Gun-Quake in Virginia! 20+ Locales Declare Second Amendment Sanctuaries (Constitution news round-up)12/5/2019
Gun-Quake in Virginia! - 23 locales declare Second Amendment sanctuaries after blue wave election; more expected
https://www.gunsamerica.com/digest/20-virginia-counties-2a-sanctuaries/ 2A: less to gun sanctuaries than meets the eye; symbolic resolutions that don’t have any teeth and won’t stop enforcement of state or federal gun laws https://mises.org/wire/second-amendment-sanctuaries-rhetoric-vs-reality 2A: “Olympic Venezuelan Shooter: Banning Guns Is the First Step of Socialism” https://www.youtube.com/watch?v=lviMNTTPHqo&feature=share Separation of Powers: Financially-interested refugee resettlement agencies sue Trump administration over executive order empowering locales to decline refugees; argue statute only provides for consultation https://wamu.org/story/19/11/26/trump-administration-sued-by-refugee-advocates-over-executive-order/ 1A: No, the n-word is not “obscenity”. Federal judge allows lawsuit by student barred from graduation ceremony for prior use of the word. https://reason.com/2019/11/19/barred-from-participating-in-public-high-school-graduation-for-using-nigger-in-a-tweet/ Free Expression: Merkel’s Muddle - ‘we have to curb free speech or society will no longer be free.’ Huh? Sure, and work is freedom - Sieg Heil! https://www.thegatewaypundit.com/2019/11/stunning-globalist-angela-merkel-to-german-parliament-we-have-to-take-away-your-freedom-of-speech-or-we-wont-be-free/ 4A: Fourth Circuit upholds conviction of sex trafficker whose electronic devices were seized and searched on re-entry through JFK airport; evidence fails ‘border search’ exception but come in under ‘good faith’ exception http://www.ca4.uscourts.gov/opinions/174109.P.pdf 5A Due Process: authorities did not interfere with terror suspect’s right to travel when they subjected him to advance screening, prolonged questioning, and multiple searches (5th Circuit) https://www.ca10.uscourts.gov/opinions/18/18-4078.pdf 5A Eminent Domain: legal foundation takes up case where police destroyed house in course of an arrest and denied property owner compensation https://reason.com/2019/12/04/institute-for-justice-takes-up-case-where-federal-court-ruled-government-owes-no-compensation-to-innocent-property-owner-whose-house-was-destroyed-by-police/ 10A: feds object to restrictions on ICE arrests at state courthouses https://www.washingtonexaminer.com/washington-secrets/justice-and-dhs-reject-state-restrictions-on-ice-arrests-at-state-courthouses 14A Equal Protection - second challenge filed to California’s gender quota law forcing companies to put women on their boards of directors https://www.theepochtimes.com/businessman-sues-california-over-sex-based-corporate-affirmative-action_3149003.html Discrimination: Texas arrangement to allow death row inmates access to state-employed spiritual advisors just prior to execution discriminates against Buddhists because the state doesn’t employ a Buddhist advisor (5th Circuit). http://www.ca5.uscourts.gov/opinions/pub/19/19-70020-CV0.pdf Electoral College: “California Dems Flood Colorado With Cash Ahead of National Popular Vote Referendum” https://freebeacon.com/politics/california-dems-flood-colorado-with-cash-ahead-of-national-popular-vote-referendum/ Antifederalists prescient in foreseeing runaway Supreme Court and unchecked expansion of federal power through innocuous language like the ‘general welfare’ and ‘necessary and proper’ clauses https://fee.org/articles/the-antifederalists-were-eerily-prophetic/ Panel discusses the 3 co-equal branches and separation of powers - executive privilege v. congressional oversight, and what should courts decide https://www.youtube.com/watch?v=yDHJfOCUNw4&feature=emb_logo Shame on Mayor Pete for joining the Reconquista! You’re running for President of these United States and you’re pandering to people who don’t want there to be a United States? Good grief! #NotMyPresident https://twitter.com/arthurschwartz/status/1201286673486766080 Kudos to Melania Trump for defending the right of Baltimore teens to boo her https://6abc.com/politics/melania-trump-booed-by-teens-at-baltimore-school/5721909/ Separation of Powers - federal judge Oregon blocks Trump administration rule requiring immigrants to show proof of health insurance before being allowed to enter the country; Congress did not delegate such power, judge rules
