Adam Smith  //  6/6/19  //  Daily Update


With the President in London to tend to our special relationship with the United Kingdom, it’s been—comparatively, at least—a slow news day. The Trump campaign asked a federal court to sanction the DNC for its lawsuit over the campaign’s alleged ties to Russia. The SEC and HHS delivered a series of blows to consumer and abortion rights advocates. And Take Care debuted its symposium on an exciting new book on reproductive rights and the law. 

 

PODCAST

This week on Versus Trump, Jason and Charlie answer listener mail and talk about nationwide injunctions at Gregory's request; talk more about court packing at the request of Micah; and respond to Ben's thoughts on subpoena enforcement. Listen now!

 

CIVIL RIGHTS

The responses to our edited volume promise continuing conflict over questions of reproductive justice in federal and state courts—but also highlight new arenas of action in politics, science, and religion, write Melissa Murray, Katherine Shaw, and Reva B. Siegel on Take Care.  

 

TRUMP: INVESTIGATIONS AND LITIGATION

Citing the Mueller Report, the Trump campaign asked a federal court to sanction the Democratic National Committee for suing the campaign over its alleged ties to Russia (The Hill).

 

DEMOCRACY

Recent revelations about partisan motivations behind the proposed addition of a citizenship question to the 2020 Census could also bolster challenges to partisan gerrymanders, opines Leah Litman at Take Care.

The Census litigation may well affect future challenges to the recent spate of highly restrictive abortion laws, too, observes Joel Dodge at Take Care.

 

REGULATION

The SEC approved—over the objections of consumer advocates—a controversial new rule that would water down fiduciary requirements for financial advisors (WaPo).

The Department of Health and Human Services announced Tuesday that it would begin terminating its contracts with researchers who use aborted fetal tissue (NYT).

 

RUSSIAN INTERFERENCE

Congress could prevent another Wikileaks-style October surprise—without running afoul of the First Amendment—by criminalizing the dissemination of stolen campaign documents, argues Stewart Baker at Lawfare.

But even if Julian Assange should be held criminally liable in the first instance, his prosecution under the retrograde Espionage Act of 1917 still raises significant concerns about the freedom of the press, contends Aryeh Neier at Just Security.

 


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