Hetali Lodaya  //  3/21/19  //  Daily Update


Until a recent D.C. Circuit decision becomes final, District Judge Kollar-Kotelly says her injunction barring the Administration from introducing limits on the service of transgender individuals in the military remains in place. Eighteen states have considered legislation this year that would require presidential and vice presidential candidates to post their tax returns in order to appear on a ballot. Senator Marco Rubio plans to introduce a constitutional amendment to limit the number of Supreme Court justices to nine. Analysis continues of the Supreme Court’s decision to allow ICE to detain migrants with criminal records long after their release from custody. Despite a variety of inquiries from the House Oversight and Reform Committee, the White House has refused to hand over any requested documents or produce any witnesses.

 

TRUMP: INVESTIGATIONS AND LITIGATION

President Trump is calling for the Mueller report to be made public once it is completed (Politico).

  • This public statement could nullify a potential legal argument against releasing the report, writes Aaron Blake at The Washington Post.

Government prosecutors have asked for a delay until April 1 to respond to a request to unseal records in Paul Manafort’s criminal case (WaPo).

Despite a variety of inquiries from the House Oversight and Reform Committee, the White House has refused to hand over any requested documents or produce any witnesses, writes Representative Elijah Cummings at The Washington Post.

 

IMMIGRATION

Analysis continues of the Supreme Court’s decision to allow ICE to detain migrants with criminal records long after their release from custody (WSJ, SCOTUSblog).

The Justices reached the result they did by essentially ignoring a portion of the law, argues Mark Joseph Stern at Slate.

The lack of reference made by any of the Justices to Chevron is not surprising, but it is frustrating, writes Michael Kagan at Yale Notice and Comment.  

A United Nations Protocol issued in 1967 might be an important legal tool in defining what rights the United States owes to asylum seekers, writes Robert Barsky at Yale Notice and Comment.

 

CIVIL RIGHTS

Until a recent D.C. Circuit decision becomes final, District Judge Kollar-Kotelly says her injunction barring the Administration from introducing limits on the service of transgender individuals in the military remains in place (Law News, The Hill).

  • The order is here.
  • The government’s response, filed on Wednesday, is here.

 

DEMOCRACY 

Eighteen states have considered legislation this year that would require presidential and vice presidential candidates to post their tax returns in order to appear on a ballot (WaPo).

 

CHECKS & BALANCES

Senator Marco Rubio plans to introduce a constitutional amendment to limit the number of Supreme Court justices to nine (The Hill).

 


Daily Update | May 31, 2019

5/31/19  //  Daily Update

Trump implied in a tweet that Russia did in fact help him get elected—and quickly moved to clarify. Mueller relied on OLC precedent in his comments earlier this week. Nancy Pelosi continues to stone-wall on impeachment.

Kyle Skinner

Harvard Law School

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