Lark Turner  //  7/2/18  //  Daily Update


Thousands marching in nationwide protests call for end to family separation policies and Trump’s “zero tolerance” immigration policy. The number of people who fall under the travel ban is more than 135 million. President Trump admits his Supreme Court pick may overturn or undermine Roe v. Wade. George Papadopoulos’s sentencing is scheduled for September. North Korea is unlikely to denuclearize and hopes to trick the United States into thinking otherwise. Despite close elections, Republicans have an ever-increasing grip on all branches of government. Rupert Murdoch is selling a big chunk of his media empire.

 

TRUMP: INVESTIGATIONS AND LITIGATION

The term “collusion” dates back to press coverage of the 2016 Democratic National Convention, writes Victoria Clark at Lawfare.

George Papadopoulos’s sentencing is scheduled for September (The Hill).

 

IMMIGRATION

Thousands marching in nationwide protests call for end to family separation policies and Trump’s “zero tolerance” immigration policy (NYT, WSJ).

  • Child separation began before Trump announced his zero tolerance policy (LA Times).
  • The battle over child separation is still in full swing, explains Deborah Pearlstein at Just Security.
  • President Trump’s child separation policy brought forth intense international condemnation, writes Fionnuala Ní Aoláin at Just Security.
  • One migrant dad describes his experience with the separation policy (Marshall Project).
  • Private prisons stand to benefit the most from Trump’s immigrant imprisonment policies, writes Alexandra F. Levy at The Washington Post.

The number of people who fall under the travel ban is more than 135 million (NYT). 

Trump tweets that ICE has “liberated” towns from U.S. gang MS-13, and the claim is inaccurate (NYT).

  • ICE to get an interim director from the Border Patrol (NYT).

 

CIVIL RIGHTS

President Trump admits his Supreme Court pick may overturn or undermine Roe v. Wade (WSJ).

  • Civil rights advocates need to win “the fight of our lives,” writes E.J. Dionne at The Washington Post.
  • On Kennedy’s replacement, Sen. Susan Collins says “hostility” to abortion rights “would not be acceptable” (NYT).
  • Conservative Leonard Leo plays an outsize role in who will replace Kennedy (WSJ).
  • President Trump says he’s cut down his shortlist for Kennedy’s replacement to five (WSJ).

 

DEMOCRACY

Abandoning “defensive crouch liberalism” may be an even “better idea now” than when it was proposed, writes Mark Tushnet at Balkinization.

Despite close elections, Republicans have an ever-increasing grip on all branches of government, writes Aaron Blake at The Washington Post.

Janus puts progressive groups’ funding at risk (NYT).

  • Mark Janus agreed to be a plaintiff in his case, which was funded by conservative, pro-business donors, because he thinks unions are “bankrupting” Illinois, he writes in The Washington Post.

Rupert Murdoch is selling a big chunk of his media empire (WaPo).

 

JUSTICE & SAFETY

North Korea is unlikely to denuclearize and hopes to trick the United States into thinking otherwise, intelligence officials say (WaPo).

Canada bites back over U.S. tariffs (LA Times).

 

REGULATION 

In emails, EPA officials and industry lobbyists appear to have a close relationship (WaPo).

 

CHECKS & BALANCES

The Court is not checking President Trump, even as he mocks and challenges courts, argues David Gans at Take Care. 

The ideology of the Supreme Court hangs in the balance in the midterm elections, and not because of Justice Kennedy’s retirement, writes G. Michael Parsons at Take Care.

Justice Kennedy’s retirement could signal the biggest Supreme Court shift in decades (WaPo).

  • Voting rights groups worry a possible route to end partisan gerrymandering is now foreclosed (NYT).
  • The justice “never left” the GOP, argues Mark Graber at Balkinization.
  • The only clerks Justice Kennedy hired were counter-clerks, writes Leah Litman at SCOTUSblog.
  • Kennedy was “implacably opposed to racial classifications that affected individuals,” writes Theodore Shaw at SCOTUSblog.
  • During Kennedy’s tenure on the court, the legal profession was “forced … to think sympathetically” about ideologically diverse views, writes Richard M. Re at SCOTUSblog.  
  • Justice Kennedy was a man of “down-to-earth warmth,” writes Stephanos Bibas for SCOTUSblog.
  • Kennedy’s jurisprudential legacy “is as fragile as it is immense,” writes Jonathan Turley for The Washington Post.
  • The justice’s recent vote in Wayfair says a lot about the justice and his jurisprudential approach, writes Daniel Hemel at SCOTUSblog.
  • Kennedy’s retirement is bad news for prisoners sentenced to death (Huffington Post).
  • Justice Kennedy played an important role in the U.S.’s “slow transformation into a judicial-executive dyarchy,” argues Ross Douthat at The New York Times.

Statistics on SCOTUS’ October 2017 term (SCOTUSblog).

 

REMOVAL FROM OFFICE 

What George Washington knew how to do and Trump does not: evolve (WaPo).

  


Daily Update | May 31, 2019

5/31/19  //  Daily Update

Trump implied in a tweet that Russia did in fact help him get elected—and quickly moved to clarify. Mueller relied on OLC precedent in his comments earlier this week. Nancy Pelosi continues to stone-wall on impeachment.

Kyle Skinner

Harvard Law School

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