Hetali Lodaya  //  8/28/19  //  Daily Update


Several states, led by the California and Massachusetts Attorney Generals, are challenging the Administration’s abrogation of the Flores Settlement. The DOJ sued Baltimore County’s police department under Title VII, alleging discrimination against black applicants. The administration argued in a filling that states have no power to challenge rollbacks to the National School Lunch Program nutrition guidelines. The EOIR Director, or the head of immigration courts, has the authority to overrule federal judges per an interim rule that went into effect this week.

 

TRUMP: INVESTIGATIONS AND LITIGATION

The potential indictment of former deputy FBI director Andrew McCabe is primarily politically motivated, argues Benjamin Wittes at Lawfare.

 

IMMIGRATION

Several states, led by the California and Massachusetts Attorney Generals, are challenging the Administration’s abrogation of the Flores Settlement. (Immigration Prof Blog)

  • The Administration’s focus on detention and deterrence policies is harmful to national safety, writes the Editorial Board at NYT.

Money is being shifted from the FEMA and Coast Guard budgets to fund border programs and detention facilities. (WaPo

The EOIR Director, or the head of immigration courts, has the authority to overrule federal judges per an interim rule that went into effect this week. (Government Executive)

The administration’s indefinite detention policy is demonstrably harmful to migrant children, write Drs. Leah Hibel and Caitlin Patter at NYT. 

 

CIVIL RIGHTS

The DOJ sued Baltimore County’s police department under Title VII, alleging discrimination against black applicants. (The Hill)

A federal judge blocked an 8-week abortion ban in Missouri. (The Hill)

Free speech hypocrisy has been on display recently throughout the internet and in the actions taken by the administration, writes Leah Litman at Take Care.

 

DEMOCRACY

Mississippi officials have confirmed that several voting machines changed cast ballots in a run-off race. (The Hill)

President Obama has announced a new training initiative to combat gerrymandering. (The Hill)

 

JUSTICE & SAFETY

The government will be launching a program in one month to prevent ransomware attacks during the 2020 elections. (Reuters)

 

CHECKS & BALANCES

The Emergency Economic Powers Act should be revised by Congress to prevent the President from overreaching his powers, writes Gene Healy at CATO.

The administration argued in a filling that states have no power to challenge rollbacks to the National School Lunch Program nutrition guidelines. (The Hill

 


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