Daily Update | June 28, 2018
Helen Marie Berg, Ian Eppler // 6/28/18 //
Justice Anthony Kennedy announces his retirement. The travel ban has led to a 93% decrease in immigration from targeted countries since it went into effect in December. A federal judge has ruled that detained children must be reunited with their parents, but the Trump administration claims that compliance will be difficult. Despite pleas from the President, House Republicans reject immigration reform bill. On the last day of its term, the Supreme Court ruled that public sector employees who do not join a union cannot be charged fees to help pay for collective bargaining in Janus v. AFSCME, Council 31. White House National Security Advisor John Bolton says that the Russian meddling in the U.S. Election is likely to come up at a planned summit between President Trump and Vladimir Putin.
TRUMP: INVESTIGATIONS AND LITIGATION
The House plans to vote on a resolution that would demand that the DOJ turn over sensitive documents connected to the Mueller investigation to the House Intelligence Committee (Politico).
IMMIGRATION
By reviewing President Trump’s travel ban on its merits in Trump v. Hawaii, the Supreme Court makes future litigation challenging the administration’s immigration policies possible, notes Michael Dorf at Verdict.
- Just Security lays out how the decision may be applied to other immigration policies.
- SCOTUSblog explains how Trump v. Hawaii did not disrupt flawed Establishment Clause jurisprudence.
- Just Security argues that the decision sanctions discrimination as long as there is pretext.
- The ACS points out that the Court has applied religious liberty protection unequally.
- Balkinization compares the decision to one that allowed racial discrimination in the South in 1898.
The travel ban has led to a 93% decrease in immigration from targeted countries since it went into effect in December (Cato).
- The New York Times analyzes some effects on those banned from the United States.
Despite pleas from the President, House Republicans reject immigration reform bill (NYT, Politico).
Professor Ming Hsu Chen of University of Colorado Law School argues that consistent activism from community groups against the administration means that immigration policy is no longer solely shaped by the executive branch (Reg Review).
ICE announced that detained immigrants in New York will appear in front of an immigration judge for their deportation hearing by video conference instead of in person (NYT).
A federal judge has ruled that detained children must be reunited with their parents, but the Trump administration claims that compliance will be difficult (NYT).
CIVIL RIGHTS
University of Notre Dame students file a suit against their university and the Trump administration that challenges a settlement that currently allows Notre Dame to refuse to provide some kinds of birth control to its students and employees (Religion Clause).
DEMOCRACY
The dissent in Gil v. Whitford lays out an argument for proportional representation—a change that should not be determined by the court, argues James W. Lucas at The National Review.
A federal court ruled that the now-defunct Presidential Advisory Commission on Election Integrity must hand over documents to one of its former Democratic members (The Hill).
JUSTICE AND SAFETY
The Supreme Court’s decision in Carpenter v. United States reshapes Fourth Amendment law for the better, argues Paul Ohm at Just Security.
- But Carpenter does not provide guidance about how new technology will be treated by the court in the future, explains Paul Rosenzweig at Lawfare.
REGULATION
On the last day of its term, the Supreme Court ruled that public sector employees who do not join a union cannot be charged fees to help pay for collective bargaining in Janus v. AFSCME, Council 31 (WSJ, NYT, WaPo).
- An overview of the opinion is here.
- The New York Times provides analysis of the decision’s implications.
- Vox and Take Care explain that state lawmakers can limit the effects of the court’s decision.
- The New York Times notes that the decision is a blow to the LGBT community.
- Dorf on Law points out what the Court got wrong.
- The Volokh Conspiracy argues that Janus’s effects will be limited.
- The New York Times suggests that the decision protects workers’ rights and strengthens state government.
- The Volokh Conspiracy breaks down the dissent.
- SCOTUSblog argues that the decision helps small businesses.
Social media company leaders have met with Trump aides and other GOP leaders in an effort to assure them that their platforms do not censor conservative viewpoints (WaPo).
Justice Kennedy’s retirement could have negative ramifications for environmental regulations, explains Ann Carlson at Take Care.
RULE OF LAW
Justice Anthony Kennedy announces his retirement.
- SCOTUSblog has full coverage.
Without Justice Kennedy, the future is uncertain, explains Joshua Matz at Take Care.
By mandating that a new adjudicator hear Lucia v. SEC on remand, SCOTUS signals that the appearance of impartiality has a “significant place” in agency adjudications, points out Kent Barnett at Notice & Comment.
In these troubling times, we should remember the ideals of our founding fathers, suggests Rolf Mowett-Larssen at Just Security.
RUSSIAN INTERFERENCE
White House National Security Advisor John Bolton says that the Russian meddling in the U.S. Election is likely to come up at a planned summit between President Trump and Vladimir Putin (The Hill).
Tags:
Immigration Rule of Law Regulation Democracy Civil Rights Justice & Safety Russian Interference