Daily Update | February 16, 2018
Kate Berry // 2/16/18 //
The Fourth Circuit has invalidated the third iteration of the Travel Ban, joining the Ninth Circuit, but the injunction is stayed pending Supreme Court review of the case. The Vera Institute of Justice told its lawyers nationwide not to discuss abortion access with undocumented immigrant minors in custody, for fear it would jeopardize a multimillion-dollar contract with HHS. President Trump’s inaugural committee paid nearly $26 million to an advisor to first lady Melania Trump, while donating $5 million less than expected to charity. The CFPB’s just-released strategic plan reflects a new restrained approach.
IMMIGRATION
The Fourth Circuit has invalidated the third iteration of the Travel Ban, joining the Ninth Circuit, but the injunction is stayed pending Supreme Court review of the case (Imm. Prof Blog).
- Read the opinion here.
The Senate rejected three immigration plans (NYT).
- The White House issued a veto threat against the bipartisan immigration plan (WaPo).
- The Senate floor debate has been a bust so far, writes Carl Hulse at NYT.
- DHS issued a press release criticizing the bipartisan immigration plan.
- The DHS press release is largely hyperbolic and inaccurate, writes Alex Nowrasteh at Cato.
- The plan proposed by seven Republican senators would only provide permanent residence to about half of the 1.8 million Dreamers, write David Bier and Stuart Anderson at Cato.
- President Trump is getting exactly what he wants, writes Jeremy W. Peters at NYT.
- The Dreamers’ fate is now tied to the border wall and other demands (NYT).
EDNY Judge Nicholas Garaufis’s injunction against rescission of the DACA program is complicating things just before the Supreme Court is set to review the initial injunction by N.D. Cal. Judge William Alsup (Reuters).
CIVIL RIGHTS
The Vera Institute of Justice told its lawyers nationwide not to discuss abortion access with undocumented immigrant minors in custody, for fear it would jeopardize a multimillion-dollar contract with HHS (WaPo).
The House passed legislation that would amend the Americans with Disabilities Act over warnings that the bill would remove incentives for businesses to comply with the law (WaPo).
Nine organizations filed suit against the Trump Administration for ending grants under the Teenage Pregnancy Prevention Program (WaPo).
CONFLICTS OF INTEREST
VA Secretary David J. Shulkin promised House lawmakers that he will repay some of the money used to fund his 10-day trip to Europe with his wife last summer (The Hill).
You should listen closely to remarks made by President Trump and Vice President Pence in response to the Rob Porter scandal, writes Jennifer Rubin at WaPo.
President Trump’s inaugural committee paid nearly $26 million to an advisor to first lady Melania Trump, while donating $5 million less than expected to charity (NYT).
JUSTICE & SAFETY
The Senate Judiciary Committee passed the Sentencing Reform and Corrections Act of 2017 by a 16-5 vote (Sentencing Law & Policy).
It is unclear whether the new process for President Trump to receive national security briefings is working, writes Derek Grossman at Lawfare.
Sen. Kirsten Gillibrand is joining Sen. Cory Booker’s push for marijuana legalization (The Hill).
The Trump administration blamed Russia for last June’s “notPetya” cyberattack (The Hill).
REGULATION
The CFPB’s just-released strategic plan reflects a new restrained approach, writes Barbara S. Mishkin at Ballard Spahr.
- The plan guts the CFPB, writes Christopher Wright Durocher at ACSblog.
FCC Chairman Ajit Pai is under investigation over decisions that benefit Sinclair Broadcasting (Ars Technica).
An Obama-era EEOC proposal that would update federal guidance for employers on preventing harassment in the workplace is still awaiting White House approval (The Hill).
EPA head Scott Pruitt’s justification for repealing the Clean Power Plan is based on faulty logic, writes Dan Farber at Legal Planet.
The White House is waiting to see what happens with Idaho’s decision to allow the sale of health care plans that don’t comply with the Affordable Care Act (WSJ).
CHECKS & BALANCES
The judiciary is learning to equilibrate between the Trump administration and the Resistance, writes Josh Blackman at Lawfare.
Supreme Court Justice Ruth Bader Ginsburg should not be treated as a celebrity, writes Richard L. Hasen at the L.A. Times.
RUSSIAN INTERFERENCE
Steve Bannon continued to decline to provide full testimony before the House Intelligence Committee, instead offering to answer a limited number of prewritten questions (WSJ, WaPo).
And that's our update today! Thanks for reading. We cover a lot of ground, so our updates are inevitably a partial selection of relevant legal commentary.
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Tags:
Immigration Conflicts Checks & Balances Regulation Civil Rights Justice & Safety Russian Interference