Archive for the ‘Fifth Amendment’ Category

Megan Thee Stallions Good News Didnt Give Us The Answers We Wanted – BuzzFeed News

Victoria Will / AP

Megan Thee Stallion during a portrait session in New York.

As much as Megan Thee Stallion is known for her straightforward sex positivity, general outspokenness, and explicit lyrics, an intriguing part of her discography if unexplored by Meg herself is feelings she withholds and the things she doesnt say. In the context of a tumultuous year of violence and grief and joy Megs hotly anticipated debut album, Good News, seemed to be implicitly set up to address more tamped-down emotions. And in an era when lots of music made by women rappers has been derisively and reduced to stripper rap, this record mightve offered another way for listeners to consider what it truly means to bare all. For better or for worse, Good News, which came out last Friday, does not deliver wholly satisfying answers.

What we get with the Houston rappers debut album is more of the same womens empowerment, taking an operative role in ones own pleasure, aka driving the boat, fun but dialed up and concentrated further. The debut album is supposed to be the coming-of-age story in song, the record an artist has spent their whole life making, an autobiography overstuffed with too many feelings and ideas. Illmatic; Reasonable Doubt; The Miseducation of Lauryn Hill; Good Kid, M.A.A.D. City; Cole World: The Sideline Story all evince this tendency. Instead, Good News feels like a baggy collection of songs that are limited in scope, even though they might have unlimited streaming potential. They explore repetitive sensory details, not sensuality, and a vague sense of freakiness rather than real transgression or eroticism. On this album, there are songs about sex, of course, but they dont feel particularly sexy Intercourse features a hook that repeats sexual intercourse over and over again. Sugar Baby and Movie focuses on womens financial exploitation of men, and Do It on the Tip and Body, which has become a TikTok challenge, are both about bodily autonomy. But these songs feel like poor imitations of her earlier efforts.

Its not as if any of what Meg raps about isnt inherently interesting: Sexual agency and erotic pleasure is riveting material in her music generally, and her megawatt featured single WAP in particular. But on Good News, these subjects sound incredibly banal. On Intercourse, Meg raps, Let you put your hook in my bumper like a repo.

Surely theres a more enticing metaphor for that position than one that invokes towing a car? Sometimes the ideas on offer in the album even appear contradictory to Megs fun-loving, woman-first persona. Popcaan, the featured artist on Intercourse, opens the song by crooning, Girl, your pussy good from birth. From birth? Its frustrating that she relies on these cringey moments rather than pushing the envelope or even our understanding of the fuller contours of real hot girl shit, one of her catchphrases, or what shes like when shes alone, when its just herself and the elephants in the room. But perhaps the limited topics are the point. Maybe exploring a dynamic range of experiences is not what shes after right now, and thats OK. Femmes love party music too. On Girls in the Hood, she tells us, Im sick of motherfuckers tryna tell me how to live. Point taken. But we dont even get a middle ground in the track between the lofty idealism that shes come to stand for and the escapism thats fueled her so far. Surely there is some thematic space between reclamation and repossession between body positivity and a featured artist making questionable metaphors about a grown womans pussy.

Although Meg addresses her headline-grabbing shooting in July and mentions in passing the death of her mother, the sense a listener might get from this record is one of foreclosed emotion, of someone who has shut down right when theyre poised to open up and let the world know exactly who they are. The debut album that portal into interiority and a rappers beautiful subjectivity is instead boarded over in this case, like so many other windows this year. We are frequently given a rundown of physical detail (dick size preferences, levels of vaginal lubrication, 40-inch-long black weave like Morticia) but not much else. Cartesian dualism, which is the idea that the brain and body are separate entities, though not mentioned directly here, feels like a main theme of the project. This dynamic is best summed on the albums best song, Circles, the only one besides Shots Fired that feels remotely revealing:

