Justice Department won’t contest Texas suit to end DACA (Constitution news round-up)

Executive Overreach: Justice Department won’t contest Texas suit to end DACA; agrees DACA is unconstitutional and should be terminated
https://www.khou.com/article/news/politics/national-politics/us-justice-department-wont-fight-texas-efforts-to-end-daca/285-563135070

5A Due Process: federal judge greenlights challenge to Trump policy separating families at the border
https://www.nytimes.com/2018/06/06/us/family-separations-migrants-court.html

10A Commandeering: U.S. can’t withhold grants from sanctuary city Philadelphia, federal judge rules
http://thehill.com/latino/390996-federal-judge-rules-against-trump-administration-in-philadelphia-sanctuary-city-case

Article IV: “Radical plan to split California into three states earns spot on November ballot”
http://www.latimes.com/politics/la-pol-ca-california-split-three-states-20180612-story.html

1A Free Exercise, Compelled Speech: artists (citing Masterpiece Cakeshop) to appeal Arizona ruling forcing them to convey messages about same-sex marriage against their conscience.
http://www.adfmedia.org/News/PRDetail/10037

1A: federal appeals court knocks down North Carolina law that sought to bar whistleblowers and undercover journalists from publicizing wrongdoing at private entities (firms, nursing homes, etc.)
https://www.ecowatch.com/north-carolina-anti-sunshine-law-2575735371.html
 
1A: Louisiana Governor signs campus free speech bill; sorry kids, no safe spaces here
http://www.theadvocate.com/baton_rouge/news/politics/legislature/article_9f2242fe-6a8f-11e8-9937-7b6131abfe91.html
 
1A: New York poised to criminalize cyber-bullying of minors, but proposal to curb “abuse” seen as vague and overbroad
http://reason.com/volokh/2018/06/09/ny-set-to-criminalize-much-verbal-abuse
 
1A: “Criminal Libel Laws Are Constitutional If They're Limited to Deliberate Lies”
http://reason.com/volokh/2018/06/06/criminal-libel-laws-are-constitutional-i
 
1A Free Press: arrest of Senate Intelligence Committee leaker presages battles over press freedom, encryption ahead
https://www.wsj.com/articles/senate-staffers-indictment-spotlights-first-amendment-issues-encrypted-messaging-1528502485?mod=hp_lead_pos8
 
Freedom of Expression: radical gay Left continues assaults on free speech by barraging Twitter CEO for eating at Chick-fil-A and CrossFit exec for tweeting Christian view of ‘pride’ during Gay Pride Month
https://patriotpost.us/articles/56498-rainbow-mafia-to-christians-shut-up?utm_medium=email&utm_source=pp.email.3540&utm_campaign=digest&utm_content=body

2A: ‘gun sanctuary’ movement growing in Illinois to counter threatened gun control measures
https://pjmedia.com/news-and-politics/illinois-counties-declare-themselves-gun-sanctuaries-oregon-voters-could-be-next/?utm_source=PJMCoffeeBreak&utm_medium=email&utm_term=June2018
 
5A Eminent Domain: Supreme Court considering case where landowner ensnared in Catch-22’s requiring ‘final’ regulatory and state court decisions before filing in federal court
http://reason.com/volokh/2018/06/06/our-amicus-brief-in-major-property-right

5A Takings / 8A Excessive Fines: Michigan officials keep all the proceeds ($42,000) of a tax sale after foreclosure when tax bill was only $2,000.  Court calls it “theft”.
https://scholar.google.com/scholar_case?case=11360849702279292516&hl=en&as_sdt=6,47

6A Effective Counsel: rights not violated if lawyer is n-word racist; must show racism adversely affected lawyer’s performance.
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/06/07/16-56188.pdf

6A Attorney-Client Privilege: prison records phone calls between inmates and lawyers, prosecutors listen to them. Convictions could be tossed out.
http://www.kansascity.com/opinion/editorials/article212899804.html

8A: Sex abuse by prison guard constitutes cruel and unusual punishment, federal appeals court rules
http://www2.ca3.uscourts.gov/opinarch/162939p.pdf

9A: “Climate Constitution” push shows the danger of unmooring the Ninth Amendment from its natural law roots. Good luck with getting a “stable climate”; no such thing and declaring it a right won’t help you. #PieInTheSky
https://www.commondreams.org/views/2018/06/06/climate-constitution-courts-and-streets

Economic Freedom: appeal to be filed after Pennsylvania court rules only licensed real estate professionals can manage Airbnb properties
http://ij.org/press-release/pennsylvania-court-dismisses-airbnb-lawsuit/

Contract Clause: states cannot impair obligation of contract but Supreme Court OK’s wiping out spouse beneficiary in life insurance policy after divorce (only Gorsuch dissents)
http://www.libertylawsite.org/2018/06/12/gorsuch-tries-unsucessfully-to-restore-the-contract-clause/

State Constitutions: Maine Governor appeals court order to start Medicaid expansion, argues implementation without legislative appropriation for the cost violates separation of powers
http://www.capitalgazette.com/sns-bc-me--maine-medicaid-20180607-story.html

State Constitutions: Voter ID fight continues in North Carolina as Republicans to seek amendment to state constitution
https://www.usnews.com/news/best-states/north-carolina/articles/2018-06-07/voter-id-proposed-again-this-time-as-change-to-constitution

State Constitutions: major rethink of Chevron deference continues as Mississippi Supreme Court abandons deference to agency interpretation of statutes
https://courts.ms.gov/Images/Opinions/CO129999.pdf

Amendments: activists seeking constitutional amendment to overturn Citizens United decision protecting corporate political spending (will that go for unions too, hmm?)
https://www.capenews.net/mashpee/news/advocacy-group-takes-on-political-speech-case/article_bba523f2-5046-513d-a103-646ccd86ae92.html

Textualism – the only legitimate school of constitutional interpretation – helps the judiciary fulfill its proper role as the watchdog of liberty. (Clint Bolick)
https://object.cato.org/sites/cato.org/files/pubs/pdf/catosletter-v16n2.pdf

Socialist magazine argues for a ‘constituent assembly’ with “unbounded” authority to rewrite the Constitution and “impose” its will on the country. Sure, that’ll help.  Liberté, Egalité, Fraternité!
https://www.jacobinmag.com/2017/01/constitution-trump-democracy-electoral-college-senate

1788: opponent changes mind with promised addition of Bill of Rights, helps ratify U.S. Constitution in Massachusetts
http://northandover.wickedlocal.com/news/20180606/on-second-thought-remembering-north-andovers-william-symmes-jr-who-broke-constitutional-stalemate

Kudos to Korean War vet for winning fight to get his town to fly the U.S. flag again. (p. 5)
http://files.constantcontact.com/0425bf3f301/4672c161-0aa9-4773-9328-4954a53540cd.pdf

Shame! California college drops national anthem from graduation ceremony. (Trump will not defend school against foreign invasion...  just kidding!)
https://www.dailysignal.com/2018/06/06/california-college-spikes-national-anthem-from-graduation-ceremony/?utm_source=TDS_Email&utm_medium=email&utm_campaign=CapitolBell&mkt_tok=eyJpIjoiTlRKa1lqVTJNakkwTURBeiIsInQiOiJ2eGVzYWlndk53ZDgzUWhEZGtlQmNLNGp2c2hLZlF6Vkt3S1wvTmpiYmpaejNjdGM3VmtrSXd0UUJcL2U0bWxtUXV5bkx1dmozYUxHaVB1OVFtdkg4WEtTXC82RTFIZ2l0V3RodUQ3Tk1LUENiSmY0TnZSS2piTzhWMzlZckNOc240OSJ9