4th Circuit denies Trump’s motion to dismiss emoluments clause case (Constitution news round-up)

Emoluments: 4th Circuit denies Trump’s motion to dismiss emoluments clause case
https://www.nationalreview.com/bench-memos/divided-en-banc-fourth-circuit-gives-go-ahead-to-emoluments-clause-lawsuit/

Emergency Powers: critics say House Democrat legislation for COVID testing and tracing is unconstitutional
https://www.theepochtimes.com/house-bill-on-virus-testing-decried-as-unconstitutional_3349198.html

14A Equal Protection: U.S. citizen children of undocumented parents file class action to challenge exclusion from $2 trillion COVID relief bill
https://www.npr.org/2020/05/05/850770390/lawsuit-alleges-cares-act-excludes-u-s-citizen-children-of-undocumented-immigran

4A: Senate kills amendment to keep FBI from obtaining Internet search histories without a warrant
https://gizmodo.com/heres-who-just-voted-to-let-the-f-b-i-seize-your-searc-1843445032

Arizona appeals decision knocking down its ballot harvesting law to Supreme Court
https://www.dailysignal.com/2020/05/07/supreme-court-eyes-ballot-harvesting-case-that-could-affect-election-integrity-across-nation/

1A: Supreme Court sidesteps First Amendment challenge to federal statute making it a come to encourage illegal aliens to stay in the country; Court sends case back for further proceedings on the issues raised by the parties, not the issues the lower court wanted to inject into the case
https://dailycaller.com/2020/05/08/supreme-court-ruth-bader-ginsburg-encouraging-immigration/

1A: Minnesota AG Keith Ellison intervenes in lawsuit to defend state harassment statute used to charge woman filming mosque violations
https://mailchi.mp/c3b4ae114589/aflc-blasts-minnesota-ag-keith-ellison-in-court-filing?e=09ba59d4ec

• Woman’s lawyers fire back: “Ellison’s brief opposing this lawsuit is a tutorial on how Sharia-centric Muslims and progressives seek to destroy our fundamental liberties in the name of protecting Islam from legitimate criticism.”

 
1A: ICYMI, student government at Michigan State asks police to investigate anonymous racist comments made during online forum; police decline; FIRE watchdog group sent letter reminding everyone offensive comments are protected by the First Amendment
https://www.themorningwatchmsu.com/post/fire-blasts-msu-student-gov-for-attempted-first-amendment-violations

1A: “The Tyranny of the Marginalized - The campaign to curtail speech in order to promote social justice is gathering strength.”
https://claremontreviewofbooks.com/the-tyranny-of-the-marginalized/

• Since what counts in part is the “intended effect on the hearer,” society must end up banning political deliberations that conflict with the self-respect of the marginalized; speech that blames any portion of their disadvantages on their own actions and habits; images that fall short of being respectful or celebratory; and even factual claims that contradict marginalized groups’ internal or public narratives.

 
Free Expression: Libs line up to deplatform Michael Moore over his latest film which exposes renewables and icons of the environmental movement
https://www.dailywire.com/news/toto-cancel-culture-comes-for-michael-moore
 
Canadian government decree makes 1,500 firearms illegal; that’s what happens when you don’t have a Second Amendment
https://www.breitbart.com/politics/2020/05/02/hawkins-canadas-gun-ban-shows-what-happens-without-a-2nd-amendment/
 
5A Eminent Domain: 9th Circuit sticks with ruling that a California regulation requiring agricultural businesses to allow union organizers onto their property is not a taking
https://reason.com/2020/04/29/ninth-circuit-refuses-to-reconsider-ruling-that-mandating-union-organizer-access-to-employer-property-is-not-a-taking-but-eight-judges-dissent/

Habeas Corpus: critic flays 6th Circuit decision granting relief to woman convicted of felony murder on her claims of prosecutorial misconduct and ineffective assistance of counsel
https://www.nationalreview.com/bench-memos/another-summary-reversal-of-sixth-circuit-coming-soon/

Commerce Clause: Private investigator challenges Utah’s state residency requirement for professional license (only such law in the country)
https://www.forbes.com/sites/instituteforjustice/2020/05/04/upholding-a-protectionist-law-in-utah-would-break-the-us-constitution/#573b749b4fdc

Book due in October - “A Glorious Liberty: Frederick Douglass and the Fight for an Antislavery Constitution”
https://www.goodreads.com/book/show/52880168-a-glorious-liberty