qaeda-725963

1A: In win for free speech, IRS exempts charities from disclosure of donor names and addresses
https://www.wsj.com/articles/an-irs-advance-for-speech-privacy-1531783998
 
1A: federal appeals court rules most injunctions against libel are unconstitutional prior restraints; law unsettled, Supreme Court will have to weigh in
http://reason.com/volokh/2018/07/11/first-circuit-holds-most-modern-anti-lib

1A/4A: civil libertarians questioning NYPD’s combing through social media tweets to use in arrests and gang takedowns
http://www.brennancenter.org/blog/when-facebook-lands-you-jail
 
1A Religion: federal appeals court permanently blocks trial judge’s order granting abortion chain’s demands for private communications of non-party Texas bishops
https://www.nationalreview.com/bench-memos/fifth-circuit-blocks-outrageous-discovery-order-against-texas-catholic-conference/
 
1A: teen who told her boyfriend to kill himself claims it was free speech
https://www.collegemedianetwork.com/teen-who-urged-boyfriends-suicide-through-text-says-it-was-free-speech/

Free Speech: U of Minnesota considers expelling students for failing to use preferred transgender pronouns. (Phase 1: make your ideas ubiquitous. Phase 2: shut everyone else down and crack their heads.) #FreeYourInnerFascist
http://www.wnd.com/2018/07/college-may-punish-incorrect-use-of-gender-pronouns/?cat_orig=education
 
Free Speech: Use the harm of ‘offensive’ speech to curb free speech? Think again:  “Nazis with the freedom to speak can cause less harm than Nazis with the power to regulate speech.”
https://quillette.com/2018/07/11/free-speech-doesnt-protect-nazis-it-protects-us-from-nazis/
 
1A: a ‘right to be forgotten’ – when it results in orders to media to delete archived stories - is inconsistent with the First Amendment
http://reason.com/volokh/2018/07/16/tv-station-ordered-to-expunge-archived-s
 
2A: federal appeals court upholds preliminary injunction against California’s ban on high capacity magazines
http://reason.com/volokh/2018/07/17/second-amendment-injunction-against-cali
 
2A: gun groups sue California for botching online gun registration system and putting people who attempted to comply at risk of arrest
http://freebeacon.com/issues/gun-rights-groups-sue-california-over-registration-failures-that-could-result-in-gun-owners-being-locked-up/?utm_source=Freedom+Mail&utm_campaign=988db41476-EMAIL_CAMPAIGN_2018_07_12_09_36_COPY_73&utm_medium=email&utm_term=0_b5e6e0e9ea-988db41476-45628225
 
2A: vet fights warrantless seizure of his registered guns and wins
https://freedomoutpost.com/cops-attempt-to-seize-veterans-guns-with-no-warrant-but-he-refuses-to-submit-and-wins/
 
2A: Yes, they ARE coming for your guns. NY Dem candidate laments she can’t come out as a gun-grabber until after the election
http://freebeacon.com/politics/new-york-democrat-candidate-says-wants-certain-guns-banned-private-meeting-wont-say-publicly/?utm_source=Freedom+Mail&utm_campaign=4beeef084c-EMAIL_CAMPAIGN_2018_07_13_06_45_COPY_01&utm_medium=email&utm_term=0_b5e6e0e9ea-4beeef084c-45628225
 
2A: if illegal alien girls stepping one toe over the border have due process rights to abortions, don’t they also have the right to bear arms?  #CarefulWhatYouWishFor
https://www.cnsnews.com/commentary/terence-p-jeffrey/does-alien-caught-border-have-right-bear-arms

4A: mass strip-search of 22 middle-school girls unconstitutional, federal appeals court rules
https://www.thenewamerican.com/usnews/constitution/item/29506-schools-2013-strip-search-sixth-graders-finally-ruled-unconstitutional
 
