Hetali Lodaya  //  2/19/19  //  Daily Update


Sixteen states sue to challenge the President’s authority to declare a national emergency to build the border wall. A lawsuit was filed by multiple civil rights organizations challenging the administration’s policy of sending asylum seekers back to Mexico while their cases are considered. The budget bill passed last week pushes back against some Trump Administration policies, but overall continues to expand the federal government’s immigration prison regime. President Trump stopped cost-sharing payments under the ACA, and Congress may end up liable to insurers for over $12 billion in missed payments. The First Circuit says the board appointed to oversee Puerto Rico’s finances was illegally constituted, and President Trump may have to appoint a new one.

 

TRUMP: INVESTIGATIONS AND LITIGATION

The Center for Public Integrity has several pieces on Trump’s campaign fundraising infrastructure, writes Rick Hasen at the Election Law Blog.

Three months have passed with no decision from the D.C. Circuit on a challenge to Robert Mueller’s appointment, and the wait could indicate bad news, writes Josh Gerstein at Politico.

 

IMMIGRATION

Sixteen states sue to challenge the President’s authority to declare a national emergency to build the border wall (NYT, Lawfare).

  • The complaint is here.
  • A variety of experts weigh in on the legality of the declaration at Vox.
  • The declaration violates the separation of powers, writes Ilya Shapiro at the Cato Institute.
  • It is unclear to what extent President Trump did or did not receive legal advice from White House Counsel Pat Cipollone, or from the Office of Legal Counsel, in developing his national emergency declaration (Lawfare).

The budget bill passed last week pushes back against some Trump Administration policies, but overall continues to expand federal government’s immigration prison regime, writes César Hernández at crImmigration.

A lawsuit was filed by multiple civil rights organizations challenging the administration’s policy of sending asylum seekers back to Mexico while their cases are considered (ImmigrationProfBlog).

 

REGULATION

President Trump stopped cost-sharing payments under the ACA, and Congress may end up liable to insurers for over $12 billion in missed payments, writes Nick Bagley for Take Care.

Lyft has joined a lawsuit challenging the Administration’s plan to weaken Obama-era fuel standards (The Hill).

Congressional Democrats and the President have opened talks regarding regulating drug prices (The Hill).

The Third Circuit affirms a lower court ruling that the Administration cannot withhold federal funds from Philadelphia over its sanctuary city policy (The Inquirer).


RULE OF LAW

The First Circuit says the board appointed to oversee Puerto Rico’s finances was illegally constituted, and President Trump may have to appoint a new one, writes Andrew Scurria at The Wall Street Journal.

If the Supreme Court upholds the President’s use of a national emergency declaration as a response to illegal border crossings, it would be hard not to uphold a hypothetical future declaration in response to climate change, posits Dan Farber at Legal Planet.

 


Daily Update | May 20, 2019

5/20/19  //  Daily Update

The federal government’s ban on spending federal funds on abortions means that Medicaid recipients cannot access abortion, creating a burden on women of color and women living in poverty. A new rule proposed by the Trump administration would prohibit families from obtaining subsidized housing if any family member is undocumented. The Fourth Circuit found that the Trump administration’s decision to rescind DACA was arbitrary and capricious – and therefore unlawful – because it was not adequately explained and the administration did not address the impact of this decision on DACA-recipients’ reliance interests. The White House has released a new tool to solicit information from people who believe that their social media posts have been censored by politically biased social media companies.

Karen Kadish

Columbia Law School

Daily Update | May 16, 2019

5/16/19  //  Daily Update

The Trump Administration’s forthcoming immigration plan will focused on increasing the educational and skills requirements for people who are allowed to migrate to the United States and would scale back family-based immigration. Loose regulation of government websites allows executive agencies to weaken policies the executive branch opposes, such as the Affordable Care Act, which has been censored at least 26 times on HHS websites. The Trump Administration will not sign an international pledge to combat extremist content online, potentially because of First Amendment concerns. A new report from Paul C. Light outlines the ways that the House has investigated presidents since World War II, and gives an analysis of how Congress can conduct a meaningful probe into Presidential actions.

Karen Kadish

Columbia Law School

Daily Update | May 15, 2019

5/15/19  //  Daily Update

The Alabama Senate approved a measure that would outlaw abortion at all stages of pregnancy except in cases where the mother’s life is at serious risk; it awaits signature by Governor Kay Ivey. A new law will impose financial burdens on individuals convicted of felonies that make it harder for them to vote in Florida, despite the passing of Florida’s ballot initiative to restore voting rights to felons. Action from the FCC has continued to increase tensions between the United States and China following a unanimous vote to block China Mobile, and threatening public statements from President Trump. Donald Trump Jr. has agreed that he will appear before the Senate Intelligence Committee behind closed doors, following a fight between Republican lawmakers. Florida Governor Ron DeSantis claimed he was not allowed to say which two Florida counties were hacked by Russians in the 2016 election.

Jacob Miller

Harvard Law School