Dozens of constitutional scholars tell Congress it has power to make D.C. a state: The experts are vouching for the constitutionality of D.C. statehood and pushing back against criticisms that stand in its way nbcnews.com/politics/cong…
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📅︎ May 25 2021
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Dozens of constitutional scholars tell Congress it has power to make D.C. a state: The experts are vouching for the constitutionality of D.C. statehood and pushing back against criticisms that stand in its way nbcnews.com/politics/cong…
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What is the constitutionality of the bill, recently passed by the Arkansas legislature, restricting access to gender-affirming medical care for transgender youth?

On March 29th, Arkansas passed, by a vote of 28-7, HB1570 (PDF of bill text) (also known as the "SAFE" Act), which primarily prohibits "gender transition procedures" for minors, defined in the bill like so:

>"Gender transition procedures" means any medical or surgical service, including without limitation physician's services, inpatient and outpatient hospital services, or prescribed drugs related to gender transition that seeks to:
>
>(i) Alter or remove physical or anatomical characteristics or features that are typical for the individual’s biological sex; or
>
>(ii) Instill or create physiological or anatomical characteristics that resemble a sex different from the individual’s biological sex, including without limitation medical services that provide puberty-blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features in the opposite biological sex, or genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition.

There is contention between proponents of the bill (such as Republican lawmakers), who claim such practices to be problematic, and medical organizations (among other groups) who recommend such treatments be accessible to trans youth (source):

>During Monday’s Senate vote, one of the bill’s Republican sponsors, state Sen. Alan Clark, described gender-affirming treatments as “at best experimental and at worst a serious threat to a child’s welfare.” He argued the bill would “protect children from making mistakes that they will have a very difficult time coming back from.”
>
>“I know that their parents are looking for any kind of answer, and my heart truly goes out to them,” he said. “But this is certainly not the answer.”
>
>But major medical organizations including the American Academy of Pediatrics and [the Endocrine Society](htt

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👤︎ u/dacheatbot
📅︎ Mar 31 2021
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The CA9 has revealed the panel to decide the constitutionality of California’s ban on firearm purchases adults over the age of 18 but under the age of 21: Ryan Nelson, Kenneth Lee, and Sidney Stein (sitting by designation) ; details inside.

Hello Folks,

With the term winding down, what better way to fill in the gaps than about upcoming lower court appeals/trials?

What better way than this case that came across my twitter timeline.

Matthew Jones v. Xavier Becerra

An appeal from the denial of a preliminary injunction in an action alleging that California Penal Code section 27510, as amended by SB 1100 and SB 61, violates the Second Amendment rights of 18 to 20 year-olds. [3:19-cv-01226-L-AHG]

The panel took an an unusal step of asking for additional answers to these questions:

  1. What is the original public meaning of the Second Amendment phrases: “A well regulated Militia”; “the right of the people”; and “shall not be infringed”?

  2. How does the tool of corpus linguistics help inform the determination of the original public meaning of those Second Amendment phrases?

  3. How do the data yielded from corpus linguistics assist in the interpretation of the constitutionality of age-based restrictions under the Second Amendment?

The Panel:

  • Ryan Nelson

  • Appointed By: Donald Trump

  • Dissented from denial in Young v. Hawaii

  • Kenneth Lee

  • Appointed By: Donald Trump

  • Wrote the opinion in Duncan holding LCM bans are unconstitutional.

  • Did NOT join any dissenting from denials in Young v. Hawaii

  • Sidney Stein (SDNY, sitting by designation)

  • Appointed by: Bill Clinton

  • No second amendment opinions from my quick search

Notes:

  • This argument will be live streamed on Youtube on May 12 at 9AM PST

  • The district court found the following:

  • Opted for intermediate scrutiny over strict scrutiny BECAUSE " [the law] does not categorically ban the possession of arms used for self-defense."

  • The judge used the ill fated Heller quote to deny the injunction: “However, the Court noted that this right is "not unlimited"

  • The CA5 upheld a similar scheme in 2012 and en banc review was denied.