https://www.upi.com/Top_News/US/2019/11/27/Federal-judge-blocks-Trumps-insurance-mandate-for-immigrants/1871574838858/?ls=3 First Amendment issues likely to propel David Daleiden’s Planned Parenthood undercover sting video case to the Supreme Court https://thefederalist.com/2019/11/18/why-the-planned-parenthood-whistleblower-case-will-likely-hit-the-supreme-court/ 1A Conscience: “California Supreme Court: Catholics Must Insure Abortions on Demand Because They Are ‘Medically Necessary’” https://www.breitbart.com/politics/2019/11/21/california-supreme-court-catholics-must-insure-abortions-on-demand/ Equal Protection, etc. - Utah woman charged with lewdness for going topless in front of her children in her own home; husband “similarly clad” but not charged https://www.npr.org/2019/11/21/781703956/utah-woman-charged-with-lewdness-after-being-topless-in-her-own-home 1A: law professor’s video series on free speech continues with the rules pertaining to government property https://reason.com/2019/11/22/free-speech-and-government-property-episode-8-of-my-free-speech-rules-youtube-video-series/ Shame on the grandiose FBI employees who exchanged messages about how they had ‘never liked the Republic’ and had ‘initiated its destruction.’ Shame on you - the Republic gave you your salary - GIVE IT BACK! I’ll take the Republic over you juvenile impudent putzes any day. https://www.thegatewaypundit.com/2019/11/i-have-initiated-the-destruction-of-the-republic-breaking-exclusive-adulterous-attorney-kevin-clinesmith-after-first-carter-page-fisa-app-originated/ Kudos to everyone who made noise - “GVSU student government reinstates Pledge of Allegiance after backlash from students, parents, donors” https://www.mlive.com/news/grand-rapids/2019/11/gvsu-student-government-reinstates-pledge-of-allegiance-after-backlash-from-students-parents-donors.html 8A Cruel and Unusual - federal judge halts federal executions; DOJ had mandated certain lethal injection but federal statute requires feds follow state method
https://www.bbc.com/news/world-us-canada-50499770 1A: ACLU sues Trump administration for detaining and interrogating journalists at the southern border about caravans https://www.upi.com/Top_News/US/2019/11/21/ACLU-sues-Trump-administration-for-tracking-interrogating-journalists-at-border/7471574323111/?ts_=4 Separation of Powers: Supreme Court temporarily blocks release of Trump tax returns to Congress pending further argument https://www.upi.com/Top_News/US/2019/11/18/Supreme-Court-grants-Trump-stay-of-order-to-release-tax-returns/2701574103781/ Supremacy Clause - Trump asks Supreme Court in tax return case to recognize his “absolute immunity” from state prosecution and investigation while he is in office https://constitutioncenter.org/blog/trump-asks-justices-for-sweeping-legal-immunity Due Process, Equal Protection: federal judge rules no-fly list does not offend right to travel or constitute intentional discrimination against Muslims https://www.sltrib.com/news/2018/04/23/judge-dismisses-utah-muslim-leaders-lawsuit-ruling-that-the-inconvenience-of-being-on-government-terror-watchlist-is-not-a-violation-of-his-constitutional-rights/ 1A: third federal judge rules against Trump administration healthcare provider conscience protection rules https://www.lifenews.com/2019/11/20/judge-strikes-down-trump-pro-life-rule-protecting-doctors-from-being-forced-to-do-abortions-2/ Discrimination: affirmative action referendum goes down in flames in Washington state; would have allowed the use of minority status as a factor in public education and hiring https://freebeacon.com/issues/washington-state-defeats-affirmative-action-proposal/ 2A: another Virginia county joins stampede to set up gun sanctuary jurisdictions in preemptive strike against far-left Governor Northam and incoming Democratic majority https://www.godanriver.com/news/local/with-cheers-from-crowd-pittsylvania-county-supervisors-officially-back-gun/article_ee7fdd37-5776-57e9-a845-4c3d86af9a40.html 1A Religion: far-left Michigan Attorney General loses in court again in gay adoption case; court finds her hostile to religion https://www.detroitnews.com/story/news/local/michigan/2019/10/22/judge-denies-nessel-motion-stay-same-sex-adoption-case/2451559001/ Executive Power: William Barr speech says Democrat unrelenting resistance to legitimacy of Trump presidency undermines the rule of law; extols theory of ‘unitary executive’ whereby all executive power is invested in the President https://www.theepochtimes.com/barr-criticizes-incendiary-idea-of-resistance-defends-trumps-use-of-executive-power_3149044.html Impeachment Raising Constitutional Issues - Sixth Amendment right to counsel for the President? Secret ballot for Senate impeachment trial?
