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Due Process: Trump administration correctly implementing court’s order to avoid blanket separation of families at the border and allowing separation for cause (unfit parents with criminal history, disease, etc.)
https://www.upi.com/Top_News/US/2020/01/15/Judge-rules-Trump-administration-within-authority-to-separate-families-at-border/5461579073906/ Separation of Powers: 5th Circuit lifts temporary stay against Trump administration’s diversion of $3.6 billion in military construction funds to build the border wall https://www.usatoday.com/story/news/nation/2020/01/08/trump-border-wall-appeals-court-military-funds/2853206001/ Article 1, Section 8 War Powers: 2001 Justice Department legal opinion arguably backs constitutional validity of President Trump’s strike on Suleimani https://www.dailysignal.com/2020/01/13/leftists-are-wrong-us-killing-of-irans-suleimani-a-legal-action/ 2A: hero who stopped Texas church shooting to be awarded Texas Medal of Courage https://www.breitbart.com/local/2020/01/11/hero-shot-killed-texas-church-shooter-receive-medal-courage/ 14A: five states looking at keeping transgenders out of women’s sports https://www.wsj.com/articles/states-weigh-measures-to-stop-transgender-athletes-from-competing-in-womens-sports-11578393001 4A: Pensacola shooting typifies unresolved Issue - should people have unbreakable encryption to keep Big Government out of their business? Or should law enforcement be given a ‘back door’ in terrorism and national security cases? https://thehill.com/policy/technology/478106-apple-rejects-barr-claim-that-company-has-given-no-substantive-assistance Dems claim Texas move to require personal (non-digital) signature for voter registration is unconstitutional https://www.theepochtimes.com/democratic-party-sues-texas-over-digital-voter-registration_3198400.html 5A/14A Due Process + 1A: Massachusetts court declines to legislate from the bench, rules no constitutional right to assisted suicide; appeal planned. Court also said doctors have free speech right to discuss assisted suicide with patients. https://www.wbur.org/commonhealth/2020/01/10/mass-court-right-to-die-ruling 1A: Supreme Court turns away texting suicide case and the argument defendant was convicted for words alone in text urging her boyfriend to kill himself https://abcnews.go.com/US/supreme-court-declines-hear-michelle-carter-appeal-texting/story?id=68248229 1A: Seattle Public Library decides to give meeting space to trans-skeptical feminist group; “we do not believe that stifling speech for anyone will result in positive outcomes for anyone” https://reason.com/2020/01/10/seattle-public-library-reaffirms-rights-of-trans-skeptical-feminist-group-and-everyone-else/ 1A: Indiana school district tells parents they can’t criticize it on social media; ACLU says policy is “flagrantly” unconstitutional https://freedomproject.com/the-newman-report/1287-school-district-seeks-to-censor-parents-on-social-media 2A: Legislation introduced to make South Carolina a Second Amendment sanctuary state https://www.thenewamerican.com/usnews/constitution/item/34583-south-carolina-fires-back-on-gun-control 4A: renters do not have to submit to an inspection before they can challenge rental inspection ordinance, Pennsylvania appeals court rules https://ij.org/press-release/pottstown-renters-score-major-win-in-challenge-to-unconstitutional-rental-inspections/ 14A: forthcoming law review article discusses whether a small percentage of African ancestry makes one a ‘disadvantaged minority person’ eligible for government contract set-asides https://reason.com/2020/01/08/may-an-individual-claim-minority-status-based-on-a-dna-test-showing-a-small-amount-of-african-heritage/ Equal Rights Amendment might subject women to the military draft, disallow same-sex bathrooms, abolish women-only shelters, and mandate government funding of abortion (not to mention eliminate minority set-asides for government contracts). Is that what you want? https://www.dailysignal.com/2020/01/13/4-potential-consequences-of-passing-the-equal-rights-amendment/ Proposed amendment would give populous states more U.S. Senators (upsetting the deal that drew small states into the union in the first place) https://www.thecentersquare.com/florida/democrats-petition-for-constitutional-amendment-that-would-garner-florida-a/article_e5790fea-33e1-11ea-bfc7-0ff930764dff.html Shame! Texas homeowner’s association orders active military resident to take down American flag. Kudos to his neighbors who raised their own flags in support. https://www.americanow.com/story/society/2020/01/09/army-sergeant-ordered-remove-american-flag-his-own-home  Supreme Court docket full of contentious issues - gun rights, DACA, LGBTQ, abortion, state aid to religious schools, CFPB, Trump financial records
https://www.theepochtimes.com/supreme-court-legal-fights-to-watch-in-2020_3195108.html 1A Speech: You can burn the U.S. flag but not the gay flag? #PretzelLogic You get 16 years in prison for burning the gay flag - wow! This hate crime stuff has gone way too far. https://www.washingtontimes.com/news/2019/dec/19/adolfo-martinez-iowa-man-who-burned-lgbtq-flag-sen/
