#conlaw — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #conlaw, aggregated by home.social.
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Excerpt: “This Court has all it needs to conclude that Defendants have trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees,” U.S. District Judge Richard Leon wrote. “After all, as Bob Dylan famously said, 'You don’t need a weatherman to know which way the wind blows.' To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!”
“Rather than trying to shrink the First Amendment liberties of retired service members, Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise that retired service members have brought to public discussions and debate on military matters in our Nation over the past 250 years,” Leon, a George W. Bush appointee, wrote. “If so, they will more fully appreciate why the Founding Fathers made free speech the first Amendment in the Bill of Rights!"
He added, "Hopefully this injunction will in some small way help bring about a course correction in the Defense Department’s approach to these issues.”
#FirstAmendment #MilitaryLaw #ConLaw #ConstitutionalLaw #MarkKelly #IllegalOrders
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This is not good news, as it upsets the very delicate balancing act set by our society in permitting religious organizations to have special benefits, in exchange for following a few very basic rules.
It also opens up another huge problem - as it stands now, this new policy will only apply to "churches" ( a term of art which refers to most, but not all, religious communities) and not all non-profits, which to me is an obvious #FirstAmendment #EstablishmentClause violation.
For my friends in the progressive religious world - my recommendation would be to be cautious and to wait until these polices are finally in place before changing one's current policies, because I think it is fair to say that we can count on biased decisions when it comes to prosecutorial discretion on these cases.
I also think there is a serious question to be asked as to whether it is ethically appropriate for religious communities to be involved in this kind of politics, even if it may soon be legal.
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In light of this legal ruling, I hope every #Mennonite and #Quaker family with kids in public schools objects to compulsory patriotic indoctorination.
I also recommend that families with objections to #heteronormativity raise their objections, on religious grounds.
Why not? It's only fair.
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For friends in #NYC - my interview on the Clearing the Fog radio show about the issues of illegal orders (as it relates to US #Military deployments to #LosAngeles and the #border deployments) will be airing on WBAI 99.5 FM New York starting at 6 pm eastern.
Or you can hear it in podcast form at: https://popularresistance.org/us-military-members-have-the-right-to-refuse-illegal-orders/
(FYI - my interview starts around 17 minutes into the program)
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https://99percentinvisible.org/episode/631-return-of-con-law/ For those like me who are concerned about the status of #ConLaw and what #USPolitics is doing in this troubling new authoritarian era, this is wonderful news. Though ironically I found a lot of this more disturbing than I expected. #podcast #WhatTrumpCanTeachUsAboutConLaw #99pi #RomanMars
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https://99percentinvisible.org/episode/631-return-of-con-law/ For those like me who are concerned about the status of #ConLaw and what #USPolitics is doing in this troubling new authoritarian era, this is wonderful news. Though ironically I found a lot of this more disturbing than I expected. #podcast #WhatTrumpCanTeachUsAboutConLaw #99pi #RomanMars
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In Idaho, moral panics over partial nudity, and suggestively designed toys, is an emergency.
https://www.loweringthebar.net/2025/06/idaho-passes-emergency-truck-nuts-legislation.html
I think the word emergency has lost all meaning.
If elected, I shall declare a national emergency about the overuse of emergencies. -
Trump claims he doesn't know if he has an obligation to "uphold the Constitution" despite the fact that he swore an oath to do this very thing in January.
Here's the text of his oath: "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
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The Oklahoman newspaper had two powerful op-eds by local religious leaders that attacked the Oklahoma House's "Christ is King" resolution.
I'm hoping you will read them both (links below), but I wanted to highlight a few excepts from each of them.