https://reason.com/2019/11/12/impeachment-and-the-sixth-amendment/ + https://reason.com/2019/11/12/dont-forget-the-one-fifth-clause/ 2A: Supreme Court turns away Remington’s appeal to block product liability suit arising from Sandy Hook massacre; further proceedings to turn on whether the gun maker marketed the product for assaults against humans https://www.npr.org/2019/11/12/778487920/supreme-court-allows-sandy-hook-families-case-against-remington-to-proceed 1A: just because the Janus decision says you can’t be forced to pay union dues doesn’t mean you get to claw back what you paid the union in the past; unions relied in good faith on legal precedent when they collected the fees (7th Circuit) https://reason.com/2019/11/07/mark-janus-doesnt-get-his-money-back/ 1A: state cannot require someone to register as a lobbyist to speak to legislators where “no one pays him and his activities do not involve spending money” (8th Circuit) https://ecf.ca8.uscourts.gov/opndir/19/11/172654P.pdf 1A: Kansas enters consent judgment agreeing that statute forbidding the advertising of raw milk violates free speech https://reason.com/2019/11/07/right-to-advertise-raw-milk/ 1A: Authoritarian Obama State Department official trashes free speech, calls for hate speech laws to prohibit burning the Quran. So, you can burn the flag but not the Quran - glad we got that settled. https://pjmedia.com/homeland-security/obama-state-department-official-calls-for-criminalization-of-burning-the-quran/ 1A: “If government is the arbiter of what is acceptable speech, you are on the road to a dystopian nightmare.” https://fee.org/articles/without-free-speech-all-speech-becomes-government-speech/ 2A: AR-15 perfect for women for home defense, female gun owners say https://freebeacon.com/issues/female-gun-owners-we-prefer-the-ar-15/
https://www.foxnews.com/us/permitless-gun-carry-oklahoma 4A: federal judge rules indiscriminate search and seizure of smartphones and laptops of travelers at U.S. borders violates Fourth Amendment https://www.upi.com/Top_News/US/2019/11/13/Judge-rules-against-indiscriminate-searches-of-smartphones-laptops/1711573628714/?ls=3 4A: no expectation of privacy in unauthorized use of neighbor’s home network; child pornography conviction stands http://cdn.ca9.uscourts.gov/datastore/opinions/2019/11/04/17-10354.pdf Electoral College: ‘Save Our States’ group building support for the electoral college https://www.dailysignal.com/2019/11/13/save-our-states-is-fighting-to-keep-the-electoral-college-alive/ Electoral College: “‘Popular Vote’ Movement Would Shift Power to Big Cities, Experts Warn” https://www.dailysignal.com/2019/11/08/popular-vote-movement-would-shift-power-to-big-cities-experts-warn/ ‘A’ for Effort - man dies, is revived, claims he has served his life sentence https://www.sbs.com.au/news/us-judges-reject-prisoner-s-claim-that-he-completed-life-sentence-when-he-briefly-died 1A: seventh in video series explains free speech rights at college
https://reason.com/2019/11/04/free-speech-at-college-episode-of-my-free-speech-rules-youtube-video-series/ 5A: Takings Clause does not apply to the destruction of a house in a police operation (10th Circuit) https://reason.com/2019/10/31/federal-court-rules-there-is-no-taking-if-the-police-destroy-an-innocent-persons-house-during-a-law-enforcement-operation/ Spending Clause: federal judge in NY strikes down Trump healthcare conscience rights rule https://www.thegatewaypundit.com/2019/11/obama-appointed-judge-blocks-trumps-conscience-rights-that-allow-doctors-to-refuse-to-perform-abortions/ 5A, Equal Protection: federal judge temporarily blocks immigrant health insurance rule as affront to Due Process and evincing ‘national-origin bias’ https://www.bbc.com/news/world-us-canada-50278527 + https://thehill.com/policy/healthcare/468205-lawsuit-challenges-white-house-policy-requiring-migrant-health-insurance 10A: Trump administration loses another sanctuary city case for attempting to impose new conditions on federal grant money https://reason.com/2019/11/01/trump-administration-loses-a-sanctuary-city-case-yet-again/ 5A Due Process: Supreme Court mulling whether lawful permanent residents can be deported for criminal acts https://www.theepochtimes.com/supreme-court-considers-whether-criminal-lawful-permanent-resident-can-avoid-deportation_3137172.html 2A: Hundreds of Second Amendment gun rights advocates rally on Capitol Hill https://www.oann.com/activists-hold-second-amendment-rally-in-washington-d-c/ State Constitutions: Pennsylvania judge throws out Pittsburgh gun control ordinances because state law preempts local measures https://freebeacon.com/issues/pa-judge-throws-out-pittsburgh-gun-control-measures/ 1A: U of Michigan concedes defeat, disbands speech police https://www.wsj.com/articles/adios-bias-response-team-11572475729 1A: Laura Loomer free speech case against Apple, Google, Facebook, and Twitter to go to trial https://loomered.com/laura-loomer-wins-appeal-will-face-google-twitter-facebook-and-apple-in-dc-circuit-court-of-appeals-over-censorship/ 1A: ‘outdated’ First Amendment under attack; push is on for hate speech laws https://www.washingtontimes.com/news/2019/oct/31/first-amendment-outdated-should-be-rewritten-major/ + https://www.washingtontimes.com/news/2019/oct/31/first-amendment-outdated-should-be-rewritten-major/ + https://www.dailysignal.com/2019/10/31/former-time-magazine-editor-is-wrong-america-doesnt-need-hate-speech-laws/ + http://www.liberato.us/killing-the-political-right.html 2A: “Debunking the Myth of ‘Concealed-Carry Killers’” https://www.dailysignal.com/2019/11/04/debunking-the-myth-of-concealed-carry-killers/ 2A: Pregnant woman in Florida uses AR-15 to fend off two home intruders who were attacking her husband and daughter https://www.dailymail.co.uk/news/article-7647139/Heavily-pregnant-mother-uses-AR-15-kill-home-intruder-two-men-burst-Florida-home.html 2A: Quiet - Gun Grabbers at Work! Florida police use pawnshop data to create illegal gun owners’ list https://dcdirtylaundry.com/florida-police-caught-creating-illegal-lists-for-tracking-gun-owners/ 2A: Active shooter drills train future school shooters how to increase casualties; data suggests other ways to mitigate school shooting problem https://www.edweek.org/ew/articles/2019/10/09/what-school-shooters-have-in-common.html 4A: search and seizure issue not reached in case where court approved an executive branch team to review privileged attorney-client documents seized from law firm http://www.ca4.uscourts.gov/opinions/191730.P.pdf 4A: court ruling may open up consumer DNA sites to law enforcement https://www.nytimes.com/2019/11/05/business/dna-database-search-warrant.html 8A: Indiana Supreme Court reins in civil asset forfeiture under Excessive Fines clause https://ij.org/press-release/with-indiana-supreme-court-ruling-tyson-timbs-is-one-step-closer-to-getting-his-car-back/ 8A: article discusses reforms to civil asset forfeiture including the restoration of the presumption of innocence, channeling seized monies to general fund, outright abolition, etc. https://www.heritage.org/insider/summer-2019-insider/the-police-can-take-your-stuff-the-civil-forfeiture-reforms-we-still Copyright: Supreme Court hears case testing whether copyright holders can sue states for infringement or state immunity bars such claims https://www.theepochtimes.com/state-defends-its-video-piracy-in-pirate-ship-case_3138242.html Symposium finds Constitution under threat from the administrative state and the Left’s assault on civil liberties https://www.heritage.org/the-constitution/report/the-2019-bradley-symposium-the-state-the-constitution Holocaust restitution experience shows slavery reparations would be difficult and divisive to enact https://www.politico.com/magazine/story/2019/10/27/slavery-reparations-holocaust-restitution-negotiations-229881 New documentary - “Clarence Thomas in His Own Words” in theaters next February http://www.liberato.us/constitution-minute.html + http://www.justicethomasmovie.com/#trailer Defending the Constitution - build a fortress around the American Idea! (new video from Potomac Tea Party)
https://www.potomacteaparty.com/videos.html Killing the Political Right - CCGN Pushes Back on “Free Speech is Killing Us” Article http://www.liberato.us/pushback-network.html Supremacy Clause: Trump administration asks Supreme Court to strike California law barring cooperation with federal immigration officials https://dailycaller.com/2019/10/28/california-sanctuary-law-scotus/ 4A: FISA court rules FBI accessed NSA data to systematically spy on Americans without any suspicion of illegal activity https://www.cpomagazine.com/data-privacy/fisa-court-ruled-that-fbi-improperly-used-nsa-surveillance-data-to-snoop-on-americans/ 14A Fundamental Rights: federal judge temporarily blocks near-total Alabama abortion ban https://www.cnn.com/2019/10/29/politics/alabama-abortion-ban-blocked/index.html 8A: state