https://www.theepochtimes.com/federal-judge-shields-independent-truckers-from-california-law_3196939.html Amendments: Virginia election prompts 3 states to sue to stop 1970s Equal Rights Amendment on theory deadline for ratification has passed https://www.usatoday.com/story/news/politics/2019/12/19/south-dakota-sues-keep-equal-rights-amendment-off-u-s-constitution/2697209001/ + https://www.lifenews.com/2019/12/23/states-file-lawsuit-to-stop-passage-of-era-which-would-allow-abortions-up-to-birth-nationwide/ 1A Religion: public health trumps Amish schoolers’ challenge to state vaccine law, NY Supreme Court rules https://www.dcclothesline.com/2019/12/26/ny-supreme-court-rules-amish-cannot-exercise-religious-vaccine-exemption-to-attend-their-own-private-amish-school/ 1A Religion: Michigan county threatens to demolish Amish homes unless they modernize. (And this leaves the Amish in this country, where, exactly?) https://dcdirtylaundry.com/michigan-county-threatens-to-demolish-14-amish-homes-unless-they-give-up-their-religious-beliefs-and-upgrade-their-homes/ 1A Speech: Texas woman challenges USPS regulation against customizing personalized postage stamps with religious content (‘it is viewpoint discrimination to allow all views except religious views’) https://www.theepochtimes.com/lawsuit-alleges-usps-rule-barring-any-depiction-of-religious-content-on-stamps-violates-first-amendment_3179713.html
2A: Virginia gun sanctuary movement spreads to Kentucky https://www.kentucky.com/news/state/kentucky/article238908618.html 2A: Gun owner puts quick end to Texas church shooting https://www.dailysignal.com/2020/01/06/concealed-carry-law-in-texas-prevented-mass-murder/ 2A: “Virginia Congresswoman Proposes Bill Empowering Credit Card Companies to Track, Report Gun Purchases” #AuthoritarianLeft https://www.gunsamerica.com/digest/virginia-bill-credit-card-companies-track-gun-purchases/?fbclid=IwAR2e5mTIIr6nzvk-9MM6viaw_WUEodjMSJfePZeJ_d47QsHsPf23saTdHao 4A: Maryland groups oppose Baltimore police drones https://www.foxnews.com/us/baltimore-civil-rights-groups-oppose-aerial-surveillance-pilot-program-aimed-at-stemming-violent-crime 4A: information gathered on U.S. citizen incidental to surveillance of non-nationals abroad does not require a warrant, 2nd Circuit rules https://www.reuters.com/article/us-usa-courts-surveillance/warrant-not-always-needed-for-inadvertent-nsa-surveillance-of-americans-u-s-court-idUSKBN1YN02U 5A Eminent Domain: Tenth Circuit declines to overturn trial judge’s ruling government need not compensate criminal defendant for home destroyed in police action https://www.ca10.uscourts.gov/opinions/18/18-1051.pdf 10A: panel discusses ‘horizontal federalism’ whereby states seek to impose their policies on other states https://fedsoc.org/conferences/2019national-lawyers-convention?#agenda-item-horizontal-federalism-may-states-project-their-sovereignty-beyond-their-borders 14A: documentary tells the story of one of the worst Supreme Court decisions ever - Korematsu https://fedsoc.org/commentary/videos/korematsu-versus-us?autoplay=1 The General Welfare clause does not mean ‘anything goes’. The clause was intended to limit Congressional actions to those that benefit the whole, not some group. https://www.krisannehall.com/index.php/resources/articles/208-general-welfare-clause-james-madison-s-warning-its-not-about-money Mayor Pee-wee Pete just wrong in asserting the Founders didn’t understand slavery was evil; they teed things up to get rid of it. https://www.dailysignal.com/2020/01/02/what-the-founders-actually-thought-about-slavery/ BREAKING: “Appeals court strikes ObamaCare mandate, sends case back to lower court”
https://thehill.com/policy/healthcare/475186-appeals-court-strikes-obamacare-mandate-sends-case-back-to-lower-court 1A Establishment: Freedom from Religion Foundation strikes again, bullies third-graders in Oklahoma until school yanks nativity scene from annual show https://www.washingtontimes.com/news/2019/dec/12/freedom-from-religion-foundation-succeeds-gets-3rd/ 5A Eminent Domain: feds knew Houston reservoir likely to flood residences, therefore liable for Hurricane Harvey damage, judge rules https://reason.com/2019/12/17/federal-court-rules-that-federal-government-flooding-of-homes-during-hurricane-harvey-is-a-taking/ 5A Double Jeopardy: Manhattan judge tosses state fraud prosecution against Paul Manafort, clearing the way for a presidential pardon; DA vows to appeal https://www.dailymail.co.uk/news/article-7806193/Paul-Manafort-New-York-state-fraud-prosecution-DISMISSED-double-jeopardy.html 1A Association: federal judge strikes down L.A. ordinance forcing companies to disclose ties to the NRA to get government contracts https://freebeacon.com/issues/judge-blocks-ordinance-exposing-nra/ 1A: Judge Willett reverses himself, now dissents from 5th Circuit’s approval of suit attempting to impose liability on BLM protest organizer for injury to Louisiana police officer when violence was not incited https://reason.com/2019/12/16/judge-willetts-change-of-heart/ + https://www.theatlantic.com/ideas/archive/2019/12/don-willetts-deray-mckesson-free-speech/603772/ 14A: Samoans are American citizens, federal judge rules https://www.upi.com/Top_News/US/2019/12/12/Judge-rules-American-Samoans-are-US-citizens/6991576203652/ 1A: legal groups sue to stop State Department requirement that all applicants for U.S. visas register their social media handles; argues registration chills free speech https://www.brennancenter.org/our-work/analysis-opinion/social-media-vetting-visa-applicants-violates-first-amendment 8A Cruel and Unusual Punishment: Supreme Court lets 9th Circuit ruling stand striking down local laws against homeless people sleeping outside https://www.upi.com/Top_News/US/2019/12/16/Supreme-Court-declines-to-hear-case-over-homeless-people-sleeping-outdoors/1751576524793/?mph=4 4A: Oregon Supreme Court rules officers can no longer seek consent to search vehicle or ask other non-germane questions during routine traffic stops; ruling seen as curtailment of racial profiling https://www.cnn.com/2019/12/14/us/traffic-stop-disparities-oregon-supreme-court-ruling/index.html 1A Religion: legal foundation says school district in New York showed impermissible hostility to religion in refusing formation of student Christian club https://freebeacon.com/issues/ny-school-district-blocks-christian-club/ 1A, Commerce Clause: pharma group argues Oregon price transparency laws would force disclosure of trade secrets and are, therefore, unconstitutional https://www.beckershospitalreview.com/pharmacy/phrma-sues-oregon-over-drug-pricing-transparency-laws.html 1A Free Press: Maryland law requiring newspapers to publish information about political ads unconstitutionally burdens First Amendment rights without doing much to remedy foreign interference in elections (Fourth Circuit) http://www.ca4.uscourts.gov/opinions/191132.P.pdf 1A Establishment: review sought in two cases testing whether religious schools have the right to choose their own religion teachers https://fedsoc.org/commentary/blog-posts/ninth-circuit-says-government-can-impose-unwanted-religion-teachers-on-religious-schools 5A Self-Incrimination: pharmacist who willingly submits to 4-hour interrogation to build case against other is ruled to have given voluntary statements because he freely chose to submit and could have left at any time; conviction affirmed (Third Circuit) https://www2.ca3.uscourts.gov/opinarch/181881p.pdf Discrimination v. Right of Association: this is the U.K., but could happen in the U.S. - pro-life Catholic kicked out of political party sues for religious discrimination https://www.lifenews.com/2019/12/12/pro-life-elected-official-sues-liberal-democrats-for-kicking-him-out-of-party-because-hes-catholic/ Commerce Clause: Louisiana expected to sue California over new law prohibiting importation and sale of alligator-skin products https://www.sacbee.com/news/politics-government/capitol-alert/article238282048.html Economic Freedom, 1A: Georgia woman sues state nursing board for threatening to fine her $500 for truthfully calling herself a midwife even though she doesn’t have extra nursing credentials https://www.theepochtimes.com/georgia-midwife-sues-for-right-to-call-herself-midwife_3174991.html Shame! “USC Students Can't Recite the Pledge of Allegiance” - you have no understanding of what enables you to be living such a great life. You’re taking an awful lot for granted. https://www.youtube.com/watch?v=4N9khPhQv8c&feature=youtu.be&fbclid=IwAR3VMlYIecO0i8DiaaBtWWqN-eHggf1SJe3O8dP_7uejN26cw_sfe0JbePI Kudos! To comedian Ronny Chieng, Malaysian immigrant making a Netflix show about the joys of living in America and how natives don’t appreciate many of the freedoms and privileges we have here https://www.upi.com/Entertainment_News/2019/12/17/Ronny-Chieng-destroys-America-with-a-front-handed-compliment/5811576523296/?ts_fn=1 Too bad we don't have the ‘28th Amendment’ requiring Congress critters to live under the same laws they impose on us. Repeal the Obamacare Congressional exemption now! https://www.politifact.com/facebook-fact-checks/statements/2019/dec/11/facebook-posts/viral-meme-makes-new-constitutional-amendment/ 2A: Virginia gun-quake leaves Dems quaking in their boots; they abandon plans to introduce assault weapons ban
https://freebeacon.com/issues/virginia-dems-cave-on-confiscation-as-2a-sanctuaries-expand/ 2A: Virginia sheriff threatens to deputize thousands of citizens to get around any gun-control measures the new Democrat legislature might pass https://www.theblaze.com/news/virginia-sheriff-deputize-thousands-of-citizens-to-get-around-gun-control 2A: West Virginia lawmaker introduces bill to hold gun-free zones legally liable for shooting injuries https://wvva.com/news/top-stories/2019/10/14/w-va-delegate-introduces-bill-to-hold-no-gun-zones-legally-liable-for-shooting-injuries/ 2A: use of ghost gun in teen shooting in California shows the futility of gun control: #WhackAMole https://www.yahoo.com/news/teen-used-ghost-gun-california-171408301.html 2A: What restrictions of free speech would you tolerate? - Extreme Risk Protective Order for free speech? One book a month? Banned books for dangerous individuals? Banning "assault magazines" with more than 10 pages? Got the point yet? https://www.facebook.com/therepublicanstandard/?