Excerpt #1 From Rabbi Vered Harris (my rabbi at Temple B'nai Israel of OKC):
As non-Christian clergy, I regularly meet former Christians with painful stories about Christian church upbringings that nearly destroyed them. I know very few Jewish people who have not been told that we will burn in hell because we are not Christian.I have been dismissed by at least two Oklahoma Christian preachers because my six years of graduate school studying Bible and religion are not "faithful" — in other words: Understanding God is as simple as reading their version of the Bible. They are, as the proclamation says, free to hold and express their deeply held beliefs. However, these same pastors think Christianity and Judaism share "Judeo-Christian" values. From a Jewish perspective, approaching religious leadership without comprehensive learning is a disgrace to the brains God has given us. Unfortunately, it is also an example of the outright dangerous ways Christianity is being taught and practiced in Oklahoma; the same Christianity your proclamation extols as a blessing.
Excerpt #2 (also from Rabbi Harris):
Voting for this resolution was within your legal rights, but good grief: At its most basic level, it is rude and disrespectful to the people in this state whose non-Christian beliefs have shaped our community, society and the state.I know it is unreasonable to expect an apology for asserting your faith is somehow superior or more noteworthy than minority religions in this state. At the least, I hope for an acknowledgment that the wording of this proclamation fails to be supportive of all Oklahomans, and it disregards the damage done to Oklahomans in the name of Christianity.
Excerpt #3 (from Rev. Adam Young of Sunny Lane UMC in Del City):
Earlier today, the House passed Concurrent Resolution 1013, a proclamation declaring “Christ is King.” As a United Methodist pastor, I believe that phrase deeply — but only within the context of faith, worship and the countercultural way of life Jesus calls us to. When the state takes those sacred words upon its lips, they are transformed into something else entirely. What was once a confession of worship becomes a political power play. What was once a theological truth becomes a civil decree. And in doing so, the government steps into the dangerous territory of Christian nationalism.Let me be clear: This resolution is unconstitutional, anti-democratic and theologically misguided.
Excerpt #4 (from Rev. Young):
HCR 1013 betrays the Christ who refused power and domination. In Mark 10, Jesus gathers his disciples and says, “You know that among the gentiles those whom they recognize as their rulers lord it over them, and their great ones are tyrants over them. But it is not so among you; instead, whoever wishes to become great among you must be your servant… For the Son of Man came not to be served but to serve and to give his life a ransom for many.”
Jesus never crowned himself king. The title he uses is “servant.” His vision is an upside-down one, where the first are last and the last are first. The only throne Jesus ever sat on was a cross. His kingdom looks less like the Capitol dome and more like foot-washing, shared meals, and solidarity with the poor and oppressed.Our state, however, often operates in contradiction to this vision. As noted from the House floor today:
* The first bill our state passed established segregation.
* Our history is filled with the mistreatment of Black, Native, Latine, Asian, Pacific Islander and Middle Eastern communities.
* We criminalized “the least of these,” rather than cared for the unhoused.
* We continue to underfund education, and our outcomes lag behind the rest of the nation.#Oklahoma #FirstAmendment #EstablishmentClause #Judaism #Christianity #ChristianNationalism #OklahomaLegislature #ConLaw #Fascism
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Prior to the 20th amendment, U.S. presidents would be inaugurated on 4 March.
This was problematic because the president who had been voted out would remain in office from November to March. -
Sharing as the incoming emperor apparently hasn't read the #Constituion.
Amendment XIV
Section 1All 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.
#BirthrightCitizenship #Immigration #Law #ConLaw #FourteenthAmendment #USA #Fascism #FDT
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I strongly agree with all of Biden's proposals including:
1. The "no one is above the law" Constitutional amendment that ensures that US presidents can be prosecuted for criminal acts.
2. 18 year term limits for #SCOTUS justices
3. A binding ethics code for SCOTUS justices(gifted article)
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Nice! New #whatromanmarscanlearnaboutconlaw ep about all the recent #scotus shocks #podcast #99pi https://learnconlaw.com/ #conlaw #uspolitics
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Nice! New #whatromanmarscanlearnaboutconlaw ep about all the recent #scotus shocks #podcast #99pi https://learnconlaw.com/ #conlaw #uspolitics
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Nice! New #whatromanmarscanlearnaboutconlaw ep about all the recent #scotus shocks #podcast #99pi https://learnconlaw.com/ #conlaw #uspolitics
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Nice! New #whatromanmarscanlearnaboutconlaw ep about all the recent #scotus shocks #podcast #99pi https://learnconlaw.com/ #conlaw #uspolitics
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Nice! New #whatromanmarscanlearnaboutconlaw ep about all the recent #scotus shocks #podcast #99pi https://learnconlaw.com/ #conlaw #uspolitics
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I’m still holding out hope that we’ll get some more What #romanmars Can Learn About #conlaw
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I’m still holding out hope that we’ll get some more What #romanmars Can Learn About #conlaw
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https://www.cnn.com/2024/06/27/us/oklahoma-schools-bible-curriculum/index.html
#Oklahoma --- defying the #FirstAmendment's #EstablishmentClause again and again.
It is shameful and wrong.
It is critical that all who believe in the First Amendment (including religious folks) speak out against this madness.
State Superintendent #RyanWalters should be impeached and removed from office for this extreme level of defiance to our most basic of civil rights.
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https://www.cnn.com/2024/06/27/us/oklahoma-schools-bible-curriculum/index.html
#Oklahoma --- defying the #FirstAmendment's #EstablishmentClause again and again.
It is shameful and wrong.
It is critical that all who believe in the First Amendment (including religious folks) speak out against this madness.
State Superintendent #RyanWalters should be impeached and removed from office for this extreme level of defiance to our most basic of civil rights.
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Thank you to the #Oklahoma Supreme Court for respecting the Establishment Clause's prohibition on state-funded religious schools.
It is sad though, that St Superintendent #RyanWalters & Governor #KevinStitt ever thought that defying the #FirstAmendment was ever a good idea.
#Oklahoma #OK #EstablishmentClause #SeparationOfChurchAndState #Law #ConLaw #Constitution #ReligiousLiberty
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Thank you to the #Oklahoma Supreme Court for respecting the Establishment Clause's prohibition on state-funded religious schools.
It is sad though, that St Superintendent #RyanWalters & Governor #KevinStitt ever thought that defying the #FirstAmendment was ever a good idea.
#Oklahoma #OK #EstablishmentClause #SeparationOfChurchAndState #Law #ConLaw #Constitution #ReligiousLiberty
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It is time for some litigation to shoot down this patently unconstitutional #Oklahoma #law. #Immigration is a federal responsibility it is not a state issue.
Oklahoma immigration law signed by Governor Kevin Stitt
https://www.oklahoman.com/story/news/politics/government/2024/04/30/hb-4156-oklahoma-signed-into-law-governor-kevin-stitt/73514145007/ -
Speech at Twenty-First Century Schools and Universities | Stanford Law Review https://www.stanfordlawreview.org/symposium/v76/
What a thrill to help organize and present at such a great conference!
#law #Fedilaw #FediProf #FreeSpeech #Education #conlaw #SCOTUS
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The meme I made for my modern day commerce clause class:
#lawFedi #lawProf #lawfed #conlaw #commerceclause #law #SCOTUS #Federalism
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If Trump were pardoned for #J6, would he still be barred from the presidency by the 14th amendment?
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Anyone else get Marbury v. Madison energy from the Colorado lower court decision finding that Trump did in fact engage in insurrection but that he could not be struck from ballot bc the Disqualification Clause does not apply to Presidents?
Damns the actor, but then says can't rule against him
#law #lawfed #lawProf #lawfedi #Trump #SCOTUS #colorado #insurrection #FourteenthAmendment #conlaw
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#Law #Oklahoma #ConLaw
Oklahoma small business owner seeks change through U.S. Supreme Court
https://www.oklahoman.com/story/opinion/2023/10/16/oklahoma-small-business-owner-seeks-change-through-u-s-supreme-court/71032286007/ -
TFW you find out that the case in which the Court decided the Guaranty Clause was toothless was decided in *1849* by *The Taney Court*
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For #ff or #followfriday, some #lawfedi folks I haven't listed recently:
@drustevenson for admin law
@heidilifeldman #lawfedi royalty and #law and #philosophy prof
@jackiegardina Dean and co-host of #podcast Sidebar
@neil IT/telecom/tech law and great follow
@RuthFlaherty #IP / #copyright prof
@CarolineMalaCorbin #conlaw prof and great feed
I'm sure I'm missing many but there will be more Fridays (one hopes)!