On an unrelated note, check out this passage from the panel that might impact the

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📅︎ May 03 2021
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199 legal experts say Senate must not acquit Trump over constitutionality issue washingtonpost.com/politi…
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👤︎ u/News2016
📅︎ Feb 12 2021
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May/7/2021: (1) Armenia's renewable energy sector to liberalize w/independent sellers. $1.1B investments. Solar & wind (2) Main electoral reforms pass: mandatory debates, passing threshold, transparency (3) Constitutionality of Martial Law (4) VOMA (5) Housing projects (6) Political drama (7) +++

Your 18-minute Friday report in 4539 words.

##round 2: Parliament approves main electoral code reforms

In addition to the earlier reforms that replaced Rating system with Proportional, the Parliament discussed the main parts of the reform.

At least 4 public debates with 90 minutes each will be mandatory, with at least one of them being held between frontrunners. "We held the first pre-election public debate in 2018 on H1 TV. The amendment will make it mandatory," said an MP.

Another amendment is about campaign finance transparency relating to foundation money.

Individual parties will need to win 4% instead of 5% to enter Parliament. Requirement for coalitions becomes stricter with a point increase to 8% for 3 parties, and 10% for 4 parties.

Citizens in foreign countries still cannot vote but "hopefully it will be addressed later," said an MP.

Parties will have to deposit ֏7.5m instead of the current ֏10m to participate in elections.

Reform will ensure the size of Parliament does not expand. The Constitution mandates at least 101 seats plus 4 for ethnic minorities. The likelihood of more seats being added reduces.

The party that won the most votes will attempt to form a coalition first. Within 2 weeks they will try to join with other parties in the way to have at least 52% of MPs. If they fail, the smaller parties will have a week to form a coalition with 52% MP.

Opposition LHK MP complained that the ruling party did not discuss the final version of the bill before holding a vote. Ruling MP responded, "you and I spoke about this behind closed doors; the changes were technicalities." Another opposition MP Babajanyan said their party participated in the discussions and they support the reforms.

Bipartisan groups, including opposition and ruling parties, took part in discussions for these reforms that began years earlier. Several amendments were made since then.

Parliament voted 82-0 to approve the bill.

[Unless I misunderstood, these changes will be impossible to implement before upcoming snap elections because of lack of time.]

https://www.armtimes.com/hy/article/213249 https://armenpress.am/arm/news/1051523.html https://armenpress.am/arm/news/1051525.html https://armenpress.am/arm/news/1051526.html https://armenpress.am/arm/news/1051527.html https://armenpress.am/arm/news/1051528.html https://armenpress.am/arm/news/1051530.html https://factor.am/367918.html https://youtu.be/tV1lmUXAtSE https://www.armtimes.com/hy/article/213201 https://arme

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📅︎ May 07 2021
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New Congressional Research Service report casts doubt over the constitutionality of "court-packing" crsreports.congress.gov/p…
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📅︎ Apr 12 2021
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Illinois Supreme Court Weighs Constitutionality Of Cook County Tax On Guns And Ammo nprillinois.org/post/illi…
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📅︎ May 17 2021
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Idaho Freedom Foundation loses court case challenging constitutionality of Boise urban renewal districts. idahopress.com/news/local…
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📅︎ Mar 25 2021
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Marijuana Appeal: Justices Deliberate Will Of Voters, Constitutionality Of Amendment A sdpb.org/blogs/politics-p…
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📅︎ Apr 28 2021
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Jehovah’s Witnesses challenge constitutionality of B.C. privacy law vancouversun.com/news/loc…
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📅︎ Apr 22 2021
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Very interesting piece about why the founders did not intend for firearms to be federally regulated. There are some very good backup points here for when arguing constitutionality of 2A. Unfortunately you all know we get into those 🙄. Enjoy

The Hill: According to the Founders, all federal gun restrictions are unconstitutional | TheHill. https://thehill.com/opinion/civil-rights/545847-according-to-the-founders-all-federal-gun-restrictions-are

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📅︎ Apr 02 2021
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Constitutionality of multi-member Congressional districts (given racial implications)?

I have been studying SCOTUS cases regarding districting relative to racial discrimination. I am a non-layer (and non-scholar)... and struggling to wrap my head around what the court is saying in the many decisions that have spawned from Thornburg v. Gingles. Below is the core question I am trying to answer for myself, if anyone out there is an expert in this stuff, I would love to get some guidance…

Since admission to the US in the 1817, Mississippi’s Black population has ranged between ~35-60%, presently at ~40%. Including Senators, the state’s post-civil war Congressional delegation has had 6-10 members, presently at 6. Excepting Reconstruction, the state has never had more than one Black member of Congress, having first elected a single Black Representative in 1987.