Bullet wounds, backstabs,

Mama died, still sad

At war with myself in my head,

Bitch, its Baghdad

New nigga tryna come around and play clean

And my clothes fit tight, but my heart need a seamstress

Whats maddening is that lyrics like these are both insightful and beautiful but frustratingly rare on this album. The records structure is bewildering, except to those of us whove ever practiced avoidance. Its as if Meg has decided to open a door for a few minutes before opting out of letting us in or continuing to look inward, instead heading for the club, the place most of these 17 songs are probably best suited for anyway. (Though what the album lacks in introspection it makes up for in humor. An exemplary joke from Sugar Baby: Thinkin that he Future / Imma leave him in the past tense.) The albums order also mimics the narrative arc of Allison P. Daviss recent GQ profile of Meg, which saw the rapper immediately break down, recover, and move on to other matters. Any reluctance Megan might have felt to cover the heavy stuff so quickly in our conversation, Davis writes, was superseded by a need to confront it, to say her piece, and to move on to fully experiencing everything happening in her life.

The withholding that marks Megs musical output has unfortunately been compounded this year. The rappers calendar year has already been weighted with the anniversary of her mother and grandmothers passings, global death and decay, and marked by the mystery of her shooting in July. Its hard not to notice that Megs career arc so far has been a subtle study in something approaching survivors guilt. And while fans have rushed to Good News for answers, how much is she really supposed to share? And at what cost?

Megan Thee Stallion in Midtown on March 9 in New York City.

As is the case for most of us, 2020 has been incredibly difficult for Megan Thee Stallion to say the least. In March, she became embroiled in a legal battle when she sued her label, 1501 Entertainment, for what she claimed was an unfair contract. Though she earned her first No. 1 Billboard Hot 100 single in the spring for the Savage remix featuring Beyonc, in July, she said rapper Tory Lanez, her friend at the time, shot her. (He was later charged with the shooting.) On Tuesday, Meg was nominated for four Grammys, including Record of the Year and Best New Artist.

The contradictions that marked Megs year are characteristic of her journey in general. After all, her public-facing story is one of contradictions or, rather, one that exploits contradictions. Shes a woman whos named herself a stallion, which is defined as an uncastrated male horse; she dropped her debut album in the midst of a legal battle with her record label, which is a music business veterans kind of issue; she severed ties with both her ex-best friend and her lover as her hit single Savage brought families together. And now shes given us Good News in a year featuring so little of it.

A recurring theme of hip-hop is the triumph of barely escaped death, and it figures into the genres aesthetics: the champagne poured out to acknowledge the prematurely deceased before the rest is imbibed in a glitzy VIP section, the memorial chains, the airbrushed R.I.P. attire, the missing you tribute montages at the beginning of music videos. But its understandable why she might want to have this beat missing. Her music is largely escapist, and these wounds are still incredibly fresh. Still, when it appears that the rule of thumb for this record is Keep that shit, playa / I dont like getting personal, as delivered on Circles, its hard not to feel crestfallen by the lack of analysis by a star of her talent and stature.

Her public-facing story is one of contradictions or, rather, one that exploits contradictions.

Just as the genre is thematically tied to a barely escaped death, it is also linked to the experience of losing loved ones before ones career takes off. Its a lived experience many rappers have explored in their music: the spirit of Nas friend Ill Will permeates his debut; T.R.O.Y. by Pete Rock & C.L. Smooth is a formative rap dirge; Chance the Rappers tribute to his friend Rodney plays a significant role in Acid Rap; Lil Snupe, Meek Mills protg, is the unofficial, ghostly engine of his Dream Chasers label. Were meant to understand that the time spent grinding for the very songs were listening to overlaps with moments rappers might spend with family and loved ones, and that sacrifice makes the success bittersweet.

I lost my mama and my granny in the same month / A bunch of bitches talking down cause Im coming up.

Those are the opening lines of the song Aint Equal, the first track from Suga, the EP that Meg dropped in March. The record premiered a year after the death of her grandmother and Holly HollyWood Thomas, her mother and manager who died of a brain tumor last March. Although that song sets an interesting tone in a collection of music that advances Megs trademark subjects womens empowerment, fun, sex and suggests a departure from her usual approach to these subjects, any mention of what must be intense grief is few and far between in the music she has released since these devastating losses.

