Nicandro Iannacci  //  8/20/19  //  Daily Update


DOJ asked the Second Circuit to block House subpoenas for President Trump’s financial records. Civil rights groups filed suit against ICE over the quality of medical and mental health care at detention facilities. HUD proposed a rule that would make it substantially more difficult for plaintiffs to bring “disparate impact” claims under the Fair Housing Act. Planned Parenthood announced that it will withdraw from the Title X family planning program rather than comply with a Trump administration prohibition on abortion referrals. In the wake of Jeffrey Epstein’s death, AG Bill Barr announced that former Bureau of Prisons Director Kathleen Hawk Sawyer will replace Acting Director Hugh Hurwitz as the new director.

 

TRUMP: INVESTIGATIONS & LITIGATION

DOJ asked the Second Circuit to block House subpoenas for President Trump’s financial records (The Hill).

  • The government’s amicus brief is here.

 

IMMIGRATION

The Supreme Court should deny the Solicitor General’s petition for writ of certiorari on a constitutional challenge to the “expedited removal” system, write Leah Litman and Kyle Skinner at Take Care.

Civil rights groups filed suit against ICE over the quality of medical and mental health care at detention facilities (The Hill, POLITICO).

Charges have been filed against 40 people detained in the Mississippi ICE raid earlier this month, but no company managers are among them (ImmigrationProf Blog).

ICE allegedly detained a man living in the U.S. illegally while he was being deposed as part of a lawsuit against his employer (The Hill).

Congress should deny ICE’s request to reallocate funding for increased immigration detention and enforcement, write Madhuri Grewal and Yesenia Chavez for the ACLU. 

 

CIVIL RIGHTS

HUD proposed a rule that would make it more difficult for plaintiffs to bring “disparate impact” claims under the Fair Housing Act (WSJ, Consumer Finance Monitor).

  • The proposed rule is here.
  • The rule is deeply flawed and risks deepening patterns of segregation and racial wealth disparities, write Michelle Aronowitz and Olatunde Johnson at Take Care.

Planned Parenthood announced that it will withdraw from the Title X family planning program rather than comply with a Trump administration prohibition on abortion referrals (NYT, WSJ, BuzzFeed News).

 

DEMOCRACY

President Trump claimed that Google manipulated millions of voters into voting for former Secretary of State Hillary Clinton in the 2016 election (The Hill).

 

JUSTICE & SAFETY

In the wake of Jeffrey Epstein’s death, AG Bill Barr announced that former Bureau of Prisons Director Kathleen Hawk Sawyer will replace Acting Director Hugh Hurwitz as the new director (WaPo, WSJ, POLITICO).

The Commerce Department extended the period for American companies to do business with Chinese telecommunications company Huawei by 90 days (NYT, WaPo, WSJ).

President Trump apparently walked back support for new gun laws (NYT).

 

REGULATION

President Trump called on the Federal Reserve to cut interest rates and criticized Chairman Jerome Powell (WSJ).

 

FEDERALISM

A group of states is preparing to announce an antitrust investigation of major technology companies, just a month after DOJ announced its own review (WSJ).

 

REMOVAL FROM OFFICE

Assistant House Speaker Rep. Ben Ray Luján (D-N.M.) announced his support for an impeachment investigation (POLITICO).


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