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Pushback: Pennsylvania Lieutenant Governor Conjures Up Fantasy First Amendment
http://www.liberato.us/pushback-network.html
Impeachment: Alan Dershowitz - impeaching President Trump after departure from office is clearly unconstitutional
RFRA: Catholic entities not bound by Obamacare transgender mandate, federal court in North Dakota rules
2A: BATF withdraws costly pistol brace guidance 2A: Smith & Wesson sues to quash subpoena regarding advertising practices; subpoena part of New Jersey’s anti-gun agenda Electoral College: National Popular Vote compact would turn America into the Hunger Games - rural citizens and small states would be turned into serfs to feed their masters in distant large cities 263 Muslim public officials and candidates were asked whether they support the U.S. Constitution and the results are disturbing 1A: Biden’s HHS pick Xavier Becerra is on record saying religious institutions don’t have the same religious freedom as individuals
2A: Amy Coney Barrett's elevation to the Supreme Court produces a rush of litigation to lock in gun rights 1A: lawyer gets preliminary injunction against Bar anti-bias rule; likely to succeed on claims the rule is vague and overbroad and constitutes viewpoint discrimination (E.D. of Pennsylvania) 1A: Virginia county declares itself a ‘First Amendment Sanctuary’ and says it won’t comply with the Governor’s COVID restrictions Free Expression: Muslim apostate illustrator describes the struggle to get a Danish Quran for young readers published 5A: A quick word from our ‘Great Reset’ masters: “You’ll own nothing, and you’ll be happy.” 8A: Ohio bill would bar life without parole for aggravated juvenile killers; sponsor of the bill mistakenly thinks Supreme Court has ruled such sentences unconstitutional 13A: Dems propose constitutional amendment to end prison labor because mass incarceration is so perpetuating involuntary servitude. Sure. Shame on us! Young people don’t love their country as much or are as patriotic as older people. Shame on us for teaching young people wrong-headed mush like wokeness and critical race theory. 2A: Biden pick for White House deputy chief of staff is a fan of ‘mandatory buybacks’ for certain rifles - "Hell yes, we’re going to take your AR-15, your AK-47."
1A Religion: Supreme Court temporarily blocks New York’s enforcement of attendance limit for religious services in COVID hotspots, saying it likely violates the First Amendment 1A: 11th Circuit splits circuits, strikes down Florida’s ban on gay conversion therapy Free Expression: NYC Islamic group wants anyone who insults Muhammad dead Discrimination: British pro-life nursing student gets apology and settlement from the University of Nottingham which had threatened to expel her Electoral College can frustrate the popular vote, but that’s a feature, not a bug; it empowers states in our federal system Nice reminder that Congress can override statutory rulings from the Supreme Court simply by changing the statute Mayflower Compact is a reminder of the importance and religious derivation of the Rule of Law Shame! NFL Quarterbacks Kneel During Anthem to Show Their Disgust for America on Thanksgiving Day
Biden hiring anti-free speech zealots who call for censorship of the Internet and speech controls. Townhall NewsBusters
Federal appeals court upholds Harvard’s affirmative action admissions policies that discriminate against Asians in a case likely headed to the Supreme Court (1st Circuit). Daily Signal Justice Alito defends religious liberty, gun rights in speech. Washington Free Beacon 1A: Federal judge in New York grants temporary order against ordinance requiring people to ‘be nice’ during town council meetings as unconstitutionally vague. Volokh Conspiracy Free Expression: YouTube took down a video that told the truth about the Quran containing hateful verses. Jihad Watch 1A Religion: federal judge in North Carolina refuses to block irreverent book from 9th grade classroom; parents can’t show harm or that the school has established a religion. News & Record 14A: San Francisco regulations favoring recent over long-time taxi medallion owners do not violate equal protection; rational for city to want to help new owners deal with ride-sharing competition. 9th Circuit Copyright: No copyright protection for memoirs because they purport to be factual and facts are fair game. Eleventh Circuit Shame! on the wacko WaPo for calling for the abolition of the Electoral College. OK, while we’re at it, let’s abolish your First Amendment rights to a free press! Daily Signal Colorado Votes Against Self-Interest, Signs Up to be Ruled by New York City and Los Angeles11/11/2020
Colorado joins National Popular Vote Compact to do away with the Electoral College; Compact now has 196 out of 270 electoral votes needed
https://www.dailysignal.com/2020/11/05/colorado-joins-states-pledging-to-surrender-electoral-votes-to-winner-of-popular-vote/ 1A: Nicholls College backs down from claiming College Republicans broke state law - by writing ‘MAGA’ in chalk on sidewalk - after receiving warning from Louisiana Attorney General https://thenewamerican.com/college-republicans-claim-victory-after-persecution-by-left/ 1A: Criminal conviction reversed because it may have been based on protected speech ‘I love ISIS’ and ‘Black/Indian lives don’t matter’ and not just on threats to "shoot up the building" (Michigan Court of Appeals) https://reason.com/volokh/2020/11/05/i-%e2%9d%a4-isis-bin-laden-confederate-flag-black-indian-lives-dont-matter/ 1A: computer code can be protected speech and state law compelling what it must say can violate the First Amendment (federal judge, Arizona) https://reason.com/volokh/2020/11/05/the-first-amendment-and-mandated-creation-of-computer-code/ 1A Free Press: Radical Michigan Attorney General Dana Nessel goes after journalist who reported on how poll workers were trained to commit voter fraud (how to lie, fend off Trump supporters, call 911 on challengers, and use COVID as an excuse to deny challengers access) https://www.thegatewaypundit.com/2020/11/huge-exclusive-michigan-ag-dana-nessel-sends-cease-desist-order-journalist-demanding-erase-detroitleaks-video-showing-voter-fraud-training-face-criminal-prosecution/ 1A: Mississippi public school gets sued for barring third-grader from wearing ‘Jesus Loves Me’ COVID mask https://freebeacon.com/campus/public-school-faces-lawsuit-over-ban-on-religious-masks/ 1A: federal judge greenlights suit against public schools that banned t-shirts indirectly supporting gun rights https://reason.com/volokh/2020/11/09/lawsuit-over-schools-restriction-on-pro-gun-shirts-can-go-forward/ 2A: gun control advocates spend big but fail to block Montana referendum barring localities from restricting gun rights https://freebeacon.com/2020-election/pro-gun-montana-ballot-referendum-passes-despite-millions-spent-by-gun-control-activists/ 2A: Michigan Supreme Court to hear challenge to University of Michigan’s ban on gun possession on campus https://reason.com/volokh/2020/11/09/michigan-s-ct-will-decide-whether-the-second-amendment-applies-at-public-universities/ 4A: digital anal exam, two scope exams, X-ray, and enema was a perfectly fine way to execute a search warrant for hidden drugs (6th Circuit) https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0351p-06.pdf 5A Eminent Domain: it sure looks like a taking, but it was done by an HOA under state law. No state action, no taking (9th Circuit) https://cdn.ca9.uscourts.gov/datastore/opinions/2020/11/05/18-17320.pdf “First, Sixth Amendments Require Allowing TV Coverage of Derek Chauvin Trial” - that’s what a “public trial” in the COVID era requires https://reason.com/volokh/2020/11/06/first-sixth-amendments-require-allowing-tv-coverage-of-derek-chauvin-trial/ 6A: if you flee to Brazil to avoid capture, you can’t very well argue 11-year delay violates your speedy trial rights (2nd Circuit) https://ij.org/wp-content/uploads/2020/11/Second-Circuit-B.pdf Shame! on New York Times journalist and 1619 Project writer Nikole Hannah-Jones for saying she doesn’t understand her father’s patriotism or why he flew the American flag outside her childhood home. This country’s been very good to you, you ingrate! I deeply resent your 1619 Project attempting to turn the rest of us into second-class citizens. https://thevirginiastar.com/2020/11/09/1619-project-writer-nikole-hannah-jones-says-american-flag-outside-childhood-home-embarrassed-her/ Out of the Mouths of Babes: “The Constitution Sucks” - Champions of the Constitution Push Back on the Gravel Institute
http://www.liberato.us/pushback-network.html Discrimination: California voters have likely rejected affirmative action in education, government employment, and contracting https://reason.com/volokh/2020/11/04/california-voters-reject-race-sex-ethnic-preferences-in-government-employment-education-and-contracting/ Separation of Powers: federal judge denies landlords’ request for injunction against CDC eviction moratorium; evictions would lead to COVID-risky overcrowded housing and CDC merely extended a congressional moratorium that expired in July https://www.bloomberg.com/news/articles/2020-10-29/landlords-denied-injunction-against-cdc-eviction-moratorium Emergency Powers: California judge enjoins Governor Gavin Newsom from issuing COVID orders that alter state statutes or create new ones