In that couplet, she moves on to braggadocio before the listener can even digest what shes said about her family. Just as a listener might be conjuring the trauma of that loss, and the associated imagery: the obits, the funeral dirges, the lowered caskets, the awful fact that she had to experience those rituals twice in a month, theres a switcheroo she redirects our imaginations toward her ascent, her chin held up, her head to the sky. And even in those lyrics, listeners must read through the lines or resist doing so out of respect for all of the prodigious writing she has shared.

Although shes stated plainly the physical cost of her matriarchs deaths, we never hear how she feels about it, though maybe vocalizing sadness over such an enormous tragedy is redundant. On Circles, she asks: Dont you hate when you hold a nigga down / Then he switch up on you / Turn out to be a clown? As in Aint Equal, she immediately moves to chest-puffing before the listener can focus on what shes just said. Her ultimate assessment of the ordeal? I aint in my feelings with it. Then, later, she advises, Never let a nigga see you sweat. In fact, the plainspoken pain of Jazmine Sullivans heartbreak anthem Holding You Down (Goin in Circles), sampled throughout the track, emotes more than Meg does.

Megan Thee Stallion performs on Saturday Night Live on October 3, 2020

Like Breonna Taylor, Meg has become a symbol of Black womanhood in America, and her recent public overtures demonstrate her support of this framing. In an October Saturday Night Live performance, she invoked Taylor and the Protect Black Women movement. Later that month, she wrote an op-ed in the New York Times about her experiences this year and her hopes that Black women will be reevaluated in the public imagination. And yet, despite all of the heaviness, Megs music is so lighthearted and joyous, almost as if in counterpoint to the darkness shes had to overcome. While fun, escapist fare, the album notably lacks the breadth of her other projects, such as the op-ed and the fantastical, provocative, politically outspoken live performances.

The juxtaposition between Megs music and her life is a bit jarring, but not surprising given her demonstrated interest in compartmentalization. Although shes been a populist hero, the schism where the shooting is concerned between those who believe her version of events and someone elses often skews according to gender; she is inspired by musical heavyweights but always reminds interviewers that her mom, who was also a rapper, is her greatest inspiration; at 25, Meg, who is hoping to finish her degree next year, has an old-school Black American reverence for a college education and a career that obviates the need for it. Meg is an artist whose music is alternately lauded and reviled for its explicitness, and yet the central event of her career, the shooting, so far is shrouded in mystery, a withholding not of her own making.

What she does is borrow from Lauryn Hill who remains the lodestar of womens rap music beginning her debut with the same bravado, that same battle cry. Shots Fired, a direct diss directed toward Tory Lanez and Kelsey Nicole, her exbest friend, immediately recalls Lost Ones, the opening salvo of Hills Miseducation, which is also a diss track aimed at a former lover, the musician Wyclef Jean. Where Lost Ones set up a record that would share admissions, express insecurities, and articulate triumph, hurt, confusion, nostalgia, and hope, Good News first two tracks, Shots Fired and Circles, function like clickbait. They suggest a candidness that never fully comes. The rest of the record doesnt live up to the gusto of those early compositions, but the first two songs provide some major missing information from the puzzle. In the first, Meg seemingly alludes to gossip reports that said Kelsey Nicole was in cahoots with Lanez for money and detailed the argument she had with Lanez the night she was shot.

Megs shooting has defied the reception of every other hip-hop artist whos been wounded before and after her.

According to Meg, Lanez shot her in the foot after a night of partying in the Hollywood Hills. Shed wanted to get out of an SUV she shared with him, Nicole, and her bodyguard, but Lanez allegedly fired at her feet to prevent her from walking away. He has denied that the event happened at all, and even released an album, Daystar, in September, doubling down on the denials hed made on Instagram and through his lawyers. In Money Over Fallouts, he vehemently denies that he did anything wrong, asking, Gotta see a couple questions: how the fuck you get shot in your foot, dont hit no bones or tendons? / How the fuck your team is trying to paint me as some whole menace? He claims that hes the subject of an industry-wide conspiracy perpetrated by Meg, Jay-Z, Megs boss at Roc Nation, her management firm, and the Illuminati. He likens himself to Chris Brown and digs deep into a well of debunked theories, claiming, They want the downfall of every Black man. (We never do learn who they are.) On the song A Woman, he draws a picture of Meg as an archetypal man-eater who betrayed him and turned his heart cold. Daystar is incoherent and devastatingly manipulative; its a concept album based on gaslighting.

