Abigail DeHart  //  1/15/19  //  Daily Update


Attorney General nominee Bill Barr said in written testimony to the Senate Judiciary Committee that Special Counsel Robert Mueller should be allowed to complete his investigation. More than 40,000 immigration hearings across the country have been cancelled because of backlogs due to the government shutdown. President Trump threatened to economically “devastate” Turkey if it attacked U.S. Kurdish partners in Syria following U.S. withdrawal. A federal judge in California temporarily blocked new rules that would have allowed employers to opt out of the ACA's contraceptive mandate from going into effect in several states. The Department of Education is expected to issue a proposal this month which would change work rules for people with disabilities.

 

TRUMP: INVESTIGATIONS AND LITIGATION

Attorney General nominee Bill Barr said in written testimony to the Senate Judiciary Committee that Special Counsel Robert Mueller should be allowed to complete his investigation (WaPo).

A memo about the Mueller investigation written to the DOJ last summer by Attorney General nominee, Bill Barr ought to disqualify him, contends Neil J. Kinkopf at Take Care.

In response to the FBI counterintelligence probe into President Trump, the DOJ Inspector General should be given more authority to investigate, argues Stewart Baker at Lawfare.

 

IMMIGRATION

On the 24th day of the government shutdown, President Trump seemed to back down from his threat to declare a national emergency to fund his proposed border wall (LATimes).

More than 40,000 immigration hearings across the country have been cancelled because of backlogs due to the government shutdown (CNN).

 

JUSTICE AND SAFETY 

President Trump threatened to economically “devastate” Turkey if it attacked U.S. Kurdish partners in Syria following U.S. withdrawal (Reuters, WaPo).

Transportation Secretary Elaine Chao announced new proposed rules that would allow drones to fly at night without a waiver and permit flights over populated areas (The Hill).

In addition to the domestic legal implications, there are international issues with President Trump using emergency powers to secure borders in the United States (Just Security).

 

REGULATION

A federal judge in California temporarily blocked new rules that would have allowed employers to opt out of the ACA's contraceptive mandate from going into effect in several states (NYT, Politico)

  • Analysis of this opinion and broader issues with the contraception rules can be found here written by Nick Bagley at Take Care.

The Department of Education is expected to issue a proposal this month which would change work rules for people with disabilities (Disability Scoop).

 

RULE OF LAW

Democratic politics plays a central role in determining the success or failure of special prosecutor investigations into U.S. presidents, writes Andrew Coan at Take Care.

 

CHECKS AND BALANCES

Neomi Rao, President Trump's nominee to the DC Circuit, was reported to have published controversial statements about date rape, LGBT rights, race relations, and other sensitive topics during her undergraduate studies (CNNBuzzfeed).

 


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

Daily Update | May 28, 2019

5/28/19  //  Daily Update

Days after ordering an additional 1,500 troops to the Middle East, President Trump announced the Administration is not seeking a regime change in the country. Isolating himself from his allies and advisors, President Trump sided with North Korean leader Kim Jong Un, declaring he did not think North Korea’s missile tests violated the UN resolution. Due to a surge in border crossings, the Administration is sending up to 3,000 migrants every week for processing in cities outside of their original points of entry. Transgender rights advocates intend to fight the Administration’s proposed rule change that would make it easier for doctors to refuse care to transgender patients.

Mackenzie Walz

University of Michigan Law School