Kyle Skinner  //  2/11/19  //  Daily Update


Paul Manafort continued political work for Ukraine months after his indictment, and may have lied in the hopes of getting a pardon. The Supreme Court blocks a Louisiana abortion law from going into effect. Georgia voters suing for paper ballots win their appeal to the 11th Circuit. SCOTUS vacates a stay of execution for a man who wanted a Muslim chaplain at his side. 2018 was a record-low year for EPA enforcement. The legal challenge to Trump’s executive order requiring a “two-for-one” elimination of regulations continues to discovery. DHS unveils a new “Remain in Mexico” plan.

 

TRUMP INVESTIGATIONS & LITIGATION

Robert Mueller argues that a limited gag order is appropriate in the Roger Stone case (The Hill).

Some members of Congress reportedly discussing removing “so help me God” from pre-testimony oath (USA Today).

Joyce Stone asks what the public will find out about Roger Stone’s connections to Wikileaks (Just Security).

Manafort continued political work for Ukraine months after his indictment, and may have lied in the hopes of getting a pardon (WaPo).

 

IMMIGRATION

Patrick Leahy says deal on border funding “95 to 98 percent done” (NYT).

  • Trump offends El Paso with comments on border danger (NYT).
  • Work at the border becomes increasingly difficult for journalists, lawyers, and activists (The Volokh Conspiracy).
  • Two Congressmen have a poster-based war over immigration (WaPo).
  • The Governor of New Mexico doesn’t want a militarized border (NYT).

Obama tripled migrant processing at border, while Trump has halved it, writes David Bier.

DHS unveils a new “Remain in Mexico” plan (Lawfare).

 

CIVIL RIGHTS

The Supreme Court blocks a Louisiana abortion law from going into effect (SCOTUS Blog).

  • Kavanaugh issues the dissent while Roberts joined the liberal wing to block the law (The Hill, Slate, Bloomberg). 
  • The decision puts Roe on “life support” (Think Progress).
  • Despite the temporary set-back, anti-abortion activists are still closer than ever to achieving their ends (NYT).

  • Leah Litman says the so-called victory is a map to how Roe will be overturned (WaPo).

Michael McGough writes that Roberts is simply not ready to “jolt” the legal system, referencing his confirmation testimony (NYT, LA Times, AP, Reuters). 

States are shifting farther apart on abortion rights, reports Jacob Gershman. 

SCOTUS vacates a stay of execution for a man who wanted Muslim chaplain at his side (Religion Clause).

President Trump says his administration has taken “historic action to protect religious liberty” (Religion Clause).

           

DEMOCRACY

Justice Kagan’s speculations in Whitford on the associational harms of gerrymandering are well-placed, writes Nicholas Stephanopoulos.

NC poll worker pleads guilty to advising noncitizen to register and vote (Election Law Blog).

Georgia voters suing for paper ballots win their appeal to the 11th Circuit (Election Law Blog).

 

REGULATION

Recent legislation aimed at protecting federal employees may have unintended consequences, writes Sam Wice.

2018 was a record-low year for EPA enforcement (The Hill).

The legal challenge to Trump’s executive order requiring a “two-for-one” elimination of regulations continues to discovery (Notice & Comment).

 

CHECKS & BALANCES

Lydia Wheeler discusses Noel Francisco’s repeated requests for SCOTUS to grant review before judgement.

Victor Hill argues for changes in Senate confirmation rules (The Hill).




Daily Update | March 21, 2019

3/21/19  //  Daily Update

Until a recent D.C. Circuit decision becomes final, District Judge Kollar-Kotelly says her injunction barring the Administration from introducing limits on the service of transgender individuals in the military remains in place. Eighteen states have considered legislation this year that would require presidential and vice presidential candidates to post their tax returns in order to appear on a ballot. Senator Marco Rubio plans to introduce a constitutional amendment to limit the number of Supreme Court justices to nine. Analysis continues of the Supreme Court’s decision to allow ICE to detain migrants with criminal records long after their release from custody. Despite a variety of inquiries from the House Oversight and Reform Committee, the White House has refused to hand over any requested documents or produce any witnesses.

Hetali Lodaya

Michigan Law School

Daily Update | March 20, 2019

3/20/19  //  Daily Update

White House lawyers want an opportunity to claim executive privilege and review Robert Mueller's report before it reaches lawmakers and the public. Search warrants obtained in the New York case against President Donald Trump’s former personal attorney Michael Cohen were unsealed. The Fourth Circuit Court of Appeals heard argument in an anti-corruption case against President Trump regarding his violations of the Constitution's emoluments clauses. The Supreme Court’s latest opinion adds to a string of decisions with sweeping views of ICE’s power to confine migrants. Federal judges have ruled against the Trump administration 63 times over the past two years.

Abigail DeHart

Michigan Law School

Daily Update | March 19, 2019

3/19/19  //  Daily Update

If the federal appeals court allows the Emoluments Clauses challenge against President Trump to move forward, he may be forced to disclose financial information related to his businesses. In addition to reviewing the statutory issues concerning the 2020 census citizenship question, the Supreme Court will also review the constitutional issue. DHS Secretary Kirstjen Nielsen declared that the United States is not prepared to handle foreign cyber attacks but is taking steps to identify and combat these threats. The Department of Defense produced a fact sheet listing all military projects from which funding could potentially be diverted to build the southern border wall. Democratic congressional leaders requested the FBI open an investigation into Chinese American executive, Li Yang, for misusing her personal ties to President Trump.

Mackenzie Walz

University of Michigan Law School