Sarah Mahmood, Ian Eppler  //  7/17/17  //  Daily Update


The government has asked the Supreme Court to clarify its June 26th ruling partially blocking the revised entry ban after a Hawaii district court issued a revised injunction in the case. The Presidential Commission on Election Integrity has published comments critical of its work, as well as the names and contact information of their authors, and Commission Vice Chair Kris Kobach was revealed to have proposed revisions to the National Voter Registration Act requiring proof of citizenship from all registrants. Deputy Attorney General Rod Rosenstein has published an op-ed defending the DOJ policy requiring prosecutors to seek the most serious charges possible. Attorney General Jeff Sessions has asked the Senate to roll back rules to allow the DOJ to impose a federal ban on medical marijuana.  

 

IMMIGRATION 

The government has asked the Supreme Court to clarify its June 26th ruling granting a partial stay of an injunction blocking the revised entry ban after a Hawaii district court issued a revised injunction (BuzzFeed, Lyle Denniston Law News, SCOTUSBlog).

  • The motion is available here.
  • The government has asked the 9th Circuit to stay the district court’s revised injunction.
  • Leah Litman criticizes the arguments in the government’s motion at Take Care.
  • Marty Lederman offers additional thoughts on the government’s motion at Take Care.
  • Michael Dorf notes that the government will likely interpret any ambiguities in the new injunction narrowly at Take Care.
  • Lyle Denniston documents the procedural complexity of the entry ban litigation.
  • Arkansas Solicitor General Lee Rudofsky critiques the Supreme Court’s analysis in its stay order at SCOTUS Blog.
  • Also at SCOTUS Blog, Frank Trinity, Chief Legal Officer of the Association of American Medical Colleges, explains why the organization filed an amicus brief in the entry ban litigation.
  • Cody Wofsy summarizes the Hawaii court’s order at the ACLU.
  • The government’s interpretation of the term “bona fide relationship” in the Supreme Court’s order devalues many important family relationships, writes Shoba Sivaprasad Wadhia at ACS Blog.

 

The Trump administration is considering an executive order that would expand a procedure used for expedited removal of undocumented immigrants (WaPo).

  • At Immigration Prof Blog, Kevin Johnson argues that an expansion of expedited removal may be unconstitutional.

 

CIVIL RIGHTS

Education Secretary Betsy DeVos criticized the purported “overreaching” of the Department’s Office of Civil Rights under the Obama administration and announced her intent to return it to a “neutral agency” (Politico).

Attorney General Jeff Sessions’ speech to the Alliance Defending Freedom suggests that he cannot be trusted to defend LGBT rights, argues Brian McBride at Human Rights Campaign.

 

DEMOCRACY

The Presidential Commission on Election Integrity has published hundreds of public comments criticizing the commission’s work, including the names and contact information of critics (Ars Technica, WaPo, Vox).

  • Common Cause has sued to block the Commission from collecting certain voter data.

Presidential Commission on Election Integrity Vice Chair Kris Kobach proposed revisions to the National Voter Registration Act to allow states to require proof of citizenship from all registrants, per an email released as part of litigation by the ACLU (Huffington Post).

State and local election officials must work with non-governmental organizations to guard against the joint threats of external interference in elections and federal voter suppression, writes Rick Hasen in the New York Times.

 

JUSTICE & SAFETY

Deputy Attorney General Rod Rosenstein has published an op-ed defending the Department of Justice’s new policy instructing federal prosecutors to seek the most serious possible charges in all cases (SF Chronicle).

Although many states have moved to loosen their marijuana laws, a federal crackdown under Attorney General Jeff Sessions looms, writes Avantika Chilkoti in the New York Times.

                                                                                   

REGULATION

The new Senate health care bill contains special provisions meant to benefit specific states with increased funding (NYT).

                                                           

CHECKS & BALANCES

Litigation surrounding the immigration ban may portend the end of the strong form of the plenary-power doctrine, writes Margo Schlanger at SCOTUS Blog.

