Helen Marie Berg  //  6/29/18  //  Daily Update


Local governments sever contracts with ICE in wake of protests against President Trump’s immigration policies. The State Department condemns the separation of families at the border and claims that the policy makes children more vulnerable to human trafficking in a report issued before the administration began the practice. Justice Kennedy’s departure is expected to affect abortion rights, affirmative action, and LGBT issues. Senator Jeff Flake plans to stall the confirmation of President Trump’s judicial nominees until the Senate takes action on tariffs. A newly unsealed search warrant reveals that a Russian oligarch loaned former Trump campaign manager Paul Manafort $10 million. President Trump continues to spread conspiracy theories about Russian interference.

 

TRUMP: INVESTIGATIONS AND LITIGATION

On the latest episode of Versus Trump, listen to Charlie Gerstein and Jason Harrow discuss the leaked memo from President Trump’s former lawyer John Dowd that claims that the President should not have to sit for an interview with the special counsel.

A newly unsealed search warrant reveals that a Russian oligarch loaned former Trump campaign manager Paul Manafort $10 million (WaPo).

An aide to Roger Stone was subpoenaed to appear before a grand jury hearing evidence from the Mueller investigation (NYT).

The House passed a resolution that demands that the DOJ turn over documents from Mueller’s investigation to the House Intelligence Committee (NYT).

 

IMMIGRATION

Separating children from their families is legally indefensible, argues David Bier at Cato at Liberty.

Local governments sever contracts with ICE in wake of protests against President Trump’s immigration policies (NYT).

The State Department condemns the separation of families at the border and claims that the policy makes children more vulnerable to human trafficking in a report issued before the administration began the practice (WaPo).

ICE agents send letter to Department of Homeland Security Secretary Kirstjen Nielsen urging her to reorganize the agency amid protests (WaPo).

Immigration judges are setting higher bonds for detainees, making it harder for families to be reunited (PBS).

The Trump administration’s “zero tolerance” policy is not likely to reduce crime and terrorism (WaPo).

  • Cato at Liberty reports that .1% of arrests at the border are related to MS-13.

The majority in Trump v. Hawaii may have been legally right, but was morally wrong, argues Quinta Jurecic at Lawfare.

  • SCOTUSblog points out that the majority is wrong about Korematsu having nothing to do with their decision.
  • The New York Times highlights the opinions of survivors of Japanese internment camps. 

A federal court rules that DACA recipients are not entitled to Second Amendment rights (The Volokh Conspiracy). 

By ending administrative closures and imposing quotas on immigration judges, Attorney General Sessions is undermining the fairness of immigration adjudications, explains Katrina Eiland at the ACLU.

 

CIVIL RIGHTS

Justice Kennedy’s departure is expected to affect abortion rights, affirmative action, and LGBT issues (Politico, NYT,  CNN, WaPo, NYT).

 With Justice Kennedy gone, the Supreme Court will continue to protect corporations and ignore working class people, writes Jedediah Purdy at The New York Times.

 

JUSTICE AND SAFETY

Secretary of Defense Jim Mattis reaffirms the U.S.’s commitment to South Korea despite ending joint military exercises (NYT).

DOJ charges more than 600 people, including doctors and other medical professionals, in healthcare fraud case (WaPo).

 

REGULATION

The Janus decision indicates that the Court takes sides when it comes to free speech, argues Amanda Shanor at Take Care. 

The Supreme Court’s decision in Janus might disrupt unions now but will protect the free speech of workers in the long-term, argues Matthew Forys at SCOTUSblog.  

  • SCOTUSblog explains how labor unions will be affected.
  • On Labor provides a round-up of coverage of Janus.
  • SCOTUSblog also argues that the decision is “doctrinally indefensible.”

In an effort to dismantle regulations, EPA Administrator Scott Pruitt is changing how the EPA does cost-benefit analysis, explains Rob Verchick at the LA Times.

The FEC is deciding between two proposals on regulations for digital political ads (WaPo).

 

RULE OF LAW

The Supreme Court has failed to protect the country from the President’s disregard for the rule of law, explains David Gans at Take Care.

The battle over Justice Anthony Kennedy’s successor begins as commentators weigh on who the President will choose (WSJ, WaPo).

  • SCOTUSblog offers a tribute to the Justice.
  • The Washington Post writes about how Justice Kennedy was a true swing vote.
  • The Volokh Conspiracy offers several looks at Justice Kennedy’s legacy.
  • SCOTUSblog has a round-up of stories about the announcement.
  • The Washington Post examines when nominations have been made during an election year.
  • The ACLU writes that Justice Kennedy was a voice for equal dignity for all.
  • Notice & Comment offers a view on the upcoming nomination from a Senate procedural perspective.
  • The New York Times explains the Court’s shift to the right.
  • The Washington Post points out that Democrats are powerless in blocking President Trump’s pick.
  • Above the Law suggests that Justice Kennedy’s retirement will not change much.
  • The New York Times points out ways to energize Democratic voters over the Supreme Court.
  • SCOTUSblog profiles a likely nominee.

Senator Jeff Flake plans to stall the confirmation of President Trump’s judicial nominees until the Senate takes action on tariffs (WaPo).

 

CHECKS AND BALANCES

The Supreme Court and Congress have failed to rein in the President—are we down to one branch of government?, asks Kate Brannen at Just Security.

FBI Director Christopher Wray and Deputy Attorney General Rod Rosenstein to testify in front of the House Judiciary Committee the inspector general report on the investigation into Hillary Clinton’s email server use (WaPo).

 

RUSSIAN INTERFERENCE

Social media platforms that Russia used to interfere with the 2016 election are working to avoid a repeat in 2018 (Center for Public Integrity). 

President Trump continues to spread conspiracy theories about Russian interference (WaPo).

 


Daily Update | May 30, 2019

5/30/19  //  Daily Update

Special Counsel Robert Mueller delivered a statement regarding the Russia investigation. Mitch McConnell says that Republicans would fill a Supreme Court vacancy in 2020 even if it occurs during the presidential election. A recent decision from AG Barr may deprive asylum seekers from a key protection against prolonged imprisonment. A federal judge has agreed to put the House subpoenas for the President’s banking records on hold while he appeals a ruling refusing to block them.

Hetali Lodaya

Michigan Law School

Daily Update | May 29, 2019

5/29/19  //  Daily Update

The Trump administration will soon intensify its efforts to reverse Obama-era climate change regulations by attacking the science that supports it. The Supreme Court upheld an Indiana law regulating the disposal of fetal remains, effectively punting on a major abortion rights decision. The Court also declined to hear a challenge to a Pennsylvania school district’s policy of allowing students to use the restroom that best aligns with their own gender identity on a case-by-case basis.

Kyle Skinner

Harvard Law School

Daily Update | May 28, 2019

5/28/19  //  Daily Update

Days after ordering an additional 1,500 troops to the Middle East, President Trump announced the Administration is not seeking a regime change in the country. Isolating himself from his allies and advisors, President Trump sided with North Korean leader Kim Jong Un, declaring he did not think North Korea’s missile tests violated the UN resolution. Due to a surge in border crossings, the Administration is sending up to 3,000 migrants every week for processing in cities outside of their original points of entry. Transgender rights advocates intend to fight the Administration’s proposed rule change that would make it easier for doctors to refuse care to transgender patients.

Mackenzie Walz

University of Michigan Law School