Conservative groups win smashing free speech victory over UCal-Berkeley (Constitution news round-up)12/5/2018
1A: Conservative groups win smashing free speech victory over UCal-Berkeley for hamstringing speakers (including Ben Shapiro) – school to pay $70,000, rescind unconstitutional and discriminatory policies
https://www.washingtonexaminer.com/red-alert-politics/uc-berkeley-settles-landmark-free-speech-lawsuit-will-pay-70-000-to-conservative-group Free Expression: Gonzaga U – What would Jesus do? Why, ban Ben Shapiro, of course! Catholic school caves to heckler’s veto, refuses to let Shapiro speak because people might be upset. https://freebeacon.com/politics/gonzaga-university-blocks-ben-shapiro-event-protesters-might-use-hate-speech/?utm_source=Freedom+Mail&utm_campaign=90c6b95ec0-EMAIL_CAMPAIGN_2018_03_19_COPY_01&utm_medium=email&utm_term=0_b5e6e0e9ea-90c6b95ec0-45628225 1A: Supreme Court extends Janus principles to bar dues; attorneys can’t be compelled to pay for bar associations’ political speech https://freebeacon.com/issues/scotus-rules-favor-free-speech-lawyer-lawsuit/?utm_source=Freedom+Mail&utm_campaign=11d13d87dc-EMAIL_CAMPAIGN_2018_12_03_10_17_COPY_02&utm_medium=email&utm_term=0_b5e6e0e9ea-11d13d87dc-45628225 1A: Law of compelled speech is complicated and unsettled – wedding cakes, union dues, abortion info at pregnancy centers, transgender pronouns (panel discussion) https://www.youtube.com/watch?v=eAD6prcG60Y 1A: NFL season ticket holder – I have a right as a member of a captive audience to be protected from unwanted ‘take a knee’ protests. Louisiana appeals court – not a valid cause of action http://reason.com/volokh/2018/12/03/court-throws-out-season-ticket-holders-l Free Expression: Google employees discussed manipulating search results, burying conservative media to swing 2020 elections. Please All-Knowing Google, teach me critical thinking. What a bunch of airheads! https://dailycaller.com/2018/11/29/google-censorship-conservative-media/ 2A: New York bill would require gun purchasers to submit their social media and online search history https://www.foxnews.com/us/gun-purchasers-may-need-to-submit-social-media-history-under-proposed-new-york-legislation 2A: Maryland ‘red flag’ law draws 114 gun removal requests in its first month https://wtop.com/maryland/2018/11/maryland-law-draws-114-gun-removal-requests-in-its-1st-month/ South Africa gun registration law predictably cascades into gun confiscation law. Gun grabbers want ALL your freedom. Don’t give them ANY of it. https://www.alloutdoor.com/2018/07/24/south-africa-lesson-registering-guns/ 4A: Officer – I knew it was wrong to place a GPS tracker on defendant’s car without a warrant, but I did it anyway. 4th Circuit – flagrant violation of the 4th Amendment justifying exclusion of drug evidence http://reason.com/volokh/2018/12/04/warrantless-placing-of-a-gps-device-and 4A: Wisconsin Supreme Court upholds use of GPS tracker on suspect’s car after warrant expired https://www.jsonline.com/story/news/politics/2018/11/19/wisconsin-supreme-court-upholds-police-use-gps-tracker/2024023002/ 14A Due Process: ACLU says ‘Marsy’ victims’ rights laws offend the presumption of innocence and the right of the accused to secure exculpatory evidence https://www.aclu.org/blog/criminal-law-reform/major-threat-due-process-marsys-law-gains-ground-nationwide 14A Due Process: Rhode Island students sue state for denying right to be taught civics (how to become capable jurors, voters, and citizens) https://www.cnn.com/2018/12/01/us/civics-class-action-lawsuit-rhode-island/index.html 5A: Supreme Court hears arguments in case testing whether separate state and federal prosecutions for same offense constitutes double jeopardy http://reason.com/volokh/2018/12/05/dual-sovereign-doctrine-under-attack-in 5A Eminent Domain: Texas appeals court rules deliberate hurricane-related flooding of certain properties to prevent damage to other properties can be a taking requiring compensation http://reason.com/volokh/2018/12/04/texas-court-rules-deliberate-flooding-of 6A: New York high court rules possible deportation is a serious consequence triggering right to a jury trial https://www.washingtonpost.com/politics/2018/11/30/deportation-may-be-worse-than-jail-court-just-ruled-why-thats-big-deal/?utm_term=.38f96578a213 8A: Supreme Court appears ready to rule that excessive fines clause applies to the states; this would rein in civil asset forfeiture racket https://www.theusconstitution.org/news/high-court-set-to-apply-constitutions-ban-on-excessive-fines-to-states-report/ 10A: Supreme Court could pronounce in excessive fines case that all of the Bill of Rights are ‘incorporated’ and thus apply to the states; this would be disruptive (e.g., grand juries) and damage already weak federalism https://news.bloomberglaw.com/us-law-week/broader-bill-of-rights-would-dramatically-impact-state-courts Political Bias in Public Accommodations: Republican Club sues Pasadena for canceling event in rented hall featuring pro-marriage speaker https://www.claremont.org/page/ccj-files-lawsuit-challenging-political-and-religious-discrimination/ Economic Freedom: after Wisconsin law banning sale of home-baked goods, home bakers are better able to pay their bills, buy lessons for their children, and get health insurance. https://ij.org/report/ready-to-roll/ Patents: elderly inventor sues Patent Office for bad faith