Rachel Thompson  //  7/30/19  //  Daily Update


The Supreme Court overturned a lower court order blocking the U.S. government from spending Pentagon funds to extend the border wall. Attorney General Barr ended asylum protections for migrants whose immediate relatives have been persecuted. President Trump signed an agreement with Guatemala requiring asylum seekers who travel through that country to seek refuge there before continuing to the United States. President Trump plans to nominate Representative John Ratcliffe as the next Director of National Intelligence following Daniel Coats’s resignation.

 

REMOVAL FROM OFFICE

Working from the oath that members of Congress take, along with an apparent Constitutional imperative, the obligation for impeachment is documented by Quinta Jurecic at Lawfare.

  • House Judiciary Committee Chairman Jerrold Nadler stated that the President “richly deserves impeachment” reports Karoun Demirjian at WaPo.

 

IMMIGRATION

The Supreme Court overturned a lower court order blocking the U.S. government from spending Pentagon funds to extend the border wall (Politico, NYT).

  • The text of the summary order is available here.
  • This decision points to a broader shift in how the court deals with emergency relief, argues Steve Vladeck at SCOTUSblog.

Attorney General Barr ended asylum protections for migrants whose immediate relatives have been persecuted (NYT, The Hill).

  • Read the full text of Barr’s decision here.

President Trump signed an agreement with Guatemala requiring asylum seekers who travel through that country to seek refuge there before continuing to the United States (NYT, WSJ).

  • Appeals to nullify the deal have already been filed in Guatemala (NYT).

 

REGULATION

The Trump Administration’s inconsistent rhetoric regarding the Clean Power Plan may serve to obscure the public health implications of the Affordable Clean Energy rule, write Jack Lienke and Richard L. Revesz at The Regulatory Review.

 

CHECKS & BALANCES

To what extent do legal and judicial precedents allow Congress to investigate the President and what could the scope of any investigation be?, asks Marty Lederman at the Balkanization blog.

 

RULE OF LAW

President Trump plans to nominate Representative John Ratcliffe as the next Director of National Intelligence following Daniel Coats’s resignation (WaPo, Politico).

  • Both Democrats and Republicans have expressed concerns regarding Ratcliffe’s experience and partisanship.
  • The legitimacy of the president’s appointment of an Acting Director for the post has come under question, writes Robert Chesney at Lawfare.

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