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And before anyone says "but look at the outcome in #MooreVHarper" note - the Court decided the Constitution did not immunize legislatures from their courts. A justice who wants to undo court reform legislation would have no problem squaring that circle.
#LawFedi #SupremeCourt #SCOTUS #ConLaw #ConstitutionalLaw #CourtReform #ExpandtheCourt
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And before anyone says "but look at the outcome in #MooreVHarper" note - the Court decided the Constitution did not immunize legislatures from their courts. A justice who wants to undo court reform legislation would have no problem squaring that circle.
#LawFedi #SupremeCourt #SCOTUS #ConLaw #ConstitutionalLaw #CourtReform #ExpandtheCourt
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And before anyone says "but look at the outcome in #MooreVHarper" note - the Court decided the Constitution did not immunize legislatures from their courts. A justice who wants to undo court reform legislation would have no problem squaring that circle.
#LawFedi #SupremeCourt #SCOTUS #ConLaw #ConstitutionalLaw #CourtReform #Expand the Court
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And before anyone says "but look at the outcome in #MooreVHarper" note - the Court decided the Constitution did not immunize legislatures from their courts. A justice who wants to undo court reform legislation would have no problem squaring that circle.
#LawFedi #SupremeCourt #SCOTUS #ConLaw #ConstitutionalLaw #CourtReform #ExpandtheCourt
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And before anyone says "but look at the outcome in #MooreVHarper" note - the Court decided the Constitution did not immunize legislatures from their courts. A justice who wants to undo court reform legislation would have no problem squaring that circle.
#LawFedi #SupremeCourt #SCOTUS #ConLaw #ConstitutionalLaw #CourtReform #ExpandtheCourt
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Come work with me!
"Suffolk University Law School in Boston expects to fill up to three tenure-track or tenured doctrinal faculty positions, starting in 2024-2025. . . . Our search will focus on Property; Constitutional Law; and a third position open to a range of teaching and scholarly interests."
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Come work with me!
"Suffolk University Law School in Boston expects to fill up to three tenure-track or tenured doctrinal faculty positions, starting in 2024-2025. . . . Our search will focus on Property; Constitutional Law; and a third position open to a range of teaching and scholarly interests."
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Come work with me!
"Suffolk University Law School in Boston expects to fill up to three tenure-track or tenured doctrinal faculty positions, starting in 2024-2025. . . . Our search will focus on Property; Constitutional Law; and a third position open to a range of teaching and scholarly interests."
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Come work with me!
"Suffolk University Law School in Boston expects to fill up to three tenure-track or tenured doctrinal faculty positions, starting in 2024-2025. . . . Our search will focus on Property; Constitutional Law; and a third position open to a range of teaching and scholarly interests."
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Come work with me!
"Suffolk University Law School in Boston expects to fill up to three tenure-track or tenured doctrinal faculty positions, starting in 2024-2025. . . . Our search will focus on Property; Constitutional Law; and a third position open to a range of teaching and scholarly interests."
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Kavanaugh and Barrett blinked.
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Every time I think we need a Constitutional Convention I remember what miserable compromises were produced by the original one because people of somewhat better moral character caved in to the slave power. Any attempt to significantly reframe the US Constitution in the current political era would lead to the breakup of the USA. #USPoli #ConLaw #ConstitutionalConvention #USLaw #USHistory #Polidons #Histodons
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Check out this new article by my #SuffolkLaw colleague, René Reyes, “Religious Liberty, Racial Justice, and Discriminatory Impacts: Why the Equal Protection Clause Should be Applied at Least as Strictly as the Free Exercise Clause”: https://mckinneylaw.iu.edu/ilr/pdf/vol55p275.pdf
