//  12/12/17  //  Daily Update

The Southern Poverty Law Center is suing the federal government, alleging that ICE agents entered the homes of immigrant families without warrants, consent, or probable cause. The Supreme Court will not hear an appeal of an Eleventh Circuit Court of Appeals decision that held that Title VII of the Civil Rights Act of 1964 does not encompass discrimination based on sexual orientation. A federal court “denied the Trump administration’s request to delay an order requiring the military to begin accepting transgender recruits starting Jan. 1, saying the argument for more time seemed based on ‘vague claims.'" The Supreme Court will hear a case challenging Maryland’s congressional map as unconstitutional, indicating the Court may be ready to establish a standard for partisan gerrymandering. Three women who accused President Trump of sexual misconduct called on Congress to investigate their allegations.

IMMIGRATION

The Southern Poverty Law Center is suing the federal government, alleging that ICE agents entered the homes of immigrant families without warrants, consent, or probable cause (The Hill).

CIVIL RIGHTS

The Supreme Court will not hear an appeal of an Eleventh Circuit Court of Appeals decision that held that Title VII of the Civil Rights Act of 1964 does not encompass discrimination based on sexual orientation (NYT).

• Lyle Denniston writes that the case was likely denied for procedural reasons at his eponymous blog.

A federal court “denied the Trump administration’s request to delay an order requiring the military to begin accepting transgender recruits starting Jan. 1, saying the argument for more time seemed based on ‘vague claims’” (WaPo).

• Read the full order at Lawfare.

Antonin Scalia’s legacy looms over the Supreme Court as it considers a Christian baker’s challenge to Colorado’s non-discrimination law, writes David G. Savage in the Los Angeles Times.

DEMOCRACY

Alabama’s voter ID and felon disenfranchisement laws may have already decided the outcome of Tuesday’s U.S. Senate special election, argues Scott Douglas in the New York Times.

A provision in the House tax bill would “allow churches and other nonprofits to advocate for candidates and take political positions without jeopardizing their tax-exempt status” (WSJ).

• Ellen P. Aprill argues that this amendment would open the floodgates to politicking by charities in the New York Times.

The Supreme Court will hear a case challenging Maryland’s congressional map as unconstitutional, indicating the Court may be ready to establish a standard for partisan gerrymandering, writes Rick Hasen in the Los Angeles Times.

• Richard Pildes examines four significant aspects to the Court’s decision to hear the case.
• Nick Stephanopoulos considers the challenge on a statewide basis.

JUSTICE & SAFETY

The House Intelligence Committee’s markup of legislation to reauthorize Section 702 of the Foreign Intelligence Surveillance Act was a missed opportunity for substantive debate, and devolved into a partisan argument about unmasking, writes Robyn Greene at Just Security.

The federal government should seriously consider the idea of a deal with Russia “for mutual forbearance from meddling in domestic politics,” argues Jack Goldsmith in Lawfare. 

A federal judge appeared skeptical of the government’s arguments in case in which the ACLU is seeking to challenge the detention of an unidentified American citizen captured in Syria, reports Spencer Hsu in the Washington Post.

The 2018 National Defense Authorization Act, expected to be signed next week, contains a provision placing an affirmative obligation on the military to consider the impact of climate change, writes Jordan Brunner in Lawfare.

CONFLICTS OF INTEREST

Senate Democrats have questioned the new director of the Centers for Disease Control and Prevention’s ability to effectively perform her job given her inability to divest from many stock holdings that could present a conflict of interest (WaPo).

REGULATION

The EPA has significantly slowed down its enforcement actions, compared to previous administrations, reveals an analysis in the New York Times.

Several Native American tribes have sued to block the Trump Administration from reducing the size of the Bears Ears National Monument by 85%, write Todd Curry and Rebecca Reid in the Washington Post.

Internet service providers are preparing for the FCC to repeal its net neutrality rule this week, write John D. McKinnon and Ryan Knutson in the Wall Street Journal.

• The FCC has refused to help the New York Attorney General impersonation and fraud in public comments on the FCC’s net neutrality repeal, writes Jon Brodkin at Ars Technica.
• The FCC and FTC issued a draft memorandum of understanding indicating that internet service providers will be allowed to voluntarily choose which net neutrality guidelines, if any, they will follow, Ars Technica reports. 

The Food and Drug Administration plans to introduce new medical-device approval processes that speed products’ entry to market, while entailing greater risks for patients (WSJ).

RULE OF LAW

A presidential pardon of Michael Flynn would protect him from federal criminal exposure, but not state prosecutions, and would likely worsen the White House’s political and legal troubles, writes Andrew Wright at the ACS Blog.

The Secretary of the Interior promoted a tweet accusing Patagonia, the outdoor gear company, of lying in its campaign opposing the Trump Administration’s planned shrinking of the Bears Ears national monument (WaPo).

The president can commit obstruction of justice under the Constitution, writes Eric Posner at his eponymous blog.

CHECKS & BALANCES

Three women who accused President Trump of sexual misconduct called on Congress to investigate their allegations (WaPo, WSJ)

The Senate must reject Brett Talley’s nomination to the federal judiciary, write Sen. Chris Coons and Rep. Terri Sewell in The Hill. 

The deputy inspector general of the Department of the Interior is investigating several aspects of the Secretary’s travel arrangements, reports Juliet Eilperin in the Washington Post.

REMOVAL FROM OFFICE

The possibility of Congressional impeachment proceedings should not be viewed as a substitute or alternative to letting the Special Counsel’s criminal investigation run its course, writes Bob Bauer in the New York Times.

RUSSIAN INTERFERENCE

The Special Counsel’s investigation appears to be investigating what President Trump knew and when during the 18 days between when the White House was informed then-national security advisor Michael Flynn was vulnerable to Russian blackmail, and Flynn’s subsequent resignation, report Carol E. Lee and Julia Ainsley at NBC News.

Conservatives should embrace, rather than try to discredit, Robert Mueller’s investigation, argues Ryan Goodman at Just Security.

• The attacks on Mueller and his team undermine a cornerstone of our justice system, writes Randall Eliason in the Washington Post.
• The current delegitimization campaign is meant to prepare Republicans to accept Mueller’s firing, writes Doyle McManus in the Los Angeles Times.

The Russian interference campaign in the 2016 U.S. presidential election was borne of opportunism and short-term thinking, rather than strategic planning, writes Julia Ioffe in The Atlantic.

A federal judge chastised Paul Manafort for helping craft an editorial that prosecutors argued violated a gag order, but declined to penalize him (WSJ, WaPo).