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14A: Connecticut girl athletes file federal complaint over school rule allowing transgenders into athletic events; biological boys rewriting the record books and denying college scholarships to the girls
http://www.adfmedia.org/News/PRDetail/10816 Free Expression - draft executive order would direct FCC, FTC to scrutinize tech company censorship of the Right; critics say it smacks of speech police https://www.cnn.com/2019/08/09/tech/white-house-social-media-executive-order-fcc-ftc/index.html Separation of Powers: Dems call Trump’s foreign aid freeze unconstitutional blockage of Congressional appropriations https://www.washingtontimes.com/news/2019/aug/7/democrats-accuse-trump-violating-constitution-over/ Kirsten Gillibrand files brief telling Supreme Court conservatism is sick and threatens court-packing legislation to ‘heal’ the Court. #NiceSmileTeethOfIron https://www.foxnews.com/politics/senate-dems-deliver-stunning-warning-to-supreme-court-heal-or-face-restructuring 17A: federal court to decide whether appointed Sen. McSally can serve 27 months without special election https://www.azcentral.com/story/news/politics/arizona/2019/08/09/9th-circuit-decide-martha-mcsally-appointment-last-until-2020-election/1968936001/ 1A: federal appeals court greenlights Baton Rouge cop’s lawsuit against BLM organizer for his part in injuries cop suffered during protest; conduct is not speech https://atlantablackstar.com/2019/08/12/appeals-court-finds-no-constitutional-issue-with-blm-activist-deray-mckesson-being-held-liable-after-cop-injured-in-2016-protest/ 1A: federal workers union suit alleges interpretation of Hatch Act keeping them from advocating impeachment or using #resist online violates free speech https://www.upi.com/Top_News/US/2019/08/14/Federal-workers-sue-for-the-right-to-criticize-Trump/3731565771694/ 1A: “Texas Appellate Court Strikes Down Electronic Harassment Statute” - ban on online speech unconstitutionally vague and overbroad. https://reason.com/2019/08/09/texas-appellate-court-strikes-down-electronic-harassment-statute/ 2A: The Problem with 'Red Flag' Laws (new article) https://www.potomacteaparty.com/red-flag-laws.html 5A Eminent Domain - D.C. Circuit reaffirms “Kafkaesque” practice of letting private companies use eminent domain and issue ‘petitions for rehearing’ without triggering federal appeal rights https://reason.com/2019/08/09/short-circuit-a-roundup-of-recent-federal-court-decisions-14/ 10A: federal judge rules Trump administration can’t withhold law enforcement grants from sanctuary Portland (but last month 9th Circuit found a ‘bonus point’ system kosher) https://www.theepochtimes.com/federal-judge-rules-trump-administration-cant-punish-for-sanctuary-status_3037996.html + https://thehill.com/regulation/court-battles/452862-9th-circuit-rules-in-favor-of-trump-admin-in-sanctuary-city-case 14A: article suggests reparations fail Supreme Court test for allowing ‘reverse discrimination’ against whites; no ‘compelling governmental interest’ that would survive ‘strict scrutiny’ https://www.washingtonpost.com/opinions/would-reparations-for-slavery-be-constitutional/2019/08/12/76677182-ba10-11e9-b3b4-2bb69e8c4e39_story.html?noredirect=on 14A: married male couple wins battle in Utah Supreme Court against state law requiring at least one surrogate parent to be female. https://reason.com/2019/08/09/short-circuit-a-roundup-of-recent-federal-court-decisions-14/ 14A: federal judge buys artificial ‘gender identity’ construct baloney, hands transgender student a win in a bathroom case; another transgender case is pending before the Supreme Court. #AntiScience https://www.richmond.com/news/virginia/updated-judge-gloucester-school-board-violated-gavin-grimm-s-rights/article_4293319f-2b53-5fca-bb03-e97a9cf7d750.html?utm_source=NEWS%20-%20RTD%20Virginia%20Politics%20Insider&utm_medium=email&utm_campaign=RichmondTimesDispatch&utm_content=_RTD%20Virginia%20Politics%20Insider 14A: federal judge in Alaska rule Christian women’s shelter cannot be forced to admit transgender https://www.dailysignal.com/2019/08/14/christian-womens-shelter-doesnt-need-to-admit-trans-woman-court-rules/?mkt_tok=eyJpIjoiWW1Zek9UazJNemt6TTJJMyIsInQiOiJoYmUycUdmK1VWaUd2NkhCODRLdVRDdDlmZnAxSndlUmpJbFJVNkkzZTZEZyt2dEUzUTQyWnhBNUZGa3BwWjVlSmJNTGNGQ3BYRHhPTDZZUjNIaTRrcWZJbzg2ZVNNUXJuaGIwdUVJMzh1K0pTWXpNRlVrUGJKZDlxUlhoVitUQyJ9 Article I, Section 10: North Dakota law retroactively changing terms of contracts between manufacturers and dealers of farm equipment violates the contract clause (Eighth Circuit) https://reason.com/2019/08/09/short-circuit-a-roundup-of-recent-federal-court-decisions-14/ Article suggests replacing Chevron deference with giving additional but not conclusive weight to agency determinations https://www.lawliberty.org/2019/08/09/replacing-chevron-with-a-sounder-interpretive-regime/?utm_source=LAL+Updates&utm_campaign=809a0b52e2-LAL_Daily_Updates&utm_medium=email&utm_term=0_53ee3e1605-809a0b52e2-72412809 Kudos! to U.S. Olympic Committee for preparing to punish U.S. athlete who took a knee at Pan Am Games in violation of commitment to refrain from political demonstrations https://www.thegatewaypundit.com/2019/08/far-left-athlete-protesters-may-face-sanctions-after-disrespecting-flag-anthem-and-country-at-pan-am-games/ Presidential Qualifications: Trump sues California over law requiring the release of tax returns to appear on the ballot. https://www.upi.com/Top_News/US/2019/08/06/Donald-Trump-sues-California-over-law-requiring-candidates-to-release-tax-returns/1031565117712/ 2A: After Dayton and El Paso, Sen. Graham reaches bipartisan deal encouraging ‘red flag’ laws allowing states to take guns from potentially dangerous individuals https://www.washingtontimes.com/news/2019/aug/5/lindsey-graham-announces-bipartisan-deal-red-flag-/ 5A Due Process: ACLU sues to stop speedy deportation under Trump administration’s expansion of established ‘expedited removal’ process https://www.washingtontimes.com/news/2019/aug/6/aclu-sues-stop-trumps-speedy-deportations-policy/ Interstate Commerce, 1A: federal judge greenlights lawsuit over California law requiring pharma to provide advance notice of and state reasons for drug price hikes https://www.statnews.com/pharmalot/2019/08/01/california-drug-prices-transparency-lawsuit-2/ 1A Religion: Satanists argue Missouri law requiring abortionists to provide women with information, ultrasound, and alternatives pushes religious beliefs on people https://www.lifenews.com/2019/08/02/satanists-challenge-pro-life-law-claims-it-violates-their-religious-freedoms/ 1A: video lays out rules for when the government can restrict spending money on speech https://reason.com/2019/07/31/free-speech-rules-my-new-youtube-video-series-episode-5-is-money-speech-now-out/ 1A: ‘hate speech’ is protected by the First Amendment - “censoring hate speech actually does more harm than good” https://fedsoc.org/commentary/videos/should-hate-speech-be-censored-policybrief 1A: Facebook page satirizing local police department (minorities need not apply, pedophiles to receive police honors, etc.) is constitutionally protected. Ridiculing the government is quintessentially American (6th Circuit) https://reason.com/2019/08/02/short-circuit-a-roundup-of-recent-federal-court-decisions-13/ Free Expression: bill introduced in the House to stop social media censorship https://www.oann.com/rep-gosar-r-ariz-introduces-bill-to-stop-social-media-censorship/ Free Expression: Congress granted immunity to Internet publishers, but interesting dissent argues using algorithms to match Hamas terrorist messages with people receptive to them makes Facebook more than a ‘publisher’. https://reason.com/2019/08/02/short-circuit-a-roundup-of-recent-federal-court-decisions-13/ 2A: NYC loosens restrictions on where locked and unloaded handguns can be carried to stave off Supreme Court review https://www.bloomberg.com/news/articles/2019-08-06/high-court-weighs-second-amendment-showdown-after-mass-shootings?srnd=politics-vp 2A: Remington asks Supreme Court to review case by Sandy Hook victims pinning liability on gun manufacturer for what people did with the product. #PandorasBox https://www.theepochtimes.com/firearms-maker-challenges-suit-by-sandy-hook-victims_3030686.html 2A: Florida AG tries to block ‘assault weapons’ ban from ballot because it does not accurately disclose types of weapons reached, or the fact owners would have to register or face felony charges https://freebeacon.com/issues/florida-ag-attempts-to-block-assault-weapon-ban-from-ballot/?utm_source=Freedom+Mail&utm_campaign=534158f5e0-EMAIL_CAMPAIGN_2019_08_01_08_06_COPY_01&utm_medium=email&utm_term=0_b5e6e0e9ea-534158f5e0-45628225 4A: warrantless inspection of rancher’s truck OK because ‘commercial trucking’ is a highly regulated industry (8th Circuit). Hmmm.... https://reason.com/2019/08/02/short-circuit-a-roundup-of-recent-federal-court-decisions-13/ 5A Fundamental Rights: federal judge dismisses activist climate change suit after finding there is no fundamental ‘right to wilderness’ (this is NOT the Climate Kids case) https://www.climateliabilitynews.org/2019/08/01/right-to-wilderness-climate-lawsuit/ Movement to give rivers and nature ‘environmental personhood’ and rights in court growing internationally https://www.npr.org/2019/08/03/740604142/should-rivers-have-same-legal-rights-as-humans-a-growing-number-of-voices-say-ye Economic Freedom: 8th Circuit greenlights lawsuit challenging Minnesota law requiring wineries to use 51% Minnesota-grown grapes if they offer wine tastings or sell direct to consumers https://reason.com/2019/08/02/short-circuit-a-roundup-of-recent-federal-court-decisions-13/ Electoral College: Colorado group turns in signatures to get on the ballot to challenge state’s joining the National Popular Vote Compact https://freebeacon.com/politics/colorado-poised-to-hold-statewide-referendum-on-national-popular-vote/?utm_source=Freedom+Mail&utm_campaign=534158f5e0-EMAIL_CAMPAIGN_2019_08_01_08_06_COPY_01&utm_medium=email&utm_term=0_b5e6e0e9ea-534158f5e0-45628225 Appointments Clause: Study finds some 2,500 FDA regulations unconstitutional because they were promulgated by low-level officials lacking Senate confirmation (subdelegation issue) https://blog.independent.org/2019/08/01/new-study-finds-fda-in-contempt-of-the-u-s-constitution/ + https://pd.pacificlegal.org/HHSReport Kudos! To the 2-year-old who can recite the Pledge of Allegiance https://twitter.com/FieldofFight/status/1157404711307399168 Presidential Qualifications: California law purports to add qualification that presidential candidates must reveal tax returns to get on the ballot
