1A Religion: Colorado goes after Masterpiece baker AGAIN, this time for refusing to make special pink-and-blue transgender celebration cake.
Appointments Clause: federal judge upholds Mueller Special Counsel investigation as stemming from valid appointment, despite extraordinary powers that would seem to call for Senate confirmation
5A Due Process: 9th Circuit rules foreigners outside the U.S. are protected by the Constitution. Implications include border agents shooting across the border.
5A Due Process: 19 state Attorneys General demand constitutionally protected right to abortion for illegal immigrants
1A: federal judge orders anonymous online account information of a 2017 Charlottesville ‘Unite the Right’ organizer be given to another court; anonymity and incitement of violence are issues.
1A, Economic Freedom: federal judge strikes down Charleston’s tour guide licensing requirement as interference with right to speak for a living
1A Speech/Association: U of Iowa shuts down 38 student groups that have faith or ideology requirements for their leaders, gets sued, reverses course while litigation pending
Query: How does it discriminate if everybody gets their own group and chooses their own leaders?
1A: U.S. appeals court strikes Louisiana statute against threatening public officials as unconstitutionally overbroad; sweeps in lawful actions like threatening to sue
1A Press: de Blasio bodyguards eject reporter who tried to ask question at parade event
1A Religion: male Muslim prisoner objects to strip-search by transgender (anatomically female) guard. Intersectionality pretzel: Does transgender trump Muslim, or is it vice versa in the pantheon of rights?
1A Religion: What is a religion? Pussy Church of Modern Witchcraft gets special tax exemption from IRS as a church
2A Hypocrisy Exposed – former congressional candidate in Georgia who pushed gun control shoots her campaign treasurer dead
5A: Threat to property rights from conservation easements is growing
5A: watch short video on sustainable development’s war on private property
5A: another federal court rejects claim that competition from Uber and Lyft is a “taking” of property from taxis
Eminent Domain: South African farmer discusses impending change to constitution to allow government to expropriate land from white people without compensation to give to black people (video)
14A,8A: homeowner fights ordinance requiring her to grow grass in her yard even though she’s allergic. $180K fine, 20 yrs in prison. Precedent recognizes government’s ‘aesthetic interest’
Time to revisit second-class status of U.S. citizens of the “insular” territories (Puerto Rico, Guam)
State Constitution: victims’ rights amendment urged for Pennsylvania constitution
State Constitution: 5 former North Carolina Governors oppose amendments regarding judicial vacancies and appointments to state boards and commissions
“How Religion Defends Freedom”
Impeachment: “The Original Meaning of “High Crimes and Misdemeanors” (2 parts)
“Can a Vice President be charged with a crime while in office?” (Burr, Agnew – who’s next?)
For the constitutionalist in your life - U.S. Constitution Full Size Four Page Reproduction. $19.95
Shame! Atlanta school drops Pledge of Allegiance, adopts ‘Wolf Pack’ chant. ‘Too many kids won’t recite’ so the only answer is to give up? Hope you have a country left to have your ‘Wolf Pack’ in.
Yo, socialists! There are reasons we don’t have a unicameral legislature and the Constitution is not easy to amend. Ever think about that?
14A Presumption of Innocence – Albuquerque’s civil asset forfeiture program declared unconstitutional; gov’t attorneys caught on tape calling it a “gold mine”
2A: NRA sues NY Governor for denying First Amendment speech rights (Query: does urging banks not to deal w/NRA burden fundamental rights? ‘Burden’ argument often made in abortion cases.)
5A,9A: Supreme Court greenlights climate change case, but warns not to let it get out of hand. Constitutional right to a “sustainable environment”? Sure.
14A Due Process: federal appeals court OKs challenge to California’s felony murder statute; “inherently dangerous felony” unconstitutionally vague? (argument helped by Gorsuch opinion in 2018 immigration case)
1A Religion: motion to dismiss in Detroit female genital mutilation case to be heard next month.
1A: left-wing professors’ association starts resistance group to attack state laws guaranteeing free speech on campus
1A: Liberty High School in Oregon gives up fight against student it barred from wearing Trump t-shirt; pays $25,000 and apologizes
Dems circulating authoritarian proposals to regulate the Internet under the guise of fighting Russian interference.
