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Walker con law > Cases > Flashcards

Cases Flashcards

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1
Q

The question presented in Gundy v. United States involved the non-delegation doctrine. That doctrine is rooted in the first sentence of____

A

Article I of the Constitution

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2
Q

Who wrote for the Court in Chevron?

A

Stevens

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3
Q

According to Jurge Friedrich of the District Court of the District of Columbia, the CDC Eviction Moratorium was likely ______

A

Statute

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4
Q

In NFIB v. Sebelius, 7 Justices (in 2 opinions) concluded that the ACA’s Medicaid Expansion was unconstitutional. In reaching that conclusion, which of the following did they NOT rely on?

A

United States v. Crittenden.

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5
Q

Jacobsen v. Massachusetts was decided in what year?

A

1905.

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6
Q

Jacobsen reasoning?

A

State police power–public health and safety.

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7
Q

in re. Certified Michigan year?

A

2020

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8
Q

Article One of the Constitution covers______

A

Legislation, Non-delegation (Schecter, Youngstown)
Bicameral, Vesting clause
Limited and Enumerated powers (bank in McCulloch)

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8
Q

in re. Certified Michigan topic?

A

Governor emergency powers unconstitutional, b/c legislature didn’t issue it and non-delegation(public safety is not the same as public health)

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8
Q

Article Three in the Constitution is about which branch?

A

Judicial.

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9
Q

Amendment III

A

Quartering of Soldiers

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10
Q

Amendment IV

A

Search and Seizure

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11
Q

Amendment V

A

Grand Jury, Double Jeopardy, Self Incrimination, Due Process, Takings

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12
Q

Amendment VI

A

Speedy Trial (US v Olsen), Witnesses, Counsel, Confrontation Clause (O’Connor in Maryland v. Craig; US v Crittenden and masks)

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13
Q

Amendment VII

A

Jury Trial

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14
Q

Amendment VIII

A

Excessive Fines, Cruel and Unusual Punishment

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15
Q

Amendment IX

A

Non-enumerated Rights Retained by the People

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16
Q

Amendment X

A

Rights Reserved to States or People

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17
Q

What was Gundy about?

A

Non-delegation: found it was OK for A.G. to have authority to enact sex offender registration, even pre-Act. No problem with Legislature delegating that to executive branch.

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17
Q

What was Gundy about?

A

Delegation ok. Did not violate Non-delegation: found it was OK for A.G. to have authority to enact sex offender registration, even pre-Act. No problem with Legislature delegating that to executive branch.

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18
Q

Why did Eviction Moratorium fail in Alabama Realtors v. HHS?

A

Exceeded CDC authorization (quarantine and fumigation); wasn’t authorized by Congress. Also right of property owner to exclude.

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19
Q

What was US v Somerville about?

A

Compassionate release for prisoner w/comorbidities, non-violent sentence, at prison with lots of cases, at risk for COVID, had mitigating factors original judge couldn’t take into account b/c mandatory sentencing, had already served a bunch

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20
Q

When was US v Somerville?

A

Spring 2020.

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21
Q

Where was US v Somerville?

A

District Court in Pennsylvania.

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22
Q

When was Ohio v Yellen?

A

2021

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23
Q

What Constitutional clause did Ohio v Yellen cite as being violated?

A

Spending Clause

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24
Q

What did fed gov’t try to forbid in Ohio v Yellen?

A

Using recent COVID relief bill to offer tax relief

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25
Q

When was Purcell v Gonzalez?

A

2006

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26
Q

What was Purcell v Gonzalez about?

A

Courts can’t change election rules right before an election cause it’s too confusing, (specifically AZ voter law about ID)

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27
Q

What year was Tx Dems v Abbot?

A

2020

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28
Q

What was TX Dem v Abbot about?

A

people under 65 wanted to vote by mail b/c afraid of covid but Court said NO–did not violate 26th amendment (age) and pandemic doesn’t change that

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29
Q

When was MD v Craig?

A

1990

30
Q

What Amendment was MD v Craig concerned with?

A

Sixth Amendment, Confrontation clause (kid victims could testify via closed circuit tv)

31
Q

US v Crittenden was what year?

A

2020

32
Q

US v Crittenden concerned which amendment?

A

Sixth, Confrontation Clause (masks)

33
Q

Lukumi Babalu was which year?

A

1993

34
Q

Roberts v Neace was where and when?

A

Kentucky 2020

35
Q

Roberts v Neace held governor was allowed to. . .

A

ban religious public gatherings (Easter, tickets at parking lot)

36
Q

Roman Catholic Diocese v Cuomo was when, after what>

A

Nov 2020, the month after ACB joined bench

37
Q

Roman Catholic Diocese v Cuomo found what?

A

Unconstitutional to close churches when other things were open.

38
Q

Who dissented in Gundy, saying AG having power over half a million citizens was way too broad a delegation for a non elected executive officer?

A

Gorsuch. (Kagan wrote the majority, upholding Gundy—Alito concurred but said didn’t love delegation)

39
Q

Bayley’s Campground v Mills was when?

A

2021

40
Q

What was Bayley’s Campground about?

