Daily Update | June 28, 2019
Mackenzie Walz // 6/28/19 //
The Supreme Court ruled that the Administration’s justification for adding a citizenship question to the 2020 census was pretextual, remanding the case to the Department of Commerce to provide a clearer explanation. The Supreme Court ruled that partisan gerrymandering claims are non-justiciable because they raise political questions that are beyond the reach of the courts. The House passed the 4.6 billion dollar emergency aid bill to address the humanitarian crisis on the southern border. Former Secretary of State, Rex Tillerson, informed the House Foreign Affairs Committee that Trump’s son-in-law, Jared Kushner, engaged with state leaders without coordinating with the State Department. The White House eliminated earlier versions of its ethics waiver lists, replacing them with a new, undated ethics waiver, which may be retroactive and, therefore, invalid.
TRUMP: INVESTIGATIONS AND LITIGATION
Mueller’s report made legal errors on campaign finance laws, creating loopholes that President Trump and others may take advantage of in 2020, argues Jed Shugerman for The New York Times.
2020 CENSUS CITIZENSHIP QUESTION
The Supreme Court ruled that the Administration’s justification for adding a citizenship question to the 2020 census was pretextual, remanding the case to the Department of Commerce to provide a clearer explanation (The Hill; WaPo; NYT).
- The Supreme Court’s opinion in Department of Commerce v. New York is available here.
- SCOTUSblog breaks down the case’s legal history and the Supreme Court’s decision.
President Trump responded to the Supreme Court’s decision on Twitter, declaring that he is investigating the possibility of delaying the Census (The Hill).
A district court judge in Maryland hearing a constitutional challenge to the citizenship question wants to know by Monday whether the Administration plans to continue its attempt to add the question (TPM).
The Supreme Court’s ruling affirmed that agencies must justify their actions with believable reasons and demonstrated that the Court is not as naive as the President hoped, explains Emily Bazelon for The New York Times.
IMMIGRATION
The Trump Administration’s prosecutions of migrants who cross the border without authorization constituted 57% of all federal prosecutions in 2017 and 2018, discusses Ruthie Epstein for the ACLU.
The House passed the 4.6 billion dollar emergency aid bill to address the humanitarian crisis on the southern border (Politico).
An emergency request for a temporary restraining order and contempt order was filed in federal district court, requesting CBP begin processing and releasing detained migrant children per the Flores settlement (ImmigrationProf Blog).
Bill Ong Hing gives an account of what he saw at the migrant detention center in Clint, Texas as part of the Flores inspection team.
DEMOCRACY
Those who value a free press should speak out against the DOJ’s indictment of Julian Assange for Espionage Act violations, discuss Danielle Brian and Scott Amey for Just Security.
JUSTICE & SAFETY
The United States should stop providing aid to the Honduran government, which has engaged in corrupt practices and human and civil rights violations, argues Jan Schakowsky for The Hill.
Former Secretary of State, Rex Tillerson, informed the House Foreign Affairs Committee that Trump’s son-in-law, Jared Kushner, engaged with state leaders without coordinating with the State Department (WaPo).
Shortly before departing for the G20 Summit, President Trump criticized another military treaty, suggesting a 60-year old treaty with Japan is unfair to the United States (The Hill).
Russia’s recent interference in US elections should lead Congress to consider how Russia and authoritarian governments, in general, exploit other US systems, such as the legal system, to their advantage, discuss Russell Spivak and Benjamin Wittes at Lawfare.
While President Trump seeks a new nuclear deal with Iran, US allies do not, as they doubt he will be able to secure a deal before the 2020 election (Politico).
CONFLICTS OF INTEREST
The White House eliminated earlier versions of its ethics waiver lists, replacing them with a new, undated ethics waiver, which may be retroactive and, therefore, invalid (CREW).
CHECKS & BALANCES
Despite President Trump’s assertion to the contrary, the Constitution requires he receive approval from Congress before using military force against Iran, argues Representative Barbara Lee for The Hill.
The Senate has scheduled a symbolic vote on President Trump’s war powers (The Hill).
The Supreme Court ruled that partisan gerrymandering claims are non-justiciable because they raise political questions that are beyond the reach of the courts (NPR; NYT; WSJ).
- This decision has serious implications for Section 2 of the Voting Rights Act, contends Travis Crum for Take Care.