https://www.thegatewaypundit.com/2020/11/judge-rules-ca-gov-overstepped-authority-covid-order-issues-permanent-injunction-restraining-newsom-issuing-unconstitutional-orders/ 2A: “Michigan Judge Blocks Ban On Open Carry Of Guns At Polls On Election Day” https://www.theepochtimes.com/judge-overturns-michigan-ban-on-open-carry-weapons-at-polling-places_3556145.html 1A: Fifth Circuit allows challenge to UTexas loosey-goosey speech code because code chills speech while pretending to promote free speech https://reason.com/volokh/2020/10/28/fifth-circuit-speaks-out-against-campus-speech-codes-in-university-of-texas-case/ 1A: Houston concedes its law allowing only registered Houston voters to circulate ballot petitions is unconstitutional (5th Circuit) http://www.ca5.uscourts.gov/opinions/pub/19/19-20828-CV0.pdf Freedom of Expression: Egyptian president Sisi says free expression stops when it offends Muslims. Not under our system. With our First Amendment, Islam stops at free speech. https://www.jihadwatch.org/2020/11/egypts-sisi-freedom-of-expression-stops-when-it-comes-to-offending-the-feelings-of-muslims Free Expression: PragerU videos banned at Ohio high school for being too right-wing https://www.toledoblade.com/education/2020/11/03/maumee-schools-organizes-workgroup-vet-curriculum-and-resources
https://lawliberty.org/critical-race-theory-or-civil-rights-law-we-cant-have-both/ Electoral College: National Popular Vote Compact would require impossible national ballot recounts https://www.washingtonpost.com/outlook/2020/10/29/electoral-college-recount-meltdown/ Shame! on Senator Edward Markey for his nonsense that originalism is racist, sexist, blah, blah, blah. How about we stop taking an originalist view of Article I and do away with his Senate seat? We need a living, breathing Constitution now more than ever. https://www.mrctv.org/blog/ma-senator-ed-markey-constitution-originalism-racist-sexist-homophobic 5A Property: More landlords litigate CDC’s COVID eviction ban
https://www.theepochtimes.com/cdc-sued-over-unconstitutional-nationwide-eviction-ban_3553564.html 1A: 6th Circuit strikes down public transit ban on ‘political’ ads as unworkable and viewpoint discrimination (anti-Islam ad at issue) https://reason.com/2020/10/23/sixth-circuit-strikes-down-transportation-agencys-exclusion-on-political-ads-and-ones-that-scorn-or-ridicule/ 1A: despite First Amendment wins at some colleges, others continue to impinge on free speech rights https://www.dailysignal.com/2020/10/22/free-speech-won-at-colleges-in-california-and-ohio-it-should-in-georgia-too/ 1A Religion: school rule barring students from all extracurricular activities for religiously motivated hairstyles poses free exercise of religion problems (5th Circuit) http://www.ca5.uscourts.gov/opinions/pub/19/19-40776-CV0.pdf Free Expression: giving in to the impulse to censor ‘error’ would mean no one, to this day, could say ‘the earth is round’ https://lawliberty.org/collisions-with-error/ 1A Religion: Colorado churches prevail in court against their state’s COVID restrictions https://www.oann.com/colo-churches-win-lawsuit-against-covid-19-restrictions/ Electoral College: “The Founders did not create the Electoral College for the purpose of bolstering the power of slave states, nor did it have the effect of doing so.” Slave states voted against it. https://www.dailysignal.com/2020/10/23/the-electoral-college-didnt-protect-slavery/ State Constitution: state statute which creates irrebuttable presumption sex offenders will reoffend violates due process and reputation rights https://reason.com/2020/10/25/pennsylvania-sex-offender-registry-act-unconstitutional-as-applied-to-low-risk-non-sex-offender/ Nationwide Injunctions: handing out nationwide injunctions like candy usurps legislative powers and short-circuits the process of similar cases percolating through the circuit courts of appeal before Supreme Court challenge https://www.nationalreview.com/bench-memos/ninth-circuit-judge-ryan-nelson-on-limiting-nationwide-injunctions/ Shame! on Joe Biden for saying America is an ‘idea we never lived up to’. He is showing us he is captured by the deliberately concocted ‘400 years of racism’ narrative dialectic pushed by people who want to destroy fidelity to American values so they can seize power for themselves and impose their tyranny on us. #NameTheGameAndTheGameBlowsUp https://www.mrctv.org/blog/biden-says-america-was-idea-we-never-lived Lawsuit Against Seattle for Supporting Autonomous Zone Moves Forward (Constitution news round-up)10/21/2020
5A: Residents’ lawsuit against Seattle for affirmatively supporting lawless autonomous zone is allowed to proceed; property rights and due process violations at issue.