discrimination, blocking his applications, violating his constitutional property rights https://freebeacon.com/issues/patently-offensive/?utm_source=Freedom+Mail&utm_campaign=94987192e3-EMAIL_CAMPAIGN_2018_11_30_08_04_COPY_01&utm_medium=email&utm_term=0_b5e6e0e9ea-94987192e3-45628225 Shame and Kudos! Stanford administrator encouraged frat house to take down American flag as offensive to others. Frat responds by hoisting bigger flag. Mr. Administrator, show me your alternative flag. I’m waiting. https://stanfordreview.org/does-the-american-flag-offend-you-stanford-thinks-it-might/?fbclid=IwAR2nZT9784lMrueJkkoYUS1bnkjmRWrUy7xefgrB6hquEIYbfu9BlFF3rHE Commerce Clause: Muslim female genital mutilation is local criminal activity beyond the reach of Congress to regulate, judge says in expansive ruling knocking down federal FGM statute
https://www.freep.com/story/news/local/michigan/detroit/2018/11/20/female-genital-mutilation-michigan/1991712002/ Appointments Clause: Supreme Court is asked to rule whether acting Attorney General appointment is lawful https://www.reuters.com/article/us-usa-trump-whitaker/trumps-attorney-general-appointment-challenged-at-supreme-court-idUSKCN1NL2KV 5A Due Process: federal judge issues temporary order blocking implementation of Trump asylum rules steering asylum claimants to ports of entry https://theconservativetreehouse.com/2018/11/20/san-francisco-judge-blocks-asylum-ban-for-aliens-who-cross-border-illegally/ 5A Fundamental Rights: After Supreme Court rebuke, trial judge puts Climate Kid’s lawsuit on hold to allow government to appeal to 9th Circuit http://reason.com/volokh/2018/11/26/is-kids-climate-case-coming-to-an-end Discrimination: Trump administration asks Supreme Court for expedited review of its new policy excluding most transgender people from military service; policy currently blocked by 3 lower court orders https://constitutioncenter.org/blog/transgender-in-the-military-dispute-reaches-supreme-court 5A Due Process: in America, we have the right to cross-examine witnesses, confront our accusers in court, and the presumption of innocence. New campus sexual assault rules should not be controversial. https://www.dailywire.com/news/38453/insane-aclu-now-opposes-accused-students-having-so-ben-shapiro 14A Fundamental Rights: 19 states ask Supreme Court to overturn appeals court, uphold Indiana’s ban on Down Syndrome abortion https://townhall.com/tipsheet/laurettabrown/2018/11/20/19-states-ask-the-supreme-court-to-uphold-indianas-down-syndrome-abortion-ban-n2536269 1A: Baby parts sting video maker asks Supreme Court to terminate Planned Parenthood’s intimidation lawsuit designed to stifle First Amendment rights (SLAPP suit) https://www.lifenews.com/2018/11/28/planned-parenthood-desperately-tries-to-stop-more-videos-exposing-it-selling-aborted-baby-parts/ 10A Commandeering: Oregon sues Trump administration for withholding federal grants for state’s refusal to cooperate on immigration matters https://www.thegatewaypundit.com/2018/11/oregon-ag-sues-trump-over-sanctuary-state-funding-oregons-18th-lawsuit-costing-over-100000/ Art 1, Sec 2: Defeated Congressman challenges Maine’s ranked-choice voting law https://www.pressherald.com/2018/11/13/opinion-poliquins-suit-unlikely-to-prevail-on-constitutional-grounds/ 2A: NRA sues Washington State after gun control referendum passes banning sale of semi-autos under age 21, requiring handgun purchasers to allow searches of their medical records, etc. https://freebeacon.com/issues/nra-saf-file-suit-block-new-washington-gun-control-law/?utm_source=Freedom+Mail&utm_campaign=b2035b2b5d-EMAIL_CAMPAIGN_2018_11_19_02_14_COPY_123&utm_medium=email&utm_term=0_b5e6e0e9ea-b2035b2b5d-45628225 2A: courts uphold Colorado’s large-capacity magazine ban (again) https://www.skyhinews.com/news/in-setback-to-gun-advocates-colorados-large-capacity-magazine-ban-survived-yet-another-court-challenge/ State Constitution: Kentucky Supreme Court upholds state’s right-to-work law https://freebeacon.com/issues/right-work-wins-kentucky/?utm_source=Freedom+Mail&utm_campaign=b2035b2b5d-EMAIL_CAMPAIGN_2018_11_19_02_14_COPY_123&utm_medium=email&utm_term=0_b5e6e0e9ea-b2035b2b5d-45628225 Shame! St. Louis County’s Parkway School District fires teacher for thanking students for standing and reciting the Pledge of Allegiance https://www.thegatewaypundit.com/2018/11/st-louis-teacher-fired-after-thanking-kids-for-standing-during-pledge-of-allegiance/ Shame on Brooklyn federal district court judge LaShann DeArcy! She demoralized new Americans in citizenship ceremony by telling them to ‘take a knee’. They freely chose America. You couldn’t be any more disrespectful of their choice. https://spectator.org/judge-tells-new-citizens-to-take-a-knee/ Separation of Powers: 9th Circuit upholds national injunction against Trump administration effort to end DACA program; Supreme Court expected to take up DACA issue