judge strikes down South Carolina civil asset forfeiture law https://www.forbes.com/sites/nicksibilla/2019/10/22/south-carolina-judge-declares--civil-forfeiture-unconstitutional/ 5A,8A,Taxing Power: CRS report flags constitutional problems with Pelosi drug pricing plan https://www.statnews.com/2019/10/25/report-pelosi-drug-pricing-bill-unconstitutional/ 1A: Why the golden age of free speech jurisprudence may not last: “51 percent of Millennials want fines or jail time for 'hate speech'” https://freebeacon.com/issues/poll-majority-of-americans-want-first-amendment-rewritten/ 1A: judge greenlights Rep. Devin Nunes suit against Twitter https://www.thegatewaypundit.com/2019/10/judge-approves-devin-nuness-lawsuit-against-twitter-opens-door-for-thousands-of-conservatives-mistreated-by-social-media-giants/ Free Expression: EU court decision purports to ban social media criticism of European politicians worldwide https://www.thenewamerican.com/world-news/europe/item/33630-eu-court-big-tech-must-censor-critics-of-politicians-worldwide 1A Religion: Supreme Court turns away appeal by Christian student forced to say Islamic prayer in government school https://www.wnd.com/2019/10/supremes-no-problem-teacher-forcing-christian-student-voice-islamic-prayer/ 1A Religion: University of Iowa officials must pay attorney’s fees out of their own pockets after kicking religious groups off campus for not having leaders from another faith https://www.dailysignal.com/2019/10/15/after-getting-kicked-off-campus-this-christian-group-got-justice/ 2A: ICYMI - “Venezuelans regret gun ban, 'a declaration of war against an unarmed population'” https://www.foxnews.com/world/venezuelans-regret-gun-prohibition-we-could-have-defended-ourselves 2A: ACLU calls new California gun control laws a significant threat to civil liberties https://www.oann.com/california-passes-broad-series-of-gun-seizure-laws/ 4A: federal judge in Tennessee rules surveillance cameras placed in open fields are allowed without a warrant because there is no expectation of privacy (4A property rights rationale not discussed) https://www.courthousenews.com/wp-content/uploads/2019/10/treecamera.pdf 6A: you have the right to defend yourself at trial but, if you do a really bad job, don’t complain about it later (6th Circuit) http://www.opn.ca6.uscourts.gov/opinions.pdf/19a0251p-06.pdf Habeas Corpus: reference to “Thou shalt not kill” commandment tainted jury verdict in sentencing phase of death penalty case http://www.ca4.uscourts.gov/opinions/185.P.pdf Administrative State: critics wrangling over means agency use when real problem is agencies are now unconstrained when it comes to pursuing unlegislated ends (Richard Epstein) https://www.theatlantic.com/ideas/archive/2019/10/how-bad-constitutional-law-leads-bad-regulations/600280/ Administrative State: Trump orders curtail agency use of guidance documents (no more ‘secret law’) https://www.dailysignal.com/2019/10/15/how-trumps-new-executive-orders-protect-the-public-against-the-administrative-state/ Freedom of the Press - today’s media is a threat to the country, but “the First Amendment was meant to protect speech, not industries.” https://www.frontpagemag.com/fpm/2019/10/media-threat-america-daniel-greenfield/ “Clarence Thomas and the Lost Constitution” https://imprimis.hillsdale.edu/clarence-thomas-lost-constitution/ “‘Social justice’ degrades our constitutional rights” - property rights, presumption of innocence, etc. are in jeopardy https://www.themainewire.com/2019/10/social-justice-degrades-our-constitutional-rights/ Shame! NBA star LeBron James denounces free speech in China controversy https://www.breitbart.com/sports/2019/10/14/lebron-caves-to-china-blasts-uneducated-rockets-gm-free-speech/ Kudos! Former NBA star Shaquille O'Neal stands up for free speech https://freebeacon.com/politics/shaq-defends-american-values-stands-up-for-free-speech/ Sales of U.S. Constitution up 60% in Trump era https://www.washingtonexaminer.com/washington-secrets/trump-makes-constitution-cool-again-credited-for-record-60-sales-spike NO SAFE SPACES - Dennis Prager film on free speech - in theaters Oct 25th. Watch the trailer:
https://youtu.be/TTOQGvXbZY8 Separation of Powers, etc. - Federal judges rule against Trump immigration policies on public charges and border wall funding https://www.nytimes.com/2019/10/11/us/immigration-public-charge-injunction.html Discrimination: Federal court knocks down Obamacare transgender and abortion services mandates on religious freedom grounds https://news.bloomberglaw.com/health-law-and-business/obamacare-transgender-bias-rule-violates-religious-freedom-law 1A: South Park mocks LeBron James’ ignorant comments about free speech https://www.thegatewaypundit.com/2019/10/south-park-mocks-commi-lover-lebron-james-over-china-comments-video/ 1A: students arrested under “obviously unconstitutional” Connecticut statute prohibiting the ridiculing of others after making racial slurs in viral video https://www.campusreform.org/?ID=13898 + https://reason.com/2019/10/22/unconstitutional-racial-ridicule-prosecution-in-connecticut/ Discrimination: Parents finally win a battle in the transgender bathroom wars after obvious harm to their kids (Georgia) https://www.dailysignal.com/2019/10/17/in-georgia-parents-win-battle-over-transgender-bathrooms-at-school/ 10A Commandeering: federal court upholds Florida law banning sanctuary cities in the state. https://www.theepochtimes.com/federal-judge-upholds-florida-law-that-prohibits-sanctuary-jurisdictions_3113175.html 6A: judge blocks undercover sting videos from being shown to the jury in baby parts civil case https://www.lifenews.com/2019/10/10/planned-parenthood-gets-judge-to-block-jury-from-seeing-undercover-videos-in-david-daleiden-trial/ 5/14A Fundamental Rights: federal judge strikes down Virginia law requiring disclosure of race on marriage applications as burden on right to marry https://www.richmond.com/news/virginia/requiring-virginia-marriage-license-applicants-to-disclose-race-is-unconstitutional/article_985b35f9-2202-5720-96d9-17ff296ab31e.html 2A: Red Flag laws at work - guns taken from 84-year-old Korean War vet who works as a school crossing guard overhears him talking about how the school could be shot up when the resource officer routinely leaves for coffee https://www.secondamendmentdaily.com/2019/10/84-year-old-korean-war-veteran-school-crossing-guard-fired-guns-taken-your-blood-will-boil/ 14A Due Process: veteran with PTSD was not given any notice his mental health or his ability to safely handle a firearm would be at issue in a court proceeding https://reason.com/2019/10/19/guns-and-due-process/ Supremacy Clause: Supreme Court turns away case presenting the issue whether a federal agency policy preempts state law (FCC VOIP nonregulation policy) https://reason.com/2019/10/21/can-a-federal-agencys-policy-can-pre-empt-state-law/ Discrimination: lawsuit against Domino’s for failing to make website and mobile phone app accessible to the blind can continue, Supreme Court says
https://www.bloomberg.com/news/articles/2019-10-07/domino-s-rejected-by-supreme-court-on-blind-man-s-website-suit 14A Equal Protection: former felons, granted the right to vote in Florida, sue over state law requiring them to pay their fines before voting, calling the measure an unconstitutional poll tax https://www.theguardian.com/us-news/2019/oct/07/florida-prisoners-voting-rights-felons 4A: FISA court judge rules FBI improperly accessed foreign surveillance database containing tens of thousands of phone numbers and email addresses https://www.theepochtimes.com/fbi-violated-americans-rights-by-improperly-searching-surveillance-database-court-finds_3110587.html 10A: federal judge rules 2017 Tax Act cap on tax deduction for state and local tax (SALT) payments does not coerce states https://reason.com/2019/10/07/federal-court-rules-against-blue-state-lawsuit-challenging-constitutionality-of-cap-on-federal-tax-deduction-for-state-and-local-tax-payments/ Free Expression: “'Fake News' Law Goes Into Effect In Singapore, Worrying Free Speech Advocates” https://www.npr.org/2019/10/02/766399689/fake-news-law-goes-into-effect-in-singapore-worrying-free-speech-advocates It can’t happen here? Read on: “Congress Drafting Bill To Create Federal ‘Social Media Task Force’ To Police Online Speech” https://news.gab.com/2019/09/19/congress-drafting-bill-to-create-federal-social-media-task-force-to-police-online-speech/ 1A: Supreme Court term includes more than a dozen religious liberty cases https://www.washingtontimes.com/news/2019/sep/28/supreme-court-showdown-looming-religious-liberty-l/ 2A: Michigan lawmaker introduces legislation to impose liability for shootings in gun-free zones https://www.theepochtimes.com/michigan-lawmaker-hold-gun-free-zones-liable-for-shooting-injuries_3101691.html 2A: “NJ Magazine Ban Backfires as Not a Single One Has Been Turned