Derek Reinbold  //  1/29/18  //  Daily Update

Attorney General Jeff Sessions called for restrictions to legal and illegal immigration and an end to sanctuary cities. The Lawyers’ Committee for Civil Rights Under Law sued the Departments of Justice and Homeland Security for blocking information related to the now-defunct Presidential Advisory Commission on Election Integrity. A bipartisan group of 54 lawmakers urged the Trump administration to reinstate an Obama-era policy giving states leeway to allow for recreational marijuana. Responding to reports that President Trump considered firing Special Counsel Robert Mueller, several Republican lawmakers urged the President against firing Mueller.

IMMIGRATION

It’s been one year since President Trump first issued the executive order restricting travel by citizens of several largely Muslim countries; Voice of America collected stories about the year of the ban (Voice of America).

• The travel ban litigation gives the Supreme Court a historic choice regarding the scope of presidential power, writes Garrett Epps at The Atlantic.

Attorney General Jeff Sessions called for restrictions to legal and illegal immigration and an end to sanctuary cities (WaPo).

Federal Immigration Officials and state police circumvented state law as part of a crackdown on undocumented individuals, writes Gilles Bissonnette for the ACLU of New Hampshire.

CIVIL RIGHTS

The Lawyers’ Committee for Civil Rights Under Law sued the Departments of Justice and Homeland Security for blocking information related to the now-defunct Presidential Advisory Commission on Election Integrity (Lawyers’ Committee).

DEMOCRACY

Gerrymandering is not the root of all political evil, writes Dan Balz at the Washington Post.

• Lawmakers in Maryland and Virginia should address partisan gerrymandering before the state judiciary does it for them, writes the Washington Post’s Editorial Board.

1 in 5 black adults in Florida cannot vote—Florida should scrap its racist felon disenfranchisement voting laws, writes the Washington Post’s Editorial Board.

After the Pennsylvania Supreme Court struck down the state’s congressional districts as unconstitutionally gerrymandered, Pennsylvania Republicans brought their appeal to the Supreme Court, writes Amy Howe at SCOTUSblog.

• The Republicans appealed to Justice Alito, who has yet to respond, notes Rick Hasen at Election Law Blog.

Low voter turnout hurts both parties by empowering extreme candidates. We should adopt universal vote by mail, write Gilad Edelman and Paul Glastris at the Washington Post.

JUSTICE & SAFETY

The homicide rate is falling in New York, Los Angeles and other major hubs of the drug trade, but the Trump administration sees “carnage,” writes Nick Miroff for the Washington Post.

A bipartisan group of 54 lawmakers urged the Trump administration to reinstate an Obama-era policy giving states leeway to allow for recreational marijuana (The Hill).

A lawyer to Koch Industries left a meeting with Attorney General Jeff Sessions saying that Sessions is “totally on board” with administration plans to reform America’s prison system (The Hill).

Florida police officers are claiming the protection of the state’s Stand Your Ground law (NYT).

REGULATION

President Trump used his platform at Davos to try and reassure the world’s political and financial leaders that “America First” did not imply a rejection of international cooperation (NYT).

• But Davos shows that geopolitical momentum lies in Beijing, not Washington, writes Keith Bradsher for the New York Times.

A rise in oil prices and a shale drilling spree in the United States has led to a resurgence in American oil production, enabling the U.S. to challenge Saudi dominance (NYT).

The Department of Interior is acting with contempt for government integrity and good governance, writes Holly Doremus at LegalPlanet.

Hedge funds are spending money behind the scenes to create the appearance of authentic support for their interests (Bloomberg Businessweek).

CHECKS & BALANCES

Although there are no vacancies on the Supreme Court, a conservative group with ties to the Koch brother is already mobilizing for the next seat (McCaltchy).

White House Counsel Don McGahn has moved quickly to place conservatives at all levels of the judiciary, writes Ariane de Vogue for CNN.

FEDERALISM

The Supreme Court will decide whether to allow states to impose sales tax obligations on retailers who lack a physical presence in the state. The Justices should not worry about making their decision apply retroactively, writes Daniel Hemel on Medium.

RUSSIAN INTERFERENCE 

Responding to reports that President Trump considered firing Special Counsel Robert Mueller, several Republican lawmakers urged the President against firing Mueller (WSJ).

• Not all Republicans were on board: House Majority Leader Kevin McCarthy said there was no need to pass a measure to protect Mueller and defended the Trump administration’s handling of Mueller’s probe (WaPo).
• Ryan Goodman offered three insights into the attempted firing and obstruction of justice.

President Trump’s lawyers have been looking to a 1990s court ruling that could delay an encounter with Special Counsel Robert Mueller (WSJ).

• The 1990s ruling from the story is In Re: Sealed Case, a 1997 D.C. Circuit case available here.

Republicans have been clamoring to release a classified memo they think will undercut the investigation into Russian meddling. President Trump wants them to release the memo, but his Justice Department warns that releasing the memo without review would be “extraordinarily reckless” (WaPo).

White House Counsel Don McGahn seems to be the subject of recent revisionism; it’s unclear if this is an attempt to set the record straight or to lay the groundwork to leave the administration, writes Jack Goldsmith at Lawfare.

• Bob Bauer, Former White House Counsel to President Obama, offered his thoughts on McGahn at Lawfare.

Election interference is likely to worsen in 2018, writes Miles Parks at NPR.