Welcome to this week’s newsletter recapping some highlights from the past week in constitutional law. Please subscribe below to receive my weekly Friday posts:
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News Desk - This Week’s Top Ten Headlines
Supreme Court Considers Birthright Citizenship Case
The Trump administration petitioned the Supreme Court on Friday to review several court rulings blocking an executive order seeking to end birthright citizenship for children born to undocumented migrants or temporary visitors. During argument in Trump v. CASA, decided in June, the government warned the Court this case would quickly return, but whether the Court will decide it on the merits remains to be seen. If granted review for the new term, the case could join other high-stakes Trump administration disputes, including the IEEPA tariffs dispute.Court Allows Billions in Spending Cuts to Move Forward
In a recent order, the Court granted the Trump administration’s request to freeze $4 billion in congressionally appropriated funding, staying a lower court ruling that required the funds to be obligated by Tuesday. The decision, the third such intervention in this dispute, allows the withholding to proceed amid ongoing litigation over the Impoundment Control Act’s enforcement by private groups. In other words, we ain’t done yet.Lower Court Rules for Employee Calling Charlie Kirk a “Nazi”
A federal court issued an order blocking the University of South Dakota from firing professor David Hook over a post calling Charlie Kirk a “hate spreading Nazi,” ruling that Hook spoke as a private citizen on a public matter and university officials failed to show evidence of disruption to their institution. I expect to see many similar cases soon.DOJ Sues Six States Over Voter Data Noncompliance
On Thursday, the DOJ filed lawsuits against California, Michigan, Minnesota, New York, New Hampshire, and Pennsylvania for failing to provide detailed voter registration lists after requests under President Trump’s Executive Order No. 14248, titled “Preserving and Protecting the Integrity of American Elections.” The suits invoke the National Voter Registration Act (NVRA) and Help America Vote Act (HAVA), both federal statutes.D.C. Residents Sue Over Takeover
Also on Thursday, the aforementioned migrants rights group CASA and four D.C. residents filed a class-action lawsuit against the Trump administration, alleging a pattern of illegal arrests under the federal crackdown beginning in August. They claim plain-clothed federal agents have indiscriminately targeted perceived Latino individuals without warrants or probable cause. Why they did not wait for Portland, who knows.Jimmy Kimmel Returns to Show After FCC Threats
ABC ended its suspension of “Jimmy Kimmel Live!” this week, which was initially halted due to Kimmel’s comments about the murder of Charlie Kirk, prompting perceived pressure from FCC Chairman Brendan Carr. Carr’s statements raised First Amendment concerns of jawboning to free speech advocacy organizations.Split Court Panel Creates Circuit Split Over COVID-19 Vaccine Exemptions
On Tuesday, the Ninth Circuit dismissed a Title VII claim objecting to COVID-19 nasal swab testing as based on secular medical concerns about carcinogenicity rather than a bona fide religious belief. Breaking with other circuit courts, the Ninth ruled the plaintiff’s belief that her body is a temple of the Holy Spirit, linked to her objection through prayer, lacked a sufficient religious nexus to survive dismissal. Judge VanDyke dissented, arguing the Scripture-based objection was sufficiently religious, and the majority’s approach improperly dissects mixed beliefs, creating an unnecessary circuit split.Ninth Circuit Decides Gun-Free School Zones Act Case
Addressing the same law at issue in United States v. Lopez (1995), the Ninth Circuit reversed a denial of a motion to dismiss an indictment, charging a Montana man with violating federal law for possessing a firearm within 1,000 feet of a school. The law exempts individuals if their state verifies their qualifications before issuing a license. Much of the case involved the court finding ambiguity in the term “verify,” as the court did not address the Second Amendment argument that the statute is unconstitutional.Court Decides Thirteenth Amendment Case
The Eleventh Circuit upheld the conviction of a white man for violating a federal statute targeting racial violence interfering with federally protected activities, affirming that Congress has the authority under the Thirteenth Amendment to enact such legislation to combat badges and incidents of slavery. The court found evidence that the man used his car to terrorize a Black family on a county road in Florida, and rejected his challenges to the jury instructions and the sufficiency of the evidence.Conservative Icon Joins Lisa Cook Case on Appeal to Supreme Court
Early last week, Federal Reserve Governor Lisa Cook asked the Court to reject President Trump’s emergency request to lift an order blocking her removal from the Fed board, arguing that allowing the firing would violate the Federal Reserve Act’s “for cause” removal requirement. Cook emphasized that she has continued receiving her salary and performing duties, distinguishing her case from recent Supreme Court rulings permitting Trump’s firings at other independent agencies like the FTC. The filing, supported by a brief from 18 former Fed chairs, Treasury secretaries, and economic officials, apparently attracted big fish across the legal aisle as former Bush Solicitor General Paul Clement joined the case on Friday. Clement has argued over a hundred cases at the Court.
Picks of the Week - Articles Worth Your Time
Answering the Latest Anti-Originalism Narrative
Source: Law & Liberty | Author: Robert Natelson | Link
Responds to the same Atlantic article I addressed here.
Interim Precedent
Source: Divided Argument | Author: Richard Re | Link
A prescient overview of how the non-merits docket at the Court has certain precedential value.
The Scope and Limits of Federal Judicial Power
Source: Shapiro’s Gavel | Author: Ilya Shapiro | Link
An important topic covered by a knowledgeable scholar.
Papers and Research - Serious Scholarly Selections
Balancing in the Shadows of Noem v. Vasquez Perdomo, by Avi Siegal
Read it here.
Remedies in the Officer Removal Cases, by Samuel L. Bray
Check it out here.
That’s a wrap! Thank you for reading. Like and share below, and I’ll see you this Friday!
In liberty,
Ethan Savka