Hetali Lodaya  //  7/3/19  //  Daily Update


The 2020 Census is being printed without a citizenship question. The House has filed a lawsuit against the Department of the Treasury and the IRS to obtain the President’s tax returns.  The Trump Administration is sending out notices threatening civil fines on individuals who are disobeying deportation orders by seeking refuge in places like churches. A federal judge blocked an order from AG Barr that said that certain asylum seekers can be detained indefinitely. Three new plaintiffs have joined a lawsuit against the CFPB alleging that it is violating the APA by not issuing certain regulations under the Dodd-Frank Act.

 

TRUMP: INVESTIGATIONS AND LITIGATION

The House has filed a lawsuit against the Department of the Treasury and the IRS for the President’s tax returns. (The Hill)

  • The complaint is here.

 

IMMIGRATION

The Trump Administration is sending out notices threatening civil fines on individuals who are disobeying deportation orders by seeking refuge in places like churches. (NPR)

The Department of Homeland Security’s independent watchdog says that poor conditions at migrant detention facilities are more widespread than previously thought. (NYT)

A federal judge blocked an order from AG Barr that said that certain asylum seekers can be detained indefinitely. (The Hill)

ICE’s daily prisoner population doubled between 2000 and 2018. (crImmigration)

 

CIVIL RIGHTS

The Supreme Court will hear a case in October deciding whether anti-LGBTQ discrimination is a form of sex discrimination that violates federal law.

Judge Reed O’Connor has issued permanent injunctions in two class actions granting religious exceptions to employers who object to the ACA’s mandate to provide contraception. (Take Care)

The majority opinion in Rucho v. Common Cause is not really about neutrality, writes Danny Wilf-Townsend at Take Care.

The Roberts Court repeatedly ignores parts of our Constitution meant to safeguard democracy, argues David Gans at Take Care.

 

DEMOCRACY

The 2020 Census is being printed without the citizenship question. (The Hill)

  • The Court should have taken a much stronger stance against the question in its opinion than it did, write Thomas Wolf and Brianna Cea at The Atlantic.
  • Any rule of law that says that some actions can be taken for some reasons, but not for others, presents remedial difficulties, writes Michael C. Dorf at Take Care.

 

CONFLICTS OF INTEREST

The President is being criticized for giving his daughter Ivanka Trump such a prominent role at the G20 summit. (Guardian)

  • The behavior of both Ivanka Trump and Donald Trump, Jr. at the G20 summit was highly inappropriate, argues Chris Cillizza at CNN.

 

REGULATION

The President has signed a bipartisan IRS reform bill. (The Hill)

Three new plaintiffs have joined a lawsuit against the CFPB alleging that it is violating the APA by not issuing certain regulations under the Dodd-Frank Act. (Consumer Finance Monitor)

It’s not going to get any easier to fill various vacant positions in the Administration as time goes on, writes Loren DeJonge Schulman at Just Security.

 

RUSSIAN INTERFERENCE

The United States needs a national strategy to prevent foreign interference in the 2020 elections, write Casey Corcoran, Bo Julie Crowley, and Raina Davis in LA Times.


Daily Update | December 23, 2019

12/23/19  //  Daily Update

Speaker of the House Nancy Pelosi and Senate Majority Leader Mitch McConnell seek to leverage uncertainties in the rules for impeachment to their advantage. White House officials indicated that President Trump threatened to veto a recent spending bill if it included language requiring release of military aid to Ukraine early next year. The DHS OIG said that it found “no misconduct” by department officials in the deaths of two migrant children who died in Border Patrol custody last year. And the FISA court ordered the Justice Department to review all cases that former FBI official Kevin Clinesmith worked on.

Emily Morrow

Harvard Law School

Daily Update | December 20, 2019

12/20/19  //  Daily Update

Speaker Nancy Pelosi indicated the House will be “ready” to move forward with the next steps once the Senate has agreed on ground rules, but the House may withhold from sending the articles to the Senate until after the new year. Commentary continues about the Fifth Circuit's mixed decision on the status of the ACA.

Emily Morrow

Harvard Law School

Daily Update | December 19, 2019

12/19/19  //  Daily Update

The House of Representatives voted to impeach President Trump. Some Democrats urge House leaders to withhold the articles to delay a trial in the Senate. Meanwhile, the Fifth Circuit issues an inconclusive decision about the future of the ACA, and DHS and DOJ proposed a new rulemaking to amend the list of crimes that bar relief for asylum seekers.

Emily Morrow

Harvard Law School