https://constitutioncenter.org/blog/ninth-circuit-rules-against-trump-administration-on-daca 5A Due Process: Trump administration suspends asylum claims not made at ports of entry https://www.whitehouse.gov/presidential-actions/presidential-proclamation-addressing-mass-migration-southern-border-united-states/ Appointments Clause: Supreme Court said in 1898 Eaton case that temporary appointment does not transform individual into a principal officer requiring Congressional approval (Acting AG controversy) http://reason.com/volokh/2018/11/10/who-is-lawfully-the-attorney-general-rig 1A Free Press: Jim Acosta and CNN assert constitutional right to a White House press pass in suit against Trump; Acosta can still apply for daily pass https://www.thegatewaypundit.com/2018/11/jim-acosta-and-cnn-sue-white-house-for-banning-abusive-jackass-from-from-constitutional-right-to-harass-president/ Voting Rights: federal judges throw out Maryland electoral map as political gerrymandering hurting GOP; sets deadline for new map or creation of commission https://www.washingtonpost.com/local/public-safety/federal-judges-throw-out-marylands-congressional-voting-map/2018/11/07/91a06834-e2be-11e8-b759-3d88a5ce9e19_story.html?utm_term=.a233fad646c4 Free Expression: European Parliament moves to ban ‘hate’ speech across entire EU, calls for special police to prosecute and jail critics of radical Islam, gay agenda, open borders, transgenderism, etc. https://www.thenewamerican.com/world-news/europe/item/30600-eu-resolution-demands-critics-of-lgbt-and-islam-be-prosecuted 1A: federal judge rules Wisconsin high school’s ban on pro-gun T-shirts likely unconstitutional http://reason.com/volokh/2018/11/12/high-school-has-right-to-wear-pro-gun-t 2A: 1st Circuit aligns with California on eviscerating right to carry guns outside the home http://patriotgunnews.com/2018/11/06/first-circuit-court-of-appeals-rule-no-right-to-bear-arms-outside-the-home/ 2A: lawsuit challenges New Jersey’s ban on distribution of 3-D gun printing instructions http://reason.com/volokh/2018/11/09/lawsuit-challenging-new-jersey-ban-on-di 2A: “98% of the mass public shootings in the United States since 1950 have occurred in places where guns are banned” https://crimeresearch.org/2018/11/massacre-at-borderline-bar-grill-in-thousand-oaks-california-was-in-another-gun-free-zone-12-murdered-18-injured/ 2A: Washington State voters approve age restrictions, other curbs on gun purchases https://www.dailysignal.com/2018/11/07/washington-voters-ok-sweeping-gun-control-measure-raising-age-for-some-purchases/?utm_source=TDS_Email&utm_medium=email&utm_campaign=CapitolBell%22&mkt_tok=eyJpIjoiTVdVMk9URm1ZMlZsT0RaaiIsInQiOiJ0K0lqODdYVVlhUDJ6YnJkaU0zR2phUXFVNitZU2R3OGNKTkFnajdHWFh5Q0FxV3hrRmtaTDVpTGYzOW5sWlUxa1wvOTc4UkVkeWM2azN1c2d2RUllSjhHVTVVZ2R4MjI1XC9rZ2VkVEJQZEZicm5NUjk0MWhjTFVvMk5aZ3hacVFcLyJ9 2A: fantastical bogus statistic going around after Thousand Oaks shooting – ‘307 mass shootings this year alone.’ Sure. Debunked by left-wing Washington Post https://www.newsbusters.org/blogs/nb/nicholas-fondacaro/2018/11/08/here-we-go-again-cbs-nbc-push-another-bogus-mass-shooting 8A: Supreme Court is asked to rule on Arizona provision categorically denying bail to persons accused of violent sexual offenses http://reason.com/volokh/2018/11/13/are-categorical-denials-of-bail-constitu State Constitutions: New Hampshire (‘Live Free or Die’ state) amends constitution to protect “right to live free from governmental intrusion in private or personal information" – whatever that means http://reason.com/volokh/2018/11/12/nh-constitution-now-protects-right-to-li 5A Due Process: Caravan migrants sue Trump, claim he can’t shut down asylum process (statute arguably says he can)
https://www.foxnews.com/politics/migrants-traveling-to-us-sue-trump-government-claim-violation-of-constitutional-rights?fbclid=IwAR2zBWvVAd13Io5WOuJT6w7fHgBynq9oYZR7maunsHOFzO-YToXX6VJPbGs 5A Fundamental Rights: Supreme Court refuses to stop climate kids case, refers government to 9th Circuit for relief https://www.cbsnews.com/news/supreme-court-declines-to-stop-climate-change-lawsuit-filed-by-young-activists-2018-11-03/ Emoluments: federal judge green-lights emoluments case against Trump, opening door for critics to get his financial records https://www.theguardian.com/us-news/2018/nov/03/trump-emoluments-case-ruling-financial-records-tax-returns 1A Religion: Supreme Court takes 40-foot war memorial cross case https://constitutioncenter.org/blog/supreme-court-takes-bladensburg-peace-cross-case Age Discrimination: Supreme Court unanimously rules age discrimination statute applies to state and local government units, no matter how small https://www.law.com/nationallawjournal/2018/11/06/justices-unanimously-extend-reach-of-federal-age-discrimination-law/?slreturn=20181006123028 14A Fundamental Rights: Anti-abortion amendments pass in Alabama and West Virginia; would criminalize abortions there if Supreme Court overturns Roe and returns autonomy on abortion to the states https://thehill.com/policy/healthcare/415417-alabama-passes-anti-abortion-amendment 2A: free speech claims may go forward against New York for pressuring banks and insurance companies not to deal with the NRA, federal judge rules http://reason.com/volokh/2018/11/06/nras-free-speech-claims-against-ny-offic 1A Compelled Speech: professor sues school that punished him for refusing to use transgender’s pronoun of choice http://www.adfmedia.org/News/PRDetail/10640 1A: federal court denies preliminary injunction against allegedly defamatory political campaign ad http://reason.com/volokh/2018/11/02/no-preliminary-injunction-against-allege 1A: Massachusetts ballot question attempts to overturn Citizens United by establishing commission to propose amendments to cut corporate, union, and non-profit political spending https://turnto10.com/politics/massachusetts-ballot-question-seeks-to-change-us-constitution 