Lark Turner  //  7/3/18  //  Daily Update


Trump’s former lawyer Michael Cohen says his “first loyalty” is to his family. Anti-Muslim attacks and animus are undermining years of work to build cooperation and civil rights protections for American Muslims. Senator Collins should not trust Justice Gorsuch to rule against overturning Roe v. Wade. The investigation into Facebook-fueled election interference by Cambridge Analytica is broadening. EPA head Scott Pruitt’s conduct may have violated federal rules of official conduct. President Trump is being wooed — effectively — by super PAC America First.

 

TRUMP: INVESTIGATIONS AND LITIGATION

Trump’s former lawyer Michael Cohen says his “first loyalty” is to his family (ABC News, WaPo).

How should ongoing investigations into President Trump affect the search for Justice Kennedy’s replacement? asks Bob Bauer at Just Security.

 

IMMIGRATION

The Supreme Court’s didn’t decide the travel ban is lawful — and what it did decide is indefensible, argues Marty Lederman at Just Security.

In addition to being “judicial clickbait,” Justice Roberts’ depiction of Korematsu in Trump v. Hawaii is just wrong, writes Anil Kalhan in Dorf on Law.

 

CIVIL RIGHTS

The anti-animus principle invoked by Justice Kennedy in Masterpiece Cakeshop “cannot mean that it is always out of bounds to criticize someone who uses religion as a justification for particular actions, or wrongs,” write Leah Litman and Abigail DeHart in Take Care.

Based on his record on the Court so far, Senator Collins should not trust Justice Gorsuch to rule against overturning Roe v. Wade, writes Brianne J. Gorod for Take Care.

  • Abortion rights activists are right to be concerned, argues Irin Carmon at PostEverything.
  • Collins is under a “grand delusion,” writes James Downie at The Washington Post.

Anti-Muslim attacks and animus are undermining years of work to build cooperation and civil rights protections for American Muslims, writes Salam al-Marayati at Lawfare.

In 170 actions and counting, the ACLU goes after Trump (NYT Magazine).

 

DEMOCRACY

Justice Kennedy thought of himself as a defender of free speech, but his record complicates that vision, writes Erwin Chemerinsky at SCOTUSblog.

Faith in democracy is declining, and partisan gerrymandering plays a part, argues Gerald F. Seib in The Wall Street Journal.

Janus is unprincipled and “intellectually bankrupt,” writes Catherine L. Fisk at ACSBlog.

  • It’s the left that’s weaponizing the First Amendment, argues Roger Pilon on Cato at Liberty.

 

JUSTICE & SAFETY

On the death penalty, Justice Kennedy was ultimately “more inclined to gauge the degree of civilization in American society by its prisons than by its execution chambers,” write Carol Steiker and Jordan Steiker for SCOTUSblog.

 

CONFLICTS OF INTEREST

President Trump is being wooed — effectively — by super PAC America First (WaPo).

 

REGULATION

EPA head Scott Pruitt’s conduct may have violated federal rules of official conduct, former ethics chief says (WaPo).

 

RUSSIAN INTERFERENCE

The investigation into Facebook-fueled election interference by Cambridge Analytica is broadening, officials say (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