Shame! Sen. Chris Murphy (D-CT) calls for social media to ban all sites ‘spreading hate and lies’ because ‘survival of democracy’ depends on it. No, our Republic depends on the survival of free speech.
SPLC amps up war on free speech, condemns Constitution and free speech that inspires people, for example, to shoot up the Family Research Council and attempt to kill Congresmen on a baseball field. Oops! #SweepYourOwnDoorstep
1A Free Press: courts generally uphold videotaping of police officers in public, but what about haranguing a mail carrier?
1A Free Press: New Jersey to spend millions to prop up small struggling newspapers; bad move. #ShadesOfPravda
1A: 28 states ask Supreme Court to uphold 40-foot cross honoring World War I vets (would they feel the same way if it were a 40-foot star-and-crescent?)
2A: “Building a Church Safety/Security Team: Keeping Your People Safe and Secure in 2018” WATCH BELOW
4A: Michigan Supreme Court orders trial court to determine whether practice of photographing and fingerprinting people ‘as needed’ without probable cause violates the Fourth Amendment.
Eminent Domain: Government pushes ahead with plans to change constitution to allow seizure of land from white people without compensation. Then I realized I was trapped in one of Justice Ginsberg’s dreams.
9A: This might be the first rally for the Ninth Amendment in history, but El Paso demonstrators are sadly mistaken in thinking it guarantees their “right to be happy”
10A: why is it the party out of power always discovers the virtues of federalism? California agitating for its right to impose stricter auto emission standards than the feds (thereby dictating what the rest of the country will drive?)
13A: whether banning hate crimes is a good idea or not, the Thirteenth Amendment doesn’t get you there, brief argues. 13A confers no power to uproot ‘incidents’ of slavery.
14A Equal Protection: article argues against Obama-era claim that 1965 regs give Department of Education all-purpose authority to go after all school actions having disparate impact on minorities
14A: U.S. court orders New Orleans to give criminal defendants a ‘neutral forum’ to prove they can’t pay fines or fees before throwing them in jail for unpaid amounts
14A Due Process: U.S. appeals court declares Louisiana statute banning the threatening of public employees with lawsuits or complaints unconstitutionally overbroad
Article II: lawsuit alleges Trump’s actions on Obamacare amount to a failure to faithfully execute the laws
Chevron Deference: Supreme Court is asked to take case to rein in judicial deference granted to agencies to interpret statutes; FCC changed its mind 3 times as to what a federal law means
Patent Trial and Appeal Board (PTAB) seen as enabling big companies to steal the work of inventors; one problem is looser rules than in court; abolition and reforms proposed
WATCH BELOW - Short video explains the problems with federal trial courts issuing nationwide injunctions that go way beyond the parties to a case; dueling injunctions one such problem
U.S. appeals court agrees with blocking Trump from cutting sanctuary city funding in California, but knocks down nationwide injunction
State Constitution / Economic Freedom: doctor sues to overturn North Carolina’s Certificate of Need law as unconstitutional monopoly interfering with his ability to offer MRIs for less
Rule of Law: “Anarchy Breaks Out in Portland, With the Mayor’s Blessing - A vicious mob targeted the ICE office and even a food cart. The police followed orders to do nothing.”
14A Equal Protection: Portland mayor denies he violated Constitution when city failed to respond to 911 calls from ICE agents during protest
Federal government did not assert control over immigration policy until the late 19th Century, and proceeded on thin constitutional authority
“Former Prosecutor KrisAnne Hall Warns of Constitutional Ignorance”
NY reverses course, restores U.S. flagpoles to highways after veterans complain
San Jose officials fail to knock out suit involving hundreds of Trump supporters (Constitution news round-up)
1A,11A: San Jose officials fail to knock out suit involving hundreds of Trump supporters beaten by mob after city issued police stand-down order
1A,2A: federal judge temporarily blocks posting of 3D gun blueprints on the Internet
Separation of Powers: Trump admin suffers defeats in Chicago and California sanctuary cities cases; executive conditions on appropriated grant money unconstitutional
Emoluments: federal judge rules against Trump in Emoluments Clauses case; foreign officials paying to stay at Trump hotel is unconstitutional under court’s theory
State Constitution: referendum to split up California removed from November ballot; partition can’t be done by mere statute
1A: Sessions says DOJ ‘not slowing down’ in pursuit of religious liberty, cites protection of mosques
1A: Trump Justice Department continues to advocate for free speech on campus
1A: San Antonio firefighters sue city over free speech zones which, they say, frustrate their right to gather signatures for petition
1A: National Abortion Federation drops some claims in tactical move to speed up permanent gag order against baby parts videographer David Daleiden
1A: abortion protesters defeat NY Attorney General’s attempt to silence them; judge finds state witnesses exaggerated claims, destroyed evidence, set up fake Facebook account to spy on defendants
Free Speech: “'Trigger warnings' may undermine 'emotional resilience,' Harvard study finds”
1A: Oberlin College tried to obtain conservative website’s communications with journalistic sources in defamation case
1A: U.S. appeals court rules against Christmas ads on city buses; declining all ads on particular subject matter does not suppress any one viewpoint; appeal to Supreme Court likely.