 Transgender students are turning to the courts for protection as the Department of Education withdraws its support for them (NYT).

                                                                                   

FEDERALISM

Attorney General Jeff Sessions has asked the Senate to roll back rules to allow the Justice Department to circumvent state laws and impose a federal ban on medical marijuana (NYT).

                                                                                   

REMOVAL FROM OFFICE

Congressman Al Green has said he is prepared to file more articles of impeachment against President Trump if the House Judiciary Committee does not act on the ones already filed. (Newsweek, The Hill).

Trump is unlikely to be impeached any time soon because Congressmen are weary to anger staunchly conservative voters, who are more likely to turn out in the midterm elections, argues Philip Bump.

                                                           

RUSSIAN INTERFERENCE

Donald Trump, Jr. did not violate the Federal Election Campaign Act if he was unaware of its provisions, argues Andy Grewal at Yale Journal on Regulation: Notice & Comment.

Trump. Jr. may remain civilly liable, and he may nonetheless be criminally liable depending on the evidence, cautions Rick Hasen.

Ty Cobb will join President Trump’s legal team tasked with responding to the government investigation into the Trump campaign’s potential collusion with Russia (NYT).

                                               

CONFLICTS OF INTEREST

President Trump’s campaign committee paid the law firm of an attorney representing Donald Trump, Jr. last month, two weeks before the representation was announced (WaPo).

 

RULE OF LAW                                    

Should President Trump revoke the Iran nuclear deal, Iran may respond by building upon tactics used in the Iran-Iraq War, explain Ariane Tabatabai and Annie Tracy Samuel at Lawfare.


Daily Update | April 24, 2018

4/24/18  //  Daily Update

As the Supreme Court prepares to hear oral argument in litigation challenging the Trump Administration’s “Muslim ban,” the Department of Homeland Security is moving ahead with plans to establish a National Vetting Center that is supposed to establish tighter restrictions on screening foreigners. The Department of Education has shut down dozens of investigations into complaints of racial discrimination in school discipline. Thousands of Puerto Rican families displaced by Hurricane Maria have had to repeatedly face deadlines that would cut off federal assistance in providing temporary housing. The Senate Foreign Relations Committee signaled its approval of Mike Pompeo’s nomination as Secretary of State, following a late intervention by President Trump.

Zachary Piaker

Columbia Law School

Daily Update | April 23, 2018

4/23/18  //  Daily Update

The Democratic National Committee sued the Russian government, Russian government entities, the Trump campaign, Wikileaks, and Trump campaign officials alleging a conspiracy to hack DNC servers and release information during the 2016 election. Attorney General Jeff Sessions told White House Counsel Don McGahn that he would consider resigning if President Trump fired Deputy Attorney General Rod Rosenstein.The Trump administration will pivot its teen pregnancy prevention funding efforts toward abstinence-based programs and away from comprehensive sexual education. The CIA’s campaign for controversial deputy director Gina Haspel to be confirmed as its director is atypically public and political. The future of the Iran nuclear deal will be central to meetings between French President Emmanuel Macron and President Trump next week.

Daily Update | April 20, 2018

4/20/18  //  Daily Update

New York Governor Andrew Cuomo announced that he intends to restore voting rights to felons on parole, a move that could open the ballot box to more than 35,000 people. The White House cybersecurity team is undergoing a major shuffle that former officials say could jeopardize the administration’s efforts to develop policy and punish hackers. Congressional Republicans want to impose "net neutrality" rules that allow Internet service providers to charge online services and websites for priority access to consumers, analogizing paid priority to TSA Precheck. Just four months after giving $1.5 trillion in tax cuts to the wealthiest Americans, House Republicans recently unveiled a farm bill that would dismantle the nation’s main source of nutrition assistance for struggling workers and families. Congress will hold hearings to debate America’s role in the Yemeni civil conflict, which has led to one of the world's most dire humanitarian crises.

Jeffrey Stein

Columbia Law School