https://www.reuters.com/article/us-california-politics-trump/california-governor-signs-law-to-force-trump-into-releasing-tax-returns-idUSKCN1UP2HZ Separation of Powers: Supreme Court upholds President Trump’s use of redirected military funds to build the border wall while an appeal is pending. https://www.washingtontimes.com/news/2019/jul/30/aclu-asks-9th-circuit-court-speed-border-wall-deci/ Due Process: federal judge temporarily blocks Trump administration rules requiring illegal aliens to apply for refuge in transit countries before applying for asylum in the United States. https://abcnews.go.com/Politics/president-trumps-asylum-plan-blocked-federal-judge/story?id=64553324 1A: Trump sues New York on free speech grounds for law requiring disclosure of his state tax returns to congressional committees seeking them https://www.reuters.com/article/us-california-politics-trump/california-governor-signs-law-to-force-trump-into-releasing-tax-returns-idUSKCN1UP2HZ 1A: Trump officials shielded by First Amendment, federal judge says in dismissing DNC lawsuit for supposedly conspiring with Russia to interfere in the 2016 elections https://thehill.com/homenews/administration/455432-trump-says-the-witch-hunt-ends-after-judge-dismisses-dnc-lawsuit 1A: conservative political consulting firm sues Ann Arbor over law requiring firm to work for left-wing groups under the guise of stopping discrimination. (Make no mistake: They always have a ‘good reason’, but the authoritarian Left is coming for your liberty and won’t be satisfied until they take ALL of it.) http://www.adfmedia.org/News/PRDetail/10805 1A: ‘professional speech’ cases are a growing area of First Amendment litigation; case-in-point - Tennessee’s new requirements for auctioneer licenses https://fedsoc.org/commentary/blog-posts/licensing-speech-regulating-the-internet-tennessee-s-auctioneer-licensing-scheme 1A: 6th Circuit muses whether a showing of no probable cause should really be required in order to bring retaliatory arrest claims when only speech (and not conduct) is involved. https://reason.com/2019/07/29/nieves-v-barlett-and-allegedly-retaliatory-arrests-based-on-speech-alone/ Free Expression: Facebook agrees to help French ‘hate speech’ police, will turn over user ID https://gellerreport.com/2019/06/facebook-gives-france-names-hate-speech.html/ Free Expression: Authoritarian transgender activist proclaims what is acceptable and unacceptable speech for the rest of us https://www.redstate.com/sister-toldjah/2019/06/13/chilling-transgender-activist-lays-ground-rules-considers-allowable-unallowable-speech/ 1A Free Press: UC-San Diego’s defunding of student newspaper for writing satire about trigger warnings and safe spaces violates freedom of the press (9th Circuit) https://freebeacon.com/issues/circuit-court-overturns-defunding-of-student-newspaper/?utm_source=Freedom+Mail&utm_campaign=4ef56fe188-EMAIL_CAMPAIGN_2018_03_19_COPY_01&utm_medium=email&utm_term=0_b5e6e0e9ea-4ef56fe188-45628225 1A Free Press: 4th Circuit knocks down Baltimore police practice of requiring nondisclosure agreements as a condition of settling police misconduct claims https://www.rcfp.org/baltimore-police-ndas-unconstitutional/ 4A: posting video on Facebook posing with guns and smoking pot gives police probable cause to get a warrant to ask Facebook for identity (8th Circuit) https://reason.com/2019/06/28/short-circuit-a-roundup-of-recent-federal-court-decisions-9/ 14A Equal Protection: racial quotas in Connecticut schools create roadblocks for minority children; high-achieving magnet schools have empty seats because there aren’t ‘enough’ whites https://fedsoc.org/commentary/blog-posts/good-intentions-gone-awry-racial-quotas-in-connecticut-schools 14A Equal Protection: lawsuit challenges State Department policy of conferring automatic citizenship to U.S. couples’ children born abroad, but not if it’s a same-sex marriage https://reason.com/2019/07/25/lawsuit-challenges-state-department-policy-discriminating-against-children-of-same-sex-married-couples/ Discrimination: EEOC to argue in Supreme Court in October it is allowed to puff up the definition of ‘sex’ as a protected class in its enabling statute to include ‘gender identity’ (lots of civil rights commissions are playing this game) https://www.dailysignal.com/2019/07/26/this-lawsuit-over-sex-and-gender-identity-will-have-sweeping-implications/?utm_source=rss&utm_medium=rss&utm_campaign=this-lawsuit-over-sex-and-gender-identity-will-have-sweeping-implications&mkt_tok=eyJpIjoiWmpnNFlqazNNVEprWkRCaCIsInQiOiJJVUpuRFRGbDdyVEMzVndqZ0ZBbDdXSkI2NHFpODduVEoxajNSZFFGemJ3REdwcXgxK0U3elFQdnk3WTl0cmpUKzV5bFJ2SE1nbThFakJSUllueitcL2NnOTArbnZ4cHdWVGhWamE2S1BKYVA3ZVRJVXZ6RUZMUmM0TUllZDFFV2IifQ%3D%3D Economic Liberty: Supreme Court struck down Tennessee law prohibiting new residents from getting a liquor license for 2 years (law protected existing liquor stores from competition) https://reason.com/2019/06/28/short-circuit-a-roundup-of-recent-federal-court-decisions-9/ Appointments Clause: Supreme Court to consider ‘subdelegation’, i.e., whether ‘inferior officers’ in administrative agencies can issue legally binding regulations or Senate confirmation of the issuing official is required https://fedsoc.org/events/subdelegations-of-rulemaking-power-and-the-appointments-clause Shame! “Parents Laugh and Urge Children to Take Turns Whacking ICE Agent Piñata at Chicago East Side Community Day” https://www.thegatewaypundit.com/2019/07/parents-laugh-and-urge-children-to-take-turns-whacking-ice-agent-pinata-at-chicago-east-side-community-day-video/ Kudos! “Prize-Winning Student Film Shows What It Means to Be American” (we have the freedom to hold our government accountable and the duty to maintain our Republic by doing so) https://www.dailysignal.com/2019/07/29/high-school-students-prize-winning-film-shows-what-it-means-to-be-american/?utm_source=rss&utm_medium=rss&utm_campaign=high-school-students-prize-winning-film-shows-what-it-means-to-be-american&mkt_tok=eyJpIjoiWmpnNFlqazNNVEprWkRCaCIsInQiOiJJVUpuRFRGbDdyVEMzVndqZ0ZBbDdXSkI2NHFpODduVEoxajNSZFFGemJ3REdwcXgxK0U3elFQdnk3WTl0cmpUKzV5bFJ2SE1nbThFakJSUllueitcL2NnOTArbnZ4cHdWVGhWamE2S1BKYVA3ZVRJVXZ6RUZMUmM0TUllZDFFV2IifQ%3D%3D 9th Circuit rules against indefinite detention of asylum seekers (Constitution news round-up)7/24/2019