A

NHerits traveling to Maine had to quarantine for 14 days (upheld)

41
Q

When was Biden v Knight First Amendment?

A

2021

42
Q

Who wrote a Big Deal concurrence about the future of social media in Biden v Knight First Amendment?

A

J. Thomas, who argued that social media should be treated like common carriers

43
Q

What was Biden v Knight First Amendment about?

A

Trump blocking people on twitter–was it a public forum? (dismissed cause he was kicked off Twitter!)
\

44
Q

City of Richmond v Croson was decided in what year?

A

1989

45
Q

What was the holding in City of Richmond v Croson?

A

Without evidence of historical race-based discrimination, couldn’t create set-aside program where city contractors had to use 30% minority owned businesses. Failed strict scrutiny. Otherwise runs afoul of 14th amendment.

45
Q

What was the holding in City of Richmond v Croson?

A

Without evidence of historical race-based discrimination, couldn’t create set-aside program where city contractors had to use 30% minority owned businesses. Failed strict scrutiny. Otherwise runs afoul of 14th amendment.

46
Q

When was Vitolo v Guzman?

A

2021

47
Q

What was Vitolo v Guzman about?

A

Sending minority-owned businesses to the front of the line for covid relief

48
Q

What case is Vitolo v Guzman connected to?

A

Richmond v Croson

49
Q

What amendment was implicated in Jacobsen?

A

14th Amendment, due process

also Spirit of the Constitution

50
Q

Where is this from: “all legislative power herein granted shall be vested in a Congress. . . “?

A

Article I.

51
Q

Why was Mich. Gov’s Emergency Order so problematic?

A

Legislature wouldn’t renew when it ran out, so she issued an identical one, in an improper use of executive power.
also violates Separation of Powers.

52
Q

Who wrote famous concurrence in Schecter?

A

Cordozo

53
Q

Who dissented in Gundy?

A

Gorsuch, Roberts, Thomas (Alito concurred but only cause of stare decisis)

54
Q

In what case did J. Kagan say, “if this is unconstitutional, then everything is unconstitutional.”

A

gundy

55
Q

What’s Chevron’s deal?

A

It’s about the EPA having authority to interpret ambiguous part of the Clean Air Act–Congressional intent unclear.

56
Q

Why did Scalia love Chevron?

A

As a backlash to the Warren court–wanted liberal judges’ hands tied so they couldn’t legislate from the bench.

57
Q

Under what amendment was the eviction moratorium impermissible?

A

10th. federalism canon. (Also relevant: major questions doctrine.)

58
Q

What kind of continuance was requested in US v Olsen?

A

End of justice–i.e. extend trial (Gov’t requested end of justice continuance, because Olsen demanded a trial immediately, after MONTHS of continuances, because jury trials were shut down for COVID)

59
Q

Who were the weird bedfellow amici in Lukumi?

A

Americans United for Separation of Church and State, and Michael McConnell, academic who loves religious freedom

60
Q

What two Constitutional doctrines are in tension in religious cases?

A

Establishment clause and free exercise

61
Q

Why does judge apply strict scrutiny in Bailey’s Campground?

A

Because right to travel is fundamental right. Privileges and Immunities, unenumerated rights

62
Q

What level scrutiny did Vitolo v Guzman require?

A

Strict! (Cause race.)

63
Q

What did Gorsuch say about Jacobsen in Roman Catholic Dioceses of Brooklyn v Cuomo?

A

Jacobsen was not intended to have such a broad impact on religious freedom.

64
Q

What Amendment in the Bill of Rights was at play in Richmond v Croson?

A

V, due process

64
Q

What Amendment in Bill of Rights was at play in Richmond v Croson?

A

V, due process

65
Q

What article of the Constitution deals with elections?

A

Article 4

66
Q

The _________ Rule governs all voting cases raised because of COVID

A

Purcell

67
Q

According to TX Dem v Abbott, whose responsibility are voting mechanics?

A

Legislature! Not courts.

68
Q

Why does Scalia loooove the VI Amendment?

A

Because it’s harder to lie face to face

69
Q

Ohio v Yellen centers on two things

A

1- Spending Clause legislation must be very clear, and the Tax Mandate here is ambiguous.
2- flirts with but ultimately refrains from deciding that Congress can’t delegate authority to clarify ambiguous legislation to an agency (here, Treasury Dept)

70
Q

The Tax Mandate violated the Spending Clause in two ways, and also violated an amendment:

A

1- coercive
2- ambiguous
10th amendment commandeering taxing authority

71
Q

Which is about nondelegation authority, art. 1 or Amendment X?

A

Article 1. (Amendment 10 is about the fed making the state enact fed legislation etc)

72
Q

According to the court in Ohio v Yellen, what are three limitations on Congressional conditional grants to states, vis-à-vis the Spending Clause?

A

1-conditions must be related
2- can’t coerce
3- can’t be ambiguous

73
Q

Lukumi said laws must be

A

Neutral and generally applicable.

74
Q

Croson and Vitolo explain that race-specific policies cannot stand even if there is historical persecution in the same industry unless the government _________

A

Was the party discriminating. (Can’t be private historical discrimination)
Additionally, it must have been intentional discrimination)

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