Mackenzie Walz  //  2/15/19  //  Daily Update

President Trump is expected to sign Congress’ budget as well as declare a national emergency to obtain the remaining funds necessary for the construction of a southern border wall. A group of civil liberties organizations filed a lawsuit against the administration’s Migrant Protection Protocols policy, arguing it violates US immigration laws, the APA, and international human rights law. The Senate confirmed the nomination of William Barr as attorney general along partisan lines. If Congress tries to access the July 2018 Helsinki meeting notes, President Trump may be able to claim executive privilege, but that privilege is not absolute.

IMMIGRATION

A group of civil liberties organizations filed a lawsuit against the administration’s Migrant Protection Protocols policy, arguing it violates US immigration laws, the APA, and international human rights law (WaPo; ACLU).

• The complaint can be found here.

As Attorney General, Jeff Sessions took significant power away from immigration judges, slowing down the system and provoking calls for an independent immigration court system, explains Domenic Powell at The Regulatory Review.

A federal judge dismissed the North American Butterfly Association’s lawsuit, which sought to block the administration’s plan to construct a border wall near their Center (The Hill).

President Trump is expected to sign Congress’ budget as well as declare a national emergency to obtain the remaining funds necessary for the construction of a southern border wall (WaPo; WSJ).

• President Trump lacks the authority to use emergency powers to fund a border wall, explains Ilya Somin.
• Advocacy groups have already prepared lawsuits in anticipation of President Trump’s declaration (The Hill).
• Greg Sargent discusses some of the legal obstacles the President will face in declaring a national emergency.

DEMOCRACY

There are many differences between the Trump Administration and the previous administrations when it comes to protecting our democracy, discuss Charlie Gerstein and Protect Democracy at Take Care.

There are several takeaways from the briefs filed in the Texas redistricting litigation on whether Texas should be “bailed in” under Section 3(c) of the Voting Rights Act, discusses Travis Crum at Take Care.

CHECKS AND BALANCES

If Congress tries to access the July 2018 Helsinki meeting notes, President Trump may be able to claim executive privilege, but that privilege is not absolute, contends Andy Wright at Just Security. 

The Senate confirmed the nomination of William Barr as attorney general along partisan lines (CNN; WSJ).

Declaring a national emergency would disrespect the separation of powers, as Congress has the constitutional responsibility of appropriation (NYT).

RULE OF LAW

The appointment of Special Counsel Robert Mueller is unlawful and unconstitutional, argue Steve Calabresi and Gary Lawson in a newly released manuscript.

• The full manuscript can be accessed here.

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