Due Process: 9th Circuit rules against indefinite detention of illegal aliens seeking asylum
https://www.thegatewaypundit.com/2019/07/breaking-appeals-court-rules-against-allowing-indefinite-detention-of-migrants-seeking-asylum/ 5A Eminent Domain - NYC landlords sue to overturn new rent control laws as regulatory taking https://www.npr.org/2019/07/17/742875001/new-york-landlords-call-rent-control-laws-an-illegal-taking-in-new-federal-lawsu 1A: federal judge cuts way back on Planned Parenthood’s civil lawsuit against baby parts videographer, citing the First Amendment https://www.lifenews.com/2019/07/18/judge-upholds-david-daleidens-1st-amendment-right-to-expose-planned-parenthood-aborted-baby-part-sales/ 1A: NY assemblyman sues AOC for blocking him on Twitter (follows ruling Trump cannot block followers) https://www.oann.com/watch-rep-ocasio-cortez-sued-by-former-n-y-assemblyman/ 14A Equal Protection: court allows North Carolina to implement voter ID law https://thewashingtonpundit.com/2019/07/20/nc-voter-id-law-can-move-forward-court-says/ 14A Fundamental Rights: “Federal Judge Temporarily Blocks Arkansas Abortion Restrictions” https://www.npr.org/2019/07/24/744770122/federal-judge-temporarily-blocks-arkansas-abortion-restrictions Free Expression: Dennis Prager testimony - ‘social media censorship on ideological grounds is a bigger threat to America than any external enemy’ https://www.youtube.com/watch?v=llt6kiwKwVI&feature=youtu.be 1A: James O’Keefe sues Ohio to go undercover to investigate political campaigns https://www.dispatch.com/news/20190722/group-sues-for-right-to-go-undercover-inside-2020-political-campaigns Economic Freedom: federal judge backs dieticians monopoly, upholds Florida ban on giving dietary advice without a license https://ij.org/press-release/federal-court-upholds-censorship-of-dietary-advice/ 1A Commercial Speech: NYC ban on advertising in Uber vehicles upheld even though no such ban applies to taxicabs (2nd Circuit) https://reason.com/2019/07/19/short-circuit-a-roundup-of-recent-federal-court-decisions-11/ 2A: Virginia Beach city employee circulating petition to make his workplace no longer a gun-free zone https://www.dailysignal.com/2019/06/26/virginia-beach-employee-works-to-abolish-citys-gun-free-zone-policy/?utm_source=rss&utm_medium=rss&utm_campaign=virginia-beach-employee-works-to-abolish-citys-gun-free-zone-policy?utm_source=TDS_Email&utm_medium=email&utm_campaign=MorningBell&mkt_tok=eyJpIjoiTlRVME9Ea3lOREEwWXpndyIsInQiOiJPSnJ2MFBDMnlBQWxTRGc5YXByeUlYNFc2WXFFVTlnRU0yY29rWmdHemV6UmZ0NWZiamo0TGJDdW1tRXM0TjlKbnlyNUdvSXZoTXJEcjR2dlBjOWt3MVFJQit0VUR2MDBPRUh5QTVHd0tSVDh0NFZcLzQ3b2l6TmFVSDd1RkJCTGkifQ%3D%3D 4A: it’s OK to force female inmates to stand naked, submit to cavity searches in full view of male officers because it’s just a VISUAL inspection (7th Circuit) https://reason.com/2019/07/19/short-circuit-a-roundup-of-recent-federal-court-decisions-11/ 4A Property-in-Property problem: can police search a backpack owned by A when lawfully searching a house or car owned by B? No clear answer. https://reason.com/2019/07/11/the-property-in-property-problem-in-fourth-amendment-law/ 8A Excessive Fines: homeowner fights $30,000 fine for not mowing the lawn https://www.dailysignal.com/2019/07/12/this-man-is-facing-foreclosure-30k-fine-because-he-didnt-mow-his-lawn/?mkt_tok=eyJpIjoiTkdGbE56WmpaVFJtWVRkbCIsInQiOiJjV3BDZlgxNlU2cGs4WUxPbUw4cEFPQW5OSmFGVExVaE9oc3Y4blhvVG94T3dsNWlIczlNTWVza3c4K2o2aXpjM3dwZGNTeVhDd2JHMkdvT2xkTEJKN0dCYUljM3Y0WVN0K09aYTd5ZmZGYnFxMEZldnNUdG01TlRLXC94RDY2ZWcifQ%3D%3D 8A: Colorado Supreme Court rules corporations entitled to protection against excessive fines; but lets huge total fine stand because protection only applies to amount of daily fine https://reason.com/2019/06/28/short-circuit-a-roundup-of-recent-federal-court-decisions-9/ 8A Cruel and Unusual / Due Process: 4th Circuit strikes Virginia’s civil regulation of ‘habitual drunkards’ as unconstitutionally vague https://www.nationalreview.com/bench-memos/sharply-divided-fourth-circuit-rules-against-virginias-regulation-of-habitual-drunkards-part-1/ 14A Property rights: new Florida law overturns court ruling woman could not grow vegetables in her front yard https://www.npr.org/2019/07/02/738131948/after-6-year-battle-florida-couple-wins-the-right-to-plant-veggies-in-front-yard 14A Equal Protection: drawing Utah county districts to pack Navajo residents into one district and therefore limit them to one representative is prohibited racial gerrymandering https://reason.com/2019/07/19/short-circuit-a-roundup-of-recent-federal-court-decisions-11/ 14A Equal Protection: landlords can decline to accept Section 8 housing vouchers even though they are disproportionately used by minorities (5th Circuit) https://reason.com/2019/07/19/short-circuit-a-roundup-of-recent-federal-court-decisions-11/ Shame! on Blacksburg, Virginia festival organizers for denying a booth to a gun rights groups https://mailchi.mp/00a89470de87/va-alertaction-item-blacksburg-denies-vcdl-a-booth-at-steppin-out-but-we-will-be-there?e=2835c3ec9b Shame! on Colorado State University for telling students not to use the term ‘Americans’ in order to be overly welcoming to foreigners. What foreign university does that? https://godfatherpolitics.com/colorado-state-university-tells-students-to-stop-using-offensive-term-americans/ Kudos! To hockey coach who told players to ‘get out now’ if they intend to disrespect the national anthem https://www.theblaze.com/news/hockey-coach-pro-flag-speech-goes-viral?fbclid=IwAR3jZPbjQ5_aE0OsniF0SxiUbFW7OBpIa7Lt3X1oSAKm93Xe9jFc3gu2WNQ 5A Eminent Domain: Gangster Baltimore gives up quixotic