Berkeley’s border wall blacklists ‘illegal’: Berkeley law professor

John Yoo quoted by Fox Business, March 22, 2017

“The city of Berkeley should not be discriminating based on political views…I think then you’re going to start getting the courts involved and it’s going to look very skeptically at what this city is doing,” advised John Yoo. … Political disagreements are “not a valid reason to break a contract,” which, warns Yoo, may violate the Dormant Commerce Clause, which prevents cities from discriminating against outside companies, and there’s no legal exception for political disagreements.

Congress is about to give away your online privacy

Christopher Hoofnagle co-writes for Wired, March 22, 2017

Congress is poised to roll back FCC privacy protections in a way that could seriously compromise our online lives. The protections require internet service providers to secure consumer data and obtain consumers’ consent before mining and selling it.

Ex-DOJ official: Gorsuch will likely vote against Roe v. Wade

John Yoo quoted by Newsmax, March 21, 2017

“The scales are probably tilted toward believing that he would overturn Roe v. Wade,” John Yoo, a UC Berkeley law professor told Newsmax TV’s “The Steve Malzberg Show” on Tuesday. “In fact, I would be very surprised if he upheld Roe the way [Justice Anthony] Kennedy has. Be shocked, actually.”

Will Gorsuch send women to jail for abortion?

Jill Adams co-writes for The Hill, March 21, 2017

Gorsuch has demonstrated he will go to extraordinary lengths to block women’s access to basic reproductive health care, even under current jurisprudence. His prior ruling in favor of Hobby Lobby, which allowed the company to deny its employees coverage for contraception, his decision to side with Utah Gov. Gary Herbert’s effort to defund Planned Parenthood, and his writings that criticize the constitutional principles underlying reproductive rights all suggest he would not uphold Roe, if confirmed.

Experts criticize US electronic devices ban on some flights from Middle East

Paul Schwartz and Christopher Hoofnagle quoted by The Guardian, March 21, 2017

Paul Schwartz … noted that the 9/11 hijackers had a cell in Hamburg, Germany. “One potential problem with this approach where you single out countries is that you ignore the extent to which the terrorist threat is kind of state-less,” he said. “The terrorists have cells throughout the entire world.”

Efforts to more broadly restrict laptops on planes would likely face widespread resistance, said Chris Hoofnagle. …. “It’s a massive inconvenience to have to check a laptop, and you can imagine that such a demand is met with resistance by air carriers, who are powerful lobbies.”

Arkansas’s cruel and unusual killing spree

Megan McCracken and Jennifer Moreno write for The New York Times, March 20, 2017

This will be the fastest spate of executions in any state in more than 40 years, placing extraordinary pressure on the execution team and increasing the risk of errors. What’s more, the state’s rationale for the schedule — the expiration date on its supply of midazolam, a common sedative — is faulty, because the drug shouldn’t be used in executions in the first place.

Lawmakers seek changes to California juvenile justice system

Stephanie Campos-Bui quoted by Associated Press, March 20, 2017

A new UC Berkeley School of Law study, “Making Families Pay,” says the fees disproportionately punish minorities. “These fees create tremendous harm to families, both economically and socially,” said Stephanie Campos-Bui, one of the report’s authors.