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An unpublished opinion out of Colorado sheds light on narrow tailoring in religious discrimination (and speech) cases (Dorf on Law).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 | January 23, 2019

1/23/19  //  Daily Update

The Supreme Court granted the DOJ’s request to lift lower court injunctions blocking the implementation of the transgender military ban, allowing the ban to go into effect. The Court also chose not to take action on the DOJ’s request to review DACA, which may have consequences for government shutdown negotiations. President Trump’s new policy cutting funding for congressional travel during the shutdown may violate federal law and may hinder Congress’ ability to oversee foreign affairs. The President admitted via Twitter that he told Press Secretary Sarah Sanders “not to bother” with press briefings because of the media’s rude and inaccurate coverage. Modifications to the Medicare Part D Prescription Drug Program proposed by HHS and CMS will negatively impact participants with HIV.

Mackenzie Walz

University of Michigan Law School

Daily Update | January 22, 2019

1/22/19  //  Daily Update

President Trump's personal lawyer Rudy Giuliani said that conversations about Trump Tower Moscow went on leading up to the 2016 election. The Trump administration’s proposed ACA Rules could raise health insurance costs for millions of Americans. After the bipartisan First Step Act was signed, the DOJ and BOP have been dragging their feet to implement the new law, which reforms the criminal justice system. President Trump cannot acquire the land he needs build his border wall without forcibly displacing large numbers of property owners by using eminent domain. The Special Counsel’s office says it did not realize the extent of Buzzfeed’s story about Michael Cohen until it was published.

Abigail DeHart

Michigan Law School

Daily Update | January 18, 2019

1/18/19  //  Daily Update

In response to Nancy Pelosi’s threat to cancel the State of the Union, President Trump cancelled a congressional delegation to Brussels, Egypt, and Afghanistan. Lack of funding for HUD means that rent for seniors and people with disabilities living in HUD-subsidized housing are facing poor housing conditions and could lose their housing altogether if the shutdown persists. The State Department will call back its furloughed diplomats next week, after finding enough money to cover payroll for two weeks. President Trump’s former lawyer, Michael Cohen, used his technology company to try to rig online polls in President Trump’s favor during his presidential campaign. The GAO has released a report regarding the impact of global migration on climate change. The DOJ has submitted a filing indicating that it no longer believes that Texas should be put under federal supervision for voting under the Voting Rights Act.

Karen Kadish

Columbia Law School