2A: U.S. court rules Hawaii may not limit open carry licenses to persons who are security guards
2A: almost 500 (so far) forced to surrender firearms under Florida’s gun confiscation program adopted after Parkland shooting. #HardFactsMakeBadLaw
14A: federal appellate court ruling on Alabama minimum wage law shows danger of inferring discriminatory impact and intent on sliver of evidence and declaring ‘once a sinner, always a sinner’
14A: Further incidents fuel emerging issue of political bias in public accommodations (black conservatives were denied Uber service; government-run county fair in UK kicks out pro-life group)
14A: Reagan official criticizes op-ed against birthright citizenship, arguing it misinterprets “under the jurisdiction thereof”. Editorialist responds
Nation celebrates 150th anniversary of 14th Amendment, but some act like it’s still 1861
Shame! Ruth Bader Ginsburg film says word ‘freedom’ not in the Constitution, but “freedom of speech” right there in the First Amendment.
Shame! Maxine Waters supporters use First Amendment rights to stomp, burn U.S. flag, trash America. (and you’re going to replace the First Amendment with ... what, exactly?)
Separation of Powers: U.S. appeals court finds Federal Housing Finance Agency structure unconstitutional - “headed by a single Director removable only for cause, does not depend on congressional appropriations, and evades meaningful judicial review.”
Art 1 Sec 8 Naturalization – in preliminary ruling, U.S. judge declines to strip citizenship from Pakistani-born Al Qaeda Brooklyn Bridge plotter
1A: In win for free speech, IRS exempts charities from disclosure of donor names and addresses
1A: federal appeals court rules most injunctions against libel are unconstitutional prior restraints; law unsettled, Supreme Court will have to weigh in
1A/4A: civil libertarians questioning NYPD’s combing through social media tweets to use in arrests and gang takedowns
1A Religion: federal appeals court permanently blocks trial judge’s order granting abortion chain’s demands for private communications of non-party Texas bishops
1A: teen who told her boyfriend to kill himself claims it was free speech
Free Speech: U of Minnesota considers expelling students for failing to use preferred transgender pronouns. (Phase 1: make your ideas ubiquitous. Phase 2: shut everyone else down and crack their heads.) #FreeYourInnerFascist
Free Speech: Use the harm of ‘offensive’ speech to curb free speech? Think again: “Nazis with the freedom to speak can cause less harm than Nazis with the power to regulate speech.”
1A: a ‘right to be forgotten’ – when it results in orders to media to delete archived stories - is inconsistent with the First Amendment
2A: federal appeals court upholds preliminary injunction against California’s ban on high capacity magazines
2A: gun groups sue California for botching online gun registration system and putting people who attempted to comply at risk of arrest
2A: vet fights warrantless seizure of his registered guns and wins
2A: Yes, they ARE coming for your guns. NY Dem candidate laments she can’t come out as a gun-grabber until after the election
2A: if illegal alien girls stepping one toe over the border have due process rights to abortions, don’t they also have the right to bear arms? #CarefulWhatYouWishFor
4A: mass strip-search of 22 middle-school girls unconstitutional, federal appeals court rules
5A Eminent Domain: Kelo one of the worst decisions ever; will Kavanaugh stand up for property rights?