After the shooting, months of speculation ensued in which Meg was forced to respond to Lanezs claims from his album and his social media dispatches. She was also compelled to respond to internet trolls who combed through all of the publicly available case materials, searching for examples of her supposed deception. As Allison P. Davis laid out in her GQ feature, In a year marked by undeniable success of Megan's own makingthe viral moments and omnipresent bops and joyous social media anticsthis lone and shitty incident (that she didn't create) has loomed persistently.

For almost as long as hip-hop has existed, the shooting has been an origin story or at least a mythic point of reference for scores of rappers. Artists either observed the specter of ambient gun violence or street hustling and were lucky enough to live and tell about it (Nas, Jay-Z, Black Thought, among many others); they themselves survived a shooting on their ascent, an event which became a part of their musical bildungsroman (50 Cent, the Game); or were killed by gun violence (Tupac Shakur, the Notorious B.I.G., XXXTentacion, Nipsey Hussle, Pop Smoke, King Von, Mo3).

The conventional thinking is that bearing witness to or experiencing violence is tragic yet depending on who you are and what you've done in the lead-up to a rap career, or based on the attention you get after you become famous not wholly unexpected. (After all, mercenaries lurk, just as fans do.) Still, to the cynical and uninitiated, that brush with death lends authenticity to the artistic endeavor; the idea is so clich in American culture that The Sopranos even spoofed it in one episode. The shooting story is so integral to the canon of rap narratives that its almost as if Joseph Campbells heros journey merged with the Roots satire of rap tropes in their hit single What They Do. The shooting narrative is a cultural analog to the arcade game staged by Suzan-Lori Parks in her Pulitzer Prizewinning play Topdog/Underdog, in which patrons pay to fake-assassinate a Black Lincoln impersonator. Parkss metaphor there was the allure and repulsion of history and Black peoples oddball figuration in all of it, as well as our relationships to savior figures and gatekeepers like Lincoln. The same can be applied to this experience and motif in rap. The shooting is an unfortunate, violent encounter with either a rappers own history-in-lyrics or a gimmick meant to prove ones hardiness or viability in the musical marketplace.

Knowing Megs devastating public history clues us into the ways that a conspiracy theory, and not just blind item gossip and paparazzi outside the airport, can be advanced in service of an attack on a formidable Black woman. Megs shooting has defied the reception of every other hip-hop artist whos been wounded before and after her. While the minor and major details of other rap-related shootings have been discussed and even sniggered at (Biggies ominous Tupac diss Who Shot Ya? for example) the question of whether a shooting happened has never actually been conjectured to this degree, if at all. Megs sampling of Who Shot Ya? on Shots Fired feels like an oblique commentary on this history. Whereas some shooting stories turn to rap origin tales, others morph into conspiracy theories like the idea that Tupac faked his own death. Its likely that Meg understands how her shooting can turn into that kind of overwrought, wrongheaded myth, and thats perhaps why shes so interested in deflecting more than explaining. On Circles, she demands, Shhh, cut the noise.

Megan Thee Stallion performs onstage at the Red Rocks Unpaused three-day music festival on Sept. 2 in Morrison, Colorado.

The survivors guilt that has characterized Megs life finds new resonance in the context of Good News. Its always been lonely at the top, but with her most recent losses including the deaths of her mother and grandmother and the less intense but potentially grievous ending of her friendship with Nicole you wonder if she feels even more alone now. She is the incredibly successful daughter of a mother who once rapped but never made it big. As Meg explained in her GQ profile, she is the remaining scion of a fierce matrilineal family. And now she has survived a shooting. Her brilliant contradictions might speak to her latent interest in surviving because contradiction might be the best way to carry all of yourself with you. Shes written an op-ed that delves into her shooting, recorded Instagram Lives detailing her trip to the ER and her subsequent medical imaging, posted a photo to Instagram of her bloodied foot, and yet many people still dont believe her. Shes talked to the press and had authentic if extremely vulnerable encounters with members of the media. When Meg spoke to GQ, she ended up breaking down when talking about her mother. Who wants to be that exposed all the time, especially when youre in the public eye?