quest to seize Pimlico race track and Preakness horse race; negotiating with owners to stay in the city https://reason.com/2019/07/11/update-on-the-preakness-takings-case/ Art. I Sec.8: federal grants can be withheld from sanctuary cities and prioritized for locales that play ball on immigration enforcement (9th Circuit - can you believe it?) https://thehill.com/regulation/court-battles/452862-9th-circuit-rules-in-favor-of-trump-admin-in-sanctuary-city-case Administrative Procedure Act - 4 advocacy groups sue to stop Trump administration asylum rule requiring prior application for refuge in transit country https://www.upi.com/Top_News/US/2019/07/16/ACLU-sues-to-block-Trumps-new-sweeping-asylum-restrictions/6181563332966/?ls=2 Executive Power: appeals court greenlights (for now) Trump executive orders cutting time government employees may devote to union activities, redirects challenge to administrative agency (D.C. Circuit) https://www.upi.com/Top_News/US/2019/07/16/Court-overturns-blocking-of-Trumps-workforce-orders/5211563299296/?mph=3 Emoluments: 4th Circuit dismisses emoluments lawsuit involving Trump's D.C. hotel, suggests suit was harassment and should not have been brought (a “complete victory”, Trump’s attorney said) https://abcnews.go.com/Politics/appeals-court-sides-president-trump-dismisses-emoluments-lawsuit/story?id=64240721 1A: President Trump cannot block his Twitter followers, 2nd Circuit rules https://www.npr.org/2019/07/09/739906562/u-s-appeals-court-rules-trump-violated-first-amendment-by-blocking-twitter-follo 8A Civil Forfeiture: new law prevents IRS from seizing bank accounts without a connection to criminal activity https://reason.com/2019/07/12/short-circuit-a-roundup-of-recent-federal-court-decisions-10/ 1A: “Democrat Montana Governor Vetoes Campus Free Speech Bill” https://www.breitbart.com/tech/2019/06/28/democrat-montana-governor-vetoes-campus-free-speech-bill/ Free Expression - UK activist Tommy Robinson gets 9 months in prison for telling the truth about Islam; thousands protest https://www.dailymail.co.uk/news/article-7235869/Dozens-Tommy-Robinson-supporters-gather-outside-Old-Bailey.html 2A: federal judge blocks California agency effort to ban gun shows from San Diego county fairgrounds https://freebeacon.com/issues/federal-judge-blocks-calif-boards-attempt-to-ban-gun-shows/?utm_source=Freedom+Mail&utm_campaign=23b72439e1-EMAIL_CAMPAIGN_2019_06_19_08_32_COPY_205&utm_medium=email&utm_term=0_b5e6e0e9ea-23b72439e1-45628225 Shame! - Minneapolis suburb abolished Pledge of Allegiance at city council meetings but forced to relent after nationwide backlash https://www.washingtontimes.com/news/2019/jul/15/st-louis-park-city-council-reinstates-pledge-alleg/ Kudos! - Patriots bring American flags to Colorado ICE facility after protesters take down and attempt to burn Stars-and-Stripes, hoist Reconquista Mexican flag https://www.washingtontimes.com/news/2019/jul/14/american-flag-donations-pour-after-protesters-rais/ Executive Power: Supreme Court to hear DACA case next year
https://www.dailysignal.com/2019/06/28/the-supreme-court-announces-it-will-hear-daca-case/?mkt_tok=eyJpIjoiWTJZM05qTmpNVFpqTjJRNSIsInQiOiJxV3psWWdrZ0dVNlEwcUdud25VTExhY1I2Y2pyZXJxaWpqem1JWFFcLys0K0VqejBTYytyM21STDdibG40aUFSekJqeFRoNm1Pb1o5N1wvenFnQk4wYk1KY1JETjdCZitjTDBcL2d0dWZEVkl5dklpaHNvQlVUcWpXbEdhWXNxTDBcL20ifQ%3D%3D Executive Power: Supreme Court blocks census citizenship question for now, sends case back to lower court (President theoretically has the power, but administrative law allows inquiry into proffered motivation) https://www.thegatewaypundit.com/2019/06/scotus-blocks-2020-census-citizenship-question-throws-it-back-to-lower-court/ Executive Power: federal judge blocks the use of military funds to build border wall https://www.thegatewaypundit.com/2019/06/federal-judge-blocks-white-house-from-allocating-military-funds-to-build-a-border-wall/ One Person One Vote: Supreme Court rules courts have no role in partisan gerrymandering cases; these are political questions best left to the political process https://www.scotusblog.com/2019/06/opinion-analysis-no-role-for-courts-in-partisan-gerrymandering/ 5A Due Process: federal judge rules indefinite detention for asylum seekers is unconstitutional; they have a protected liberty interest in freedom from unnecessary incarceration https://thehill.com/regulation/court-battles/451456-federal-judge-blocks-barr-order-on-indefinite-detention-for-asylum 1A Religion: Supreme to hear challenge to use of tax-credit scholarships for religious schools https://www.wsj.com/articles/church-school-and-the-supreme-court-11561932658 6A: sex offenders have right to jury trial before receiving extra jail time for violating release conditions, Supreme Court rules https://www.washingtontimes.com/news/2019/jun/26/supreme-court-rules-jury-trial-required-in-some-su/ Discrimination: “ACLU Sues Over Florida Law That Requires Felons To Pay Fees, Fines Before Voting” https://www.npr.org/2019/07/01/737668646/aclu-sues-over-florida-law-that-requires-felons-to-pay-fees-fines-before-voting Shame! Nike yanks Betsy Ross shoe after Colin Kaepernick finds it offensive as reminder of slavery (what does that have to do with your rights today, Colin? NOTHING.) https://www.washingtontimes.com/news/2019/jul/1/colin-kaepernick-objects-nike-betsy-ross-flag-snea/ Kudos! RV dealer keeps big U.S. flag flying despite $50/day fine - veterans weep at the bottom of the flagpole, dealer would rather go to jail than take it down https://www.foxnews.com/politics/marcus-lemonis-american-flag-response-camping-world 1A Religion: Peace Cross memorial in Maryland is constitutional, per Supreme Court.