8A: U.S. appeals court rules there is no constitutional right to cash bail in lieu of non-monetary conditions for pre-trial release
10A: activists gathering signatures for ballot initiative to reverse California immigration policies; stunning number of signatures gathered in Oregon for anti-sanctuary measure
14A: New Hampshire Governor signs voter residency requirement into law after state high court advises it’s constitutional
14A Equal Protection: unprecedented and confusing - U.S. judge finds Jews are a ‘race’ entitled to civil rights protection on the basis of race. My question: Are Moroccan Muslims the same ‘race’ as Indonesian Muslims? CAIR wants you to think they are.
14A: another case of political bias in public accommodations (Uber) – is this what we want?
ERAUSANOW TITLEIX @ERAUSANOW Jul 12
Replying to @LiberatoUS
You are sadly mistaken
Liberato.US @LiberatoUS Jul 12
Amendments: the Constitution already protects women; Equal Rights Amendment is useless and dangerous
7/18 response: Well, that was clear as mud. Not well argued. BTW: what happened to your website (ratifyera.org)? Did you lose your funding?
Oshtur @Vishanti Jul 12
Replying to @LiberatoUS
No, all it does is say there must be religious neutrality in applying the law. A complaining parent should be treated the same whether their complaint originates from religion or secular prudery, that’s all.
Liberato.US @LiberatoUS Jul 12
Using Masterpiece to full advantage: constrains public agency treatment of religious belief; could block teaching radical sex ed agenda to schoolchildren http://www.missionamerica.com/article/free-school-sex-ed-slaves-after-cakeshop-decision/ …
7/18 response: If that were true, Justice Kennedy would not have gone on at length about public officials’ hostility towards religion being fair game. Good luck confining Masterpiece to your overly-narrow reading.
14A Due Process: NY court reminds everyone that student disciplinary proceedings are not kangaroo courts and do require due process
Appointments clause: U.S. judge says members of Puerto Rico financial oversight board constitutionally appointed
State Constitution: class action alleges student fees contravene Idaho guarantee of free public education
14A birthright citizenship seen as negating threat blacks would be forcibly removed, thus transforming the country
“Happy 150th Birthday, 14th Amendment” – hear the story of its origins, drafting, and ratification
New short video from Potomac Tea Party: Citizens, Give Up Your Guns! - Why We Have the Second Amendment
Travel Ban? Sanctuary Cities? Everything You Always Wanted to Know about Immigration and the Constitution (radio archive)
10A: preliminary ruling knocks down most of Trump effort against California sanctuary state laws, but employers may still cooperate with ICE
Art I, Sec 2 / 14A: lawsuit objecting to citizenship question on census allowed to proceed
+ It’s all about the money.
14A Due Process: suit against Trump campaign and Roger Stone for DNC email hack dismissed for lack of personal jurisdiction
Janus fall-out: Supreme Court removes bar against class actions against unions for recovery of forced dues
Art I, Sec 8: measure offered to reclaim congressional authority over tariffs
1A/14A: Wisconsin Supreme Court rules Marquette U breached employment contract by suspending prof for blog post
1A free exercise: Supreme Court orders another look at qualified immunity case brought by woman police ordered to stop praying in her own home
1A: Supreme Court takes retaliatory arrest case – is it retaliatory if probable cause to arrest exists, but arrest likely would not have happened without constitutionally protected speech?
Chuck Schumer Asks If Mosques Will Be Monitored For “Hate Speech” - Gets Threatened With “Hate Speech” Prosecution For Asking. Then I woke up and realized I live in a country with free speech.
FEC itching to further regulate political speech on the Internet; clamp down on viewpoints they don’t like
Free Speech: “Refusal to Use Preferred Gender Pronouns Costs British Doctor His Job” #FreeYourInnerFascist
NYT: Conservatives have too much free speech. It’s just not fair. #FreeSpeechForMeButNotForThee
The Left is pushing to make free speech a collective right that is the sole property of the government and certain privileged demographic groups, not individuals
1A Establishment of Religion – group files complaint over Bible in POW display at Okinawa naval hospital
1A Establishment of Religion – Christian group sues Boston over refusal to allow Christian flag at City Hall during nearby event
2A: “26 Illinois counties have passed ‘gun sanctuary’ resolutions.”
2A: “Republican Gov. Charlie Baker signed a bill on Tuesday allowing for temporary gun confiscation without any due process in Massachusetts”
2A: Here’s how many dictators took over the U.S. today – ZERO. Thank you, Framers, for the Second Amendment! Rebutting mindless CBC story here -
2A: UN Programme of Action on small arms is an assault weapon aimed at the U.S. Second Amendment
4A: conservatives on the Supreme Court continue to misapply the 4th Amendment, failing to rein in administrative subpoenas issued without probable cause.
