Lark Turner  //  3/6/18  //  Daily Update


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.

 

IMMIGRATION

ICE is separating children from parents at the border, and that’s wrong, writes the editorial board of The Los Angeles Times.

 

CIVIL RIGHTS

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An unpublished opinion out of Colorado sheds light on narrow tailoring in religious discrimination (and speech) cases (Dorf on Law).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).

 

REGULATION

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).

Trump’s proposed tariffs set up a showdown with Congressional Republicans (WaPo, NYT).

  • The tariffs have Trump’s former economic advisers reeling (LA Times).

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.

Trump doesn’t have what it takes to be a dictator, writes Michael Gerson at The Washington Post, while his colleague Dana Milbank writes that Trump is “blessedly weak.”

 

RUSSIAN INTERFERENCE

To Mueller subpoena, former Trump aide Sam Nunberg says “screw that,” “let him arrest me” (CNN, NYT, WaPo).

  • Nunberg is “playing with fire,” write Quinta Jurecic and Benjamin Wittes at Lawfare.
  • Public support for the investigation is growing, but along predictably partisan lines, write Mieke Eoyang, Ben Freeman, and Benjamin Wittes at Lawfare.
  • The last person imprisoned for civil contempt as part of a special counsel investigation would advise Nunberg to take a different course (WaPo).

An escort from Belarus with ties to a Russian oligarch says she has audio recordings showing Russian meddling in the election (NYT).

 


Daily Update | June 8, 2018

6/8/18  //  Daily Update

The Department of Justice stated in a brief that it would not defend the Affordable Care Act against a case brought by Texas’ Attorney General and lawmakers in 19 other states. The Environmental Protection Agency decided not to look at air, water or ground contaminants for evaluating the risks associated with potentially toxic chemicals after extensive lobbying from the chemical industry. President Trump has scapegoated refugees and has promoted prejudiced policies that have overwhelmingly hurt them across the world. President Trump claimed publicly that similar tactics to those used in withdrawing the Iran Nuclear Deal would be successful in negotiations with North Korea. Carter Page’s interactions with Russia date back to 2004 as he slowly became more and more involved with Russia during the 2016 election.

Jacob Miller

Harvard Law School

Daily Update | June 7, 2018

6/7/18  //  Daily Update

The Trump administration is preparing to release a sweeping plan for reorganizing the federal government, including a major consolidation of welfare programs. The administration’s policy on separating families at the border is connected to the policy regarding the indefinite detention, without individualized bond hearings, of persons detained for immigration purposes. Fury and despair over the Masterpiece Cakeshop ruling are misplaced. President Trump commuted the sentence of Alice Marie Johnson, for whom Kim Kardashian West had advocated in her meeting with the president. There is a growing list of U.S. diplomats breaking diplomatic conventions. Mike Mulvaney, the head of the CFPB, has purged its expert advisory boards.

Hanna St. Marie

Columbia Law School

Daily Update | June 6, 2018

6/6/18  //  Daily Update

The UN declared that the Trump administration’s practice of separating children from migrant families at the border violated their rights and international law. A judge ruled that President Donald Trump can be deposed in the defamation lawsuit brought by Summer Zervos, a former ‘Apprentice’ contestant who claims that President Trump kissed and groped her after she appeared on the show. Officials are concerned about voters’ distrust of election security, which may be as powerful as an actual hack. Secretary of Education Betsy DeVos announced that the administration’s School Safety Commission, formed after the Parkland school shooting, will not look at guns. Several states are defying the FCC repeal of net neutrality.

Hanna St. Marie

Columbia Law School