Jacqueline Sahlberg, Jeffrey Stein  //  1/10/18  //  Daily Update

A federal judge granted a preliminary injunction that requires the Trump Administration to resume accepting Deferred Action for Childhood Arrivals (DACA) renewal applications. In a court filing, the Trump Administration said that it intends to destroy the voter data collected by the election fraud commission. Nebraska is launching an attempt to save net neutrality rules, becoming the first Republican-controlled state to do so. Senator Dianne Feinstein unilaterally released a transcript of the Judiciary Committee’s interview with one of the founders of the firm that produced an infamous dossier outlining Russian efforts to aid the Trump campaign.

SYMPOSIUM

In the midst of a bureaucratic exodus, developing a stronger culture of bureaucratic loyalty could better protect internal checks and balances, argues Jennifer Nou at Take Care.

The process behind the Trump Administration’s decisions may be just as problematic as the substance of the policies, writes Brianne Gorod at Take Care.

IMMIGRATION

A federal judge granted a preliminary injunction that requires the Trump Administration to resume accepting Deferred Action for Childhood Arrivals renewal applications (Buzzfeed, Reuters, WashPo, Politico).

• Read the order here.

President Trump’s decision to end Temporary Protected Status program for El Salvadorians may be unwise, but is not indefensible, writes Paul Rosenzweig at Lawfare.

• Subjecting Salvadorians to deportation is a reminder that our immigration system needs an overhaul, writes David Leonhart for the NYTimes.

CIVIL RIGHTS

President Trump signed an Executive Order that calls on agencies to develop a mental-health program for veterans (WashPo, WSJ).

DEMOCRACY

In a court filing, the Trump Administration said that it intends to destroy the voter data collected by the election fraud commission (Politico).

• Read the filing here.

The US Citizen Enemy Combatant Case, ACLU v. Mattis, may be moving towards a merits determination, and Robert Chesney and Steve Vladeck outline the issues at Lawfare.

JUSTICE & SAFETY

President Obama’s repeal of Iran-related nuclear sanctions in 2015 was unconstitutional, and provides President Trump with reason to rescind the agreement, argues Samuel Estreicher at Lawfare.

REGULATION

Insurers who decided to stick with ObamaCare after a tumultuous 2017 are likely to have a relatively profitable year, despite “doomsday” warnings from Republicans (The Hill).

U.S. Customs and Border Protection’s revised directive governing searches of travelers’ electronic devices at U.S. borders. fails to resolve the constitutional concerns that many have raised, argues Carrie DeCell in Just Security.

The CFPB released its sixth annual report to Congress on college credit card agreements, which departs from past reports in taking schools to task for failing to meet their obligation under the CARD Act to publicly disclose their college credit card marketing agreements (Consumer Finance Monitor).

The Federal Circuit said patent owners can appeal determinations by the Patent Trial and Appeal Board that inter partes review proceedings were commenced within the statute of limitations (Reuters).

Given the inevitability of oil spills, the Department of the Interior’s draft proposal to allow offshore drilling in essentially all U.S. waters puts coastal economies at risk, argues Rep. Frank Pallone in The Hill.

President Trump’s nominee for Health and Human Services secretary told lawmakers his experience as a drug executive makes him uniquely qualified to rein in drug costs (Politico).

CHECKS & BALANCES

Congress should allow states to treat marijuana as they see fit, without threat of heavy-handed federal interference, argues Rep. Earl Blumenauer in The Hill.

Next week, the Supreme Court will hear oral arguments about whether Courts of Criminal Appeals judges can constitutionally sit on Court of Military Commission Review, including the court at Guantanamo Bay (SCOTUSblog).

FEDERALISM

The Supreme Court heard arguments in a long-running dispute between Texas and New Mexico over Rio Grande water rights, with New Mexico’s attorney arguing that the federal government should not be allowed to intervene (Albuquerque Journal).

Nebraska is launching an attempt to save net neutrality rules, becoming the first Republican-controlled state to do so (The Hill).

REMOVAL FROM OFFICE

Neither impeachment nor the 25th Amendment will remove President Trump from office, argues Michael Dorf at Take Care.

RUSSIAN INTERFERENCE  

Senator Dianne Feinstein unilaterally released a transcript of the Judiciary Committee’s interview with one of the founders of the firm that produced an infamous dossier outlining Russian efforts to aid the Trump campaign (NYT, WaPo).

• Senator Dianne Feinstein unilaterally released a transcript of the Judiciary Committee’s interview with one of the founders of the firm that produced an infamous dossier outlining Russian efforts to aid the Trump campaign

Six House Democrats wrote a letter to Speaker Paul Ryan arguing that Republicans have "put President Trump ahead of our national interests" by failing to address the threat Russia poses to national security (Politico).