Abigail DeHart  //  4/10/19  //  Daily Update


President Donald Trump’s "dramatic purge of Homeland Security leaders" helps clear the way for him to new steps to curb illegal immigration. A U.S. district court in California blocked President Trump’s policy of returning asylum seekers to Mexico to wait out the processing of their cases, ruling that the D.H.S. had overstepped its authority. The DOE’s civil rights division is requiring the Texas Tech University system to end its use of race in admissions decisions. President Trump exploited the Federal Vacancies Reform Act to bypass not only the Senate’s advice-and-consent role, but also the ordinary line of succession within a critical government agency. Congress can probably force President Trump to turn over his tax returns, but it is legally complicated.

 

TRUMP: INVESTIGATIONS & LITIGATION

Congress can probably force President Trump to turn over his tax returns, but it is legally complicated (Vox).

 

IMMIGRATION

President Donald Trump’s "dramatic purge of Homeland Security leaders" helps clear the way for him to new steps to curb illegal immigration, argue Ted Hesson, Anita Kumar and Nancy Cook.

A U.S. district court in California blocked President Trump’s policy of returning asylum seekers to Mexico to wait out the processing of their cases, ruling that the D.H.S. had overstepped its authority (NPR; Politico).

  • The order can be found here.
  • Further analysis of this decision can be found here.

 

CIVIL RIGHTS

The DOE’s civil rights division is requiring the Texas Tech University system to end its use of race in admissions decisions (WSJ).

  • The Resolution Agreement can be found here.

 

REGULATION

The NLRB made it even easier for law-breaking employers to avoid meaningful consequences for their actions, writes Andrew Strom at On Labor.

 

CHECKS & BALANCES

President Trump exploited the Federal Vacancies Reform Act to bypass not only the Senate’s advice-and-consent role, but also the ordinary line of succession within a critical government agency, contends Steve Vladeck at Lawfare.

 


Daily Update | May 30, 2019

5/30/19  //  Daily Update

Special Counsel Robert Mueller delivered a statement regarding the Russia investigation. Mitch McConnell says that Republicans would fill a Supreme Court vacancy in 2020 even if it occurs during the presidential election. A recent decision from AG Barr may deprive asylum seekers from a key protection against prolonged imprisonment. A federal judge has agreed to put the House subpoenas for the President’s banking records on hold while he appeals a ruling refusing to block them.

Hetali Lodaya

Michigan Law School

Daily Update | May 29, 2019

5/29/19  //  Daily Update

The Trump administration will soon intensify its efforts to reverse Obama-era climate change regulations by attacking the science that supports it. The Supreme Court upheld an Indiana law regulating the disposal of fetal remains, effectively punting on a major abortion rights decision. The Court also declined to hear a challenge to a Pennsylvania school district’s policy of allowing students to use the restroom that best aligns with their own gender identity on a case-by-case basis.

Kyle Skinner

Harvard Law School

Daily Update | May 28, 2019

5/28/19  //  Daily Update

Days after ordering an additional 1,500 troops to the Middle East, President Trump announced the Administration is not seeking a regime change in the country. Isolating himself from his allies and advisors, President Trump sided with North Korean leader Kim Jong Un, declaring he did not think North Korea’s missile tests violated the UN resolution. Due to a surge in border crossings, the Administration is sending up to 3,000 migrants every week for processing in cities outside of their original points of entry. Transgender rights advocates intend to fight the Administration’s proposed rule change that would make it easier for doctors to refuse care to transgender patients.

Mackenzie Walz

University of Michigan Law School