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An unpublished opinion out of Colorado sheds light on narrow tailoring in religious discrimination (and speech) cases (Dorf on Law).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 | October 18, 2018

10/18/18  //  Daily Update

White House Counsel Donald McGahn resigned his post. The number of migrant families crossing the border reached record levels in the last three months, leading President Trump to call for a reinstatement of the family separation policy. The U.S. received $100 million in Syrian stabilization support from Saudi Arabia on Tuesday, raising questions about the timing of the transfer in light of the disappearance of journalist Jamal Khashoggi. The Trump administration plans to withdraw from the 144-year-old Universal Postal Union Treaty, which allows Chinese companies to ship small packages to the U.S. at a heavily discounted rate. The White House revealed its Unified Agenda, proposing additional deregulation and predicting a decrease between $120 and $340 billion in regulatory costs by the end of fiscal year 2019. A senior Treasury Department employee was charged with leaking confidential financial reports, some of which related to the Special Counsel’s investigation into Russian interference.

Nicandro Iannacci

Columbia Law School

Mackenzie Walz

University of Michigan Law School

Daily Update | October 17, 2018

10/17/18  //  Daily Update

The Trump administration has falsely and dangerously connected immigration to terrorism in promoting policies. President Trump threatened to cut aid to Honduras unless a group of migrants fleeing violence are stopped and returned to the country. Secretary of State Mike Pompeo was sent to Saudi Arabia to speak with King Salman and Crown Prince Mohammed bin Salman amid ongoing concerns over the disappearance of Washington Post columnist Jamal Khashoggi. Rejecting an industry challenge, a D.C. Circuit Court judge allowed an Obama-era student loan protection for graduates of for-profit colleges to go into effect. DHS’s intelligence assessment reported that the volume of attempted cyber-attacks on election systems in 2018 has been growing, but some argue this may reflect improved reporting and sharing between governments, rather than an “uptick in activity.” President Trump criticized Jerome Powell, chairman of the Federal Reserve, for raising interest rates too fast, referring to the bank as his “biggest threat.”

Jacob Miller

Harvard Law School

Mackenzie Walz

University of Michigan Law School

Daily Update | October 16, 2018

10/16/18  //  Daily Update

The “Watergate Road Map” will be largely unsealed after a lawsuit, improving public understanding a potential report by Special Counsel Robert Mueller. With the midterms less than a month away, federal agencies have not yet finalized plans for countering foreign interference in the 2018 election. The Department of Homeland Security has noted an increasing number of attempts to hack US election systems in the leadup to the midterms, but all attacks have been unsuccessful. Despite his ongoing rhetorical conflicts with President Trump, Defense Secretary Jim Mattis has reshaped the military. The Environmental Protection Agency’s proposed regulation that would require the agency to use only publicly available data in cost-benefit analysis is a boon for transparency and scientific rigor.