__tn__=%2CdkCH-R-R&eid=ARC_ZLxluWTxMEN4tyO2MX-kwLYP4W7JuMmr6C1vI5GZf0XwohAvqPiJ2Ojj6E_qCASIcsQBa6HxlBDk&hc_ref=ARS3RkmI2KyQtiAMpMGKo4X2G1OUEp9ZMpiKEdT4OxZhtbhITwUa9pl3zWVhf0seX4o&fref=nf&hc_location=group Free Expression: Singapore slaps ‘fake news’ label on posts of government critic under rubric of combatting false information online. #CarefulWhatYouWishFor https://reason.com/2019/12/03/heres-what-happens-when-a-government-demands-a-fake-news-label-on-social-media/ 1A: Supreme Court agrees to hear challenge to Delaware law requiring political balance of the major parties on its courts; small parties object https://www.theepochtimes.com/supreme-court-to-consider-if-states-can-choose-judges-on-party-affiliation_3168612.html 1A: Minnesota woman files suit after being threatened with harassment prosecution for filming zoning violations at her neighborhood mosque https://www.americanfreedomlawcenter.org/press-release/civil-rights-lawsuit-filed-by-grandmother-threatened-with-prosecution-for-filming-mosque-violations/ 1A: religious freedom group appeals U.S. military’s decision to ban religious dog tags https://freebeacon.com/issues/first-amendment-group-appeals-military-ban-on-religious-dog-tags/ 1A: Christian school in Maryland contests exclusion from state school choice program because of its traditional beliefs on marriage despite no actual discrimination on basis of sexual orientation https://reason.com/2019/11/18/was-church-excluded-from-maryland-school-choice-program-because-of-problematic-views-on-marriage/ 1A Religion: judge cites Religious Freedom Restoration Act in acquitting activist who leaves water for illegal migrants in wilderness areas https://www.whio.com/news/local/religious-freedom-law-plays-key-role-migrant-aid-case/xugOKukjBdYqJzI8CgNyyN/ 4A: sister had no authority to consent to a search of her brother’s garbage bags inside her storage unit; evidence (fentanyl) excluded and conviction vacated (1st Circuit) http://media.ca1.uscourts.gov/pdf.opinions/18-1876P-01A.pdf 4A / Due Process: is it reasonable to toss personal items when taking down homeless encampments? 9th Circuit says a class action is not the way to find out. http://cdn.ca9.uscourts.gov/datastore/opinions/2019/11/29/18-35053.pdf 8A: Supreme Court upholds suspension of federal executions pending litigation in lower courts https://www.washingtontimes.com/news/2019/dec/8/supreme-court-refuses-allow-federal-executions-car/ Unenumerated Rights - protect through substantive due process or the Privileges or Immunities clause? https://www.youtube.com/watch?time_continue=1&v=rRuMGtH4JkU&feature=emb_logo note this in 9A doc to read 9A: Go from zero to sixty on the Ninth Amendment and unenumerated rights in one short article https://www.nationalreview.com/2019/11/constitution-ninth-amendment-protects-rights-not-listed-in-bill-of-rights/ 1A/Discrimination: deceptively named Equality / Fairness for All Act “expands government power to dictate how individual Americans should think, speak, and act”; free speech and conscience rights threatened in healthcare, public square, school sports, and elsewhere. https://www.washingtontimes.com/news/2019/dec/8/democrats-trying-to-thwart-constitution-with-equal/ 14A: Well, this had to happen eventually - lawsuit claims SAT and ACT college admission tests discriminate on the basis of race and wealth https://www.npr.org/2019/12/10/786257347/lawsuit-claims-sat-and-act-are-illegal-in-california-admissions Commerce Clause: federal judge affirms California’s right to dictate meat-production techniques to the other 49 states (‘comply with our rules or don’t sell here’) http://www.jeffersonpolicyjournal.com/agriculture-u-s-constitution-lose-in-california-court/ Kudos! to the U.S. Constitution Scholarship Foundation in Florida for holding free after-school classes on the Constitution to remedy the deficiencies in today’s STEM-heavy high school curriculum https://www.dailysignal.com/2019/12/06/these-founders-aim-to-improve-how-schools-teach-history-and-the-constitution/ Hamilton on impeachment (Federalist Papers #65) - “there will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.” Gun-Quake in Virginia! 20+ Locales Declare Second Amendment Sanctuaries (Constitution news round-up)12/5/2019
Gun-Quake in Virginia! - 23 locales declare Second Amendment sanctuaries after blue wave election; more expected
https://www.gunsamerica.com/digest/20-virginia-counties-2a-sanctuaries/ 2A: less to gun sanctuaries than meets the eye; symbolic resolutions that don’t have any teeth and won’t stop enforcement of state or federal gun laws https://mises.org/wire/second-amendment-sanctuaries-rhetoric-vs-reality 2A: “Olympic Venezuelan Shooter: Banning Guns Is the First Step of Socialism” https://www.youtube.com/watch?v=lviMNTTPHqo&feature=share Separation of Powers: Financially-interested refugee resettlement agencies sue Trump administration over executive order empowering locales to decline refugees; argue statute only provides for consultation https://wamu.org/story/19/11/26/trump-administration-sued-by-refugee-advocates-over-executive-order/ 1A: No, the n-word is not “obscenity”. Federal judge allows lawsuit by student barred from graduation ceremony for prior use of the word. https://reason.com/2019/11/19/barred-from-participating-in-public-high-school-graduation-for-using-nigger-in-a-tweet/ Free Expression: Merkel’s Muddle - ‘we have to curb free speech or society will no longer be free.’ Huh? Sure, and work is freedom - Sieg Heil! https://www.thegatewaypundit.com/2019/11/stunning-globalist-angela-merkel-to-german-parliament-we-have-to-take-away-your-freedom-of-speech-or-we-wont-be-free/ 4A: Fourth Circuit upholds conviction of sex trafficker whose electronic devices were seized and searched on re-entry through JFK airport; evidence fails ‘border search’ exception but come in under ‘good faith’ exception http://www.ca4.uscourts.gov/opinions/174109.P.pdf 5A Due Process: authorities did not interfere with terror suspect’s right to travel when they subjected him to advance screening, prolonged questioning, and multiple searches (5th Circuit) https://www.ca10.uscourts.gov/opinions/18/18-4078.pdf 5A Eminent Domain: legal foundation takes up case where police destroyed house in course of an arrest and denied property owner compensation https://reason.com/2019/12/04/institute-for-justice-takes-up-case-where-federal-court-ruled-government-owes-no-compensation-to-innocent-property-owner-whose-house-was-destroyed-by-police/ 10A: feds object to restrictions on ICE arrests at state courthouses https://www.washingtonexaminer.com/washington-secrets/justice-and-dhs-reject-state-restrictions-on-ice-arrests-at-state-courthouses 14A Equal Protection - second challenge filed to California’s gender quota law forcing companies to put women on their boards of directors https://www.theepochtimes.com/businessman-sues-california-over-sex-based-corporate-affirmative-action_3149003.html Discrimination: Texas arrangement to allow death row inmates access to state-employed spiritual advisors just prior to execution discriminates against Buddhists because the state doesn’t employ a Buddhist advisor (5th Circuit). http://www.ca5.uscourts.gov/opinions/pub/19/19-70020-CV0.pdf Electoral College: “California Dems Flood Colorado With Cash Ahead of National Popular Vote Referendum” https://freebeacon.com/politics/california-dems-flood-colorado-with-cash-ahead-of-national-popular-vote-referendum/ Antifederalists prescient in foreseeing runaway Supreme Court and unchecked expansion of federal power through innocuous language like the ‘general welfare’ and ‘necessary and proper’ clauses https://fee.org/articles/the-antifederalists-were-eerily-prophetic/ Panel discusses the 3 co-equal branches and separation of powers - executive privilege v. congressional oversight, and what should courts decide https://www.youtube.com/watch?v=yDHJfOCUNw4&feature=emb_logo Shame on Mayor Pete for joining the Reconquista! You’re running for President of these United States and you’re pandering to people who don’t want there to be a United States? Good grief! #NotMyPresident https://twitter.com/arthurschwartz/status/1201286673486766080 Kudos to Melania Trump for defending the right of Baltimore teens to boo her https://6abc.com/politics/melania-trump-booed-by-teens-at-baltimore-school/5721909/ Separation of Powers - federal judge Oregon blocks Trump administration rule requiring immigrants to show proof of health insurance before being allowed to enter the country; Congress did not delegate such power, judge rules
https://www.upi.com/Top_News/US/2019/11/27/Federal-judge-blocks-Trumps-insurance-mandate-for-immigrants/1871574838858/?ls=3 First Amendment issues likely to propel David Daleiden’s Planned Parenthood undercover sting video case to the Supreme Court https://thefederalist.com/2019/11/18/why-the-planned-parenthood-whistleblower-case-will-likely-hit-the-supreme-court/ 1A Conscience: “California Supreme Court: Catholics Must Insure Abortions on Demand Because They Are ‘Medically Necessary’” https://www.breitbart.com/politics/2019/11/21/california-supreme-court-catholics-must-insure-abortions-on-demand/ Equal Protection, etc. - Utah woman charged with lewdness for going topless in front of her children in her own home; husband “similarly clad” but not charged https://www.npr.org/2019/11/21/781703956/utah-woman-charged-with-lewdness-after-being-topless-in-her-own-home 1A: law professor’s video series on free speech continues with the rules pertaining to government property https://reason.com/2019/11/22/free-speech-and-government-property-episode-8-of-my-free-speech-rules-youtube-video-series/ Shame on the grandiose FBI employees who exchanged messages about how they had ‘never liked the Republic’ and had ‘initiated its destruction.’ Shame on you - the Republic gave you your salary - GIVE IT BACK! I’ll take the Republic over you juvenile impudent putzes any day. https://www.thegatewaypundit.com/2019/11/i-have-initiated-the-destruction-of-the-republic-breaking-exclusive-adulterous-attorney-kevin-clinesmith-after-first-carter-page-fisa-app-originated/ Kudos to everyone who made noise - “GVSU student government reinstates Pledge of Allegiance after backlash from students, parents, donors” https://www.mlive.com/news/grand-rapids/2019/11/gvsu-student-government-reinstates-pledge-of-allegiance-after-backlash-from-students-parents-donors.html 8A Cruel and Unusual - federal judge halts federal executions; DOJ had mandated certain lethal injection but federal statute requires feds follow state method
