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Gun  Rights  in  the  Spotlight  (Constitution  news  round-up)

4/29/2020

 
2A: Supreme Court dismisses New York gun rights case as moot; the laws in question restricting the transport of guns were changed
https://www.jdsupra.com/legalnews/supreme-court-decides-new-york-state-70051/

2A: federal judge temporarily blocks California’s deliberately burdensome ammunition background checks
https://www.sacbee.com/news/california/article242248616.html

2A: COVID order puts outrageous Maryland case back in the spotlight - police shoot sleeping man through his window in unprovoked attack; allege he possessed firearms despite juvenile conviction, but can’t produce the case
https://www.theamericanconservative.com/articles/duncan-lemps-parents-threatened-with-jail-for-protesting-his-killing/

Emergency Powers - Attorney General William Barr warns states the Constitution is not suspended in times of crisis and not to overreach in their emergency pandemic measures 
https://www.upi.com/Top_News/US/2020/04/28/Barr-tells-prosecutors-to-watch-for-unlawful-coronavirus-policies/9011588063489/?ls=3
 
Due Process: Sixth Circuit makes up a ‘constitutional right to literacy’ (i.e., ‘a state-funded education of a certain quality’)
https://www.wsj.com/articles/judges-discover-a-constitutional-right-to-literacy-11587935378
 
14A: 10th Circuit rules Kansas proof-of-citizenship law unduly burdens right to vote
https://www.kwch.com/content/news/Appeals-court-Proof-of-citizenship-for-voter-registration-unlawful--570042821.html
  • Bad decision stemming from tunnel-vision analysis.  The court dilutes the importance of U.S. citizenship, which creates a whole raft of other problems.

1A: Community college in Iowa settles case with professor fired for pro-Antifa views for $25,000
https://www.insidehighered.com/quicktakes/2020/04/28/kirkwood-cc-settles-pro-antifa-instructor
 
14A: 8th Circuit upholds Iowa law requiring certificate of need from proposed new surgery centers but not from existing centers or hospitals
https://ecf.ca8.uscourts.gov/opndir/20/04/183403P.pdf

Discrimination: Muslim high school teacher in New Jersey was rightly fired for his anti-Semitic views ("Jews are Like a Cancer" and "U.S. Planned, Carried Out 9/11"), personal slurs notwithstanding (3rd Circuit)
https://www2.ca3.uscourts.gov/opinarch/192217p.pdf

Due Process: Judge starts discrimination trial with a dog-and-pony show about great civil rights leaders in history and ‘bending the moral arc of the universe’; California appellate court reverses, citing lack of an impartial tribunal
https://reason.com/2020/04/24/judge-begins-a-gender-discrimination-trial-with-a-presentation-highlighting-the-great-achievements-of-our-nations-civil-rights-leaders/

21A,Commerce Clause: 6th Circuit upholds Michigan law allowing in-state but not out-of-state alcohol retailers from shipping directly to consumers
https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0119p-06.pdf

Electoral College: National Popular Vote supporters assume the two-party system would continue unaffected, but NPV would splinter system into numerous special-interest parties
https://lawliberty.org/the-national-popular-vote-a-threat-to-electoral-stability/

New book: “Free Speech and Liberal Education: A Plea for Intellectual Diversity and Tolerance” - ranges from cancelled events to academic freedom and beyond; discusses the classical liberal view v. social justice, progressive bullying, and censorship.

https://www.cato.org/books/free-speech-liberal-education

Yo, Progs! When was your “living, breathing Constitution” ratified?  When did We the People consent to living under your silly little subjective standards? 

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