https://reason.com/2020/10/20/property-owners-lawsuit-against-seattle-over-its-toleration-of-the-chop-takeover-can-go-forward/ LGBT Wars: “Trump Admin Resolves Transgender Athletes Case in Favor of Conservative Women’s Group” https://www.theepochtimes.com/trump-admin-resolves-transgender-athletes-case-in-favor-of-conservative-womens-group_3543108.html + https://www.mrctv.org/blog/nh-school-nixes-policy-allowing-male-trans-students-compete-against-women-after-pressure-trump 1A: student radio station manager sues Arizona State University over removal, alleges free speech violation https://downtowndevil.com/blaze-radio-station-manger-files-a-lawsuit-against-asu-for-a-violation-of-free-speech/ 1A Religion: Federal judge temporarily blocks enforcement of Colorado’s COVID restrictions against church that was treated differently from similarly situated institutions https://reason.com/2020/10/20/colorado-coronavirus-response-unconstitutionally-restricted-religious-institutions-holds-federal-judge/ 4A: court allows use of investigative lead generated by facial recognition software where it won’t be the basis for testimony at trial (NY trial court) https://reason.com/2020/10/14/ok-to-use-evidence-indirectly-obtained-using-facial-recognition-software/ Title IX: "[P]laintiff has ... made a sufficient showing that defendant has threatened his academic future in violation of his rights to equal treatment regardless of his sex ...." (federal judge in New York) https://reason.com/2020/10/16/interesting-new-title-ix-sexual-assault-hearing-sex-discrimination-opinion/ Affirmative Action: “Black applicants to Yale University are up to eight times more likely to be admitted than Asian applicants with the same level of academic skill”; Justice Department on the case https://freebeacon.com/latest-news/data-reveal-how-yale-discriminates-based-on-race/ 14A: Kentucky abortion regulations not an ‘undue burden’ on abortion rights, 6th Circuit panel concludes https://reason.com/2020/10/18/divided-sixth-circuit-upholds-kentucky-abortion-regulations/ Shame! Radical leftists attacking the 4th of July, seeking to replace it with Juneteenth https://www.thepostemail.com/2020/10/19/the-lefts-attack-on-the-fourth-of-july/ Kamala Harris tells big fib during debate: Lincoln declined to nominate a replacement Supreme Court Justice, not because he believed the vacancy should await the outcome of the election, but out of political calculations and the Senate being out of session
https://twitter.com/AZachParkinson/status/1314027504349450245 Equal Protection Run Amok:
https://reason.com/2020/10/09/first-amendment-right-to-record-child-protection-visit-to-your-home/ RFRA: D.C.'s 100-person cap on outdoor gatherings substantially burdens religious practice; federal judge cites D.C. Mayor participating in big political protests while restricting outdoor church services https://reason.com/2020/10/10/federal-court-accepts-churchs-challenge-to-d-c-s-100-person-limit-on-outdoor-religious-services/ 4A: 6th Circuit upholds warrant where Michigan marijuana grower gave police a tour of his operation believing it was legal; it wasn’t, and the grower’s actions constituted consent https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0325p-06.pdf 5A: butterfly sanctuary’s procedural due process claim moves forward; entering sanctuary without notice to build Trump’s border wall is deprivation of property without due process if established by the evidence (D.C. Circuit) https://reason.com/2020/10/13/due-process-for-butterflies-in-the-d-c-circuit/ Electoral College: the National Popular Vote Compact, which would allow a handful of states to pick the president, is unconstitutional without consent of Congress https://www.heritage.org/civil-rights/report/the-national-popular-vote-misusing-interstate-compact-bypass-the-constitution Electoral College: Adam Schiff supports doing away with the Electoral College https://www.breitbart.com/clips/2020/10/09/schiff-i-would-favor-doing-away-with-the-electoral-college/ ‘Liberty and Justice For All’ project unites academics and other heavyweights in defense of free speech and other traditional American values https://lawliberty.org/podcast/dan-mahoney-announces-the-liberty-and-justice-for-all-project/ Shame! on the California Department of Transportation for taking down the Hollywood-style Trump sign claiming it could cause driver distraction on stretch of highway where billboards abound https://www.westernjournal.com/california-invades-private-property-take-trump-sign-la/ 1A: Several religious liberty cases on Supreme Court docket - faith-based exemption from antidiscrimination laws by a private foster care agency, etc.
