Daily Update | February 8, 2018
Derek Reinbold // 2/8/18 //
Russian hackers successfully penetrated voter registration systems in several states prior to the 2016 election, said Jeanette Manfra, the head of cybersecurity at the Department of Homeland Security. A California judge ruled that a bakery can continue to refuse to make wedding cakes for same-sex couples. Alaska is at the heart of a legal challenge aimed at getting the Supreme Court to revisit Citizens United. The Senate reached a two-year budget deal that raises spending but does not address immigration.
IMMIGRATION
The Trump administration has immigration backward, writes the New York Times Editorial Board.
CIVIL RIGHTS
A California judge ruled that a bakery can continue to refuse to make wedding cakes for same-sex couples (Bakersfield Californian).
- The ruling blames the lesbian couple plaintiffs for the discrimination they suffered, and if upheld on appeal would create a constitutional right to discriminate, writes Rose Saxe for the ACLU.
DEMOCRACY
State courts have an important role to play in congressional districting and the US Supreme Court was correct to stay out of the Pennsylvania Supreme Court case, writes Vikram David Amar for Verdict.
- The Pennsylvania Supreme Court has now released its opinion, which Rick Hasen discusses and links here.
Former Attorney General Eric Holder is leading the National Democratic Redistricting Committee, which intends to pour millions of dollars into all-GOP states to attack gerrymandering (NYTimes).
The extraordinary role played by very few wealthy donors may be the most important element of the post-Citizens United era, writes Bob Biersack for OpenSecrets.
Alaska is at the heart of a legal challenge aimed at getting the Supreme Court to revisit Citizens United (SF Chronicle).
JUSTICE & SAFETY
Attorney General Jeff Session yesterday gave an extended speech outlining his law-and-order approach to his job (Sentencing Law and Policy).
Mandatory minimums distort our courts, writes Jeffrey Bellin at The Marshall Project, recounting the story of Joseph Tigano’s seven-year wait for a trial.
CONFLICTS OF INTEREST
The President’s acceptance or receipt of profits is not executive action in violation of the emoluments clauses, writes Joshua Blackman for his blog.
REGULATION
The Senate reached a two-year budget deal that raises spending but does not address immigration (NYTimes, WSJ).
- House Minority Leader Nancy Pelosi spoke yesterday for over eight hours in opposition to the spending bill because that bill does not address immigration (NYTimes, ImmigrationProf Blog).
A Senate committee voted 11-10 to advance former coal lobbyist Andrew Wheeler, President Trump’s nominee for deputy administrator of the EPA (The Hill).
In response to a question about the CFPB’s inaction with respect to Equifax’s 2017 data breach, Treasury Secretary Mnuchin said he would take up the matter with Mick Mulvaney and the Financial Stability Oversight Council (Consumer Finance Monitor).
EPA Administrator Scott Pruitt’s comments that we do not know the ideal climate are a dangerous distraction, writes Holly Doremus for LegalPlanet.
The Trump administration will hold a California hearing on offshore oil drilling; the hearing is likely to be fundamentally flawed, writes Richard Frank for LegalPlanet.
- Eric Biber concluded his three-part series examining the implications and context of the Trump administration’s offshore drilling proposal here.
The Office of Special Counsel warned federal agencies that non-disclosure agreements, insider threat programs, and employee monitoring programs may violate whistleblower protections (POGO).
The EPA must act on Connecticut’s request to crack down on pollution from a Pennsylvania power plant, ruled a federal judge (The Hill).
RULE OF LAW
Military parades are about ego and power, so of course President Trump wants one, writes Ishaan Tharor for the Washington Post.
Defense Secretary Jim Mattis has had to act as a check on an impulsive president; the question is how long that role can persist (WaPo).
RUSSIAN INTERFERENCE
Senate Judiciary Committee Chairman Senator Chuck Grassley and Senator Lindsey Graham released a letter outlining concerns over the FISA application for surveillance of Carter Page (Just Security).
- Ryan Goodman, writing for Just Security, dissects the letter here.
Russian hackers successfully penetrated voter registration systems in several states prior to the 2016 election, said Jeanette Manfra, the head of cybersecurity at the Department of Homeland Security (NBC News).
The Foreign Intelligence Surveillance Court (FISC) should announce in public whatever steps it takes in response to the House Intelligence Committee memo, writes Benjamin Wittes for Lawfare.
David Laufman, a Justice Department official who helped oversee the probes into Russian interference in the 2016 election and Hillary Clinton’s email server, stepped down, citing personal reasons amid stepped-up attacks from the Trump administration and allies (WaPo).
Russian hackers are also targeting employees of major defense contractors working on sensitive US military programs (The Hill).
Devin Nunes should be ashamed of himself, writes David Post for the Volokh Conspiracy.
Tags:
Immigration Rule of Law Conflicts Regulation Democracy Civil Rights Justice & Safety Russian Interference