5A Eminent Domain: Kelo one of the worst decisions ever; will Kavanaugh stand up for property rights?
https://americanpolicy.org/2018/07/17/will-brett-kavanaugh-stand-for-property-rights/?mc_cid=c7cf8ae2d7&mc_eid=d08e7ded69

8A: U.S. appeals court rules there is no constitutional right to cash bail in lieu of non-monetary conditions for pre-trial release
https://www.law.com/njlawjournal/2018/07/09/3rd-circuit-shackles-constitutional-challenge-to-nj-bail-reform-law/?slreturn=20180616065512

10A: activists gathering signatures for ballot initiative to reverse California immigration policies; stunning number of signatures gathered in Oregon for anti-sanctuary measure
https://www.sacbee.com/news/politics-government/capitol-alert/article214451294.html
+ https://www.washingtontimes.com/news/2018/jul/11/stop-oregon-sanctuaries-fight-sanctuary-state-aim-/

14A: New Hampshire Governor signs voter residency requirement into law after state high court advises it’s constitutional
https://www.concordmonitor.com/In-3-2-decision-Supreme-Court-upholds-constitutionality-of-voting-residency-bill-18791151

14A Equal Protection: unprecedented and confusing - U.S. judge finds Jews are a ‘race’ entitled to civil rights protection on the basis of race. My question: Are Moroccan Muslims the same ‘race’ as Indonesian Muslims? CAIR wants you to think they are.
https://www.algemeiner.com/2018/07/17/in-historic-ruling-us-judge-finds-jews-entitled-to-race-based-civil-rights-protections/

14A: another case of political bias in public accommodations (Uber) – is this what we want?
http://dailycaller.com/2018/07/16/exclusive-young-republicans-dumped-at-a-random-gas-station-by-anti-trump-uber-driver-speak-out/

ERAUSANOW TITLEIX‏ @ERAUSANOW Jul 12
Replying to @LiberatoUS
You are sadly mistaken
Liberato.US‏ @LiberatoUS Jul 12
Amendments: the Constitution already protects women; Equal Rights Amendment is useless and dangerous

7/18 response: Well, that was clear as mud. Not well argued. BTW: what happened to your website (ratifyera.org)? Did you lose your funding?

Oshtur‏ @Vishanti Jul 12
Replying to @LiberatoUS
No, all it does is say there must be religious neutrality in applying the law. A complaining parent should be treated the same whether their complaint originates from religion or secular prudery, that’s all.
Liberato.US‏ @LiberatoUS Jul 12
Using Masterpiece to full advantage: constrains public agency treatment of religious belief; could block teaching radical sex ed agenda to schoolchildren http://www.missionamerica.com/article/free-school-sex-ed-slaves-after-cakeshop-decision/ …

7/18 response: If that were true, Justice Kennedy would not have gone on at length about public officials’ hostility towards religion being fair game. Good luck confining Masterpiece to your overly-narrow reading.

14A Due Process: NY court reminds everyone that student disciplinary proceedings are not kangaroo courts and do require due process
http://reason.com/volokh/2018/07/15/court-feels-compelled-to-express-dismay

Appointments clause: U.S. judge says members of Puerto Rico financial oversight board constitutionally appointed
https://www.reuters.com/article/us-usa-puertorico-lawsuit/us-judge-nixes-move-to-toss-puerto-rico-bankruptcy-case-idUSKBN1K400E

State Constitution: class action alleges student fees contravene Idaho guarantee of free public education
https://www.ktvb.com/article/news/education/class-action-lawsuit-charging-idaho-students-fees-is-unconstitutional/277-573723828

14A birthright citizenship seen as negating threat blacks would be forcibly removed, thus transforming the country
http://time.com/5324440/14th-amendment-meaning-150-anniversary/

“Happy 150th Birthday, 14th Amendment” – hear the story of its origins, drafting, and ratification

 https://constitutioncenter.org/blog/happy-150th-birthday-14th-amendment


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