One of Megs tweets from July is telling in this regard: Black women are so unprotected & we hold so many things in to protect the feelings of others w/o considering our own, she wrote. It might be funny to yall on the internet and just another messy topic for you to talk about but this is my real life and Im real life hurt and traumatized. Shes certainly aware of the ways that Black women in general and Black women rappers in particular have been so misunderstood. And perhaps shes not alone in responding as she has to the pressure; in a 2018 review of Nicki Minajs Queen, Lindsay Zoladz wrote for the Ringer about Minajs tepid subject matter, the searching work of a mature-minded female emceeis ground yet to be broken.

While I dont entirely agree I think that The Miseducation of Lauryn Hill is so mature-minded it debilitated its author; Jean Graes work, for example, has always been staggeringly probing and poignant; and Dreezy, a newer artist, magnificently goes for analysis of the self and society her insight is generally true. But look at why: For many of these women, sharing has not often resulted in the most charitable engagement. Lauryn Hills faux pas, her statements to the media, to concertgoers, and on Facebook, have been misconstrued, she says. (In one letter, she explains that what hasnt been touched upon by the media is the notion that it isn't possible to affect people in any deep and meaningful way without putting sacrificial time in.) In 2015, Nicki Minaj infamously shut down a New York Times Magazine profile with writer Vanessa Grigoriadis after the rapper objected to questions she felt were disrespectful. She was especially offended by the writers phrasing of a question about whether she thrived on drama. (Grigoriadis later admitted her own failure in that moment.) Meg has already seen how her vulnerability has been used against her. After all, Lanez used her mothers death as a way of defending himself on Friends Become Strangers, another Daystar lowlight.

And maybe the offerings from Meg, City Girls, Kash Doll, and the other women targeted by the stripper rap categorization feel more natural if you think of fame, like other exchanges, as inherently transactional. If raps popular artists have proved their mettle on being coldhearted and closed off to bullshit, then maybe the way to achieve the parity in Hills commercial and critical promise is to go toe-to-toe, eschewing regret and dolefulness for baguette-cut diamonds.

Women who make stripped-down music and claim they are unbothered, as Meg repeatedly describes herself on Good News, ideally reclaim a similar power held by their dude counterparts, who make the same references to stoicism, couching it in the velvety isolation of a strip clubs VIP section. The strip club, one of raps and increasingly pops stalwart proving grounds is a space that demands a kind of mental as well as physical gymnastics. It regularly requires psychological protection, the metaphorical version of the mask-wearing many of us have done this year. This music is two sides of the same coin, or, rather, two sides of the same dollar bill rained down on a dancer and then scrupulously shoveled up.

While I think labeling Megs and anyones work as stripper rap is far too simplistic, she is stylistically in the wheelhouse of the other artists criticized for that approach, and borrows the steely veneer needed to prosper in that subgenre. On Whats New, she sneers, Wish I would let a ho in my business / Quit askin bout these niggas; the link between no questions asked discretion and the albums media theme become clearer. So instead of being publicly vulnerable and shamed or mocked for her imperfect feelings (and timing) or being subjected to voyeurism, as Hill has, Meg, with Good News, has released a 17-track prepared statement from her mind, her hearts publicist. (If my heart broke, its nothin that my jeweler wont fix / Put some ice on my chest just to cool my shit / And I keep me a fur cause Im a real cold bitch, she raps on Do It on the Tip.) In lieu of cathartic release, we get something like a press release, ensuring a tightly controlled, unbothered image.

In this light, the album title is shrewd, and perhaps a play on the old adage no news is good news. In the wake of a devastating year, Meg has retreated on this record behind an old Hollywood PR system of her own creation; that is to say, if shes making any news, shell break it herself. The rappers refusal to say more might be her way of modeling what shes asked the country to do this summer: Protect Black women. In this case, shes looking out for herself by keeping key feelings close to the chest. In a way, shes saying about her feelings what media-trained entertainers have learned to reply, like gangsters parroting the Fifth Amendment: No comment.

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Megan Thee Stallions Good News Didnt Give Us The Answers We Wanted - BuzzFeed News

SCOTUS will decide whether allowing union access to property is unconstitutional taking – ABA Journal

U.S. Supreme Court

By Debra Cassens Weiss

November 16, 2020, 12:10 pm CST

Image from Shutterstock.com.

