Keeping Up With The Supreme Court Spring 2022
Class 6 - June 13, 2022
Please send suggestions for topics for next semester to
lharpaz@lharpaz.com
Class 5 - June 6. 2022
Struck
v. Sec'y of Defense - Opinion by 9th Circuit Court of Appeals
Class 4 - May 23, 2022
Text of First Amendment:
Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or abridging
the freedom of speech, or of the press, or the right of
the people peaceably to assemble, and to petition the
Government for a redress of grievances.
Camp
Constitution Flag
Hearings
Before the Senate Judiciary Committee on the Nomination of
Ruth Bader Ginsburg to be an Associate Justice of the U.S.
Supreme Court (discussion of the Struck case is on pages
205-07)
The Leak
The Court is leaking like a sieve,
Something that is hard to forgive.
Their secrets no longer concealed,
Alito’s draft has been revealed.
Justices suspect each other,
No longer respect “My Brother.”
What will be made public next time,
Whose folly or foible or crime?
Tension can be cut with a knife,
Do they still want this job for life?
Class 3 - May 16, 2022
14th
Amendment
Section 1.
All
persons born or naturalized in the United
States, and subject to the jurisdiction
thereof, are citizens of the United States and
of the state wherein they reside. No
state shall make or
enforce any law which shall abridge the
privileges or immunities of citizens of the
United States; nor shall any state deprive any
person of life, liberty, or property,
without due process of law; nor deny
to any person within its jurisdiction
the equal protection of the laws. . .
.
Art. VI, Cl 1, Supremacy Clause:
This Constitution, and the laws of the
United States which shall be made in
pursuance thereof; and all
treaties made, or which shall be made, under
the authority of the United States,
shall be the supreme law of the land;
and the judges in every state shall be
bound thereby, anything in the
Constitution or laws of any State to
the contrary notwithstanding.
Class 2 - May 9, 2022
Original Politico Story About Leak - https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473
Draft Opinion - https://www.documentcloud.org/documents/21835435-scotus-initial-draft#document/p24/a2102416
Class 1 - May 2, 2022
14th
Amendment
Section 1.
All persons born or
naturalized in the United States, and subject
to the jurisdiction thereof, are citizens of
the United States and of the state wherein
they reside. No state shall make or enforce any
law which shall abridge the privileges or
immunities of citizens of the United States;
nor shall any state deprive any
person of life, liberty, or property,
without due process of law; nor deny to
any person within its jurisdiction the
equal protection of the laws. . . .
Section 5.
The Congress shall have power to enforce,
by appropriate legislation, the provisions
of this article.
B. RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS
ACT of 2000 (RLUIPA)
§ 2000cc-1. Protection of religious exercise of
institutionalized persons
(a) General rule. No government shall impose a
substantial burden on the religious exercise of a
person residing in or confined to an institution,
as defined in section 2 of the Civil Rights of
Institutionalized Persons Act even if the burden results
from a rule of general applicability, unless the
government demonstrates that imposition of the burden
on that person--
(1) is in furtherance of a compelling
governmental interest; and
(2) is the least restrictive means of furthering
that compelling governmental interest.
(b) Scope of application. This section applies in
any case in which--
(1) the substantial burden is imposed in a
program or activity that receives Federal
financial assistance; or
(2) the substantial burden affects, or removal of that
substantial burden would affect,
commerce with foreign nations, among the several States,
or with Indian tribes.
§ 2000cc-2. Judicial relief
(a) Cause of action. A person may assert a violation of
this Act as a claim or defense in a judicial proceeding
and obtain appropriate relief against a government. . .
.
(b) Burden of persuasion. If a plaintiff produces prima
facie evidence to support a claim alleging a violation
of the Free Exercise Clause or a violation of section 2
[42 U.S.C. § 2000cc], the government shall bear the
burden of persuasion on any element of the claim,
except that the plaintiff shall bear the burden of
persuasion on whether the law . . . that is challenged
by the claim substantially burdens the plaintiff's
exercise of religion.
Article I, Sec. 4:
“The Times, Places and Manner of holding
Elections for . . . Representatives, shall
be prescribed in each State by the
Legislature thereof; but the Congress may
at any time by Law make or alter such
Regulations.”