Meanwhile 2 U.S. Code § 2c. dictates that states must have “a number of [Congressional] districts equal to the number of Representatives” and that “no district [may] elect more than one Representative.”

I speculate that should (a) Congress remove that law and (b) Mississippi started electing its Representatives “at large” in a single multi-member district (the entire state) then (c) the state would no longer have any Black members of Congress. To wit: If the state elected its Representatives as they do their Senators, the entire delegation would look like the state’s Senators - e.g. all white men.

Question: In this hypothetical would SCOTUS rule Mississippi’s use of “at large” unconstitutional? If so on what basis (Equal Protection or VRA, or both/neither)?

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📅︎ Apr 18 2021
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This is disgusting: "“Any reconsideration of the constitutionality of the male-only registration requirement … would be premature at this time”
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The CA5 issues a mammoth 325 en banc opinion on the constitutionality of the Indian Child Welfare Act that is so badly fractured that there is a seven-page per curiam opinion to explain the votes. ca5.uscourts.gov/opinions…
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📅︎ Apr 07 2021
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Jehovah's Witnesses challenge constitutionality of B.C. privacy law

Vancouver Sun:

"A charity representing the Jehovah’s Witnesses claims that a B.C. privacy law violates religious freedoms and is seeking to have the legislation struck down as unconstitutional. The Watch Tower Bible and Tract Society of Canada, a charity that represents the Jehovah’s Witnesses Christian denomination in Canada, filed a lawsuit in B.C. Supreme Court after two former congregants lodged complaints with the Office of the Information and Privacy Commissioner for British Columbia. The former congregants, one in Grand Forks and one in Coldstream, had repudiated the Jehovah’s Witnesses and had contacted the privacy commissioner after the congregations in the small communities had denied them access to personal information. When they had withdrawn as Jehovah’s Witnesses, the congregations had set up committees of three elders to provide the former congregants with any possible spiritual assistance and otherwise confirm their decisions to repudiate. The committees each created a “confidential religious summary” of the matters and securely stored them in the local Kingdom Hall used by the congregations. The congregations refused to release the documents to the former congregants. In the case of one former congregant, the privacy commissioner appointed an investigator and in January a decision was made to proceed to an inquiry, although the inquiry has not yet commenced. In the other case, an investigator has not yet been appointed, but a lawyer for the charity said in an interview Tuesday that there should be no inquiries in either case. “Our position is we shouldn’t go there,” said Jayden MacEwan. “This is really the government interfering with religious practice." #jworg #jw https://www.cultnews101.com/2021/04/jehovahs-witnesses-challenge.html

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📅︎ Apr 22 2021
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Ohio sues the federal government; challenging the constitutionality of American Rescue Plan Act drive.google.com/file/d/1…
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📅︎ Mar 17 2021
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Louisiana GOP Rebukes Cassidy For Reversal Vote On Constitutionality Of Trump’s Impeachment talkingpointsmemo.com/new…
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👤︎ u/jonfla
📅︎ Feb 10 2021
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CMV: Setting arguments about constitutionality aside. The US House of Representatives (and the Canada House of Commons) should adopt some form of proportional representation to elect their members.

To start off, I believe that an elected body should try to accurately reflect the wishes of voters as a whole. In the last Canadian election the Conservative party, despite winning a plurality of votes, won 30 fewer seats in the house of common than the Liberals, who formed a minority government. While I support the Liberals, I think this result was unfair.

The US is arguably in an even worse position, as FPTP has choked out all third parties and has arguably made domestic politics extremely partisan, with large back and forths in politics depending on who wins elections and voters being forced to pick the lesser of two evils.

While some may argue that Proportional-representation parliaments can be too diverse and indecisive, I believe that this can be curbed and should be welcomed to some extent. PR can lead to a consensus of opinion and the representation of several different political philosophies.

Assume that I can press a button to instantaneously implement proportional representation. This system can be any form of PR. You don't need to cover both Canada and the US in your response, one is fine.