https://apnews.com/6157d29563584c35a2adf6a004f89117 Separation of Powers: Supreme Court upholds broad delegation to administrative agencies for now, but Alito signals addition of Kavanaugh voting could in the future cause Court to reinvigorate non-delegation doctrine https://www.npr.org/2019/06/21/732178487/is-the-supreme-court-going-to-soon-give-haters-of-the-deep-state-what-they-want 5A: Supreme Court overturns precedent, rules eminent domain plaintiffs can sue in federal court without exhausting state remedies https://www.nytimes.com/2019/06/21/us/politics/supreme-court-precedent.html Discrimination: Supreme Court vacates death penalty in case, rules potential jurors cannot be excluded based on race https://www.binghamtonhomepage.com/washington/washington-dc/scotus-throws-out-case-where-black-jurors-were-treated-differently/ Due Process: Justice Gorsuch writes for Supreme Court in striking federal ‘crime of violence’ provision as unconstitutionally vague https://www.supremecourt.gov/opinions/18pdf/18-431_7758.pdf 1A: Supreme Court strikes down federal prohibition on ‘immoral, scandalous’ trademarks in FU*T case https://www.yahoo.com/news/f-word-wins-supreme-court-141929074.html 5A: pregnancy centers can compete with abortion clinics for Title X funds (9th Circuit - reaffirms government has no duty to subsidize an activity just because it’s permitted) http://cdn.ca9.uscourts.gov/datastore/opinions/2019/06/20/19-15974.pdf Federal judge bars ICE from making civil arrests of illegal aliens in Massachusetts courthouses (‘right of access to the courts’ grounded in various provisions) https://www.washingtontimes.com/news/2019/jun/20/judge-ice-cant-arrest-illegals-mass-courthouse/ Shame! (again) - U.S. women’s national soccer team star who won’t sing the national anthem tweets “I’m not going to the f**king White House!” What have you done, personally, to help maintain the Republic? https://www.thegatewaypundit.com/2019/06/america-hating-soccer-star-and-anthem-kneeler-megan-rapinoe-im-not-going-to-the-fking-white-house-video/ Shame! Communists and assorted others will burn the American flag at Trump 4th of July rally (just because you constitutionally can doesn’t mean you should) https://www.washingtonexaminer.com/news/white-house/burn-that-rag-activists-to-desecrate-the-flag-at-trump-july-fourth-rally Shame! George Washington High School in San Francisco will spend half a million dollars to cover up mural of George Washington because it ‘traumatizes’ the students. OK, and when you’re done tearing down the country, then what, exactly? https://www.dailywire.com/news/48676/report-it-will-cost-600000-cover-george-washington-emily-zanotti?%3Futm_source=facebook&utm_medium=social&utm_campaign=restlesspatriot 1A: Public access cable TV is not the government and free speech rules don’t apply, Supreme Court decides (implications for social media)
https://www.jurist.org/news/2019/06/us-supreme-court-rules-public-access-television-provider-is-not-a-state-actor/ 4A: ICE can’t use a search warrant for employment records as a pretext to round up 130 illegal aliens in a workplace raid (9th Circuit) https://www.theepochtimes.com/9th-circuit-challenges-ice-warrant-and-arrests-reverses-deportation-order_2965810.html + https://reason.com/2019/06/14/short-circuit-a-roundup-of-recent-federal-court-decisions-7/ 1A Establishment: Atheist group drops suit challenging tax exemption for clergy housing; exemption is not sponsorship or active involvement of government in religion https://freebeacon.com/issues/atheists-drop-1-billion-church-suit/?utm_source=Freedom+Mail&utm_campaign=e4af8d1b40-EMAIL_CAMPAIGN_2019_06_16_07_21_COPY_203&utm_medium=email&utm_term=0_b5e6e0e9ea-e4af8d1b40-45628225 5A Double Jeopardy: Supreme Court lets stand lower court ruling allowing federal and state prosecutions for the same conduct; implications for Trump pardons https://www.dailysignal.com/2019/06/17/supreme-court-upholds-double-jeopardy-rule-that-could-limit-trump-pardons/?mkt_tok=eyJpIjoiTm1FME5HUTNaVEU0WVdRdyIsInQiOiJpdlJGdUZpdDlyQVI5XC9SejZGaytUVUtZSHdUU1NDUjBBaEk4endRYjltenloOVpXamRzQ2VuQnlaSW9Qekc4aG5wWUlRdldldHo5UHp4K2tqbUppdmpXS3piSWI4MDNhaVlDNkZ3VXRtcFZyMmUrNDJuNVlJcTdHUTI5M1wvZGVZIn0%3Dhttps://www.nbcnews.com/politics/supreme-court/supreme-court-sends-gay-wedding-cake-dispute-back-state-court-n1018176 4A: Carpenter won his case at the Supreme Court last year, but warrantless search of his cellphone location data was in good faith, so he stays in prison (6th Circuit) https://reason.com/2019/06/14/short-circuit-a-roundup-of-recent-federal-court-decisions-7/ 1A: Cleveland to pay $225K to man arrested for burning U.S. flag. https://www.nytimes.com/2019/06/14/us/flag-burning-cleveland.html 1A: President Trump supports constitutional amendment prohibiting burning U.S. flag https://www.washingtontimes.com/news/2019/jun/15/donald-trump-backs-constitutional-amendment-to-ban/ 1A: Texas becomes 17th state to enact campus free speech legislation https://www.nationalreview.com/2019/06/america-is-in-the-middle-of-quiet-free-speech-revolution-on-campus/ 1A: Vermont ‘revenge porn’ statute facially constitutional, but posters not in romantic relationship with the person affected escape the statute’s reach (Vermont Supreme Court) https://reason.com/2019/06/14/vermont-supreme-court-reads-revenge-porn-law-narrowly/ Free Expression: French government brings criminal charges against political leader Marine Le Pen for posting truthful pictures of ISIS atrocities https://www.thenewamerican.com/world-news/europe/item/32591-le-pen-show-the-truth-about-isis-get-charged-with-hate-speech?vsmaid=4953&vcid=1476 2A: Guns used far more often in self-defense than in crime https://www.dailysignal.com/2019/06/17/gun-rights-made-all-the-difference-for-these-would-be-victims/?utm_source=rss&utm_medium=rss&utm_campaign=gun-rights-made-all-the-difference-for-these-would-be-victims?utm_source=TDS_Email&utm_medium=email&utm_campaign=MorningBell&mkt_tok=eyJpIjoiTWpJME1tTTNNREZqTm1GaiIsInQiOiJCYzdzUTFDbFpqNVg4VDZBWUlMQTNWYm9wdk5PT0I4d2hcLzlBS2J1OUhnWm5NYUhLTGhTY04zdk5JN0FoT3A2WUhCN2c1ODJQS3pjWUtWdTFOVE9mRzg3b3lhOEZXZk1qR04zREtJWkIwMjlBNlJDcE9CMzZIVzI0Y05tUjZLdjEifQ%3D%3D 2A: Virginia Beach killing ground was a gun-free zone (duh!) https://freebeacon.com/issues/gun-free-zone-stopped-va-beach-victim-from-carrying-pistol-to-work-lawyer-says/?utm_source=Freedom+Mail&utm_campaign=1c76667021-EMAIL_CAMPAIGN_2019_06_12_08_53_COPY_01&utm_medium=email&utm_term=0_b5e6e0e9ea-1c76667021-45628225 4A,14A: Michigan’s practice of storing blood samples from every newborn may violate children’s 4th Amendment rights and parents’ 14th Amendment right to direct their children’s medical care https://reason.com/2019/06/14/short-circuit-a-roundup-of-recent-federal-court-decisions-7/ 8A: report finds civil asset forfeiture does not help police solve more crimes as claimed; forfeitures spike up when local economies are depressed https://reason.com/2019/06/14/short-circuit-a-roundup-of-recent-federal-court-decisions-7/ 8A: serving prisoners only two meals a day is constitutional as long as calorie count is maintained (7th Circuit) https://reason.com/2019/06/14/short-circuit-a-roundup-of-recent-federal-court-decisions-7/ 14A: building inspector so biased against Asians he issues them violations while off duty; probable equal protection violation (2nd Circuit) https://reason.com/2019/06/14/short-circuit-a-roundup-of-recent-federal-court-decisions-7/ 14A: Michigan AG says question of state agencies puffing up sex discrimination to include sexual orientation and transgenderism is before Supreme Court, so she doesn’t have to follow previous AG’s opinion that the puffing up in her state was invalid. Huh? https://www.detroitnews.com/story/news/politics/2019/06/18/nessel-urges-lgbt-bias-probes-says-schuette-opinion-not-binding/1491169001/ Commerce Clause: homophobic assault at Amazon facility affects interstate commerce ‘in the aggregate’, justifying federal Hate Crimes Act prosecution, so says 4th Circuit panel https://reason.com/2019/06/16/appellate-court-upholds-federal-hate-crime-act-conviction-based-on-commerce-clause/ “Constitutional Text and State Sovereign Immunity” https://www.lawliberty.org/2019/06/18/constitutional-text-and-state-sovereign-immunity/ Shame! U.S. women’s national soccer team star won’t ever sing the national anthem or put her hand over her heart again because U.S. is so horrible bad unjust and unequal. You’re benefitting from representing the U.S., lady. Why don’t you have the courage of your convictions and get off the team, huh? https://www.yahoo.com/sports/megan-rapinoe-national-anthem-sing-us-soccer-world-cup-211549494.html 1A: Supreme Court turns away atheist group challenge to ‘In God We Trust” on U.S. currency
https://www.washingtontimes.com/news/2019/jun/10/supreme-court-rejects-challenge-god-we-trust-us-mo/ 1A: Alabama bans free speech zones on public college campuses, stops use of ruinous fees for disfavored speakers https://www.thecollegefix.com/alabama-governor-signs-bill-banishing-free-speech-zones-from-public-colleges/ Civil Rights: Supreme Court to decide whether Comcast’s refusal to carry black-owned network was discrimination or ordinary business decision https://www.theepochtimes.com/supreme-court-to-hear-case-involving-comcast-refusing-to-carry-black-owned-network_2959061.html Electoral College: “Oregon Joins National Popular Vote Compact” https://www.corvallisadvocate.com/2019/oregon-joins-national-popular-vote-compact/ 1A: Washington Supreme Court requires florist to serve same-sex wedding, rejects compelled speech and religious animus arguments. https://reason.com/2019/06/06/washington-court-reaffirms-that-florists-must-serve-same-sex-weddings/ 1A: disciplining officers for leaking word after cover-up of meth in mayor’s son’s backpack is probably unconstitutional retaliation https://reason.com/2019/06/07/short-circuit-a-roundup-recent-federal-court-decisions/ 2A: “Washington Gun Owners Face Orwellian Dystopia With Implementation Of I-1639” https://www.thegatewaypundit.com/2019/06/washington-gun-owners-face-orwellian-dystopia-with-implementation-of-i-1639/ 2A: Supreme Court turns away challenge to federal law requiring registration of silencers; lower court held silencer is an accessory not protected by the Second Amendment https://www.cnn.com/2019/06/10/politics/silencers-supreme-court/index.html 4A: an initial warrantless search turned up drugs which were then used to apply for a warrant for a second search, upheld because plenty of other evidence supported the warrant application (7th Circuit) https://reason.com/2019/06/07/short-circuit-a-roundup-recent-federal-court-decisions/ 4A: tip that black man was carrying a gun does not justify a police stop; carrying a gun is presumptively lawful (9th Circuit) https://reason.com/2019/06/07/short-circuit-a-roundup-recent-federal-court-decisions/ 6A: California appellate court ducks question whether Muslim garb covering witness’ face violates right of confrontation; decides on facts presented allowing witness to testify partially covered was harmless error https://reason.com/2019/06/10/does-letting-witness-testify-wearing-partial-veil-violate-the-confrontation-clause/ Separation of Powers: Supreme Court will decide whether to take the case of ‘Frankenstein’ D.C.-area airports authority which is “neither accountable to the federal government nor the states that created it” https://fedsoc.org/commentary/blog-posts/the-curious-case-of-kerpen-v-mwaa Copyrights: Supreme Court takes up whether federal cancellation of state immunity for copyright infringement is constitutional https://patentlyo.com/patent/2019/06/copyright-infringement-constitution.html “Former Antifa Activist Now Fights for Free Speech on College Campus” https://www.youtube.com/watch?v=qyoIFsNo10k Sharia and the Constitution series from the United West, Pts 1 and 2 https://www.pipelinenews.org/2019/may/27/islam-in-conflict-with-the-constitution-holding-muslim.html + https://www.theunitedwest.org/2019/06/04/islam-in-conflict-with-the-constitution-holding-muslim-public-officials-accountable-to-the-8thamendment/ Shame! D.C. gay pride parade bans American flags https://forward.com/fast-forward/425533/dc-dyke-march-bans-jewish-pride-flag/?fbclid=IwAR16VlD6cBMHxOFEj9jwWsHizI8e4Y6JZ3meLrvFJrICTrITaY1i49G3QFw Supreme Court Can Run but Can’t Hide from Transgender Bathroom Issue (Constitution news round-up)6/5/2019
Discrimination: Supreme Court ducked transgender bathroom case but issue isn’t going away; Justice Ginsburg in VMI case and WaPo op-ed wrote in favor of individual privacy.