https://www.bbc.com/news/world-us-canada-50499770 1A: ACLU sues Trump administration for detaining and interrogating journalists at the southern border about caravans https://www.upi.com/Top_News/US/2019/11/21/ACLU-sues-Trump-administration-for-tracking-interrogating-journalists-at-border/7471574323111/?ts_=4 Separation of Powers: Supreme Court temporarily blocks release of Trump tax returns to Congress pending further argument https://www.upi.com/Top_News/US/2019/11/18/Supreme-Court-grants-Trump-stay-of-order-to-release-tax-returns/2701574103781/ Supremacy Clause - Trump asks Supreme Court in tax return case to recognize his “absolute immunity” from state prosecution and investigation while he is in office https://constitutioncenter.org/blog/trump-asks-justices-for-sweeping-legal-immunity Due Process, Equal Protection: federal judge rules no-fly list does not offend right to travel or constitute intentional discrimination against Muslims https://www.sltrib.com/news/2018/04/23/judge-dismisses-utah-muslim-leaders-lawsuit-ruling-that-the-inconvenience-of-being-on-government-terror-watchlist-is-not-a-violation-of-his-constitutional-rights/ 1A: third federal judge rules against Trump administration healthcare provider conscience protection rules https://www.lifenews.com/2019/11/20/judge-strikes-down-trump-pro-life-rule-protecting-doctors-from-being-forced-to-do-abortions-2/ Discrimination: affirmative action referendum goes down in flames in Washington state; would have allowed the use of minority status as a factor in public education and hiring https://freebeacon.com/issues/washington-state-defeats-affirmative-action-proposal/ 2A: another Virginia county joins stampede to set up gun sanctuary jurisdictions in preemptive strike against far-left Governor Northam and incoming Democratic majority https://www.godanriver.com/news/local/with-cheers-from-crowd-pittsylvania-county-supervisors-officially-back-gun/article_ee7fdd37-5776-57e9-a845-4c3d86af9a40.html 1A Religion: far-left Michigan Attorney General loses in court again in gay adoption case; court finds her hostile to religion https://www.detroitnews.com/story/news/local/michigan/2019/10/22/judge-denies-nessel-motion-stay-same-sex-adoption-case/2451559001/ Executive Power: William Barr speech says Democrat unrelenting resistance to legitimacy of Trump presidency undermines the rule of law; extols theory of ‘unitary executive’ whereby all executive power is invested in the President https://www.theepochtimes.com/barr-criticizes-incendiary-idea-of-resistance-defends-trumps-use-of-executive-power_3149044.html Impeachment Raising Constitutional Issues - Sixth Amendment right to counsel for the President? Secret ballot for Senate impeachment trial?
https://reason.com/2019/11/12/impeachment-and-the-sixth-amendment/ + https://reason.com/2019/11/12/dont-forget-the-one-fifth-clause/ 2A: Supreme Court turns away Remington’s appeal to block product liability suit arising from Sandy Hook massacre; further proceedings to turn on whether the gun maker marketed the product for assaults against humans https://www.npr.org/2019/11/12/778487920/supreme-court-allows-sandy-hook-families-case-against-remington-to-proceed 1A: just because the Janus decision says you can’t be forced to pay union dues doesn’t mean you get to claw back what you paid the union in the past; unions relied in good faith on legal precedent when they collected the fees (7th Circuit) https://reason.com/2019/11/07/mark-janus-doesnt-get-his-money-back/ 1A: state cannot require someone to register as a lobbyist to speak to legislators where “no one pays him and his activities do not involve spending money” (8th Circuit) https://ecf.ca8.uscourts.gov/opndir/19/11/172654P.pdf 1A: Kansas enters consent judgment agreeing that statute forbidding the advertising of raw milk violates free speech https://reason.com/2019/11/07/right-to-advertise-raw-milk/ 1A: Authoritarian Obama State Department official trashes free speech, calls for hate speech laws to prohibit burning the Quran. So, you can burn the flag but not the Quran - glad we got that settled. https://pjmedia.com/homeland-security/obama-state-department-official-calls-for-criminalization-of-burning-the-quran/ 1A: “If government is the arbiter of what is acceptable speech, you are on the road to a dystopian nightmare.” https://fee.org/articles/without-free-speech-all-speech-becomes-government-speech/ 2A: AR-15 perfect for women for home defense, female gun owners say https://freebeacon.com/issues/female-gun-owners-we-prefer-the-ar-15/
https://www.foxnews.com/us/permitless-gun-carry-oklahoma 4A: federal judge rules indiscriminate search and seizure of smartphones and laptops of travelers at U.S. borders violates Fourth Amendment https://www.upi.com/Top_News/US/2019/11/13/Judge-rules-against-indiscriminate-searches-of-smartphones-laptops/1711573628714/?ls=3 4A: no expectation of privacy in unauthorized use of neighbor’s home network; child pornography conviction stands http://cdn.ca9.uscourts.gov/datastore/opinions/2019/11/04/17-10354.pdf Electoral College: ‘Save Our States’ group building support for the electoral college https://www.dailysignal.com/2019/11/13/save-our-states-is-fighting-to-keep-the-electoral-college-alive/ Electoral College: “‘Popular Vote’ Movement Would Shift Power to Big Cities, Experts Warn” https://www.dailysignal.com/2019/11/08/popular-vote-movement-would-shift-power-to-big-cities-experts-warn/ ‘A’ for Effort - man dies, is revived, claims he has served his life sentence https://www.sbs.com.au/news/us-judges-reject-prisoner-s-claim-that-he-completed-life-sentence-when-he-briefly-died 1A: seventh in video series explains free speech rights at college
