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 | 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