8A: Colorado Supreme Court case presents question whether Eighth Amendment (via incorporation doctrine) protects corporations against excessive fines by a state
14A Equal Protection: it’s time to evaluate effects of disparate impact theory (“why does the agency believe disparate impact liability will survive strict scrutiny? What's the compelling interest? [Is] it narrowly tailored to achieve that purpose?”
14A Equal Protection: group asks for full-Third Circuit review of order opening Pennsylvania school’s restrooms and locker rooms to transgender students
14A Equal Protection: Trump admin junks Obama guidance promoting race to achieve diversity in college admissions
Equal Protection – #WalkAway guy was denied service; another case of political bias in public accommodations. Apparently legal in New York. #NewYorkDiscriminates
14A Due Process: federal judge rules there is no fundamental right to learn to read and write in suit against Michigan officials for failing Detroit schools
14A Due Process: in victory for Planned Parenthood, preliminary injunction blocks as undue burden Indiana law requiring info on patients with abortion complications
Deference: Mississippi Supreme Court scuttles deference to state administrative agencies
Appointments Clause: Russian firm accused of election meddling moves to dismiss case on grounds Mueller unlawfully appointed
State Constitutions: “Hunting and fishing constitutional amendment passes, heads to NC voters”
Article V Convention: lawsuit against 2017 Missouri Convention of States resolution dismissed (N.B. – COS hasn’t gotten anywhere this year)
Amendments: ‘evolving Constitution’ jurisprudence is stunting the amendment process
Amendments: the Constitution already protects women; Equal Rights Amendment is useless and dangerous
Using Masterpiece to full advantage: constrains public agency treatment of religious belief; could block teaching radical sex ed agenda to schoolchildren
Art IV Sec 3: meaning of constitutional provision on formation of states could be tested if initiative to break California into 3 pieces passes
The two faces of Justice Sutherland’s jurisprudence: blessed limited government in domestic affairs, but enabled imperial presidency in foreign affairs
Essay on the meaning of the Declaration of Independence – pegs the natural rights foundation of the American Idea
Worth more than a Monet! “10 fascinating facts about the Declaration of Independence”
Country music group slams Facebook for censoring patriotic song ‘I Stand for the Flag’
Shame! Extreme Left St. Paul Mayor cancels July 4th fireworks because they ‘cost too much’, but private donations would have covered the cost
14A Equal Protection: Supreme Court upholds Trump travel ban, rejects claim of anti-Muslim bias
National Injunctions: Supreme Court refuses to rule on nationwide injunctions in travel ban case, but Justice Thomas calls them ‘historically dubious’
National Injunctions: federal appeals court panel confines sanctuary city grants injunction to Chicago; full court to hear case
National Injunctions: the law is all over the lot, but the Gill case is glide path to ending the practice
Commerce Clause: Supreme Court OKs state sales taxes on online purchases
4A: Supreme Court rules police must obtain a warrant to search cell-site location data (Carpenter)
1A: Supreme Court rules public sector union employees can no longer be compelled to pay union dues related to cost of collective bargaining (Janus)
1A: flurry of class actions already filed by public sector employees to recover mandatory union dues paid against their will
1A: Supreme Court rules pro-life pregnancy centers cannot be compelled to provide free advertising for the abortion industry
Separation of Powers: federal judge rules structure of CFPB unconstitutional (independent agency with a single director); conflicting decisions mean Supreme Court will probably take up the issue
1A Religion: federal appeals court blocks abortion chain’s demands for private communications of Texas bishops
1A: Supreme Court sends Christian florist case back to lower court for reassessment in light of Masterpiece decision
“Killing Free Speech” video shows what Antifa, extremist Muslim groups, and Canadian government officials have in common: The truth is hate speech - shut it down!
Islamist censorship (now playing out in the Michigan Governor’s race) is incompatible with the First Amendment, expert warns
“The ACLU is no longer a free speech organization.” Supports campaign finance restrictions, abortion clinic speech buffer zones, etc.