In” https://www.westernjournal.com/nj-magazine-ban-backfires-not-single-one-turned/ Dormant commerce clause challenge to Santa Monica Airbnb ban fails (9th Circuit) http://cdn.ca9.uscourts.gov/datastore/opinions/2019/10/03/17-55879.pdf Electoral College: ‘Faithless electors’ who were fined under state law ask Supreme Court to take their case https://www.cnn.com/2019/10/07/politics/faithless-electors-supreme-court/index.html In defense of the Electoral College: “No matter how fairly one tries to allocate political power, some state or someone will have a special edge from time to time. It’s unavoidable. But it’s not undemocratic.” https://fee.org/articles/why-theres-no-better-system-than-the-electoral-college/ Alan Dershowitz: ‘woke’ hard Left is the greatest threat to civil liberties - demand censorship to ‘feel safe’, dismiss due process and presumption of innocence https://www.gatestoneinstitute.org/14794/the-dangerous-stalinism-of-the-woke-hard-left Which do you choose - America’s unalienable rights, or the UN’s perverted view of human rights that government can take away at any time on any pretext? https://www.thenewamerican.com/usnews/constitution/item/33502-behind-the-deep-state-alex-newman-un-human-rights-vs-god-given-rights Law profs introduce “Interactive Web Site To Explore the 100 Supreme Court Cases Everyone Should Know” https://reason.com/2019/09/18/introducing-conlaw-us/ Kudos: “Immigrants praise US Constitution, bash socialism at Constitution Week” https://www.skyhinews.com/news/immigrants-praise-us-constitution-bash-socialism-at-constitution-week/ 14A: federal judge rules it is permissible for Harvard to discriminate against qualified Asian applicants in the name of increasing diversity.
https://www.usatoday.com/story/news/politics/2019/10/01/affirmative-action-federal-judge-oks-harvard-universitys-use-race/1992078001/ 1A: New York City Human Rights Commission bans the term “illegal alien” (blatantly unconstitutional) https://nypost.com/2019/09/26/city-bans-calling-someone-an-illegal-alien-out-of-hate/ Indefinite Detention: federal judge blocks Trump administration’s attempt to end the Flores agreement and institute longer detention of illegal alien families with children https://usaherald.com/judge-blocks-trump-administrations-attempt-end-flores-agreement/ Impeachment: it’s amusing to hear people who don’t care a whit about the Constitution cite the Constitution in their impeachment arguments - they’re so transparent. E.g.: https://www.lawfareblog.com/does-giulianis-work-ukraine-violate-appointments-clause 1A: The fight is on to force Catholic hospitals to perform sex change operations in California https://www.dailysignal.com/2019/09/26/in-california-the-right-to-gender-transition-is-threatening-religious-liberty/ 1A: House Dems may seek legislation to strip tax-exempt status from SPLC-designated ‘hate groups’ https://www.lifenews.com/2019/09/26/democrats-want-to-revoke-nonprofit-status-from-pro-life-organizations-because-theyre-hate-groups/ Due Process: Mississippi city argues in court illegal aliens have no constitutional rights. (Sorry, but this is a losing argument; 5A/14A due process clauses cover ‘persons’, not just citizens) https://www.insider.com/ismael-lopez-undocumented-immigrant-constitutional-rights-2019-9 14A Due Process: see if you can decipher what constitutes an ‘undue burden’ on abortion rights after federal judge upholds 2 Virginia abortion restrictions and knocks down 2 others. #CrazyQuilt https://thehill.com/policy/healthcare/abortion/463754-federal-judge-upholds-portions-of-virginia-abortion-laws Preemption: D.C. Circuit panel upholds FCC decision to rescind net neutrality rule, but leaves states free to adopt their own rules https://reason.com/2019/10/01/d-c-circuit-upholds-fcc-decision-to-rescind-net-neutrality-but-rejects-fcc-attempt-to-preempt-conflicting-state-law/ Due Process Right to a Fair Trial: Supreme Court to hear arguments in case limiting insanity; implications for other situations where the definition of ‘crime’ is important https://reason.com/2019/10/01/can-states-eliminate-the-insanity-defense/ Kudos! To the 5-year-old boy so upset by American flag touching the ground he recites the Pledge of Allegiance (captured on doorbell camera) https://www.westernjournal.com/little-boy-captured-familys-doorbell-camera-reciting-pledge-allegiance/ Grit Your Teeth: Political Robocalls Protected by the First Amendment (Constitution news round-up)9/25/2019
