Hetali Lodaya  //  3/27/19  //  Daily Update


Attorney General William Barr aims to release a public version of the Mueller report within “weeks.” The Trump Administration gained clear legal approval to implement limitations on the service of transgender individuals in the military through a D.C. Circuit Court order. The DOJ argued in the Second Circuit that the President can block users on Twitter because it is a personal, not official, account. The Trump Administration, through a DOJ letter to the Fifth Circuit, now takes the position that the entire Affordable Care Act should be found unconstitutional. The religious exemptions to contraceptive coverage under the Affordable Care Act advanced by the Administration are unconstitutional. The House failed to override the President’s veto of the block on his national emergency declaration, which will likely move the fight to court.

 

TRUMP: INVESTIGATIONS AND LITIGATION

The DOJ argued in the Second Circuit that the President can block users on Twitter because it is a personal, not official, account. (Bloomberg, CNN, WaPo)

Attorney General William Barr aims to release a public version of the Mueller report within “weeks.” (The Hill)

  • The obstruction of justice summary in the report leaves a lot of open questions, writes Paul Rosenzweig at Lawfare.
  • The report’s conclusions as we know them make it very unlikely that the Senate would initiate impeachment proceedings, writes Burgess Everett at Politico.

The lack of an obstruction of justice charge in the Mueller investigation represents a significant expansion of effective presidential power, writes Peter Baker at The New York Times.

The Mueller reports represents a “low point” for substantive norms of presidential conduct and executive power, argues Bob Bauer at The New York Times.

 

CIVIL RIGHTS

The Administration gained clear legal approval to implement limitations on the service of transgender individuals in the military through a D.C. Circuit Court order. (Law News)

 

DEMOCRACY

Court-packing likely violates the Constitution in both substantive and normative ways, writes Neil Siegel at Balkanization.

 

REGULATION

The Administration, through a DOJ letter to the Fifth Circuit, now takes the position that the entire Affordable Care Act should be found unconstitutional. (WaPo, Politico)

  • This position represents an extreme and bad-faith departure from previous policy, argues Nick Bagley at Take Care.
  • The letter can be found here.

The religious exemptions to contraceptive coverage under the Affordable Care Act advanced by the Administration are unconstitutional, argues Joshua Matz at Take Care.

 

CHECKS & BALANCES

The House failed to override the President’s veto of the block on his national emergency declaration, which will likely move the fight to court. (NYT)

 


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