Public forum, state action, and adoption of foreign speech codes are theories to watch as law forms around speech issues on social media
1A Establishment of Religion: suit by New Jersey mom against Muslim proselytization by public schools survives motion to dismiss
2A: New Jersey Governor wants 2,400% tax increase on guns. Time to dust off the ‘undue burden’ arguments from abortion rights cases.
2A: gun rights group fighting New Jersey’s confiscation of 10-round magazines
2A: sorry, data from other countries does not support assertion that gun control laws reduce homicide rates
2A: UN up to its old tricks, pushing international gun control
Property Rights: activist gaining ground against UN-directed encroachment, e.g., received invitation to speak to state landlord’s group
5A Due Process: consenting to a separate trial negates double jeopardy claim, Supreme Court rules
5A: Dallas officials skirt eminent domain, rezone property and order shop owner to move without compensation. Case on appeal. City would prefer Starbucks which just closed 150 stores. Very far-sighted, Dallas! #RememberKelo
8A: multiple life sentences for D.C. sniper Lee Boyd Malvo must be reevaluated in light of later Supreme Court cases on sentencing juveniles
14A Equal Protection: federal district court panel strikes Virginia legislative districts for racial gerrymandering, orders redistricting plan
14A Equal Protection: availability of single-occupancy facilities overrides student objections to transgenders in bathrooms and locker rooms, federal appeals court rules
Equal Protection: affirmative action – which was supposed to be temporary – has outlived its usefulness. Sufficient classroom diversity could now be achieved solely with merit-based admissions.
Political bias in public accommodations is a growing problem, as Chicago bar bans MAGA hats .#RedHen
Deference: agency interpretation not entitled to deference when clearly against the federal statute, Supreme Court rules in deportation case
Appointments Clause: federal judge denies constitutional challenge to Robert Mueller appointment
Appointments Clause: Supreme Court holds that SEC administrative law judges should be appointed by someone with more authority than SEC staffers
State Constitutions: Arkansas may proceed with medical marijuana program, state Supreme Court rules; state’s process held to interfere with voter-approved constitutional amendment
State Constitutions: Massachusetts court keeps millionaire’s tax amendment off November ballot because it was the product of ‘logrolling’ – pairing unrelated popular proposals with unpopular proposals
Article V Convention: Left-wing PAC raising money to unseat anti-convention legislators. (Also, apparently, advocates are trying to sneak pro-convention planks into state GOP platforms, continuing pattern of sneakiness)
Progressive movement has perverted the Constitution, transferring power from republican self-government to an untouchable Supreme Court
1A: Supreme Court OK’s political messages on clothing at polling places; case based on ‘Don’t Tread on Me’ T-shirt
10A, Executive Power: Trump admin asks Supreme Court to strike down 7th Circuit’s national injunction against enforcing new conditions on federal grant funding for sanctuary cities
14A: Supreme Court punts on partisan gerrymandering cases in Wisconsin and Maryland; still no standards to know when gerrymandering goes too far
14A: federal judge knocks down Kansas law requiring proof of citizenship to vote; appeal to be filed.
1A: U of Washington to pay College Republicans $127,000 to settle denial of free speech case.
8A: Supreme Court to hear Excessive Fines case
1A: federal judge nixes private enforcement of Colorado’s campaign finance laws; had become “tool for corruption and speech suppression”
1A: Missouri’s 30-day formation deadline for campaign committees is unconstitutionally overbroad, federal appeals court rules
1A: Supreme Court green lights citizen’s suit against city council for arresting him in retaliation for his opposition to a development plan, but sets high bar of proof
1A: white nationalist’s suit against Twitter for suspending account survives motion to dismiss; issue whether social media are ‘public forums’ will not be fully resolved any time soon
1A: it took 30 years, but Teamsters finally pay couple $3,000 in forced union dues case
1A Freedom of Religion: Florida Court of Appeals rules Catholic priest cannot be compelled to testify about what a penitent said in confession even though the penitent waives confidentiality
Freedom of Religion: “Canada’s Top Court Rules Christian College Can’t Promote Biblical View of Sexual Behavior on Campus” #FascistsToTheNorthOfUs
2A: Illinois Court guts ban on guns within 1,000 feet of schools, but more tailored bans may be possible
2A: Temporary injunction issued against Illinois town’s assault weapons ban that imposed $1,000/day fines on weapons not turned in; ban “puts the lie to claims by anti-gunners that ‘nobody is coming to take your guns.'"