1A: 9th Circuit panel knocks down Montana ban on political robocalls - ‘restrictions on political messages do not survive strict scrutiny’
http://cdn.ca9.uscourts.gov/datastore/opinions/2019/09/10/18-35163.pdf Pro-Second Amendment film ‘The Reliant’ to screen one day in theaters Oct 24th - highlights the folly of gun control which leaves criminals the only ones who are armed https://www.foxnews.com/entertainment/kevin-sorbo-faith-based-reliant-second-amendment Emoluments: Third emoluments case against Trump reinstated (Second Circuit) https://www.thegatewaypundit.com/2019/09/judicial-harassment-2nd-circuit-revives-emoluments-clause-lawsuit-against-trump-after-district-judge-previously-dismissed-case/ 1A: businesses have free speech rights and can’t be forced to make wedding invitations for same-sex couples (Arizona Supreme Court) https://azcapitoltimes.com/news/2019/09/16/court-phoenix-anti-discrimination-ordinance-unconstitutional/ Presidential Qualifications: federal judge temporarily blocks California law requiring Trump to cough up tax returns before getting on primary ballot https://www.theepochtimes.com/judge-blocks-california-law-that-requires-trump-to-release-tax-returns-to-be-on-ballot_3088609.html Preemption: 23 states sue Trump administration for revoking state power to set auto emission standards https://www.npr.org/2019/09/20/762763138/23-states-sue-trump-administration-in-escalating-battle-over-emissions-standards 1A: 6th Circuit strikes down Tennessee statute requiring permission to put messages on billboards as invalid content-based regulation http://www.opn.ca6.uscourts.gov/opinions.pdf/19a0233p-06.pdf 1A: "Keep pushing me and it won't end well." "I've given plenty of warnings." "I swear to Allah and everything I hold dear that I will resort to murder in the next 30 days." 7th Circuit: not protected by the First Amendment https://reason.com/2019/09/06/short-circuit-a-roundup-of-recent-federal-court-decisions-18/ Free Expression: Facebook admits it is a “publisher” in court filing; major ramifications for legal fights ahead (platforms cannot be held liable for what their users say, but publishers can) https://www.zerohedge.com/political/facebook-walks-legal-trap-after-claiming-be-publisher-laura-loomer-lawsuit Free Expression: Tony Blair think tank thought police want government to go after hate groups, ban them from media and from speaking at universities https://www.gatestoneinstitute.org/14850/uk-tony-blair-free-speech 2A,6A: defendant may choose jury trial when state criminal conviction can lead to denial of gun rights under state law (Nevada Supreme Court) https://reason.com/2019/09/13/the-second-and-sixth-amendments/ 2A: Dems vote down amendment applying red flag bill to gang members. Lawful citizens yes, gang members, no. And they get upset when we call them gun-grabbers. https://www.thegatewaypundit.com/2019/09/shocking-democrats-red-flag-laws-meant-to-weapons-from-rural-gun-owners-but-not-gang-members-who-commit-80-of-gun-homicides-video/ Electoral College: National Popular Vote referendum to be on Colorado ballot next year https://www.upi.com/Top_News/US/2019/09/16/Coalition-to-elect-US-popular-vote-winner-gains-more-traction/7551568323413/?ls=3 Due Process: European doctor sues FDA for the right to prescribe abortion pills to U.S. women over the Internet https://www.npr.org/2019/09/09/758871490/european-doctor-who-prescribes-abortion-pills-to-u-s-women-online-sues-fda Separation of Powers: CFPB agrees in Supreme Court brief its structure is unconstitutional (the prohibition on removal of the CFPB's Director absent cause is invalid); Court could grant certiorari and appoint devil’s advocate https://reason.com/2019/09/17/cfpb-decides-that-the-cfpb-is-unconstitutional/ + 5th Circuit rules FHFA structure unconstitutional - another agency with a single director who cannot be fired absent cause http://www.ca5.uscourts.gov/opinions/pub/17/17-20364-CV2.pdf C-SPAN airs Justice Neil Gorsuch talking about his book “A Republic, If You Can Keep It” https://www.c-span.org/search/?searchtype=All&query=gorsuch+book Shame! on Portland women’s soccer fans who booed armed forces swearing in ceremony https://www.thegatewaypundit.com/2019/09/womens-soccer-fans-in-portland-loudly-boo-armed-forces-enlistees-over-oath-to-obey-orders-of-the-president/ Kudos! to Winthrop University in South Carolina for instituting a required 3-credit hour Constitution Competency course https://www.thestate.com/opinion/op-ed/article235009117.html |