2A: Supreme Court again turns away challenge to California’s ban on carrying handguns in public https://www.usnews.com/news/top-news/articles/2018-11-05/us-supreme-court-rebuffs-challenge-to-california-gun-restrictions Equal Protection: “Jewish Trump Supporters Denied Service at NYC Restaurants” (issue of political bias in public accommodations is begging to get litigated) https://news.grabien.com/story-jewish-trump-supporters-denied-service-nyc-restaurants 14A Fundamental Rights: ordering invasive medical exams without parental notice or consent, after removing children from home on suspicion of child abuse, is unconstitutional (9th Circuit) http://cdn.ca9.uscourts.gov/datastore/opinions/2018/10/31/16-56657.pdf Rule of Law: lawlessness begets lawlessness; sanctuary cities beget caravans, violent protests beget wider intimidation, etc. (Victor Davis Hanson) https://www.dailysignal.com/2018/11/02/if-we-dont-enforce-the-law-we-get-anarchy/?utm_source=TDS_Email&utm_medium=email&utm_campaign=Top5?&mkt_tok=eyJpIjoiT1RWaU0ySmhNV001WkdZMiIsInQiOiJta2pxSmk5SGgxNGYwaXdhTityTkFHXC9odjZNR20wbE1zVFo1d3Boblk3K0hKeE1Ja3RId0VndktOVkRYQ0tleklcL2ZRbk5cLzhpU2hYK1pGVHhLWXVmU3hWcjNaVUNDSVAwNzczRG12NkQzdWJ4Zkd1OGxSU1VxRkVGUDlkM0xKMyJ9 Kudos to Missouri store for creating giant sculpture of the U.S. Constitution to educate the public on the importance of having a document that sets our basic ground rules https://www.ozarksfirst.com/news/earth-outdoor-store-creates-giant-metal-sculpture-of-us-constitution/1550606455 ‘Birthright citizenship’ is a creation of executive fiat – NOT the 14th Amendment - and can be reversed by Executive Order https://www.dailysignal.com/2018/10/30/birthright-citizenship-a-fundamental-misunderstanding-of-the-14th-amendment/?mkt_tok=eyJpIjoiTnpJeE56UTBZV0V4WlRoaCIsInQiOiJ5MUNXZDA4MnltSmdxa05pandNa1d6ZjJHXC9VVUkyRUNNNlVLWXlmb2ZJYjBrR2lvZXRWa09KOVpyMEllUHA5dExaaHJsZ0grUktsSjAwQ29aTHE0R21MelZWaXNlOFVYU0RRblB0cU9zNlpsVzlPY0h0b1lzQTNrdFRpMXRRZUgifQ%3D%3D + https://www.foxnews.com/politics/trump-says-he-plans-to-sign-executive-order-ending-birthright-citizenship 1A: federal judge strikes down California law that required pro-life pregnancy centers to give information about abortion; Supreme Court indicated in June law likely unconstitutional https://dailycaller.com/2018/10/28/california-fact-act-abortion/ 1A: Michigan appeals court vacates trial court order enjoining Facebook posts in neighbor spat; inappropriate, crude, and offensive language can be protected under 1A http://reason.com/volokh/2018/10/25/injunction-against-harassing-online-spee 1A: unions flouting Supreme Court Janus decision; requiring workers to opt out of forced dues, restricting opt-out periods, refusing to issue refunds, still representing workers who disagree with them https://fedsoc.org/events/update-workers-speech-rights-in-the-wake-of-janus 1A: Colorado Supreme Court goes against the grain in denying presumptive right of access to sealed criminal court records http://reason.com/volokh/2018/10/25/does-the-first-amendment-protect-a-presu Free Expression: don’t you dare call Muhammad’s practice of child marriage ‘pedophilia’ because that would be blasphemy and you would be a criminal, European Court of Human Rights rules http://reason.com/volokh/2018/10/26/european-court-ok-to-criminalize-calling 2A: evidence for current wave of gun control laws is weak; universal background checks don’t reduce crime and safe storage laws don’t reduce accidents https://townhall.com/columnists/johnrlottjr/2018/07/23/weak-evidence-for-new-gun-control-laws-n2502786 4A: police can’t detain people while developing ‘hunches’ about where to search http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D10-18/C:17-2517:J:Hamilton:aut:T:fnOp:N:2236435:S:0 Eminent Domain: property rights activists disappointed Supreme Court turned away opportunity to limit Kelo; OK for Louisiana port authority to seize nearby competing private port https://fedsoc.org/commentary/blog-posts/news-scotus-passes-on-opportunity-to-limit-or-overturn-kelo 10A: Supreme Court soon to hear oral arguments in case where Virginia admitted its uranium mining ban is motivated by radiological safety concerns, an exclusive province of the federal government https://www.dailysignal.com/2018/10/29/here-are-3-cases-to-watch-at-the-supreme-court/?utm_source=TDS_Email&utm_medium=email&utm_campaign=CapitolBell&mkt_tok=eyJpIjoiTkRnMlptUXpOakZtTVROaSIsInQiOiJ6cGFFcnlPV3dWN3hzM1ZmeklaeVZ3K1BzTHFxc2VLa1ZOSjRXdlAzNEN4OWhDU1d0UndydXlidWxWa042QzY1SXY1cEV1TUswK2hrTjBZQ3hSaHc1VXVBbDA5OU4xeWFjMXNacHRqWUpUV3h2emtqaUxneWZKckxtb0NLSW9yNCJ9 10A: Trump-hating Dems discover the virtues of federalism https://www.conservativereview.com/news/shapiro-how-democrats-learned-to-stop-worrying-and-love-federalism/ 14A: class action against Tennessee revoking driver’s licenses for failure to pay criminal fines will proceed in part; long discussion of how 14A standards change when both equal protection and due process involved https://cdn.buttercms.com/rM4VcPDRTWZBxgR2OkEj Economic Freedom: why does a barber need a high school diploma and 1,500 hours of training? Tennessee law being challenged. https://fedsoc.org/commentary/blog-posts/docket-watch-zarate-v-tennessee-of-cosmetology-and-barber-examiners Trump has inherent executive authority and delegated authority from Congress to stop illegal alien caravan from entering U.S.
