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 22, 2019

5/22/19  //  Daily Update

The power struggle between the Trump Administration and Congress continues: The Democratic House moves towards impeachment, while two federal judges reject the President’s assertions of privilege. The President will appoint Ken Cuccinelli, a former Virginia attorney general and vocal anti-immigration hardliner, as his new immigration czar.

Adam Smith

Harvard Law School

Daily Update | May 21, 2019

5/21/19  //  Daily Update

The White House instructed former counsel Donald McGahn to ignore a subpoena from House Democrats to testify on Tuesday morning, citing an OLC opinion. A federal judge in DC upheld a subpoena from House Democrats to accounting firm Mazars for President Trump’s financial records. ICE is detaining more than 52,000 immigrants in jails around the country, an apparent all-time record. Assisted reproductive technology may disrupt traditional ideas about maternity on which abortion law and discourse rests. President Trump said he currently sees no threatening actions from Iran, but that the U.S. “will have no choice” but to respond if that changes. The president’s stated preference for acting cabinet secretaries is bad governance and bad for national security. The EPA plans to change how it calculates the health risks of air pollution, resulting in fewer projected deaths from the rollback of the Clean Power Plan.

Nicandro Iannacci

Columbia Law School

Daily Update | May 20, 2019

5/20/19  //  Daily Update

The federal government’s ban on spending federal funds on abortions means that Medicaid recipients cannot access abortion, creating a burden on women of color and women living in poverty. A new rule proposed by the Trump administration would prohibit families from obtaining subsidized housing if any family member is undocumented. The Fourth Circuit found that the Trump administration’s decision to rescind DACA was arbitrary and capricious – and therefore unlawful – because it was not adequately explained and the administration did not address the impact of this decision on DACA-recipients’ reliance interests. The White House has released a new tool to solicit information from people who believe that their social media posts have been censored by politically biased social media companies.

Karen Kadish

Columbia Law School