Kate Berry  //  12/13/17  //  Daily Update

The Trump administration filed an appeal in the transgender recruits case, requesting a delay of the lower court orders blocking enforcement of the administration’s ban on enlistment or service of transgender persons. President Trump signed the National Defense Authorization Act for fiscal year 2018. Democratic lawmakers are pushing the FCC to cancel Thursday’s vote on net neutrality regulations. Donald Trump Jr. will meet with the Senate Intelligence Committee on Wednesday as part of its probe into Russian interference with the 2016 election.

IMMIGRATION

The North American Butterfly Association filed suit in the U.S. District Court for the District of Columbia, alleging that construction of the border wall would destroy its wildlife center (The Hill).

Courts have recently attempted to limit the federal government’s use of criminal prosecution of removable immigrants, writes Harry Larson at Lawfare.

Entry by Muslims, as refugees, immigrants, and travelers, declined in 2017, likely attributable both to changes in policy and perceived attitudes (Cato at Liberty).

CIVIL RIGHTS

The Trump administration filed an appeal in the transgender recruits case, requesting a delay of the lower court orders blocking enforcement of the administration’s ban on enlistment or service of transgender persons. The military needs more time to prepare for such individuals, the government argued (Law News).

Masterpiece Cakeshop should not be understood as a conflict between sexual orientation discrimination and free speech or free exercise of religion, argues Michael Dorf at Verdict.

President Trump directed a tweet at Sen. Kirsten Gillibrand after she called for Trump to resign based on sexual harassment allegations (WaPo, NYT, WSJ).

DEMOCRACY 

The Alabama Supreme Court stayed a lower court’s order that would have required the digital preservation of ballot images during Tuesday’s Senate special election (The Hill). 

President Trump reiterated his support for Republican candidate Roy Moore ahead of the special election (NYT).

JUSTICE & SAFETY     

President Trump signed the National Defense Authorization Act for fiscal year 2018 (Just Security)

• President Trump’s remarks at the signing here.
• Highlights from the NDAA outlined here.
• The bill contains provisions that protects immigrant recruits from enlistment contract cancellations during background check processes (WaPo).

Following Monday’s arguments in ACLU v. Mattis, the spectre of Hamdi looms large for habeas issues and the designation of enemy combatant, writes Amanda Tyler at Lawfare. 

U.S. targeting practices and policies can be improved with a renewed zero-tolerance for civilians deaths, suggests Marc Garlasco at Just Security.

President Trump argued that provisions in a defense policy bill requiring the executive to create a national policy for cyberspace and cyber warfare raise constitutional concerns (The Hill).

Secretary of State Rex Tillerson suggested that the U.S. embassy in Jerusalem would not open for another three years (NYT).

REGULATION

Democratic lawmakers are pushing the FCC to cancel Thursday’s vote on net neutrality regulations (The Hill).

• Mignon Clyburn, a Democratic FCC commissioner, offered an edited version of the net neutrality proposal, which deletes nearly the entire text of the current proposal under consideration (The Hill).
• A recent poll suggests most Americans oppose the FCC’s plan.

The FCC’s release of the draft texts of its actions before meetings demonstrates a new transparency under the Trump administration (The Regulatory Review).

FDA regulations and other measures aimed at discouraging e-cigarette use ignore the relatively fewer health risks they present compared to cigarettes and may put smokers at risk (WaPo).

The Labor Department is extending the comment period on its proposal to overturn a rule prohibiting employers from pooling workers’ tips (The Hill).

CHECKS & BALANCES

The Trump administration’s lack of transparency has been compounded by its propagation of falsehoods, notes Kate Oh at Just Security.

Transparency International released a new report detailing U.S. citizens’ perception of corruption in their country; the survey notes a significant increase in the number of Americans who say corruption has increased in the past twelve months (Sunlight Foundation).

• Read the report here.  

REMOVAL FROM OFFICE

The President can obstruct justice through official acts and current counterarguments place the President above the law, writes Jed Shugerman.

RUSSIAN INTERFERENCE                                                     

Donald Trump Jr. will meet with the Senate Intelligence Committee on Wednesday as part of its probe into Russian interference with the 2016 election (Politico).

A Republican congressman warned President Trump last week that the Robert Mueller’s investigation is “infected with bias” (Politico).