https://www.conservativereview.com/news/president-trump-has-full-constitutional-power-to-stop-the-border-invasion-even-without-congress/ 14A Due Process: Alabama Supreme Court affirms sentence for murder of unborn child, criticizes Roe v. Wade as patently illogical https://www.wnd.com/2018/10/shocker-court-rules-unborn-baby-a-person/ 1A: Supreme Court takes case with implications for social media; case tests whether a public access television network run by private operator is a free speech forum https://www.cnbc.com/2018/10/16/supreme-court-case-could-decide-fb-twitter-power-to-regulate-speech.html Nationwide Injunctions: 9th Circuit panel appears skeptical of nationwide injunction barring Trump administration from issuing rules creating exceptions to Obamacare’s birth control mandate http://www.latimes.com/local/lanow/la-me-ln-birth-control-9th-circuit-20181019-story.html 1A: Oregon baker asks Supreme Court to resolve compelled speech question left over from Masterpiece https://www.dailysignal.com/2018/10/22/bakers-fined-135k-over-wedding-cake-appeal-to-supreme-court/?utm_source=TDS_Email&utm_medium=email&utm_campaign=MorningBell%22&mkt_tok=eyJpIjoiWkRVMVlUQTBNRFEwTldWaiIsInQiOiJNYlwvQVBjQmlFd3VzSTU3ZVN6Tk83YVlcL29OU1ZxRTZkYnJMdUtzMHZYSlJWU01zbUJoQjlUQ0ZaamwyZlhpRFJYalMxZ0VoRVZoMHhHYVA3cUpqakdjRDdKK2xhTmY3Q3o0dFNhYjJzb05KUGo5eVwvMHVNVWVrNzAzZnlUWVwvVDcifQ%3D%3D 1A: Christian filmmakers argue before 8th Circuit that state’s order to ‘cover gay weddings or go to jail’ unconstitutionally compels speech in violation of beliefs http://www1.cbn.com/cbnnews/us/2018/october/christian-filmmakers-appeal-to-8th-circuit-to-make-films-celebrating-marriage-between-one-man-one-woman 1A Religion: 7th Circuit finds no assault on religion in school district’s decision not to provide second Catholic school with busing. http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D10-11/C:17-2333:J:Ripple:dis:T:fnOp:N:2232584:S:0 2A: When do ammunition taxes, microstamping requirements, and ammo limits excessively burden the right to bear arms? https://thefederalist.com/2018/10/15/left-doesnt-just-want-take-guns-also-ammo/ 5A,6A: new conditions in written sentence handed down after sentencing hearing violate opportunity to be heard and right to be present at sentencing (5th Circuit) http://www.ca5.uscourts.gov/opinions/pub/17/17-40033-CR0.pdf 14A Equal Protection: separate opinion blasts ‘tawdry and disreputable’ police tactic of stash house reverse stings, as race-based targeting http://cdn.ca9.uscourts.gov/datastore/opinions/2018/10/15/16-50061.pdf#page=17 14A political bias in public accommodations: Ruby Tuesday restaurant in North Carolina denies service for Trump t-shirt; dollars went to Texas Roadhouse, instead https://www.thegatewaypundit.com/2018/10/family-denied-service-at-ruby-tuesday-in-roanoke-rapids-north-carolina-over-pro-trump-t-shirt-video/?fbclid=IwAR0b98qGaMVhL8vnTew_lZBFOjErAmB9RpqaQjbXJXcvAvjMCA2zOZzR7ac 14A Property rights – Ohio owner wants homeless tent city on his property, city says it’s a zoning violation, neighboring apartment dwellers cite nuisance spilling over to them. Who should win? https://www.nytimes.com/2018/10/16/us/akron-homeless-tent-city.html 14A Liberty Interest: Georgia judge writes in favor of a constitutional right to home-school (legal in most states, but by statute). What part of ‘children are not state property’ do you not understand? http://reason.com/volokh/2018/10/23/constitutional-right-to-home-school Commerce Clause: Maryland asks Supreme Court to uphold its generic drug price-gouging law which 4th Circuit knocked down as attempt to regulate transactions beyond state borders http://www.baltimoresun.com/news/maryland/politics/bs-md-frosh-drugs-20181019-story.html Economic Freedom: proposal from Louisville council members appears to renege on city’s agreement with food truck vendors reached in June https://www.courier-journal.com/story/money/louisville-city-living/2018/10/11/louisville-food-trucks-new-vending-zones/1600022002/ New book says America’s problems are not attributed to the U.S. Constitution which has performed well and shown remarkable staying power https://www.the-american-interest.com/2018/10/22/the-sprightly-230-year-old/ Shame! Paul Krugman claims without a shred of evidence Trump will disregard the Constitution after the election, urges government officials to disregard Presidential orders. Go back to economics! #StickToYourKnitting https://www.yahoo.com/news/paul-krugman-warns-trump-poised-065936913.html Trump snubs Feinstein and Harris, nominates 3 conservatives to ‘nutty’ 9th Circuit
