Sarah Mahmood  //  4/13/17  //  Daily Update


Hawaii has asked the Ninth Circuit for full court review of the revised travel ban. Legal disputes over Russia and Syria have grown more heated. The Trump Administration appears prepared to re-prioritize healthcare reform.  Clashes over Trump's border wall and climate change policies persist.  And DOJ has recently filed a brief that directly contradicts its arguments in the D.C. Circuit for concluding that the CFPB is structured in an unconstitutional manner.  

 

IMMIGRATION

Hawaii asked the Ninth Circuit for full court review of President Trump’s revised travel ban (LA Times).

  • ACLU chapters have sued DHS for information about the revised travel ban (The Hill).

Attorney General Jeff Sessions has instructed federal prosecutors to make criminal immigration offenses a priority (ABA Journal).

The Trump administration is forging ahead quickly in its efforts to assemble a nationwide deportation force, reports David Nakamura (WaPo).

Sexual abuse and harassment in immigrant detention goes largely uninvestigated, writes Tina Vasquez at Rewire.

The National Immigration Project has offerred practical guidance on defending against ICE courthouse arrests (Immigration Prof Blog).

 

CIVIL RIGHTS

Sean Spicer's deplorable remarks about the Holocaust must be seen in the context of Trump Administration on policiesSyria and immigration, explain Joshua Matz and Leah Litman on Take Care.

Health and Human Services may effectively eliminate contraception coverage under the Affordable Care Act through redefining what constitutes women’s preventative services, argues Christine Grimaldi (Rewire).

The Trump Administration’s proposal to eliminate federal financing for the Legal Services Corporation will have grave consequences for low-income citizens, writes Dorothy Samuels at The American Prospect.

 

DEMOCRACY

Melania Trump settled a libel suit against the Daily Mail in England, winning an undisclosed sum in damages (WaPo, NYT, BBC).

Trump has undermined public trust in the media, writes Erik Wemple (WaPo).

 

JUSTICE & SAFETY

Criminal justice reform cannot succeed without accounting for disability rights, explains Eve Hill on Take Care.

Russia vetoed a UN resolution, drafted by the US, the UK, and France, condemning the use of chemical weapons in Syria last week and urging that Bashar al-Assad comply with international investigators (Reuters, CNN).

There should be protocol or standardized expectation governing the executive’s disclosure of legal posture and process relating to military actions, urges Bob Bauer at Lawfare.

The alleged use of sarin in Syria provoked a different response from Trump than other chemical weapons, notes Dan Lamothe (WaPo).

International law has failed to clearly address humanitarian intervention in Syria, argues Rebecca Ingber (Just Security).

  • Proposals to erode the U.N. Charter system fail to consider that the international legal system is likely incapable of making nuanced use-of-force distinctions, writes Ingrid Wuerth at Lawfare.

Contradicting a campaign promise, Trump said he would not label China a currency manipulator (WSJ).

Noting NATO’s anti-terror efforts, Trump reversed his campaign position and said the organization is no longer obsolete (CNN).

 

CONFLICTS OF INTEREST

The Trump Organization has been filing trademark applications at an increased rate since Trump’s election in November (NYT).

Paul Manafort created a shell company that received $13 million in loans from companies with ties to Trump, the same day he resigned from the Trump campaign after controversy over his financial dealings in Ukraine (NYT).

Kellyanne Conway's personal connections to anti-abortion groups may result in "ready access" to Trump (Rewire).

 

REGULATION

DOJ has recently filed a brief contradicting its constitutional arguments against the CFPB, explain Deepak Gupta and Jon Taylor on Take Care.

The Center for Biological Diversity is suing the Trump administration over its proposed border wall for violating laws protecting endangered species (The Hill).

Reversing course, the Trump administration is now prioritizing the repeal of the Affordable Care Act over reforming the tax code (WaPo).

NYT presents an interactive look at how Trump can dismantle key provisions of the Affordable Care Act without Congress.

Environmental groups filed a motion to intervene in a lawsuit filed by fossil fuel groups asking the Environmental Protection Agency to delay or reconsider a rule that would further regulate chemical plants (CNN).

Federal Reserve appointments shouldn’t be politicized, urges Robert Rubin in the NYT.

Many states have come to the defense of the CFPB's pre-paid account rule (CFPB Monitor).

Education Secretary Betsy DeVos has weakened consumer protections for student loan borrowers (WaPo).

 

RUSSIAN INTERFERENCE

Trump’s abrupt shift to a diplomatic clash with Russia suggests unpredictable relations ahead (NYT).

 

And that's our update today!  Thanks for reading.  We cover a lot of ground, so our updates are inevitably a partial selection of relevant legal commentary.  

If you have any feedback, please let us know here.


Daily Update | December 23, 2019

12/23/19  //  Daily Update

Speaker of the House Nancy Pelosi and Senate Majority Leader Mitch McConnell seek to leverage uncertainties in the rules for impeachment to their advantage. White House officials indicated that President Trump threatened to veto a recent spending bill if it included language requiring release of military aid to Ukraine early next year. The DHS OIG said that it found “no misconduct” by department officials in the deaths of two migrant children who died in Border Patrol custody last year. And the FISA court ordered the Justice Department to review all cases that former FBI official Kevin Clinesmith worked on.

Emily Morrow

Harvard Law School

Daily Update | December 20, 2019

12/20/19  //  Daily Update

Speaker Nancy Pelosi indicated the House will be “ready” to move forward with the next steps once the Senate has agreed on ground rules, but the House may withhold from sending the articles to the Senate until after the new year. Commentary continues about the Fifth Circuit's mixed decision on the status of the ACA.

Emily Morrow

Harvard Law School

Daily Update | December 19, 2019

12/19/19  //  Daily Update

The House of Representatives voted to impeach President Trump. Some Democrats urge House leaders to withhold the articles to delay a trial in the Senate. Meanwhile, the Fifth Circuit issues an inconclusive decision about the future of the ACA, and DHS and DOJ proposed a new rulemaking to amend the list of crimes that bar relief for asylum seekers.

Emily Morrow

Harvard Law School