EDIT: I made it sound like the Conservatives won far less seats than they were entitled to in the latest Canadian election. That's untrue, their result was almost proportional. It was in fact the Liberals who won about a far greater proportion of the seats compared to their proportion of the popular vote. Edited to reflect that.

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How would new GA election reform law get to SCOTUS for determination of constitutionality?

Georgia just passed a new election reform law which, some would argue, violates equal voting rights that are Constitutionally guaranteed.

So, let’s say some party wants to mount a challenge to the law’s Constitutionality. Does this require that a party or person shows injury because of the law (ie they were not allowed to vote, etc) or can a challenge be mounted now to prevent potential future injury?

I also assume that this would have to be ruled on by the GA Supreme Court, then District Court, and then only then could SCOTUS step in. Am I correct here?

Thank you.

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📅︎ Mar 26 2021
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This is disgusting: "“Any reconsideration of the constitutionality of the male-only registration requirement … would be premature at this time” /r/ProMaleCollective/comm…
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📅︎ Apr 19 2021
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Arturo Zaldívar sí debía excusarse del debate de constitucionalidad para su reelección: Colegio de Abogados / Arturo Zaldívar did have to excuse himself from the constitutionality debate for his re-election: Bar Association heraldodemexico.com.mx/na…
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📅︎ Apr 26 2021
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Florida GOP bill targeting “Big Tech” social media moves forward despite constitutionality concerns orlandosentinel.com/polit…
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👤︎ u/Morihando
📅︎ Mar 16 2021
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LA GOP rebukes Cassidy for constitutionality vote thehill.com/homenews/stat…
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📰︎ r/Acadiana
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📅︎ Feb 10 2021
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Constitutionality of virtual Electoral College meetings

Due to Covid, according to CNN, there will be a new wrinkle in the Electoral College meetings tomorrow: "Three states -- Colorado, Nevada and Utah are holding virtual meetings by video conference." If this is true[1], then what are the chances Team Trump will contest at least the Colorado and Nevada virtual meetings and their 15 electoral votes[2]?

The 12th Amendment requires: "The Electors shall meet in their respective states and vote by ballot for President and Vice-President..." I assume all the virtual meeting electors will be within their respective states, but can the virtual meetings and virtual ballots be challenged? The amendment was passed in 1803, so would originalist justices have a problem with this?

3 U.S. Code § 9 requires: "The electors shall make and sign six certificates of all the votes given by them..." Will the courts accept digital signatures or other forms of verification? That statute was approved in 1948, so more originalist issues?

Nevada's state laws are vague on the meeting place, but Colorado's designate it to be in the governor's office and Utah's designate the lieutenant governor's office. I assume a court or executive officer has authorized the virtual meetings, but 3 U.S. Code § 7 says these electors shall meet "at such place in each State as the legislature of such State shall direct."

So, similar to the U.S. Constitution's Article II, Section 1, Clause 2's assigning powers to states' legislatures, does 3 U.S. Code § 7 give SCOTUS the opportunity to revisit the Independent Legislature Doctrine? Must the meeting places be designated only by the legislatures? Or can the legislatures delegate this power to executive and/or judicial branch officials? Did the legislatures make such delegations? I assume there would be a laches issue, at least if the lawsuit is filed after 14 Dec. How much influence will stare decisis have if a ruling on the merits occurs?

-------------------------

[1] A recent Denver Post [article](https://www.den

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📅︎ Dec 13 2020
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5 law professors who co-signed Elizabeth Warren's wealth-tax bill explain why they support its constitutionality businessinsider.com/is-el…
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👤︎ u/Wong_John
📅︎ Mar 06 2021
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Lawsuit challenges Alaska ballot measure constitutionality newsbreak.com/news/211737…
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📅︎ Dec 31 2020
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Congressional Research Center casts doubt over the constitutionality of court packing crsreports.congress.gov/p…
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📰︎ r/Republican
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📅︎ Apr 09 2021
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A three-judge panel of the U.S. Court of Appeals for the 4th Circuit has upheld the constitutionality of an FBI watch list of more than 1 million “known or suspected terrorists,” saying it falls under the government’s power to guard its borders washingtonpost.com/local/…
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📰︎ r/law
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📅︎ Mar 31 2021
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