The U.S. Supreme Court on Friday agreed to decide whether allowing union organizers to access private property for part of the year amounts to a physical taking of property that violates the Fifth Amendment.

The Pacific Legal Foundation is representing two produce growers, the Cedar Point Nursery and the Fowler Packing Co., that are challenging a California regulation permitting union access to their property, according to press releases here and here. The regulation allows union officials to spend up to three hours per day, 120 days per year on employer property to recruit union members.

According to the cert petition, the issue in the case is whether the government may avoid the Fifth Amendments requirement to pay just compensation merely by placing time restrictions on an easement. The case is Cedar Point Nursery v. Hassid.

The 9th U.S. Circuit Court of Appeals at San Francisco had upheld the regulation, holding that it did not constitute a permanent property invasion requiring compensation. Under the 9th Circuit rule, governments could avoid a duty to pay just compensation by limiting easements to particularly high-value times, according to the growers cert petition.

After all, the right to enter [the growers] properties during nighttime hours when no workers are present would be useless to the union. The same is true for beach access easements, which governments would be happy to limit to daylight hours if they could evade a categorical duty to compensate by doing so, the Supreme Court said.

SCOTUSblog, Law360 and the San Joaquin Valley Sun are among the publications covering the cert grant.

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SCOTUS will decide whether allowing union access to property is unconstitutional taking - ABA Journal

Supreme Court: The huge implications of a new union-busting case – Vox.com

The Supreme Court announced on Friday that it would hear Cedar Point Nursery v. Hassid, a case targeting a 45-year-old California regulation that allows union organizers to briefly enter agricultural workplaces to speak to farmworkers. But the case has implications that stretch well beyond labor organizing. Among other things, Cedar Point could potentially allow businesses to deny entry to health inspectors and other government officials who ensure that those businesses are being operated safely.

The Fifth Amendment provides that private property shall not be taken for public use, without just compensation. The Cedar Point plaintiffs argue that this takings clause gives them a broad right to exclude unwanted persons from [their] property, including union organizers and that property owners are entitled to compensation if this right is violated by a state regulation.

If the Supreme Court were to hold that the government may not require a business to allow unwanted people on its premises, the implications could be staggering. It could mean, for example, that the government runs afoul of the takings clause if it requires restaurants to submit to periodic health inspections, or if it requires power plants to be inspected to monitor their emissions, or if factories are required to allow workplace safety inspectors to observe working conditions.

A victory for the Cedar Point plaintiffs could potentially endanger a wide range of land use regulations such as requirements that certain buildings install sprinkler systems to prevent a fire from spreading, or requirements that buildings in earthquake-prone areas be built to protect occupants from such quakes.

The Court could also potentially hand down a narrower ruling that singles out unions for inferior treatment. In Janus v. AFSCME (2018), for example, the Supreme Court voted along party lines to forbid public sector unions from charging certain fees to non-union members who benefit from the unions services. But the Court has, at least so far, not applied Janus to non-unions that charge similar fees.

A broad decision in Cedar Point, meanwhile, could fundamentally reshape the balance of power between the government and private property owners. And it could do so in ways that dont simply endanger workers rights but that could also potentially make all of our lives less safe.

The specific regulation at issue in Cedar Point, as Harvard Law professor Niko Bowie noted on Twitter, was the product of a years-long campaign by Csar Chvez and the United Farm Workers. Promulgated in 1975, this regulation gives union organizers limited access to agricultural worksites, provided that those organizers disclose to the employer that they intend to enter a particular worksite.

Briefly, the regulation allows organizers to enter a worksite and speak to farmworkers for up to three hours a day the hour before the start of work, the hour after the end of work, and the period when the workers break for lunch. Before a union may take advantage of this regulation, however, it must notify the government and the employer that it intends to do so. After filing the appropriate paperwork, the union then gains limited access to a worksite for up to 30 days. A union may invoke this right to enter a particular worksite up to four times a year.

Thus, union organizers are allowed on an agricultural employers property for a maximum of 120 days a year, and only for a maximum of three hours on any given day.