https://sanantonioteaparty.us/president-trump-taking-hatchet-to-historically-liberal-9th-circuit-court-snubs-harris-and-feinstein/?utm_source=Revere+Report+17Oct18&utm_campaign=RR&utm_medium=email 1A: Atlanta settles with fire chief it fired for his religious beliefs for $1.2 million – “big win for the First Amendment rights of all Americans” https://www.dailysignal.com/2018/10/16/atlanta-paying-fire-chief-it-fired-over-his-christian-faith-1-2m-settlement/?utm_source=TDS_Email&utm_medium=email&utm_campaign=CapitolBell&mkt_tok=eyJpIjoiTWpCalpqSXdaV1UxTkdNeSIsInQiOiI4bWFxM0Y1WHluMUREeUQrdFArT3RSXC9uXC8xWEV4Rkxrd0k0QWwzNDhrSitiV2JONHNNUUJ1dE56c0FDUGs5eHNcL3dtZnBReWo4Zjl3c1ZGb0RqemRsbnM0TGFreEQ5alZ4TGVERGk3STIyd2pFZW9TSkY4YWQ3blYwbzJqcklKUyJ9 North Dakota voter ID law upheld by Supreme Court, adding to string of cases saying requiring ID is not ‘voter suppression’ https://www.redstate.com/streiff/2018/10/09/breaking.-supreme-court-uphold-north-dakotas-voter-id-law 1A: PILF cross-sues Virginia Department of Elections in case alleging PILF had intimidated voters by publishing noncitizen voting info; PILF argues it could reasonably rely on accuracy of government records https://ecf.vaed.uscourts.gov/doc1/18919171836 5A: Climate kids case to proceed to trial on due process grounds; Ninth Amendment claim dismissed. Judge believes climate change issue should be decided in court, not by the elected branches of government. https://www.registerguard.com/news/20181015/federal-judge-issues-ruling-in-climate-kids-case 1A: Violent leftist mobs are not ‘protesters’; the damage they inflict is NOT constitutionally protected free speech or assembly https://www.usatoday.com/story/opinion/2018/10/16/mob-protestors-activists-constitution-antifa-liberal-riots-first-amendment-column/1642922002/ 2A: Another reason to carry a gun: Parkland deputy argues he had no legal duty to stop the massacre. http://www.gopusa.com/parkland-deputys-lawyers-say-he-wasnt-legally-required-to-stop-massacre/ 4A: Part-time doctor who does not own the clinic where he works cannot assert a Fourth Amendment claim to bar search of the medical records of his patients http://www.ca5.uscourts.gov/opinions/pub/17/17-20726-CV0.pdf 5A: amicus brief argues government should have to show by clear and convincing evidence that the person knows the password before the person can be compelled to decrypt computer records http://reason.com/volokh/2018/10/11/amicus-brief-on-burdens-of-proof-for-com Economic Freedom: Supreme Court knocks down 8th Circuit ruling which upheld Missouri licensing law requiring 1,500 hours of training for hair braiding https://ij.org/press-release/u-s-supreme-court-rules-in-missouri-hair-braiding-case/ State Constitution: West Virginia in constitutional crisis; stand-ins for impeached supreme court rule that impeachment trial would be unconstitutional https://www.washingtonpost.com/news/morning-mix/wp/2018/10/15/west-virginia-botches-impeachment-of-chief-justice-faces-constitutional-crisis-stay-tuned/?noredirect=on&utm_term=.f9c6c2fa2c75 State Constitution: Washington Supreme Court holds state’s death penalty unconstitutional (again); arbitrary and racially biased since black defendants more than 4 times more likely to be sentenced to death http://www.courts.wa.gov/opinions/pdf/880867.pdf Prominent historian rejects notion Constitution’s basic structure framed by issue of slavery; finds tension between large and small states much more salient https://www.lawliberty.org/2018/10/12/gordon-woods-reflections-on-the-constitution-and-slavery/ Justice Scalia’s finest opinion? Dissent in Morrison v. Olson continues to inform legal debates on separation of powers and unitary executive https://fedsoc.org/commentary/videos/the-great-dissent-justice-scalia-s-opinion-in-morrison-v-olson The costs of the administrative state: unnecessary regulation has imposed major costs on the US economy, the separation of powers has been compromised, and erosion of the role of Congress threatens democracy. https://www.amazon.com/Judicial-Fortitude-Chance-Administrative-State/dp/1641770082/ref=as_li_ss_tl?ie=UTF8&qid=1527183277&sr=8-2&keywords=peter+wallison&linkCode=sl1&tag=aeor-20&linkId=9041559c8f2ac826d5db8a7281069096 Justice Kavanaugh likely to strengthen religious liberty, the right to bear arms, and limits on congressional and executive power. https://www.dailysignal.com/2018/10/10/how-justice-kavanaugh-will-change-the-supreme-court/?utm_source=TDS_Email&utm_medium=email&utm_campaign=MorningBell%22&mkt_tok=eyJpIjoiTm1Ka05qaG1aVFEyTVRNNCIsInQiOiJQeGY5d2p3RFlXRFZ4TloyRWNMdXNGYnpEXC9HZVpTSW1uSEJ4UEhaNXI1Qk82UXNRSGptanNubXY4MnBPQ0hpN05qNnhHcEs1MHhEZmxndlprMXpqK3RVdkhpblJjWUZTR3BnWVFrVTZmSiswWmlJVm9EQkUyY2dCY00yOEk5YmIifQ%3D%3D Post-Kavanaugh: “It’s time to act like Americans once again.” https://politichicks.com/2018/10/its-time-to-return-our-hearts-toward-home/ Shame! Dem Arizona Senate candidate on record as saying its fine for Americans to fight for the Taliban, America’s enemy. https://freebeacon.com/politics/sinema-refuses-address-past-comments-okay-americans-join-taliban/?utm_source=Freedom+Mail&utm_campaign=ac72eb9a3e-EMAIL_CAMPAIGN_2018_03_19_COPY_01&utm_medium=email&utm_term=0_b5e6e0e9ea-ac72eb9a3e-45628225 Trump administration loses another sanctuary city grants case (Constitution news round-up)10/10/2018
Trump administration loses another sanctuary city grants case; executive cannot place conditions on federal grants (separation of powers) or commander state employees to enforce federal law (10A)
