The Take Care daily update will be on hiatus until January 2. We look forward to seeing you again in 2018! 

PODCAST

On this week’s Versus Trump holiday spectacular, it's all judges, all the time. Charlie, Jason, and Easha take a closer look at a number of the President's judicial nominees—confirmed, pending, and withdrawn—to examine what might happen to Versus Trump cases in years to come. Listen now!

IMMIGRATION

A Trump administration official responsible for refugee resettlement attempted to prevent an undocumented teenage victim of rape from obtaining an abortion (LA Times, WSJ, Politico).

• Marty Lederman (Balkinization) analyzes the government's claims in the case.

DHS and the Department of Justice (DOJ) released a report showing high rates of incarceration among undocumented immigrants. (NYT).

• At Cato@Liberty, Alex Nowrasteh claims the report is flawed and does not speak to immigrant criminality or bolster calls for more border security.

CIVIL RIGHTS

Another federal judge blocked a Trump Administration executive order that would allow employers with religious objections to refuse employee’s contraceptive coverage as a part of healthcare plans. (Politico)  

• Linda Greenhouse (NYT) notes how this ruling by Judge Beetlestone and recent D.D.C. rulings on access to abortion showcase the importance of federal judges.

JUSTICE & SAFETY 

DOJ officials indicated they cannot regulate sales of gun bump ammunition stocks absent Congressional guidance, but momentum for gun control is quickly waning in Congress. (NYT)

Attorney General Sessions rescinded 25 Justice Department guidance documents on how to interpret an array of federal laws (WaPo, NYT).

• Dominic Holden covers the story here

The ACLU sued the Trump administration to force disclosure of the administration’s new and reportedly looser and more deadly guidelines for drone strikes and raids. (ACLU) 

DHS’s costly implementation of facial screening technology at airports is technologically flawed and is a significant escalation in government surveillance, claims a report from Georgetown University researchers. (Ars Technica, NYT)

A majority of nations in the United Nations General Assembly voted in favor of a resolution rebuking America's decision to recognize Jerusalem as the capital of Israel and relocate the US embassy to the city. (NYT, WSJ, WaPo)

• J. Dana Stuster (Lawfare) analyzes the potential fallout from the new Jerusalem policy as well as implications of other recent foreign policy decision.

The Trump Administration will impose sanctions on Burmese officials accused of violently cracking down on Muslim minorities in the country. (NYT)

CONFLICTS OF INTEREST

A federal judge dismissed the emoluments lawsuit brought by the Citizens for Responsibility and Ethics in Washington (CREW), concluding that the plaintiffs lacked standing and the case was not justiciable (Politico, The Hill).

REGULATION

To preserve the agency's independence, federal courts must reject Mick Mulvaney’s appointment as head of the CFPB, argues Peter Conti-Brown on Notice and Comment.

• There is a divide within the administration regarding the role of the CFPB. (WSJ)

The Trump Administration's decision to attribute the “WannaCry” malware to North Korea is an ineffective and counterproductive response to a major global cyberattack, argues Jack Goldsmith at Lawfare.

• North Korean officials denied any connection to the cyber attack and called the allegations “reckless” and a “a grave political provocation.” (The Hill)

Climate scientists and researchers sued EPA Administrator Scott Pruitt over new rules that prevents grant recipients from serving on EPA advisory committees. (The Hill)

• Tiffany Challe (Climate Law Blog) argues that the policy will replace qualified scientist and researchers with industry advocates and lobbyists.

REMOVAL FROM OFFICE

Sarah Vowell has offerred a guide to the history of presidential incapacity (NYT).

FEDERALISM

Following the logic and example of Clinton v. Jones, sitting presidents should also be subject to suit in state courts, argues Richard Primus on Take Care.

RUSSIAN INTERFERENCE

Americans must decide now how they will respond if Special Counsel Mueller is fired, argues Andrew Manuel Crespo at Just Security.

• Danielle Brian, of Project on Government Oversight, argues that President Trump should support Mueller’s investigation to preserve the rule of law.
• Norm Eisen and Richard Painter describe four threats to Mueller (NYT).