Sarah Mahmood, Ian Eppler  //  8/14/17  //  Daily Update


President Trump’s rebuke of the violence in Charlottesville on Saturday, where a white supremacist killed a counter-protester and injured 19 others, contained no specific condemnation of white supremacy, the alt-right, or neo-Nazism. The ACLU has filed a class-action lawsuit claiming that the Trump Administration has unconstitutionally detained immigrant teens based on false allegations of gang affiliations. Environmental Protection Agency Administrator Scott Pruitt is implementing an anti-regulatory agenda with extraordinary secrecy. Special Counsel Robert Mueller is seeking to interview current and former White House staff as part of his investigation into Russian interference in the 2016 election.

 

IMMIGRATION

The ACLU has filed a class-action lawsuit claiming that the Trump Administration has unconstitutionally detained immigrant teens based on false allegations of gang affiliations (NPR, NYT).

The Trump Administration has filed a brief arguing that the immigration ban “is not a so-called ‘Muslim ban’ and campaign comments cannot change that basic fact” (The Hill).

 

CIVIL RIGHTS

President Trump’s rebuke of the violence in Charlottesville on Saturday, where a white supremacist killed a counter-protester and injured 19 others, contained no specific condemnation of white supremacy, the alt-right, or neo-Nazism (WaPo).  

  • The White House issued a statement condemning “white supremacists” on Sunday after widespread criticism of President Trump’s original remarks (NYT).
  • President Trump has encouraged white supremacy to flourish, argues Petula Dvorak at the Washington Post.
  • White supremacists are emboldened by President Trump’s appointment of those who also espouse white supremacy, argues Erick-Woods Erickson at the New York Times.

In spite of Attorney General Jeff Session’s portrayal of affirmative action policies as disfavoring whites, federal affirmative action programs historically have benefited whites and excluded black Americans, argues Ira Katznelson at the New York Times.

 

JUSTICE & SAFETY

The editor-in-chief of Lawfare filed a lawsuit against the Department of Justice over President Trump’s unsubstantiated claims that DOJ data shows that the vast majority of those convicted of terrorism and terrorism-related offenses since 9/11 came from outside of the United States (Lawfare).

 

DEMOCRACY

The Trump Administration is engaging in voter suppression by reversing the Obama-era opposition to Ohio’s attempt to purge tens of thousands of voters from the roll because they vote infrequently (NYT).

 

REGULATION

Environmental Protection Agency Administrator Scott Pruitt is implementing an anti-regulatory agenda with extraordinary secrecy (NYT).

The Environmental Protection Agency has announced plans to revise Obama-era rules on automobile fuel economy (Ars Technica).

The Trump administration will likely use its broad power over public lands to facilitate commercial use of public land, but environmentalists have some tools to constrain the administration, writes Eric Biber at Legal Planet.

 

RULE OF LAW

An elected official’s blocking of citizens on Twitter may violate the 1st Amendment right to petition, suggests Gerard Magliocca at Concurring Opinions.

 

CHECKS & BALANCES

Congress must act now to ensure that the President does not unilaterally commit an act of war without Congressional consent, argues Eric Segall at Take Care.

After the failure of Affordable Care Act repeal efforts, Trump administration officials are expecting significant challenges in the relationship between President Trump and Congress when Congress returns from recess (Politico).

  • And proposed tax reform may be especially difficult (Politico).

 

RUSSIAN INTERFERENCE

Special Counsel Robert Mueller is seeking to interview current and former White House staff as part of his investigation into Russian interference in the 2016 election (NYT).

The proper response to Russian interference in the 2016 election is dividing the left, with some civil libertarians and anti-interventionists skeptical, argues Quinta Jurecic at Lawfare.


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