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Articles by James J. Dickey
Ep. 130: Minnesota Educators, PELSB, and Freedom of Religion
PODCAST September 6, 2024 38 min Joseph BackholmJames Dickey What is going on for teachers in the land of 10,000 lakes? Host Joseph Backholm is joined by senior attorney at the Upper Midwest Law Center, James Dickey, for a conversation unpacking what teachers are going through in Minnesota.
What to Read Next: Appalachia Edition
What to Read Next: Appalachia Edition One of the most intriguing and misunderstood regions in our nation is Appalachia. With books like Hillbilly Elegy and Appalachian Reckoning presenting their sides of what the world should understand about Appalachia and its people, we know this area is top of mind. This list has a few of our favorite Appalachian stories, from the poignant to the magical and beyond. Please enable javascript to add items to the cart.
Letter: Why Point MacKenzie?
Reading about the plan to build a new pipeline to tie Point MacKenzie into the natural gas distribution network, I’m curious about the selection of Point Mac for this facility. There is currently an idle LNG (export) facility in Nikiski that is already tied into the natural gas pipeline network. One would think that that export facility could be repurposed for import much more cheaply than building a new import facility and pipeline in Point MacKenzie.
Opinion: Texas Needs to Take Action Against CCP-Connected Temu for Harvesting our Private Data
The greatest single international threat to the United States is the Chinese Communist Party (CCP). Many Texans have interacted with the Chinese-owned app “TikTok,” and users know of the data security and privacy concerns that come with the social media app, which is why it was recently banned in the United States. Prior to that, Texas led the charge when Governor Abbott banned the app on any state-issued devices.
Emergency powers law needs changes to prevent governors from seizing lawmakers' power
While the pandemic may seem old news for some people, the courts are just finally now getting around to deciding essential issues related to our personal liberties and constitutional rights. The wheels of justice often turn slowly, and you can never take your eye off of the ongoing battles in the courtroom. It is often that courts have to finally decide things years after the heat of the political battles has ended. The work remains essential.
Court revives case alleging DHS discrimination against Christian employee
On March 21, 2024, the federal Eighth Circuit Court of Appeals reversed the federal District of Minnesota’s dismissal of a discrimination and retaliation case where the Upper Midwest Law Center’s client, Aaron Norgren, had objected to the Minnesota Department of Human Services’ mandatory critical-race-theory and gender-nonbinary “trainings” and was later refused the chance to interview for a promotion. Aaron Norgren was a security counselor at the DHS’s St. Peter MSOP facility.
James Dickey: Gov. Walz fails to defend COVID-19 emergency declaration
This episode of the Minnesota Law Report comes to you direct from just outside the steps of the Minnesota Supreme Court. On Feb. 8, when the episode was recorded, I had just argued on behalf of the Upper Midwest Law Center and our clients in the landmark case Snell v. Walz, which challenges whether Gov. Tim Walz had the authority to issue a peacetime emergency related to COVID-19 in the first place.
James Dickey: The trifecta's agenda is losing 'bigly' in court
Many in the governing trifecta have celebrated the 2023 session, and some like Gov. Tim Walz have even boasted about “burn[ing]” “political capital.” But the federal courts have issued preliminary injunctions against one unconstitutional law after another from last year’s session. As the legislature gears up for what will almost certainly be a controversial second half of the 2023-2024 biennium, it’s worth examining the trifecta’s spotty record in court.
James Dickey: The Minneapolis City Council refuses to deal in reality
Many eyes have been directed at chaos around the world and failed attempts to remove Donald Trump from presidential ballots, but one local item has also featured in the news: the Minneapolis City Council’s utter failure to fund the Minneapolis police force. As many of you already know, back in 2020, we at the Upper Midwest Law Center brought a lawsuit called Spann v. Minneapolis City Council against the defunding and dismantling of the Minneapolis police.
