Raquel Dominguez  //  6/30/17  //  Daily Update


The State Department implemented President Trump's revised travel ban and issued guidance on how it interprets the Supreme Court's recent decision blocking part of the ban. Hawaii filed an emergency motion seeking to clarify the scope of the injunction against the revised travel ban. The controversial Pence-Kobach commission has requested state voter data; several states already have refused this request. The House Appropriations Committee has voted to sunset the AUMF. House Democrats have asked the DOJ’s Office of the Inspector General to investigate the extent of Attorney General Jeff Session’s involvement in the dismissal of former FBY Director James Comey.

 

PODCAST

The Supreme Court's recently granted case on partisan gerrymandering could affect President Trump if he seeks re-election, posit Charlie Gerstein and Easha Anand on this week’s episode of Versus Trump

 

IMMIGRATION

The State Department implemented the President's revised travel ban and issued guidance on how it interprets the Supreme Court's recent decision blocking part of the ban (NYT, NYT, WSJ, WaPo).

  • A copy of the State Department cable was published on Reuters here.
  • Leah Litman provides background on how the Court has historically interpreted close family relationships (Take Care).
  • Amir Ali doubts that Trump's interpretation meets the good faith standard (Take Care).
  • Marty Lederman explains various absurdities that result from the Trump Administration's position (Take Care).
  • Josh Blackman on Lawfare describes the common role of intra-family divisions in immigration law.
  • Adam Cox and Ryan Goodman think the Administration’s interpretation of bona fide relationship is in contempt of the Court’s instructions (Just Security).

Hawaii has filed an emergency motion to clarify the Supreme Courts instructions in the travel ban case (Lawfare).

  • Hawaii’s motion can be found here.
  • Updates and analysis from Chris Geidner of Buzzfeed can be found here.

President Trump stands by his endorsement of Kate’s Law, which the House passed Thursday evening (along with the No Sanctuary for Criminals Act) (CNN, Time, NYT).

  • A transcript of President Trump’s remarks to families of immigrant crime victims can be found here.

The Supreme Court is cautious and deferential when ruling on immigration issues (SCOTUSblog

  • Charles Roth explores the current state of Supreme Court immigration rulings.
  • David Rubenstein believes that “immigration exceptionalism” explains the constitutionality of the travel ban.
  • John Eastman portends what immigration decisions in the October Term 2016 may mean moving forward.

 

CIVIL RIGHTS

Justice Gorsuch echoed a false argument in his Pavan v. Smith dissent, argues Michael C. Dorf on Take Care.

 

DEMOCRACY

The Pence-Kobach commission’s request for state voter data presents concerns for privacy, voter suppression, and federalism, writes Rick Hasen on Election Law Blog.

  • A copy of the commission’s request can be found here.
  • Virginia and California already have refused the commission's request for data (TIME).

 

SAFETY AND JUSTICE

National Security Adviser H.R. McMaster defended President Trump’s approach towards NATO allies (WaPo).

NSA Director Mike Rogers has struggled to convince President Trump of the threat Russia poses to US democracy (The Hill).

Attorney General Jeff Sessions's tough sentencing guidelines won’t work, predicts Brett Tolman at RealClear Politics.

The House Appropriations Committee has voted to sunset the AUMF, as Robert Chesney and Mieke Eoyang explain here and here (Lawfare).

 

REGULATION

The Republican’s “uncertainty” strategy on healthcare may backfire, theorizes Nick Bagley on Take Care.

 

RULE OF LAW

Justice Gorsuch's aggressive approach thus far raise questions about the virtues and vices of separate writing on the Supreme Court, writes Nancy Leong on Take Care.

 

REMOVAL FROM OFFICE

The Office of Government Ethics needs an overhaul, argues Meredith McGehee on The Hill.

Republican campaign fundraising events have been held at properties of President Trump, Walker Davis reports for CREW.

 

RUSSIAN INTERFERENCE

Senator Chuck Grassley (R-Iowa) wants to know why Acting Director of the FBI Andrew McCabe remains on the Flynn investigation (The Hill, Politico).

House Democrats have asked the DOJ’s Office of the Inspector General to investigate the extent of Attorney General Jeff Session’s involvement in the dismissal of former FBY Director James Comey (The Hill, Business Insider).

 

And that's our update today! Thanks for reading. We cover a lot of ground, so our updates are inevitably a partial selection of relevant legal commentary.

If you have any feedback, please let us know here.


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