Lark Turner // 3/6/18 //
ICE is separating children from parents at the border. To Mueller subpoena, former Trump aide Sam Nunberg says “screw that,” “let him arrest me.” Arkansas gets the go-ahead to impose work requirements on recipients of Medicaid. Unfavorable court decisions could deter would-be whistleblowers from exposing wrongdoing at America’s intelligence agencies. FCC Director Ajit Pai’s proposal to dramatically restructure an internet subsidy to impoverished people is drawing criticism from all sides.
ICE is separating children from parents at the border, and that’s wrong, writes the editorial board of The Los Angeles Times.
To accommodate both moral and religious objections, as the Trump Administration has proposed in the contraceptive context, treat both the same in granting exemptions — and allow both to be overriden where they impose harm on others, write Nelson Tebbe, Micah Schwartzman, and Richard Schragger at Balkinzation.
Michigan State erupts over white supremacist rally featuring Richard Spencer (WaPo).
An unpublished opinion out of Colorado sheds light on narrow tailoring in religious discrimination (and speech) cases (Dorf on Law).
Frances McDormand’s Oscar acceptance speech brings contract law language into the public conversation with her encouragement of inclusion riders (NYT).
JUSTICE & SAFETY
Unfavorable court decisions could deter would-be whistleblowers from exposing wrongdoing at America’s intelligence agencies, writes Irvin McCullough at Just Security.
How serious is a possible Russian threat to undersea cables vital to the function of the global internet? (Lawfare)
The historical support for a fine’s excessiveness turning in part on a defendant’s ability to pay (The Volokh Conspiracy).
CONFLICTS OF INTEREST
President Trump’s name is removed from Panama hotel (WaPo).
If a new 20-state suit challenging the constitutionality of the ACA sounds crazy, that’s because it is, writes Nick Bagley at Take Care.
Arkansas gets the go-ahead to impose work requirements on recipients of Medicaid (WaPo).
HUD’s Ben Carson finds running the agency more complex than brain surgery (NYT).
A study suggests that the stronger a state’s gun laws, the lower its suicide rates (LA Times).
Confusion around the term “assault weapon” goes back to its roots, writes David B. Kopel at the Volokh Conspiracy.
FCC Director Ajit Pai’s proposal to dramatically restructure an internet subsidy to impoverished people is drawing criticism from all sides (Ars Technica).
The FDA’s proposed ban on kratom, a drug used to treat chronic pain and opioid addiction, is misguided, writes Jeffrey Miron at Cato at Liberty.
RULE OF LAW
Rather than threatening the rule of law, maybe the president is just exercising his right to be an idiot, writes Joseph Margulies for Verdict.
REMOVAL FROM OFFICE
Available evidence already supports an obstruction of justice case against the President, at least under the nexus requirement of United States v. Aguilar, writes Alex Whiting at Just Security.
An escort from Belarus with ties to a Russian oligarch says she has audio recordings showing Russian meddling in the election (NYT).