Derek Reinbold ,  //  4/20/17  //  Daily Update

Constitutional law scholars filed an amicus brief in the Fourth Circuit travel ban appeal.  The first DACA-enrolled immigrant known to be deported under President Trump sued for details of his deportation.  The White House denied misleading the public about sending an aircraft carrier toward North Korea.  And Exxon Mobil has reapplied for a waiver from U.S. sanctions on Russia. 



Constitutional law scholars, represented by Joshua Matz of Take Care, filed a brief in the Fourth Circuit travel ban appeal, arguing that the ban violates the Establishment Clause prohibition against governmental action based on animus toward particular religions.

  • The brief can be found here.

Caroline Corbin breaks down the issue of mixed motives in the Establishment Clause context with regard to the travel ban (Just Security).

The first DACA-enrolled immigrant known to be deported under President Trump sued for details of his deportation (ABAJournal) (LA Times).

Stephanie Leutert at Lawfare documents the shifting goals the Trump Administration has for its proposed border wall, and discusses the political, legal, and budgetary fights ahead.

Chief Justice of the California Supreme Court Tani Cantil-Sakauye argues that courts are not the place for immigration enforcement, in an op-ed for the Washington Post.

The Trump family’s businesses have “made use of virtually every part of the US immigration system,” according to a new report by CNN.



The Administration may already have the necessary technology to establish a so-called “Muslim Registry,” Ryan Hayward argues for Take Care.

The Trump Administration is doing violence to sensible gun policy, argue Leah Litman and Helen Klein Murillo in Part Four of the Information Wars Series on Take Care.



Jonathan Taylor writes for Take Care that there is unquestionably standing in CREW’s Emoluments Clause suit after the addition of two new plaintiffs.

Exxon Mobil has reapplied for a waiver from U.S. sanctions on Russia, having initially applied in 2015 when Secretary of State Rex Tillerson was CEO (WSJ).



Secretary Tillerson compared Iran to North Korea in public remarks and offered strong criticism of the Iran nuclear deal (WaPo).

The White House denied misleading the public about sending an aircraft carrier toward North Korea (WaPo).

  • Doyle McManus argues that the Trump Administration has executed a “diplomatic pivot” on North Korea that could lead to negotiations (LA Times).

Rachel Kleinfeld at Just Security describes a speech by Department of Homeland Security Secretary John Kelly at George Washington University as “stunning for its indifference to facts, accountability, and democratic oversight.”

Jennifer Rubin argues in the Washington Post that President Trump is “ignorant and deluded about crime.”

President Trump’s approach to national security is described as “security theater” by Steve Chapman at the Chicago Tribune.

One month after the Trump Administration requested that all remaining U.S. attorneys immediately resign, Attorney General Jeff Sessions has not filled any of the positions (ABAJournal).

The strike on Syria was a violation of the UN Charter, but “no one seems to care,” writes Julian Ku at Vox.

A Senate Judiciary Subcommittee convened a hearing on the use of the term “radical Islam” in government documents (Brennan Center).



Trump adviser Carter Page reportedly first drew F.B.I. interest after delivering a Russia-friendly speech in Moscow last July (NYT).

Ryan Lizza reports on the fallout from the Trump Administration and House Intelligence Committee Chairman Devin Nunes’s efforts to “manufacture a fake” wiretapping scandal (New Yorker).

Mary McCord, who has helped oversee the Justice Department’s probe into Russian interference in the presidential election, is leaving the federal government (The Intercept).



The Trump inaugural committee filed a 510-page disclosure report with the Federal Election Commission showing dozens of donations over $1 million dollars to President Trump’s inauguration, including $5 million from casino magnate Sheldon Adelson (NYT).



The Environmental Protection Agency took the first step in undoing an Obama-era rule limiting methane emissions at oil and gas drilling sites (The Hill).

  • The Trump Administration is also considering whether to change two major Obama Administration air pollution regulations, including the Mercury and Air Toxics Standards rule at issue in Michigan v. EPA (The Hill).

A top House Republican and a Washington lobbying group are working to pass a financial regulation bill that could end most corporate climate resolutions (ClimateWire).

Chairman of the Federal Communications Commission Ajit Pai has taken the next steps to roll back Obama-era rules regulating the telecommunications industry (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.  

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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