2A: man arrested, charged with a dozen felonies after trying to comply with California’s complicated registration law redefining assault weapons
4A: police cannot rely on Google Translate to get consent to search from someone who doesn’t speak English, Kansas court rules
4A: coaxing a suspect out of his house does not relieve police of duty to get a warrant to search the house, per federal appeals court
8A Cruel and Unusual Punishment: state law defining intellectually disabled with obsolete IQ standard for purposes of the death penalty is unconstitutional, Kentucky Supreme Court rules
Penumbras and Emanations: Illinois county, after aspiring to become a gun rights sanctuary, might also become abortion-free sanctuary
Nullification: New York to cut arrests for smoking marijuana in public in half despite drug still being a federally controlled substance.
14A: the ugliness of affirmative action – Harvard is suppressing Asian-American admissions and NYC will destroy its best public schools that have produced Nobel prize winners
14A Due Process / Commerce Clause: North Carolina court holds income taxation of out-of-state trust unconstitutional
Amendments: Can there be ‘unconstitutional’ constitutional amendments? E.g., an amendment to overturn Citizens United even though it would offend free speech principles.
Magna Carta 800 years old – it may only have benefitted nobles and not have declared natural rights for all like the Declaration of Independence, but it still represents an important development in the history of liberty
A socialist wrote the Pledge of Allegiance to help immigrants become assimilated
Only you can prevent constitutional decay – “democratic self-government should not be taken for granted. Our experiment in liberal constitutionalism is just that — an experiment that can fail if not properly sustained.”
‘Juneteenth’ – slaves in Texas didn’t learn they were free until 2 months after the Civil War ended
“Hawaiian judge orders released US detainees back to N.Korea” (satire)
Kudos: President Trump hugs U.S. flag after speech. Can you imagine Barack Obama doing that? I can’t.
Shame! NY legislator whose ‘heroes are America’s enemies’ takes knee to protest resolution honoring Flag Day. You don’t have to cash that paycheck, you know.
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!)
1A Religion: Supreme Court rules baker need not work for same-sex wedding when the government deliberately targets religion in passing ordinance; broader questions left undecided
5A Due Process: Trump signs federal Right to Try legislation giving patients access to experimental drugs
5A: Supreme Court ducks case to force U.S. to provide abortions to illegal immigrant minors, calling it moot (abortion already performed). Strange argument: failure to provide abortion is ‘undue burden’ on abortion rights.
1A, Separation of Powers: union sues over Trump order limiting the time federal workers can spend on union business when they’re supposed to be working
14A Equal Protection: Sailor jailed for taking classified submarine photos sues Obama and Comey for selective prosecution (low likelihood of success)
14A Equal Protection: Virginia school district appeals ruling allowing transgender student to proceed with challenge to bathroom policy
1A: free speech issue not reached in same-sex cake case; two Justices found compelled speech but two did not
1A: Bradley Manning loses appeal; can’t invoke free speech as shield for giving national defense info to Wikileaks
1A: wrongly-named Liberty High School in Oregon wrongfully barred student from wearing Trump border wall t-shirt, federal judge rules
4A: Delaware Supreme Court rules the Fourth Amendment does not bar the use of incriminating evidence revealed to an undercover officer friended on Facebook
4A: if qualified immunity blocks suits against officers, how else to punish violations of the Fourth Amendment without excluding evidence from trial?
5A Double Jeopardy: NY Attorney General seeks state law to jail those like Dinesh D’Souza pardoned of federal crimes
5A Self-Incrimination: intellectually-challenged 16-year-old murderer (susceptible to suggestion and subject of Netflix show) argues confession not voluntary after police gave him ‘right’ answers to say during interrogation
5A right against self-incrimination trumps state civil forfeiture law, Iowa Supreme Court rules. Unconstitutional to require individuals challenging forfeiture to disclose how they acquired the property.
14A Equal Protection: “Latino, Asian-American Groups Sue Over Citizenship Question”
14A Equal Protection: Michigan judge loses challenge to forced retirement age; state doesn’t explain it but the policy can’t be said to be irrational.
