Adam Smith  //  8/14/19  //  Daily Update


Two rules announced by the White House on Monday—which promise to roll back protections for endangered species and penalize immigrants for receiving federal welfare benefits—have already garnered their first round of legal challenges. A 29-state coalition sued to prevent the Trump Administration from easing limits on emissions from coal-power producers.

 

REGULATION

On Tuesday, Santa Clara County and San Francisco filed a challenge to a new Trump Administration rule that will allow immigration officials to deny legal status or entry to immigrants who use federal welfare programs (The Hill).

And the attorneys general of New York and California announced their own plans to enter the fray (Reuters).

A coalition of 29 states sued the Administration to block its rollback of the Clean Power Plan, which sought to limit emissions by coal-fueled power plants (NYT).

 

TRUMP: INVESTIGATIONS AND LITIGATION

By treating the impeachment process as a long game, the House may have lost the public’s attention—and thus its window for removing President Trump, argue David Priess and Margaret Taylor at Lawfare.

 

CHECKS AND BALANCES

With a contentious election approaching and its approval ratings more ideologically split than ever, the Supreme Court may try to keep its docket for the coming Term as uncontroversial as possible, suggests Amelia Thomson-Deveaux at FiveThirtyEight.


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