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 | August 21, 2019

8/21/19  //  Daily Update

House Democrats asked a D.C. federal judge to expedite the release of President Trump’s tax returns. Days after indicating his support for federal background-check legislation, the President reportedly reversed course in a call with NRA officials. The NYPD fired the officer whose chokehold killed Eric Garner in 2014. The Trump administration told the Supreme Court that its attempt to end DACA was lawful.

Adam Smith

Harvard Law School

Daily Update | August 20, 2019

8/20/19  //  Daily Update

DOJ asked the Second Circuit to block House subpoenas for President Trump’s financial records. Civil rights groups filed suit against ICE over the quality of medical and mental health care at detention facilities. HUD proposed a rule that would make it substantially more difficult for plaintiffs to bring “disparate impact” claims under the Fair Housing Act. Planned Parenthood announced that it will withdraw from the Title X family planning program rather than comply with a Trump administration prohibition on abortion referrals. In the wake of Jeffrey Epstein’s death, AG Bill Barr announced that former Bureau of Prisons Director Kathleen Hawk Sawyer will replace Acting Director Hugh Hurwitz as the new director.

Nicandro Iannacci

Columbia Law School

Daily Update | August 16, 2019

8/16/19  //  Daily Update

The House Judiciary Committee subpoenaed Corey Lewandowski and former White House aide, Rick Dearborn, regarding President Trump’s potential obstruction of justice. The Ninth Circuit Court of Appeals upheld a court order requiring the Trump Administration provide hygiene supplies to children in the Rio Grande Valley detention facilities. The Israeli government announced that Representatives Omar and Tlaib are prohibited from visiting Israel during their upcoming trip after President Trump advocated for the prohibition on Twitter.

Mackenzie Walz

University of Michigan Law School