The Supreme Courts cases distinguish between per se takings, which are cases involving particularly significant intrusions on a persons property that are entitled to special constitutional protection, and regulatory takings, where landowners rights are more limited.

Property owners who are subject to a per se taking typically win their suit, while property owners who allege a mere regulatory taking are far less likely to prevail even if the plaintiffs in a regulatory takings case challenge a land use regulation that imposes significant limits on how they can use their property. In one classic regulatory takings case, for example, the Supreme Court upheld a New York City law that prevented the owners of the Grand Central train station from constructing a high-rise office building on top of the terminal.

Fairly few cases, moreover, qualify as per se takings. Under the Courts existing precedents, unless a particular law either deprives a property owner of all economically beneficial or productive use of their property, or subjects the property owner to a permanent physical occupation of their land, the law is not a per se taking.

Given this existing framework, Californias farmworker access rule should not qualify as a per se taking. Though the goal of a unionization drive is typically to pressure an employer into paying higher wages to their workers, the mere presence of union organizers at a workplace does not deprive an employer of all economic use of their property. Similarly, the California regulation does not give union organizers the right to permanently occupy an employers land it only lets them enter that land for a few hours a day, and for only four months of the year.

The Cedar Point plaintiffs, however, ask the Court to expand its definition of what constitutes a per se taking to include many regulations that merely allow an unwanted person to enter a landowners property temporarily.

Although the California regulation does not permit union organizers to permanently occupy an employers land, the Cedar Point plaintiffs argue that the regulation grants unions a permanent right that they can invoke against certain landowners (known as an easement in the parlance of property law). Thus, the plaintiffs argue that this case should be deemed a per se taking because the California regulation is itself permanent.

If the Supreme Court embraces this theory, however, the implications could stretch far beyond union organizing.

Imagine, for example, a city ordinance that provides that all restaurants shall permit a government health inspector to enter their business once every three months, to inspect the property for health code violations. This hypothetical ordinance resembles the California regulation in that it only permits an unwanted person to enter a businesss property occasionally, but it also grants health inspectors a permanent power to enter into that property once every quarter.

If the California regulation violates the takings clause, then its hard to see how this health inspection ordinance or any other law that requires businesses to periodically allow a government worker to inspect their property doesnt also run afoul of the Fifth Amendment.

Moreover, if the Court does expand its definition of what constitutes a per se taking that is, what constitutes a permanent physical occupation of land then such a decision could have profound implications for virtually any land development project. Fairly basic laws requiring developers to install illuminated exit signs in their buildings or to construct those buildings using sturdy, architecturally sound materials could potentially run afoul of the takings clause.

After all, if it is a permanent physical occupation of land to permit a union organizer to temporarily enter an employers property for a few hours a day, then why isnt it a permanent physical occupation of land to actually require a developer to install a permanent physical structure inside one of their buildings?

Thus, if the Supreme Court. with its 6-3 conservative majority, decides to limit the rights of unions in Cedar Point, it could open up a can of worms that could jeopardize a long list of land use laws. At the very least, its hard to distinguish the California regulation from any law permitting government inspectors to investigate whether a business is complying with health, safety, or labor laws.

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Supreme Court: The huge implications of a new union-busting case - Vox.com

Undersheriff indicted in concealed-gun permit probe – Thehour.com

Updated 7:43pm EST, Friday, November 20, 2020

SAN JOSE, Calif. (AP) Santa Clara County's undersheriff has been indicted by a grand jury for his alleged role in a scheme to trade concealed weapons permits for donations to the sheriff's 2018 re-election campaign.

Undersheriff Rick Sung, a fierce supporter of Sheriff Laurie Smith, is the fifth person and second commander in the agency to be indicted in what has become the biggest political scandal in recent Santa Clara County history, the Mercury News reported Friday.

Sungs attorney, Chuck Smith, said Friday that he was seeking information from the district attorneys office.

I dont know what the counts are or what the charges are, he said. I dont really understand whats going on, other than that there was an indictment.

Smith, who has the sole statutory authority in her office to issue the concealed-carry weapons permits, has not been charged, and along with Sung invoked her Fifth Amendment rights against self-incrimination to a criminal grand jury in August.

