Zak Lutz  //  2/7/19  //  Daily Update


DOJ and DHS issued a report finding no evidence of foreign interference in the 2016 elections. Democrats are starting a series of investigations into the Trump administration. Federal prosecutors have looked into a foreign flow of money in Paul Manafort’s firms. The Supreme Court will review a certiorari petition about gun carry license policies and another about California’s ban on new pistol models. DOJ unsealed two “sweeping” indictments of Huawei, and opened an investigation into the Jeffrey Epstein sex offender case. T-Mobile executives hoping for approval of a merger booked more than 52 nights at Trump Hotel. The Education Department’s proposed regulation on Title IX harassment could transform campus harassment procedural protections.

 

TRUMP INVESTIGATIONS & LITIGATION

Federal prosecutors have looked into a foreign flow of money in Paul Manafort’s firms (Hill).

Democrats are starting a series of investigations into the Trump administration (LAT, NYT).

 

CIVIL RIGHTS

Lies about abortion will lead to the end of Roe, writes Dahlia Lithwick in Slate.

Despite President Trump’s comments during the State of the Union address, abortion issues remain a legal and not political fight, argues Lawrence Hurley in Reuters.

The Supreme Court will review a certiorari petition about gun carry license policies and another about California’s ban on new pistol models (Reason; Reason).

The right to own a gun has been a “constitutional orphan”--undermined by lower courts and unprotected by the Supreme Court, suggests Joyce Lee Malcolm in Law & Liberty.

 

DEMOCRACY

The hunt for voter fraud is worse than voter fraud, writes Karen Tumulty in The Washington Post.

In her State of the Union response address, Stacey Abrams called for “ballot fairness” (NYT).

 

JUSTICE & SAFETY

New China tariffs will not resolve the trade dispute, argues Clark Packard in Lawfare.

The UN Human Rights Committee has clarified five important things regarding targeted killing, explains Shaheed Fatima Q.C. in Lawfare.

Congress may or may not have the power to prevent the President from withdrawing troops, explains Ashley Deeks in Lawfare.

DOJ unsealed two “sweeping” indictments of Huawei (Lawfare). 

DOJ opened an investigation into the Jeffrey Epstein sex offender case (Hill).

 

CONFLICTS OF INTEREST

T-Mobile executives hoping for approval of a merger booked more than 52 nights at Trump Hotel (WaPo).

The Supreme Court should adopt an ethics code, writes Robert H. Tembeckjian in The Washington Post.

 

REGULATION

Education Department’s proposed regulation on Title IX harassment could transform campus harassment procedural protections, explains Daniel Kees in The Regulatory Review.

The Hobbs Act does not incorporate the Chevron doctrine, argues James Conde in Notice & Comment.

The CFPB proposed removing borrower safeguards from a payday loan rule (Hill, NYT).

An empirical study suggests that Auer deference lead to every administrative agency issuing more vague rules, explains Derek Bonett at Cato at Liberty.

 

RULE OF LAW

Countries should recognize democratic regimes and should consider recognizing entirely undemocratic regimes--while bewaring the “uncanny valley” in between, argues Michael Dorf at Dorf on Law.

 

RUSSIAN INTERFERENCE

DOJ and DHS issued a report finding no evidence of foreign interference in the 2016 elections (CBS, DOJ, Election Law Blog).

 


Daily Update | May 31, 2019

5/31/19  //  Daily Update

Trump implied in a tweet that Russia did in fact help him get elected—and quickly moved to clarify. Mueller relied on OLC precedent in his comments earlier this week. Nancy Pelosi continues to stone-wall on impeachment.

Kyle Skinner

Harvard Law School

Daily Update | May 30, 2019

5/30/19  //  Daily Update

Special Counsel Robert Mueller delivered a statement regarding the Russia investigation. Mitch McConnell says that Republicans would fill a Supreme Court vacancy in 2020 even if it occurs during the presidential election. A recent decision from AG Barr may deprive asylum seekers from a key protection against prolonged imprisonment. A federal judge has agreed to put the House subpoenas for the President’s banking records on hold while he appeals a ruling refusing to block them.

Hetali Lodaya

Michigan Law School

Daily Update | May 29, 2019

5/29/19  //  Daily Update

The Trump administration will soon intensify its efforts to reverse Obama-era climate change regulations by attacking the science that supports it. The Supreme Court upheld an Indiana law regulating the disposal of fetal remains, effectively punting on a major abortion rights decision. The Court also declined to hear a challenge to a Pennsylvania school district’s policy of allowing students to use the restroom that best aligns with their own gender identity on a case-by-case basis.

Kyle Skinner

Harvard Law School