http://reason.com/volokh/2018/10/06/yet-another-federal-court-rules-against 2A: Misdemeanor DUI not enough to justify life-long gun ban; federal judge restores gun rights to nonviolent offender https://freebeacon.com/issues/federal-judge-restores-non-violent-offenders-gun-rights-following-landmark-case/ 14A: New California law requires certain corporations to meet quota of women on their boards; companies lost value under similar law in Norway; wrinkle here is gender identity, not biological sex https://fedsoc.org/commentary/blog-posts/is-california-s-corporate-boards-quota-bill-constitutional Returning to Congressional rather than judicial government will lower the stakes and avoid future bitter nomination fights. https://www.lawliberty.org/2018/10/08/avoiding-the-next-50-48-vote-disempower-the-court/ Free expression: Leaked Google document - tech firms have lost their free speech culture and moved toward censorship https://www.breitbart.com/tech/2018/10/09/the-good-censor-google-document-admits-breitbart-news-is-number-one-for-free-speech/ 1A: gaming company personnel cannot be prohibited from making political contributions on the grounds that a legal industry is corrupt, federal judge in Pennsylvania rules https://fedsoc.org/commentary/blog-posts/pennsylvania-ruling-affirms-that-campaign-finance-prohibitions-must-be-justified 1A Religion: St. Louis can’t compel religious groups “to employ or house individuals who advocate for or perform abortions” contrary to their beliefs, federal judge rules https://www.lifenews.com/2018/10/04/judge-strikes-down-law-making-st-louis-a-sanctuary-city-for-abortion/ 2A: CDC admits its gun injury data is unreliable, publishes it anyway; downward trend found by other researchers casts doubt CDC estimates https://fivethirtyeight.com/features/the-cdc-is-publishing-unreliable-data-on-gun-injuries-people-are-using-it-anyway/ Eminent Domain: Supreme Court hears arguments in case testing precedent that takings plaintiffs must exhaust state remedies before filing in federal court http://www.scotusblog.com/2018/10/argument-analysis-weighing-federal-court-access-for-local-takings-plaintiffs/ 14A Discrimination: Study shows ‘Ban the Box’ laws protecting ex-offenders harm the chances of young black men getting a job http://reason.com/volokh/2018/10/10/the-unintended-consequences-of-ban-the-b Dormant Commerce Clause: Wisconsin butter-grading statute is burdensome on Amish small-batch producers, but OK because it does not discriminate against out-of-state products, 7th Circuit rules http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D10-03/C:18-1520:J:Flaum:aut:T:fnOp:N:2228758:S:0 Dem Senator filed for injunction to block Kavanaugh vote; argued that failure to provide documents related to nominee’s tenure in the Bush administration hampered Senator’s duty to advise and consent https://bwcentral.org/2018/10/resist-democrat-senator-filed-an-injunction-to-block-final-kavanaugh-vote/ Be inspired: “Life-Long Cubs Fan With Down Syndrome Fulfills His Dream to Sing National Anthem” https://www.lifenews.com/2018/10/03/life-long-cubs-fan-with-down-syndrome-fulfills-his-dream-to-sing-national-anthem/ Help build a fortress around the American Idea. Defend the Constitution here -
http://www.liberato.us/constitution-news.html 10A: Trump Justice Department sues California to block state’s net neutrality law https://www.law.com/therecorder/2018/09/30/feds-sue-california-to-block-sweeping-new-net-neutrality-law/?slreturn=20180901085734 5A: Philadelphia agrees to dismantle civil asset forfeiture scheme and stop ‘policing for profit’ https://fee.org/articles/ij-deserves-a-nobel-prize-for-taking-down-philadelphias-asset-forfeiture-racket/ 4A: Amash claims human trafficking bill is cover for increased government spying on citizens without a warrant https://freedomoutpost.com/congressman-exposes-government-using-human-trafficking-act-to-spy-on-citizens-without-warrant/ States: Supreme Court turns away challenge to voter-approved amendment to Tennessee state constitution allowing abortion regulations; issue was technical (how votes were counted) https://www.lifenews.com/2018/10/01/supreme-court-wont-hear-challenge-to-tennessee-amendment-that-eliminated-right-to-abortion/ 1A: Seattle bus authority engaged in viewpoint discrimination in rejecting Pamela Geller ads on global terrorism, 9th Circuit panel rules https://gellerreport.com/wp-content/uploads/2018/09/Opinion-9-27-18.pdf 1A: D.C. Circuit keeps Pamela Geller bus and subway advertisement litigation alive; transit authority must respond https://gellerreport.com/2018/09/wmata-afdi-petition.html/ 1A: federal court strikes down Hawaii law compelling pregnancy centers to refer women to abortion providers https://www.lifenews.com/2018/09/21/hawaii-court-strikes-down-law-forcing-pregnancy-centers-and-pro-life-doctors-to-promote-abortion/ 1A: town council resolution to boycott Nike after Kaepernick featured in ads is arguably unconstitutional http://reason.com/volokh/2018/09/20/no-government-boycotts-of-nike-arent-con 1A Religion: Muslim inmate claims prison violated Free Exercise clause when it denied him a Muslim meal https://valawyersweekly.com/2018/09/23/denial-of-muslim-meal-prompts-first-amendment-claim/ 2A: Maryland Rite Aid shooting doesn’t fit the Left’s gun control narrative: shooter a transgender (not a white male); handgun purchased legally in a state that has universal background checks. http://www.baltimoresun.com/news/maryland/harford/aegis/news/bs-md-moseley-20180920-story.html 5A/10A: Supreme Court case tests whether states can prosecute people for the same offense charged in federal court; implications for Mueller probe and federalism https://www.theatlantic.com/politics/archive/2018/09/trump-pardon-orrin-hatch-supreme-court/571285/?utm_source=feed 14A Due Process: Louisiana