Details about the indictments were not readily available Friday, including whether Sung and other sheriffs officials and staff were called to testify to the latest grand jury. Transcripts for the proceedings, if not sealed, could be available in a few weeks.

In its statement Friday, the sheriffs office acknowledged the indictment. Undersheriff Sung has been placed on administrative leave and we continue to cooperate with the District Attorneys Office, the statement reads.

The indictment also included an additional charge against key defendant Capt. James Jensen, who investigators describe as a linchpin in the alleged conspiracy.

Sung and Jensen operated as de facto campaign staff when Smith was up for re-election. They both rapidly climbed to the upper ranks of the sheriffs office, with Sung being named undersheriff and Jensen rising from sergeant to lieutenant to captain in just over two years.

The original August conspiracy and bribery indictment alleges that Jensen, attorney and political fundraiser Christopher Schumb, attorney Harpaul Nahal and local gun-maker Michael Nichols arranged to get up to a dozen concealed-carry weapons permits to agents with the executive security firm AS Solution. In exchange, the firm gave $90,000 in donations to groups that supported Smith in a contentious 2018 re-election campaign, the newspaper reported.

Jensen, Schumb, Nahal and Nichols pleaded not guilty and invoked their right to a speedy trial. But the case has been halted while the Sixth District Court of Appeal considers a defense petition seeking to oust District Attorney Jeff Rosen and his office from the case because of his past friendship with and fundraising support from Schumb.

State law gives sheriffs and police chiefs sole discretion on how the permits are issued.

Smith has long been dogged by criticism alleging her office has issued the permits to political donors, prominent officials and other VIP types.

office.

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Undersheriff indicted in concealed-gun permit probe - Thehour.com

The 3 Norms Trump Could Still Break – The Atlantic

I would be surprised if [Trump] doesnt try it, Andrew Weissmann, one of the lead attorneys in the Mueller investigation, told me.

Theres another, more labyrinthine path to a pardon: He can try to wrangle one from Mike Pence. Trump could temporarily make Pence the president by invoking the Twenty-Fifth Amendment. After Pence grants the pardon, Trump could demote him and reclaim the presidency. (The gambit wouldnt necessarily survive a legal challenge. The amendment envisages a president who is incapacitated, not one who is scheming to evade punishment.)

Alternatively, Trump could resign in the hours before his term expires at noon on January 20, making Pence president just long enough to pardon him. Would Pence go along? If he wants to be president in his own rightfor more than a few hourshe might balk at a plan that could spoil any thought of a comeback in 2024. President Gerald Ford lost reelection in 1976 in part because of the uproar over the pardon he gave Nixon. The question is, does Mike Pence want a future or not? Margaret Love, a Justice Department pardon attorney in George H. W. Bushs and Bill Clintons administrations, told me.

Trump could more easily pardon old allies, because theres nothing to stop him from doing so. Two potential recipients are Paul Manafort, his former campaign chairman who was convicted in 2018 of tax and bank fraud in Muellers investigation, and Roger Stone, a longtime friend who was convicted of obstructing the House inquiry into Russian election interference. Trump has already commuted Stones sentence, keeping him out of prison.

I do think that hes going to hand out a lot of pardonsespecially to those who are close to him, John Brennan, a former CIA director in the Obama administration and the author of the new book Undaunted, told me.

Trump could try to ditch important records.

There are plenty of records stored at the White House that Trump may not want his successor, Congress, or the public to ever see: Emails involving his impeachment. Memos about officials hes fired. Transcripts of conversations with Vladimir Putin or Kim Jong Un.

Before he leaves, he could ask that records be destroyed or hidden so that the incoming Biden administration wont know where to find them, some lawmakers and good-government groups worry. Trump has already refused to grant Biden the intelligence briefings that a president-elect normally receives during the transition period.

This is an administration that shows nothing but disdain for the rule of law, Schiff said. You have to be deeply concerned about whether they will abide by federal records laws. I can only hope that the career civil servants understand its their legal and moral obligation not to destroy documents and not to make themselves a party to it even if asked to do so by political appointees.

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The 3 Norms Trump Could Still Break - The Atlantic