James Dickey: Minnesota college students forced to fund left-wing speech
State law and the Minnesota State Colleges and Universities system forces students to pay fees tacked onto their college credits to bankroll a far-left organization that claims to speak on behalf of all students across the state of Minnesota.
DICKEY: It’s Time Medicare Offered Obese Americans Assistance | texasinsider
With the medical knowledge we possess today, continued inaction would be negligent By James Dickey AUSTIN, Texas (Texas Insider Report) — In 2003, President George W. Bush spearheaded a significant expansion of Medicare – the inclusion of prescription drug coverage. As we mark the 20-year milestone of this additional coverage, let's also contemplate what is still missing, and what the next two decades might require.
James Dickey: The flimsy legal theory seeking to keep Trump off the ballot
The following is a transcript from Minnesota Law Weekly, a podcast from the Upper Midwest Law Center (UMLC). Today, we are discussing the recent petition filed in the Minnesota Supreme Court seeking to keep former President Donald Trump off of Minnesota’s 2024 primary and general election ballots, and also UMLC’s new case against the “Don’t Say Felon” speech code created by the legislature to shut down certain political speech in the days leading up to Minnesota elections.
James Dickey: Government can't use its investigatory power to punish citizens' speech
The following is a transcript from Minnesota Law Weekly, a podcast from the Upper Midwest Law Center. Today, we are giving you a series of updates on progress in some of our cases. As you will see, we are keeping busy to safeguard your rights and our rule of law. First, Dr. Scott Jensen versus the Minnesota Board of Medical Practice. As many of you already know, we filed a lawsuit against the Minnesota Board of Medical Practice and its members earlier this summer.
The promise of colorblindness in the law, realized
On June 29, the U.S. Supreme Court made a groundbreaking decision which will directly impact Minnesota’s government institutions and universities. In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Court struck down the race-preferential “affirmative action” policies of Harvard and the University of North Carolina. In doing so, the Court returned school admissions in the United States to the “colorblindness” required by the Constitution.
James Dickey: UMLC receives victory in election integrity lawsuit
Today is the first part of a two-part episode of Minnesota Law Weekly, as we have news from one of UMLC’s cases decided by the Minnesota Supreme Court, as well as lots from the end of the Legislative Session. Let’s start with some breaking news from the Minnesota Supreme Court. The Court made a significant ruling last week mostly in favor of the Upper Midwest Law Center and our client, the Minnesota Voters Alliance.
James Dickey: The DFL's speech code will fail in court
Today, we are talking about portions of House File 3, the omnibus election policy bill, which we have already discussed in part on this program. Today, we will take a closer look at the so-called “deceptive practices” part of the bill. We will also look at the Legislature’s change to campaign finance law to work around the 2010 Supreme Court case in Citizens United.
James Dickey: Legislators plan to fundamentally transform education
The legislature has been moving fast and furious to take a narrow margin of control in both houses of the legislature to fundamentally change major Minnesota laws and policies. Education law has not been spared that treatment, as bills are passing granting money based only on race, and requiring CRT in Minnesota schools as a fundamental principle in our education standards and curricula.
Dickey: U.S. needs policies that strengthen innovation during high-stakes tech race with China
U.S. tech innovators have helped America’s towns and small businesses grow and thrive by enabling companies to serve – or be based in – corners of the country that simply weren’t accessible before. And when it comes to our national security, U.S. tech helps ensure our military can rely on American-developed technologies. But our technological advantage – and the economic and national security benefits that come with it – is in jeopardy.
States Overstepping the Constitutional Bounds in Religious Activities as Demonstrated in Abington v. Schempp
Keywords constitutional bounds, Religious Activities and Law, Abington v. Schempp Abstract Do states overstep constitutional bounds when they conduct religious exercises? This is the question argued before the Supreme Court in 1963 in the landmark case School District of Abington Township, Pennsylvania, et al. v. Edward Lewis Schempp et al. (Abington v. Schempp) (374 U.S. 203). This paper will answer the previously asked question by addressing the following areas as they relate to the Abington v.
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