Daily Update | March 26, 2018
Jeffrey Stein // 3/26/18 //
The law firm Munger Tolles & Olson LLP is requiring its summer associates to sign an agreement to arbitrate a host of claims, including those related to sexual harassment and sex discrimination. President Trump moved ahead with a plan to ban most transgender people from serving in the military, with limited exceptions, following up on a proposal he called for last summer. The adult film star Stephanie Clifford told “60 Minutes” that she struck a $130,000 deal for her silence about an alleged affair with Donald J. Trump in the final days of the 2016 campaign because she was worried about her safety. Officials said that President Trump is close to expelling 20 or more Russian diplomats in response to the poisoning of a former Russian spy in Britain. Investigators have reportedly discovered that "Guccifer 2.0," the hacker who claimed credit for a breach of the Democratic National Committee during the 2016 presidential race, revealed himself as a Russian intelligence operative.
IMMIGRATION
A Trump administration proposal would replace the current family-preference immigration system, which critics call “chain migration,” with one that favors skilled immigrants, while reducing admissions over all (NYT).
CIVIL RIGHTS
The law firm Munger Tolles & Olson LLP is requiring its summer associates to sign an agreement to arbitrate a host of claims, including those related to sexual harassment and sex discrimination, writes Leah Litman for Take Care.
President Trump moved ahead with a plan to ban most transgender people from serving in the military, with limited exceptions, following up on a proposal he called for last summer (The Hill).
Employers are moving to adopt or strengthen policies to prevent bias against transgender people after a series of court rulings that have extended civil rights protections (NYT).
DEMOCRACY
This week, the Supreme Court will hear argument in Benisek v. Lamone, which is the first partisan gerrymandering case to be framed exclusively as a First Amendment challenge (Election Law Blog).
In refusing to put a hold on the Pennsylvania Supreme Court’s recent partisan gerrymandering decision, the Supreme Court dodged a question it has refused to wade into since Bush v. Gore (Harvard Law Review Blog).
Maine election officials are racing to implement a new voting system in time for the June primary, marking the first use of ranked-choice voting in statewide primary elections (Associated Press).
JUSTICE & SAFETY
President Trump and Attorney General Sessions’s plan to seek the death penalty for drug offenders probably runs afoul of the Eighth Amendment, writes Lark Turner for Take Care.
Officials said that President Trump is close to expelling 20 or more Russian diplomats in response to the poisoning of a former Russian spy in Britain (Chicago Tribune).
The Austin bombings revived a debate over how the government investigates and prosecutes terrorism, revealing differences between common intuitions and legal definitions (WaPo).
In selecting John Bolton as his new national security adviser and Mike Pompeo as his secretary of state, Trump has elevated two of the most consistently hawkish Republicans in Washington, writes Greg Jaffe at the Washington Post.
- While many members of the foreign affairs establishment may dislike Bolton for his policy views, detractors should understand one of his "diplomatic strokes of genius," writes Stewart Baker in Lawfare.
The Trump administration has taken a serious step backwards on transparency about Syria, despite the legal mandates set forth in the National Defense Authorization Act, argue Allison Murphy and Ariela Rosenberg in Lawfare.
The biggest reason to doubt that the North Korean regime will give up its nuclear weapons is the fact that it views its arsenal as the ultimate guarantee of regime survival, writes Nicholas L. Miller at Lawfare.
CONFLICTS OF INTEREST
Saudi Crown Prince Mohammed bin Salman said would be “really insane” for him to try to use presidential son-in-law and White House adviser Jared Kushner to promote Saudi aims within the Trump administration (WaPo).
REGULATION
Banks and credit unions desperate for regulatory relief are ramping up pressure on House Republicans to quickly pass a bill easing Dodd-Frank banking rules (The Hill).
President Trump announced that the Department of Justice would issue a new rule banning bump stocks (The Hill).
In the wake of Cambridge Analytica and Uber scandals, Silicon Valley's regulatory exceptionalism may be coming to an end, writes Alan Z. Rozenshtein in Lawfare.
- It is time for a robust international conversation about how best to regulate social media platforms, and data privacy more generally, write David Gunton and Justin Hendrix for Just Security.
- Senate Democrats are urging the Federal Trade Commission to investigate whether any other companies have obtained Facebook users' data without their knowledge (The Hill).
In the wake of this week’s passage of the FOSTA, Craigslist has removed its "Personals" section and Reddit has removed some related subreddits, likely out of fear of future lawsuits (Ars Technica).
CHECKS & BALANCES
While President Trump’s tariff announcement has prompted discussion about possible consequences for the American economy, it is equally important to consider whether the president can start a trade war without Congress playing any formal role (Lawfare).
RULE OF LAW
There are two types of limitations on Congress’s ability to grant the President temporary immunity in state court, argues Josh Blackman in response to Michael Dorf on Josh Blackman's Blog.
REMOVAL FROM OFFICE
The adult film star Stephanie Clifford told “60 Minutes” that she struck a $130,000 deal for her silence about an alleged affair with Donald J. Trump in the final days of the 2016 campaign because she was worried about her safety (NYT).
- The transcript of the interview is available here.
President Trump has decided not to hire two lawyers who were announced last week as new additions to his legal team, leaving him with a shrinking stable of lawyers as the investigation by Robert Mueller enters an intense phase (NYT).
RUSSIAN INTERFERENCE
Investigators have reportedly discovered that "Guccifer 2.0," the hacker who claimed credit for a breach of the Democratic National Committee during the 2016 presidential race, revealed himself as a Russian intelligence operative (The Hill, The Daily Beast).
Tags:
Immigration Rule of Law Conflicts Checks & Balances Regulation Democracy Civil Rights Justice & Safety Removal from Office Russian Interference