Chevron: Wisconsin Supreme Court may lead the way in changing approach to courts deferring to agencies –“ three levels of deference: great weight deference, due weight deference or no deference”
Amendments: Equal Rights Amendment only needs one more state for ratification, but get ready for fight about deadline expiring; seen as overturning all anti-abortion laws
Amendments: article summarizes arguments, pro and con, for ratifying Equal Rights Amendment after long delay
Treaties: Supreme Court takes case that could give half of Oklahoma to Muscogee Indians
Mark Levin: Progressivism concentrates power and is thus incompatible with the U.S. Constitution
Woodrow Wilson hated the Constitution because he believed in technocrats and experts, not democracy or We the People
4A: it’s the 90th anniversary of Olmstead case allowing warrantless wiretapping (overturned in 1967 Katz case)
Constitution’s citizenship for ‘Indians not taxed’ became full birthright citizenship for all Indians in 1924 law; full voting rights delayed until 1965
Ready for Your Quiz? Beach incident with underage drinker raises host of issues: do you have to give the cops your name? Submit to a breathalyzer? Can cops turn their body cams off? Etc.
Shame! Eric Holder urges Justice Department employees to defy Trump in Spygate to ‘protect the institution’, - where is that in the Constitution?
1A: political correctness and attacks on free speech indicate budding tyranny, with thought control the endpoint
Secret court in U.S. jails activist for publishing the truth, gags media, orders outlets to delete articles. Then I woke up. (Thank heaven for the U.S. Constitution. This is why we fight for it.)
Federal judge rules Trump can’t block Twitter followers in opinion with broad implications (Constitution news round-up)
1A: federal judge rules Trump can’t block Twitter followers in opinion with broad implications designating his account a public forum
1A: Trump Twitter ruling is uncharted territory – should the non-Left get its own forums or work to declare all of social media a public forum where viewpoint discrimination is not allowed?
Penumbras and Emanations – Supreme Court lets Arkansas abortion restrictions stand for the moment, but the case is not over
State Constitutions: California appeals court lets stand lower court ruling knocking down state’s assisted suicide law; confusion reigns as case proceeds
State constitution figures in state lower court striking down California’s assisted suicide law as outside the scope of a legislative special session
Privacy: federal judge rules NRA must name its Jane and John Doe teenage plaintiffs challenging new gun sale age restriction; constitutionally-embedded presumption of openness in judicial proceedings outweighs threat of harassment
1A: basic point – the NFL is not the government, so the First Amendment doesn’t apply to its football games.
1A: ICYMI – Obama judges sidestep Supreme Court precedent in finding forced dues for union advocacy constitutional (p. 6)
Free Speech – Britain arrests Tommy Robinson for telling the truth about a Muslim grooming gang facing child rape and other sex charges
Free Speech – CAIR Michigan forces resignation of local official critical of Islam.
1A Religion: federal appeals court dismisses challenge to ‘In God We Trust’ on currency, but lingering statutory question may prompt Congress to act to save motto.
4A: Supreme Court rules ‘automobile exception’ to the 4th Amendment doesn’t apply if the car is in the driveway (Collins v. Virginia)
4A: federal appeals courts now disagree on border cell phone searches, but the Supreme Court might not want to resolve the circuit split
Takings: South Africa’s ruling ANC to test whether farm land can be confiscated without compensation under existing law instead of seeking a constitutional amendment. So superior to our own Constitution, right RBG?
14A Equal Protection: Affirmative action discriminates against Asian students, comparing Harvard v. Cal Tech enrollment shows
14A Equal Protection: federal court allows Virginia transgender student to sue for use of preferred bathroom on theory ‘gender stereotyping’ already prohibited by 1988 Supreme Court case
14A Equal Protection: Pennsylvania students lose appeal to keep transgenders out of their bathrooms and locker rooms; losing parties weighing their options.
14A Due Process: locales relying on heavy ticketing for nuisance violations to raise revenue spawn due process concerns – do we really want financially self-interested gangster government?
Some state high courts issue advisory opinions without a case before them – should the Supreme Court?
Americans should remember we are not ruled by judges. Courts have redrawn an electoral map, ordered a tax increase, released prisoners due to ‘overcrowding’, etc. Not good.
Hey hey ho ho, legal positivism has got to go. Three cheers for natural law – “the separation of law from morals violates human nature”
Shame! New York Jets CEO will pay the fines for players who protest the national anthem. #ToolOfTheLeft