Daily Update | July 15, 2019
Mackenzie Walz // 7/15/19 //
A panel of the DC Circuit Court of Appeals appeared skeptical of the President’s arguments during a hearing over the House Oversight Committee’s subpoena for some of his financial records. The Ninth Circuit Court of Appeals ruled the DOJ has the authority to prioritize states and cities who cooperate with federal immigration laws when issuing COPS grants. The Trump Administration asked the Supreme Court to lift a district court order that enjoined the Administration from diverting military funds to build the border wall. The Third Circuit Court of Appeals blocked a rule promulgated by DHHS that would have allowed employers to deny insurance coverage for birth control because of a religious or moral objection. The House approved a measure that would prevent President Trump from going to war with Iran without first receiving congressional approval.
TRUMP: INVESTIGATIONS AND LITIGATION
DC Circuit judges appeared skeptical of the President’s arguments during a hearing over the House Oversight Committee’s subpoena for some of his financial records (The Hill).
- Lawfare provides a summary of the oral argument here.
It appears that federal prosecutors investigating whether Trump Organization officials broke campaign finance laws are wrapping up their investigation without filing charges (The Hill).
IMMIGRATION
The Trump Administration’s border policies are not just cruel, but also ineffective because they ignore the root causes of Central American migration, argues Ricardo Salinas for The New York Times.
The Ninth Circuit Court of Appeals ruled the DOJ has the authority to prioritize states and cities who cooperate with federal immigration laws when issuing COPS grants (The Hill).
- The opinion is available here.
- This decision will likely have a limited precedential impact due to the unusual nature of the grant program, discusses Ilya Somin for The Volokh Conspiracy.
The Trump Administration asked the Supreme Court to lift a district court order that enjoined the Administration from diverting military funds to build the border wall (The Hill; Politico).
The recent deportation raids were carried out with two audiences in mind, the President’s base and prospective Central American migrants, argues The Washington Post Editorial Board.
The lack of any response from Republicans to President Trump's racist tweets is a dangerous sign for our democracy, warns Marty Lederman at Balkinization.
DEMOCRACY
There are several takeaways from the Second Circuit’s opinion holding that the First Amendment prohibits the President from blocking critics on Twitter, discusses Amanda Shanor for Take Care.
REGULATION
The Third Circuit Court of Appeals blocked a rule promulgated by DHHS that would have allowed employers to deny insurance coverage for birth control because of a religious or moral objection (The Hill; WSJ).
The Administration is issuing final rules to suspend an Obama-era regulation that increased penalties automakers faced if they failed to meet fuel-efficiency requirements (Reuters; The Hill).
CHECKS & BALANCES
The House approved a measure that would prevent President Trump from going to war with Iran without first receiving congressional approval (WaPo; NYT).
RULE OF LAW
The Court required the Administration show a measure of good faith in the citizenship question litigation but it is unclear whether they will require this showing on future occasions, discusses Peter Shane for The Atlantic.
REMOVAL FROM OFFICE
Alexander Acosta is the latest Administration official to resign, leaving the Departments of Labor, Homeland Security, and Defense in the hands of acting secretaries (NYT).
RUSSIAN INTERFERENCE
Although the Special Counsel’s testimony before Congress has been postponed to July 24th, he will now testify for an extended period of time (The Hill).