https://reason.com/2019/11/04/free-speech-at-college-episode-of-my-free-speech-rules-youtube-video-series/ 5A: Takings Clause does not apply to the destruction of a house in a police operation (10th Circuit) https://reason.com/2019/10/31/federal-court-rules-there-is-no-taking-if-the-police-destroy-an-innocent-persons-house-during-a-law-enforcement-operation/ Spending Clause: federal judge in NY strikes down Trump healthcare conscience rights rule https://www.thegatewaypundit.com/2019/11/obama-appointed-judge-blocks-trumps-conscience-rights-that-allow-doctors-to-refuse-to-perform-abortions/ 5A, Equal Protection: federal judge temporarily blocks immigrant health insurance rule as affront to Due Process and evincing ‘national-origin bias’ https://www.bbc.com/news/world-us-canada-50278527 + https://thehill.com/policy/healthcare/468205-lawsuit-challenges-white-house-policy-requiring-migrant-health-insurance 10A: Trump administration loses another sanctuary city case for attempting to impose new conditions on federal grant money https://reason.com/2019/11/01/trump-administration-loses-a-sanctuary-city-case-yet-again/ 5A Due Process: Supreme Court mulling whether lawful permanent residents can be deported for criminal acts https://www.theepochtimes.com/supreme-court-considers-whether-criminal-lawful-permanent-resident-can-avoid-deportation_3137172.html 2A: Hundreds of Second Amendment gun rights advocates rally on Capitol Hill https://www.oann.com/activists-hold-second-amendment-rally-in-washington-d-c/ State Constitutions: Pennsylvania judge throws out Pittsburgh gun control ordinances because state law preempts local measures https://freebeacon.com/issues/pa-judge-throws-out-pittsburgh-gun-control-measures/ 1A: U of Michigan concedes defeat, disbands speech police https://www.wsj.com/articles/adios-bias-response-team-11572475729 1A: Laura Loomer free speech case against Apple, Google, Facebook, and Twitter to go to trial https://loomered.com/laura-loomer-wins-appeal-will-face-google-twitter-facebook-and-apple-in-dc-circuit-court-of-appeals-over-censorship/ 1A: ‘outdated’ First Amendment under attack; push is on for hate speech laws https://www.washingtontimes.com/news/2019/oct/31/first-amendment-outdated-should-be-rewritten-major/ + https://www.washingtontimes.com/news/2019/oct/31/first-amendment-outdated-should-be-rewritten-major/ + https://www.dailysignal.com/2019/10/31/former-time-magazine-editor-is-wrong-america-doesnt-need-hate-speech-laws/ + http://www.liberato.us/killing-the-political-right.html 2A: “Debunking the Myth of ‘Concealed-Carry Killers’” https://www.dailysignal.com/2019/11/04/debunking-the-myth-of-concealed-carry-killers/ 2A: Pregnant woman in Florida uses AR-15 to fend off two home intruders who were attacking her husband and daughter https://www.dailymail.co.uk/news/article-7647139/Heavily-pregnant-mother-uses-AR-15-kill-home-intruder-two-men-burst-Florida-home.html 2A: Quiet - Gun Grabbers at Work! Florida police use pawnshop data to create illegal gun owners’ list https://dcdirtylaundry.com/florida-police-caught-creating-illegal-lists-for-tracking-gun-owners/ 2A: Active shooter drills train future school shooters how to increase casualties; data suggests other ways to mitigate school shooting problem https://www.edweek.org/ew/articles/2019/10/09/what-school-shooters-have-in-common.html 4A: search and seizure issue not reached in case where court approved an executive branch team to review privileged attorney-client documents seized from law firm http://www.ca4.uscourts.gov/opinions/191730.P.pdf 4A: court ruling may open up consumer DNA sites to law enforcement https://www.nytimes.com/2019/11/05/business/dna-database-search-warrant.html 8A: Indiana Supreme Court reins in civil asset forfeiture under Excessive Fines clause https://ij.org/press-release/with-indiana-supreme-court-ruling-tyson-timbs-is-one-step-closer-to-getting-his-car-back/ 8A: article discusses reforms to civil asset forfeiture including the restoration of the presumption of innocence, channeling seized monies to general fund, outright abolition, etc. https://www.heritage.org/insider/summer-2019-insider/the-police-can-take-your-stuff-the-civil-forfeiture-reforms-we-still Copyright: Supreme Court hears case testing whether copyright holders can sue states for infringement or state immunity bars such claims https://www.theepochtimes.com/state-defends-its-video-piracy-in-pirate-ship-case_3138242.html Symposium finds Constitution under threat from the administrative state and the Left’s assault on civil liberties https://www.heritage.org/the-constitution/report/the-2019-bradley-symposium-the-state-the-constitution Holocaust restitution experience shows slavery reparations would be difficult and divisive to enact https://www.politico.com/magazine/story/2019/10/27/slavery-reparations-holocaust-restitution-negotiations-229881 New documentary - “Clarence Thomas in His Own Words” in theaters next February http://www.liberato.us/constitution-minute.html + http://www.justicethomasmovie.com/#trailer Defending the Constitution - build a fortress around the American Idea! (new video from Potomac Tea Party)