law requiring abortion providers to have admitting privileges does not unduly burden abortion rights, 5th Circuit panel rules https://apnews.com/28c903efdf37442386d4d1338393634d Copyright: authors call for Music Modernization Act and stronger international agreements to strengthen constitutional copyright protections https://www.realclearmarkets.com/articles/2018/09/17/a_constitution_day_call_to_strengthen_copyright_protection_103414.html Book explores how constitutional government can be rescued from expansive administrative state https://fedsoc.org/commentary/publications/can-americans-reconcile-our-constitutional-system-with-an-expansive-administrative-state Book parses the meaning of the Habeas Corpus Suspension Clause; originalism does not come up short on protecting individual rights https://www.lawliberty.org/2018/09/26/amanda-tyler-and-the-original-meaning-of-the-habeas-corpus-suspension-clause/ Hmm... Deface or burn – decisions, decisions. Article traces the history of Supreme Court cases on the U.S. flag and Pledge of Allegiance https://constitutioncenter.org/blog/when-supreme-court-justices-argue-over-the-american-flag Shame! Senator Hirono thinks people with “ideological agendas” should not get the presumption of innocence. OK Senator, let’s start with you! https://freebeacon.com/politics/hirono-kavanaugh-doesnt-get-presumption-innocence-ideological-agenda/?utm_source=Freedom+Mail&utm_campaign=c0f2dda44c-EMAIL_CAMPAIGN_2018_09_23_10_01_COPY_103&utm_medium=email&utm_term=0_b5e6e0e9ea-c0f2dda44c-45628225 Expert demolishes study claiming ‘U.S. has the most mass shootings’ (Constitution news round-up)9/19/2018
2A: Expert John Lott demolishes study claiming ‘U.S. has the most mass shootings’; U.S. ranks 58th; study author hiding data and won’t debate Lott
https://www.washingtontimes.com/news/2018/aug/29/john-lott-jr-adam-lankford-botched-study-claiming-/ 1A: Federal judge voids California’s 1923 ban on handgun advertising as violating free speech https://freebeacon.com/issues/california-ban-handgun-advertising-ruled-unconstitutional-federal-court/?utm_source=Freedom+Mail&utm_campaign=1d9c32abb9-EMAIL_CAMPAIGN_2018_09_12_11_16_COPY_02&utm_medium=email&utm_term=0_b5e6e0e9ea-1d9c32abb9-45628225 1A: student sues Wisconsin community college for preventing her from handing out religious-themed Valentine’s Day cards https://freebeacon.com/issues/lawsuit-alleges-wisconsin-college-violated-students-first-amendment-rights/?utm_source=Freedom+Mail&utm_campaign=b1736473e2-EMAIL_CAMPAIGN_2018_09_14_12_48_COPY_99&utm_medium=email&utm_term=0_b5e6e0e9ea-b1736473e2-45628225 1A: Rochester gives up on trying to enforce injunction relating to abortion clinic free speech buffer zone against a non-party https://www.lifenews.com/2018/09/17/rochester-new-york-stops-denying-free-speech-of-pro-life-advocates/ Free expression: ‘report your friends and neighbors to the police for making insulting comments’. Soviet Union long ago and far away? Nope. UK today. http://thefederalist.com/2018/09/11/u-k-police-urge-citizens-report-neighbors-offensive-insulting-speech/ 2A: California to ratchet up ammunition controls next year; already, residents must buy their ammo in-state from state-approved vendors. http://bwcentral.org/2018/09/californias-latest-attack-on-second-amendment-ammunition-controls/ 2A: California bill (AB2888) expanding list of people who can ask for gun violence restraining orders advances to Governor’s desk http://www.foxnews.com/us/2018/08/31/california-bill-to-expand-gun-takeaway-law-advances-to-governors-desk.html 2A: left-wing group funding public radio advocacy ‘journalism’ aimed at refining how to get gun control measures passed. #ExposeTheirMethods https://idahofreedom.org/guns-america-left-wing-fund-embeds-firearms-focused-journalist-in-idaho/ 5A: terror suspect claims Trump tweets calling for death penalty makes a fair prosecutorial decision impossible https://www.aol.com/article/news/2018/09/07/terror-suspect-asks-judge-to-rule-out-death-penalty-due-to-trump-tweets/23520185/ 8A: 9th Circuit rules prosecuting the homeless for sleeping outside is cruel and unusual punishment https://www.reuters.com/article/us-idaho-homeless/prosecuting-homeless-for-sleeping-outside-may-violate-u-s-constitution-ruling-idUSKCN1LK26U Sovereign immunity: Supreme Court to hear issue of whether a state can be forced into another state’s courts http://reason.com/volokh/2018/09/18/interstate-sovereign-immunity-and-why-th AG Jeff Sessions speaks against nationwide injunctions which used to be rare, but have hampered Trump 25 times in 2 years https://www.law.com/nationallawjournal/2018/09/13/jeff-sessions-nodding-to-justice-thomas-takes-new-swing-at-national-injunctions/?slreturn=20180814113358 Editorial: 9th Circuit intellectually dishonest in donor disclosure case; ignored record evidence of lack of necessity, state’s failure to safeguard names, and threats against AFP Foundation donors https://www.wsj.com/articles/ninth-circuit-vs-free-speech-1536793415 Shame on John Brennan for calling on Deep State resisters to disobey Presidential order to declassify documents. This would overturn the Constitutional order. None dare call it treason. https://www.washingtonexaminer.com/news/john-brennan-hopes-individuals-of-conscience-will-block-trumps-declassification-order |