Jeffrey Stein  //  6/22/18  //  Daily Update


Federal authorities have subpoenaed the publisher of the National Enquirer for records related to its $150,000 payment to a former Playboy model for the rights to her story alleging an affair with Donald Trump. House Republican leaders postponed a vote on a “compromise” immigration proposal until Friday. The U.S. Border Patrol will no longer refer migrant parents who cross into the United States illegally with children to federal courthouses to face criminal charges. The White House announced a plan on Thursday to combine the Education and Labor departments to form the Department of Education and the Workforce. In Lucia v. SEC, the Supreme Court struck a major blow at one of the centerpieces of the administrative state: the tradition of civil-service appointments of independent administrative law judges.

 

PODCAST

On this week's episode of Versus Trump, Jason Harrow talks about the past, present, and future of impeachment with Joshua Matz. Listen now!

 

TRUMP: INVESTIGATIONS & LITIGATION

Federal authorities have subpoenaed the publisher of the National Enquirer for records related to its $150,000 payment to a former Playboy model for the rights to her story alleging an affair with Donald Trump (WSJ).

 

IMMIGRATION

House Republican leaders postponed a vote on a “compromise” immigration proposal until Friday, according to House Majority Leader Kevin McCarthy (POLITICO, NYT).

Trump's family separation separations are unconstitutional, contend Teri Kanefield and Jed Shugerman at Slate.

The U.S. Border Patrol will no longer refer migrant parents who cross into the United States illegally with children to federal courthouses to face criminal charges (WaPo).

The Department of Justice asked a federal district court to modify the Flores settlement, which prohibits the federal government from keeping children in immigration detention centers for more than 20 days, following President Trump's decision to end the practice of separating migrant children from their parents who cross the U.S. border illegally (The Hill).

The criminalization of seeking asylum is not only unethical and abhorrent, it is also illegal under refugee and human rights law binding on the United States, write Meg Satterthwaite and Rebecca Riddell for Just Security.

President Trump returned to his tough talk and called for changes in immigration laws a day after he retreated from his hard-line position of separating immigrant children from their families (NYT).

Immigration activists shuttled from terminal to terminal at La Guardia Airport in New York, after news spread that children who had been separated from their parents at the United States-Mexico border might be arriving on flights (NYT).

As reports came in of hundreds of children sent quietly to New York after being separated from their families at the southern border, consular officials from Central American countries scrambled to help (NYT).

As federal prosecutors face skyrocketing immigration caseloads along the southwestern border, the Defense Department agreed to help the Justice Department prosecute the cases (NYT).

Despite repeated claims about a “crisis of illegal immigration,” government data shows that monthly crossings along the border with Mexico are dramatically lower than they were years ago (NYT).

 

CIVIL RIGHTS

Under Secretary of Education Betsy DeVos, the department has scuttled more than 1,200 civil rights investigations that were begun under the Obama administration and lasted at least six months (ProPublica).

 

DEMOCRACY

Challengers in a partisan-gerrymandering case from North Carolina urged the Supreme Court to move ahead despite the recent decision in Gill v. Whitford, telling the justices that – unlike the Wisconsin challengers – they do have a legal right to sue (SCOTUSblog).

 

JUSTICE & SAFETY

Details blaming Syria for atrocities in eastern Ghouta, a suburb of Damascus, were uncovered by a United Nations commission investigating and documenting possible war crimes, but were omitted from the commission’s report (NYT).

 

REGULATION

In a concurrence in Pereira v. Sessions, Justice Kennedy may have signed the death warrant for Chevron deference, writes Joshua Matz for Take Care.

The White House announced a plan on Thursday to combine the Education and Labor departments to form the Department of Education and the Workforce (WSJ, CNBC).

FTC Chairman Joseph Simons announced that the agency will hold a series of public hearings to examine whether it needs to adjust its enforcement policies in order to effectively police internet platform companies (The Hill).

Internet retailers can be required to collect sales taxes in states where they have no physical presence, the Supreme Court ruled in South Dakota v. Wayfair (NYT)

 

CHECKS & BALANCES

In Lucia v. SEC, the Supreme Court struck a major blow at one of the centerpieces of the administrative state: the tradition of civil-service appointments of independent administrative law judges (SCOTUSblog).


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