Julia Sherman, Christina Ford  //  8/10/17  //  Daily Update


The Trump Administration indicated in its latest brief in the Ninth Circuit that it will go back to the Supreme Court if parts of its revised entry ban is not restored soon. Two LGBTQ rights groups are suing the Trump Administration over President Trump’s transgender service ban. The Labor Department is seeking to delay an Obama-era fiduciary rule for investment advisors. The White House has selected its top choices for key U.S. Attorney posts; among the candidates are partners of Rudy Giuliani and President Trump’s personal lawyer.

 

IMMIGRATION

The Trump Administration indicated in its latest brief in the Ninth Circuit that it will go back to the Supreme Court if parts of its revised entry ban is not restored soon (Lyle Denniston Law News).

  • The reply brief can be found here.
  • The Ninth Circuit has scheduled oral argument for August 28 (here).

Data from the Executive Office of Immigration Review indicates an increase in immigration removals and decisions over the first six months of the Trump Administration (ImmigrationProf Blog).

 

CIVIL RIGHTS

The Trump Administration’s leaks deserve to be investigated, but not by Attorney General Jeff Sessions, write Benjamin Wittes and Susan Hennessey (Lawfare).

Two LGBTQ rights groups are suing the Trump Administration over President Trump’s transgender service ban (The Hill).

 

DEMOCRACY

President Trump’s speech to the Boy Scouts was both inappropriate and indecent, writes Michael C. Dorf at Take Care.

 

REGULATION 

The Trump Administration’s proposed budget has serious implications for environmental law, writes Eric Biber at Legal Planet.

The FCC appears poised to take a new position on broadband availability in American homes, suggests Jon Brodkin at Ars Technica.

The Labor Department is seeking to delay an Obama-era fiduciary rule for investment advisors (The Hill).

 

CHECKS & BALANCES

The White House has selected its top choices for key U.S. Attorney posts; among the candidates are partners of Rudy Giuliani and President Trump’s personal lawyer (WSJ).

Questions and concern remain about the revival of an Independent Counsel statute, writes Bob Bauer at Lawfare.

 

RUSSIAN INTERFERENCE

The FBI raided the home of Paul Manafort, the former Trump campaign chairman, in connection with Special Counsel Mueller’s Russia probe (WaPo; NYT).

  • Alex Whiting outlines what the FBI search may mean for the status of the Russia investigation at Just Security.

The question of whether a sitting president can be criminally indicted has serious implications beyond indictment, writes Ryan Goodman at Just Security.



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