Karen Kadish  //  6/27/19  //  Daily Update


President Trump stated that he feels little pressure to reach a trade deal with China and that he is prepared to impose further tariffs on Chinese imports. The Supreme Court has cut back Auer deference, although it did not overturn Auer in Kisor v. Willkie.

 

IMMIGRATION

As rates of detained immigrants rise, fewer and fewer detainees have been convicted of a serious crime and 39% have never even been convicted of a minor violation, says a new report. (ImmigrationProf Blog)

Harsher local immigration enforcement leads to an increased risk to local law enforcement and to ICE agents, writes Alex Nowrasteh at Cato.

 

CIVIL RIGHTS

 A momentous change may be upon the Supreme Court, write Leah Litman and Seth Davis in the Washington Post.

  • The Supreme Court should adhere to precedent, unless it disagrees with that precedent, writes George Will in the Post. 

The medical system at Guantánamo has long been broken and detainees are unable to access necessary medical care, writes Scott Roehm at Just Security.

  • A report on the medical conditions at Guantánamo is available here.

 

JUSTICE & SAFETY

In Gundy, the liberal justices' desire to protect the administrative state led them to uphold an exceedingly punitive law. But this was a bad bargain. The conservatives will still reinvigorate the non-delegation doctrine, and a terrible law will still remain on the books. So argues Greg Lipper on Take Care.

Neil Gorsuch Is No Friend to Criminal Defendants, explains Leah Litman at Slate.

Robert Burns and Jon Gambrell analyze the potential consequences of a U.S.-Iran standoff. (WaPo)

 

CONFLICTS OF INTEREST

The EPA’s air policy chief is leaving the agency amid ethics concerns regarding his relationship with industry clients after he joined the EPA. (The Hill)

 

REGULATION

President Trump stated that he feels little pressure to reach a trade deal with China and that he is prepared to impose further tariffs on Chinese imports, reports Paul Wiseman at The Washington Post.

The Supreme Court has cut back Auer deference, although it did not overturn Auer in Kisor v. Willkie. (NYT; WSJCato; Volokh Conspiracy)


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