https://www.potomacteaparty.com/videos.html Killing the Political Right - CCGN Pushes Back on “Free Speech is Killing Us” Article http://www.liberato.us/pushback-network.html Supremacy Clause: Trump administration asks Supreme Court to strike California law barring cooperation with federal immigration officials https://dailycaller.com/2019/10/28/california-sanctuary-law-scotus/ 4A: FISA court rules FBI accessed NSA data to systematically spy on Americans without any suspicion of illegal activity https://www.cpomagazine.com/data-privacy/fisa-court-ruled-that-fbi-improperly-used-nsa-surveillance-data-to-snoop-on-americans/ 14A Fundamental Rights: federal judge temporarily blocks near-total Alabama abortion ban https://www.cnn.com/2019/10/29/politics/alabama-abortion-ban-blocked/index.html 8A: state judge strikes down South Carolina civil asset forfeiture law https://www.forbes.com/sites/nicksibilla/2019/10/22/south-carolina-judge-declares--civil-forfeiture-unconstitutional/ 5A,8A,Taxing Power: CRS report flags constitutional problems with Pelosi drug pricing plan https://www.statnews.com/2019/10/25/report-pelosi-drug-pricing-bill-unconstitutional/ 1A: Why the golden age of free speech jurisprudence may not last: “51 percent of Millennials want fines or jail time for 'hate speech'” https://freebeacon.com/issues/poll-majority-of-americans-want-first-amendment-rewritten/ 1A: judge greenlights Rep. Devin Nunes suit against Twitter https://www.thegatewaypundit.com/2019/10/judge-approves-devin-nuness-lawsuit-against-twitter-opens-door-for-thousands-of-conservatives-mistreated-by-social-media-giants/ Free Expression: EU court decision purports to ban social media criticism of European politicians worldwide https://www.thenewamerican.com/world-news/europe/item/33630-eu-court-big-tech-must-censor-critics-of-politicians-worldwide 1A Religion: Supreme Court turns away appeal by Christian student forced to say Islamic prayer in government school https://www.wnd.com/2019/10/supremes-no-problem-teacher-forcing-christian-student-voice-islamic-prayer/ 1A Religion: University of Iowa officials must pay attorney’s fees out of their own pockets after kicking religious groups off campus for not having leaders from another faith https://www.dailysignal.com/2019/10/15/after-getting-kicked-off-campus-this-christian-group-got-justice/ 2A: ICYMI - “Venezuelans regret gun ban, 'a declaration of war against an unarmed population'” https://www.foxnews.com/world/venezuelans-regret-gun-prohibition-we-could-have-defended-ourselves 2A: ACLU calls new California gun control laws a significant threat to civil liberties https://www.oann.com/california-passes-broad-series-of-gun-seizure-laws/ 4A: federal judge in Tennessee rules surveillance cameras placed in open fields are allowed without a warrant because there is no expectation of privacy (4A property rights rationale not discussed) https://www.courthousenews.com/wp-content/uploads/2019/10/treecamera.pdf 6A: you have the right to defend yourself at trial but, if you do a really bad job, don’t complain about it later (6th Circuit) http://www.opn.ca6.uscourts.gov/opinions.pdf/19a0251p-06.pdf Habeas Corpus: reference to “Thou shalt not kill” commandment tainted jury verdict in sentencing phase of death penalty case http://www.ca4.uscourts.gov/opinions/185.P.pdf Administrative State: critics wrangling over means agency use when real problem is agencies are now unconstrained when it comes to pursuing unlegislated ends (Richard Epstein) https://www.theatlantic.com/ideas/archive/2019/10/how-bad-constitutional-law-leads-bad-regulations/600280/ Administrative State: Trump orders curtail agency use of guidance documents (no more ‘secret law’) https://www.dailysignal.com/2019/10/15/how-trumps-new-executive-orders-protect-the-public-against-the-administrative-state/ Freedom of the Press - today’s media is a threat to the country, but “the First Amendment was meant to protect speech, not industries.” https://www.frontpagemag.com/fpm/2019/10/media-threat-america-daniel-greenfield/ “Clarence Thomas and the Lost Constitution” https://imprimis.hillsdale.edu/clarence-thomas-lost-constitution/ “‘Social justice’ degrades our constitutional rights” - property rights, presumption of innocence, etc. are in jeopardy https://www.themainewire.com/2019/10/social-justice-degrades-our-constitutional-rights/ Shame! NBA star LeBron James denounces free speech in China controversy https://www.breitbart.com/sports/2019/10/14/lebron-caves-to-china-blasts-uneducated-rockets-gm-free-speech/ Kudos! Former NBA star Shaquille O'Neal stands up for free speech https://freebeacon.com/politics/shaq-defends-american-values-stands-up-for-free-speech/ Sales of U.S. Constitution up 60% in Trump era https://www.washingtonexaminer.com/washington-secrets/trump-makes-constitution-cool-again-credited-for-record-60-sales-spike |