More unfounded searches, more abortions and more Second Amendments
Petition this week
May 21, 2021
At 1:20 pm
This week, we focused on the petition for the Supreme Court to consider, including the level of suspicion required before the government can search for electronic devices at the border, and whether New York can ask the Albany Catholic Diocese to cover up abortions by its employees. Health care plans, and whether New Jersey’s ban on certain gun magazines violates the Second Amendment or Fifth Amendment.
On Monday, the Supreme Court unanimously ruled Canilla v Strom The “community care exception” in the warrant provision of the Fourth Amendment does not prove that the police took guns from the homes of people who they believed had committed suicide. Merchant v. Majorcas Test the boundary outside of another fourth amendment case. The exception allows unnecessary searches at the boundary. The challengers were a group of American citizens who searched the border for smartphones and laptops while traveling from abroad to re-enter the United States. Although the district court ruled that the government must reasonably suspect that the device contained digital contraband due to the privacy issues of electronic search, the U.S. Court of Appeals for the First Circuit overturned this decision. The First Circuit maintained an unsuspecting “basic” search and authorized an unfounded “advanced” search with reasonable suspicion. The challenger argued in the petition that the lower courts are divided on how the Fourth Amendment applies to border electronic device searches.
In the bigger news on Monday, the Supreme Court agreed to accept Dobbs v. Jackson Women’s Health OrganizationThis poses a challenge to the constitutionality of Mississippi’s law, which prohibits almost all abortions after 15 weeks of pregnancy.in Albany v. Roman Catholic Diocese of Leatherwell, The justices face the issue of religious freedom, which centers on abortion. A New York State law requires employer health insurance plans to cover abortion. Exceptions may apply to religious entities whose “purpose” is to promote religion and to “employ” and “service” members of that religion, but they do not apply to religious entities that have a broader mission, such as serving the poor or for non-religious Of religious entities served by the people. The Roman Catholic Diocese of Albany, together with political parties from other religious groups, questioned the regulations, arguing that the regulations violated their right to religious freedom under the First Amendment. The New York State Court upheld the rule.When the diocese asked the justices to review, they considered similar issues among the still outstanding issues Fulton v Philadelphia, Involving religious freedom, adoption and same-sex parents.
In another major case scheduled for the next term of the Supreme Court, New York State Rifle and Pistol Association Inc. v. Corlett, The judge will consider whether the New York law violates the Second Amendment, because the law requires anyone who wants to carry a gun in the state to show a good reason for doing so. A new petition, New Jersey Rifle and Pistol Club Association v. Grewal, In front of the justices, posed a constitutional challenge to the laws of New Jersey. The law prohibits the possession of firearms magazines that can hold more than 10 rounds of ammunition, and requires anyone who has previously purchased such magazines to dispose of them, including returning them to law enforcement agencies. The petition argues that prohibiting property ownership violates the Second Amendment, and requiring citizens to dispose of magazines on their own also violates the acceptance clause of the Fifth Amendment.
These and others Petition of the week as follows:
Albany v. Roman Catholic Diocese of Leatherwell
problem: (1) Whether New York’s laws and regulations that require employers’ health insurance plans to cover abortion are “neutral” and “usually applicable”? The statute makes some religious organizations burdensome by forcing some religious organizations to bear abortion Employment Division v. Smith with Lukumi Babalu Aye Inc. v.Hialeah(2) Whether New York’s authorization violates the religious provisions of the First Amendment and interferes with the autonomy of religious entities; (3) Whether—according to the rules announced in…, whether Smith, The free exercise clause of the First Amendment allows states to require religious entities that oppose abortion to subsidize it- Smith Should be rejected.
Merchant v. Majorcas
problem: Does the Fourth Amendment require electronic device searches at the U.S. border on search warrants based on possible reasons, or at least based on the military officer’s reasonable suspicion that the device contains digital contraband?
New Jersey Rifle and Pistol Club Association v. Grewal
problem: (1) Whether citizens who abide by ordinary laws are prohibited from owning common magazines are comprehensive, retrospective and confiscation laws against the Second Amendment; (2) Whether the law deprives citizens of legally acquired property and long-term property without occurrence Any accident, this violates the income clause.
West Virginia v. Environmental Protection Agency
problem:whether 42 USC§7411(d)As a supplement to the Clean Air Act, the Constitution of Congress authorizes the Environmental Protection Agency to issue important rules, including those that can reshape the national grid and unilaterally decarbonize almost any sector of the economy, without any restrictions on the agency’s requirements Just consider cost, non-air impact and energy demand.
North American Coal Company v. Environmental Protection Agency
problem: Whatever 42 USC§7411(d)The committee authorized the Environmental Protection Agency to implement standards for “any existing source” based on the “fully proven” limit of “achievable through the application of the best emission reduction system”. Information on technologies and methods applied and implemented on existing resources, but also allows the institution to develop systems such as industry-wide ceilings and trading systems.