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Constitution Tag

Howdy! We're super excited about our first ever live (online) event. The discussion was hosted by moi, Legal Insurrection's Senior Contributing Editor and the Director of Operations and Editorial Development for the Legal Insurrection Foundation, Kemberlee Kaye. Legal Insurrection publisher and Cornell Law Professor, William Jacobson headed up the discussion.

Attorney General William Barr has signaled that the federal government will take action with regard to violations of the constitutional rights of citizens by state and local officials as part of Wuhan coronavirus 'stay at home' and shutdown orders. Barr was addressing particularly violations of religious freedom.

Our Founding Fathers never once said that the rights given to us by our Creator go out the door in the case of a viral pandemic. In other words, the Constitution still exists and it still protects us from tyrants. The Raleigh Police Department had the nerve to tell someone on Twitter that protesting is a non-essential activity.

Department of Justice Inspector General Michael Horowowitz released a report today on FBI practices in making Foreign Intelligence Surveillance Act (FISA) applications to the FISA court. If the entire country were not focused (understandably) on the Wuhan coronavirus pandemic, this would dominating the news.

As has been widely reported, a recently-released draft advisory opinion of the Committee on Codes of Conduct of the Judicial Conference of the United States—a 15-member group of judges responsible for fashioning and interpreting ethical rules applicable to the federal judiciary—concluded that membership in the non-partisan Federalist Society by judges, law clerks, and staff attorneys is improper because the group’s ideological orientation would call its members’ impartiality into question.

A year ago almost to the day, we reported that a Texas federal judge (1) held that the Obamacare individual mandate was unconstitutional after Congress repealed the mandate tax (which was the justification for the Supreme Court upholding the mandate in 2012), and (2) the mandate was not severable from the rest of the law, so the entire law fell. It was a full defeat of Obamacare, Federal Judge kills Obamacare: