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Separation  of  Powers  Front  and  Center  in  Recent  Cases  (Constitution  news  round-up)

3/4/2020

 
Separation of Powers: 2nd Circuit panel allows the Justice Department to block certain funds to sanctuary jurisdictions; Congress delegated authority to Attorney General to set conditions on grants in question
https://thehill.com/regulation/court-battles/484715-appeals-court-rules-trump-administration-can-withhold-grants-from

Separation of Powers: Supreme Court hears oral arguments on constitutionality of CFPB; Director not answerable to the President
https://www.theepochtimes.com/constitutionality-of-consumer-bureau-challenged-before-supreme-court_3259126.html

Separation of Powers: federal judge rules Trump’s diversion of $90M in Pentagon funds for border wall unlawful when Congress tried to stop it and $90M military project in Washington state was delayed; decision appears to buck Supreme Court ruling
https://www.washingtontimes.com/news/2020/feb/27/judge-barbara-rothstein-rules-donald-trump-cant-us/

2A: Supreme Court won’t block Trump’s bump stock ban for now
https://www.theepochtimes.com/supreme-court-rejects-gun-rights-bid-to-block-bump-stock-ban-for-now_3257723.html

1A: 9th Circuit shoots down PragerU free speech appeal, rules YouTube may be a ‘virtual public square’ but not a state actor subject to the First Amendment
http://cdn.ca9.uscourts.gov/datastore/opinions/2020/02/26/18-15712.pdf

Electoral College: LULAC fails in bid to rewrite Electoral College rules by awarding electoral votes proportionally; 5th Circuit upholds winner take all system
https://www.washingtontimes.com/news/2020/feb/26/electoral-college-winner-take-all-system-used-48-s/

Electoral College: Virginia Senate committee punts National Popular Vote proposal to next year
https://www.virginiamercury.com/2020/02/25/national-popular-vote-proposal-fails-in-va-senate-committee/

Equal Rights Amendment: Careful what you wish for - Mother’s Day, single-sex education, Roe v. Wade, transgenderism, 230 pages of distinctions between men and women in the U.S. Code, and other imponderables await
https://thefederalist.com/2020/02/25/how-courts-would-use-the-equal-rights-amendment-to-ruin-the-country/

1A: 5th Circuit hears oral arguments in UTexas ‘hate speech police’ case; trial judge found colleges have a right to balance free expression with civility
https://www.lawliberty.org/2020/03/02/bias-response-teams-silence-civic-debate/

Eminent Domain: Federal Circuit upholds landowners’ right to sue for just compensation when government converts railroad track into recreational trail
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1158.Opinion.2-20-2020_1536676.pdf

Eminent Domain: class action seeks just compensation for thousands of parking ticket recipients whose vehicles were seized and sold by city towing contractor
https://chicago.suntimes.com/city-hall/2020/2/26/21155079/city-accused-violating-constitution-towing-without-compensation

14A: article argues forgotten words of 14A Section 2 could be used to decrease representation in Congress of states that infringe the right to vote
https://www.politico.com/news/magazine/2020/02/23/the-lost-constitutional-tool-to-protect-voting-rights-116612

Shame! on the high school in Ohio that told Future Farmers of America they could not fly Trump flags on their tractors, and Kudos! to the kids who staged a tractor parade to school, flags waving high in defiance
https://www.thegatewaypundit.com/2020/03/coldwater-high-school-in-ohio-tells-ffa-members-to-remove-their-trump-flags-so-the-kids-held-a-maga-tractor-parade-to-school-video/


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