A Bad Supreme Court Term for Originalism?

With the 2017 Supreme Court term underway, it’s time to consider its originalism implications. One might think that originalists would be optimistic with Justice Gorsuch — apparently a strong textualist originalist — joining the Court.  But I suspect that, at least on the headline cases, it will be a bad term for originalism, based on…

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Signed as Law: California Will End Support for Most Federal Immigration Enforcement

SACRAMENTO (Oct. 5, 2017) – Yesterday, California Gov. Jerry Brown signed a bill to withdraw state resources from the enforcement of most federal immigration laws.  Once in effect on Jan. 1, 2018, the new law will likely have the effect of further nullifying those federal acts in practice. Introduced by Sen. President Kevin de Leon and…

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Now in Effect: Two Montana Laws Take on Warrantless Electronic Data Collection

HELENA, Mont. (Oct 5, 2017) – On Sunday, two Montana laws went into effect that work together to ban warrantless collection of cell phone data in most situations. These laws not only increase privacy protections in the state, they also hinder one practical impact of federal surveillance programs. Rep. Daniel Zolnikov sponsored both House Bill 147 (HB147)…

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Pennsylvania Senate Unanimously Passes Right to Try Act

HARRISBURG, Pa. (Oct. 4, 2017) – On Monday, the Pennsylvania Senate unanimously passed a bill that would set the foundation to nullify in practice some Food and Drug Administration (FDA) rules that deny access to experimental treatments by terminally ill patients. Spondored by Rep. Robert Godshall (R-Hatfield) and nearly 40 cosponsors, House Bill 45 (HB45)…

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Pennsylvania House Unanimously Passes Bill to Expand Healthcare Freedom

HARRISBURG, Pa. (Oct. 3, 2017) – Last week, the Pennsylvania House unanimously passed bill to help facilitate healthcare freedom outside of government regulatory schemes. Rep. Matthew Baker (R-Wellsboro) introduced House Bill 1739 (HB1739) along with 12 co-sponsors on Aug. 24. The legislation specifies that direct primary care agreements (sometimes called medical retainer agreements) do not…

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