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Monthly Archives: December 2021
Milwaukee, Kansas City and Salt Lake planning bids to host GOP 2024 Convention
Milwaukee didn’t really get its 2020 Democratic convention, but is going after the GOP event in 2024:
Milwaukee’s formal bid to host the Republican National Convention in 2024 came in at more than 200 pages and was submitted last week.
It also talks about the city’s experience preparing to host the Democratic National Convention in 2020, though the event itself was largely virtual due to the coronavirus pandemic.
Posted in Uncategorized
Tagged 2016 Republican National Convention, 2024 Republican Convention
Comments Off on Milwaukee, Kansas City and Salt Lake planning bids to host GOP 2024 Convention
The Day the Constitution Died
In the law, there is a concept known as a “chilling effect.” Put most simply, it means that the potential reach of the law intimidates people into not exercising a potential constitutional right for fear of the severity of the legal consequence if a court finds that the law is constitutional and covers your proposed activity. The claim of a chilling effect is most often made in the context of the First Amendment when a statute covers speech or expressive conduct. A person challenging a broad law can claim that — even if their activity could be barred by a valid law and potentially violates the law under some reasonable interpretation — the law is subject to other reasonable interpretations that would bar constitutionally protected speech. But the concept of a chilling effect exists in other contexts too.
One remedy to preclude the chilling effect of an unconstitutional law is to allow the subjects of regulations raise “pre-enforcement” challenges to the law. The essence of a pre-enforcement challenge is that the plaintiff: 1) has been doing X; 2) would continue doing X but for the law; 3) is unable to continue doing X because she does not know if the new law is valid; and 4) believes that the law is unconstitutional. A pre-enforcement action can lead to a “stay” which allows effected individuals to continue with their activities until the challenge is resolved with no legal consequences. In the absence of a pre-enforcement challenge, somebody has to be brave enough to violate the law and risk the consequences if the law is upheld. In essence, they volunteer to be the “test” case for the statute. While test cases are not unusual as the exact operation of any new law or rule is unclear until after a couple of cases have worked their way through the system, the consequences of being wrong in your belief about how the law should be interpreted can be devastating for the person alleged to have violated the law.
After the passage of the Bill of Rights, the next amendment adopted was the Eleventh Amendment. Article III allows a federal court to hear a case based on “diversity” jurisdiction. One early case involved a resident of one state to sue a different state. Now, traditionally, a government was immune from being sued in its own court (commonly referred to as “sovereign immunity”). The Eleventh Amendment overturned that initial case. By its plain text, the Eleventh Amendment only eliminates diversity jurisdiction by barring a non-resident from suing a state. For true textualists, nothing in the text of the Eleventh Amendment bars a suit filed by a resident of a state against his own government. However, over the years, the court have created their own rules for what the Eleventh Amendment means.
Posted in Judicial
Tagged Chilling Effect, Eleventh Amendment, Pre-enforcement Challenges, Senate Bill 8, Supreme Court
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A background on the issues in Dobbs vs. Jackson Women’s Health
The Supreme Court heard arguments on Wednesday in a case involving Mississippi’s law banning pre-viability abortions after fifteen weeks. For those not familiar with court terminology, here is a brief primer on the legal terminology that you might hear during coverage of this case.
SUBSTANTIVE DUE PROCESS & THE RIGHT TO PRIVACY
The Bill of Rights contains a rather extensive list of “enumerated” rights. It also contains a catch-all provision in the Ninth Amendment. Both the Fifth Amendment and Fourteenth Amendment contain a due process clause which forbids the denial of liberty without due process of law. Over the years, the courts have had to deal with the limits of the rights contained in the Bill of Rights. For example, the First Amendment expressly covers two forms of communication — oral (free speech) and written (free press). But that leaves issues about other forms of expressive conduct (is dancing or painting speech) and whether press was limited to news or does it cover other written publications. Similarly, there is debated about the due process clause — does it merely require appropriate proceedings (laws being properly passed, cases being properly head) before a person is deprived of their freedom (i.e. goes to prison) or does it also provide substantive protections against the passage of laws that eliminates rights.
Posted in Civil Rights, Judicial
Tagged Abortion, Casey, compelling interest, precedent, Roe, stare decisis, substantial burden, Supreme Court
Comments Off on A background on the issues in Dobbs vs. Jackson Women’s Health