https://www.dailysignal.com/2019/05/31/supreme-court-rejects-case-on-transgender-bathrooms-heres-why-its-still-a-huge-issue/?mkt_tok=eyJpIjoiTWpjeU0yRTVZV0kyWVRNMCIsInQiOiJFRWdJWk5vM2ZlS3NCYzFBN3liK3BHdDVyYVEzTitEcStMSW8yU1BzcnlYbjRSUUpnNWM5Z256OEg2bGpFdU45N0ErRlA3NjJmdUdneHczMWZ3aUVNNG1BWm14QytwWmkzT2dHc3kwYllDM1ZKYlB2b0hFd05FbmhadXVYcE9wcSJ9 Electoral College: Nevada Governor vetoes national popular vote bill, noting small states slitting their own throats by trying to skirt the Electoral College https://thenevadaindependent.com/article/sisolak-vetoes-bill-that-would-pledge-nevadas-support-to-winner-of-national-popular-vote-reject-electoral-college 1A Religion: Catholic foster care agency again challenging city policy forcing child placements with LGBTQ parents https://www.washingtontimes.com/news/2019/jun/2/catholic-social-services-fights-philadelphia-lgbtq/ Separation of Powers: 9th Circuit panel hears arguments in Climate Kids case seeking to establish fundamental right to sustainable environment; judge questions whether court has power to grant sweeping relief sought https://www.cnn.com/2019/06/04/politics/climate-kids-lawsuit-scn/index.html 1A: Supreme Court rejects Pamela Geller transit ad case, sends it back for lower court opinion https://gellerreport.com/2019/06/supreme-court-rejects-petition-for-afdis-writ-of-certiorari-for-free-speech-case.html/ 1A: “Who Owns Your Life Story?” 4th in series of 1A videos released https://reason.com/2019/05/30/free-speech-rules-my-new-youtube-video-series-episode-4-who-owns-your-life-story-now-out/ 1A: Kentucky subpoenas to identify teachers who staged a sick-out to protest at state capital likely not a free speech violation https://reason.com/2019/05/30/subpoenas-seeking-to-identify-illegally-absent-teachers-likely-dont-violate-the-first-amendment/ 1A: law that lets you disclose all the facts in ethics complaint against Montana officials, but not the complaint itself, violates First Amendment https://reason.com/2019/05/31/short-circuit-a-roundup-of-recent-federal-court-decisions-6/ 2A: Qualified noncitizen lawful permanent residents can’t be shut out from concealed carry permits (federal judge in California) https://pjmedia.com/trending/another-california-gun-policy-doesnt-survive-federal-court/ 4A: police had reasonable suspicion to stop a second car apparently driving in tandem with a first car about which a tip had been received as carrying heroin. (6th Circuit) https://reason.com/2019/05/31/short-circuit-a-roundup-of-recent-federal-court-decisions-6/ 5A Eminent Domain: commentary to effect government should not be able to get away with not paying just compensation just because asset not earning positive cash flow at the moment (Love Terminal case) https://www.nationalreview.com/2019/06/private-property-seizure-compensation-fifth-amendment/ 8A: “Excessive Fines Clause Applies to Corporations” (Colorado Supreme Court) https://reason.com/2019/06/03/excessive-fines-clause-applies-to-corporations/ 10A: Kamala Harris federal preclearance proposal for state abortion restrictions would upset federal/state balance https://www.theatlantic.com/politics/archive/2019/05/kamala-harriss-plan-curb-state-anti-abortion-laws/590593/ 14A Equal Protection: Poisonous civil rights theories push racism under the guise of ‘racial equality’ (check your privilege, equality of outcome, etc.) https://www.theepochtimes.com/on-the-injustice-of-social-justice_2949217.html Separation of Powers: House attempts to keep alive federal FGM prosecution under a statute ruled unconstitutional and which the Justice Department has chosen not to defend on appeal https://reason.com/2019/06/02/can-the-house-of-representatives-continue-a-prosecution-that-the-executive-branch-has-decided-to-drop/ State Constitutions: Alabama Senate unanimously passes amendment to exclude noncitizen voting; measure to appear on 2020 ballot https://yellowhammernews.com/group-praises-legislature-for-proposed-state-constitutional-amendment-restricting-voting-to-u-s-citizens/ Economic Freedom: 2 court rulings against food trucks overreach in “prohibiting you from operating near your competitors, or tracking you like a criminal out of fear you may sell delicious food to willing customers.” https://reason.com/2019/05/31/short-circuit-a-roundup-of-recent-federal-court-decisions-6/ State Department commission to examine whether ‘human rights’ offend U.S. concepts of natural law and natural rights https://www.dailysignal.com/2019/06/03/why-liberals-fear-the-state-departments-review-of-the-nature-of-human-rights/?utm_source=TDS_Email&utm_medium=email&utm_campaign=MorningBell&mkt_tok=eyJpIjoiTVdZNU9UQTFNRE0wT1RRMiIsInQiOiJaTFQ5dlg5TW15blgxUUJGUDR0bkNnNk10MkhnamV5a2Qya3g2RkU0K28wUGZ4cnpqK2NyVUIxdjlic0ZoajJJMUJia2hlUm96ZU5YUExIY0kyOG4zdURTSVFTR1FheUh2MW5teFwvRThzNGF1aVE0c2JOWkVTcEJmNGhtbVBhdmYifQ%3D%3D Shame! Barack Obama asserts “We hold these truths...” comes from the Constitution when in fact it comes from the Declaration of Independence https://www.thegatewaypundit.com/2019/06/obama-misquotes-the-constitution-to-trash-us-in-hateful-brazilian-speech-video/ Kudos! “St Louis Blues Fans Finish National Anthem when Video System Fails” https://www.thegatewaypundit.com/2019/05/must-see-video-st-louis-blues-fans-finish-national-anthem-when-intercom-system-fails-then-blues-win-first-stanley-cup-finals-game-ever/ |