Executive Overreach: Justice Department won’t contest Texas suit to end DACA; agrees DACA is unconstitutional and should be terminated
5A Due Process: federal judge greenlights challenge to Trump policy separating families at the border
10A Commandeering: U.S. can’t withhold grants from sanctuary city Philadelphia, federal judge rules
Article IV: “Radical plan to split California into three states earns spot on November ballot”
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.
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.)
1A: Louisiana Governor signs campus free speech bill; sorry kids, no safe spaces here
1A: New York poised to criminalize cyber-bullying of minors, but proposal to curb “abuse” seen as vague and overbroad
1A: “Criminal Libel Laws Are Constitutional If They're Limited to Deliberate Lies”
1A Free Press: arrest of Senate Intelligence Committee leaker presages battles over press freedom, encryption ahead
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
2A: ‘gun sanctuary’ movement growing in Illinois to counter threatened gun control measures
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
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”.
6A Effective Counsel: rights not violated if lawyer is n-word racist; must show racism adversely affected lawyer’s performance.
6A Attorney-Client Privilege: prison records phone calls between inmates and lawyers, prosecutors listen to them. Convictions could be tossed out.
8A: Sex abuse by prison guard constitutes cruel and unusual punishment, federal appeals court rules
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
Economic Freedom: appeal to be filed after Pennsylvania court rules only licensed real estate professionals can manage Airbnb properties
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)
State Constitutions: Maine Governor appeals court order to start Medicaid expansion, argues implementation without legislative appropriation for the cost violates separation of powers
State Constitutions: Voter ID fight continues in North Carolina as Republicans to seek amendment to state constitution
State Constitutions: major rethink of Chevron deference continues as Mississippi Supreme Court abandons deference to agency interpretation of statutes
Amendments: activists seeking constitutional amendment to overturn Citizens United decision protecting corporate political spending (will that go for unions too, hmm?)
Textualism – the only legitimate school of constitutional interpretation – helps the judiciary fulfill its proper role as the watchdog of liberty. (Clint Bolick)
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!
1788: opponent changes mind with promised addition of Bill of Rights, helps ratify U.S. Constitution in Massachusetts
Kudos to Korean War vet for winning fight to get his town to fly the U.S. flag again. (p. 5)
Shame! California college drops national anthem from graduation ceremony. (Trump will not defend school against foreign invasion... just kidding!)