https://www.upi.com/Top_News/US/2020/10/05/Supreme-Court-to-take-up-religious-liberty-cases/1791601663498/ Discrimination: The LGBT wars continue -“Virginia Forces Christian Ministries to Adopt 'Government Ideology' or Pay $100K” https://pjmedia.com/culture/tyler-o-neil/2020/09/30/virginia-forces-christian-ministries-to-adopt-government-ideology-or-pay-100k-n985842
https://reason.com/2020/10/02/maryland-residents-divorce-governed-by-maryland-law-not-lebanese-law-or-religious-law/ 1A: Satanic group declares abortion a ‘religious ritual’, sues sign company over refusal to put up billboards https://www.lifenews.com/2020/09/30/satanic-temple-sues-billboard-company-that-refused-signs-for-abortion-ritual-killing-babies/
https://www.powerlineblog.com/archives/2020/09/islands-of-repression.php 1A,Elections Clause: federal judge rules Minnesota mask mandate does not violate free speech even though it prevents the non-wearing of masks to protest the mandate. Plus, the mandate does not rise to the level of regulating the time, place, or manner of elections. https://reason.com/2020/10/03/mask-mandate-doesnt-violate-the-first-amendment/ + https://reason.com/2020/10/03/mask-mandate-including-at-polling-places-doesnt-violate-elections-clause/ 2A: ‘We don’t need guns; we have the police.’ But, “When the government refuses to stop looting and rioting, armed self-defense is the only deterrent.” #WagesOfWoke https://reason.com/2020/10/05/is-the-right-to-armed-self-defense-obsolete/ 2A: Supreme Court declines to hear challenge to Nebraska law prohibiting juveniles who commit offenses from possessing firearms until age 25 https://www.washingtontimes.com/news/2020/oct/5/supreme-court-bucks-second-amendment-challenge/ 2A: federal judge orders L.A. to pay NRA $150,000 in legal fees for case ending in city ordinance requiring businesses to disclose ties to the NRA being struck down https://www.mrctv.org/blog/la-ordered-pay-150k-nra-after-judge-strikes-down-unlawful-anti-gun-ordinance 2A: undercover sting video shows Arizona Democrat candidate hiding true gun control agenda https://www.thegatewaypundit.com/2020/10/james-okeefe-strikes-project-veritas-exposes-democrat-mark-kellys-true-plans-crack-second-amendment-rights-video/ 4A: police ruse to lure man home so they could search him and his car - which were not covered by the warrant unless in close proximity to his residence - ruled an unreasonable search and seizure in child pornography case (9th Circuit) https://cdn.ca9.uscourts.gov/datastore/opinions/2020/09/25/18-10429.pdf Discrimination: “Applying a disparate impact standard to school disciplinary policies is both unlawful and unwise....” A “neutral policy” should not be subject to racial quotas preventing discipline for students who should get it. http://report.heritage.org/lm271 14A Due Process: it violates Due Process for prosecutor to repeatedly state, and judge to endorse, that the presumption of innocence no longer applies in a case (9th Circuit) https://cdn.ca9.uscourts.gov/datastore/opinions/2020/09/28/18-15498.pdf Separation of Powers: federal judge temporarily blocks Trump administration broad suspension of work visas - meant to protect American workers in the wake of COVID - as exceeding power delegated from Congress https://reason.com/2020/10/04/federal-court-rules-against-trumps-work-visa-ban/ State Constitutions: Michigan Supreme Court rules Governor exceeded her authority under the state constitution in extending emergency pandemic orders after the legislature declined to do so https://theconservativetreehouse.com/2020/10/02/michigan-supreme-court-rules-comrade-governor-gretchen-whitmer-exceeded-her-powers-in-covid-compliance-lockdown/ |