, Ari Hoffman  //  5/16/17  //  Daily Update

The Ninth Circuit held oral argument on Monday for the revised travel ban, with the panel pressing DOJ lawyers on President Trump’s campaign statements.  Discussion over President Trump’s firing of FBI Director James Comey continued, with calls for a non-partisan successor as FBI Director.  The Supreme Court declined to hear an appeal of the ruling striking down North Carolina’s controversial voter ID law.  And President Trump reportedly revealed highly classified intelligence information to Russian officials in a meeting at the White House. 

IMMIGRATION

The Ninth Circuit held oral argument on Monday for the revised travel ban (NY Times).

• Watch the oral argument here.
• The panel pressed DOJ lawyers on President Trump’s campaign statements (WaPo).

Many are seeking answers after an ICE agent showed up at a Queens school to arrest a fourth grade student (The Observer).

• The head of New York City public schools is reassuring parents about their children’s safety and privacy (NBC New York).

The Constitution does indeed permit immigration caps as part of ‘the law of nations,’ argues Rob Natelson in The Hill.

CIVIL RIGHTS

The Trump Administration plans to vastly expand the so-called global gag rule that withholds American aid from health organizations worldwide that provide or even discuss abortion in family planning (NY Times).

The ACLU has submitted a FOIA request to the DOJ and FBI asking for the release of all documents relating to President Trump’s firing of former FBI Director James Comey. 

DEMOCRACY

A President who lied compulsively would be “unable to discharge the powers and duties of his office,” states Jamal Greene for Take Care.

• President Trump is dangerously incompetent, argues Molly Roberts in the Washington Post.

The FBI need a nonpartisan director who is universally recognized as credible and above partisanship, states the Washington Post Editorial Board.

JUSTICE & SAFETY

President Trump could have fired Comey because he was not investigating Trump’s enemies aggressively enough for Trump’s liking, argues Leah Litman for Take Care.

Senators from both parties have voiced concerns about President Trump’s threat of taped conversations with Comey (NY Times).

• Others are wondering whether President Trump’s firing of Comey will have repercussions (The Daily Beast).

Two former foreign intelligence analysts opine on President Trump’s administration thus far (Lawfare).

The Washington Post has collected reactions to Attorney General Jeff Sessions’s call for tougher sentencing.

CONFLICTS OF INTEREST

The New York Times looks at the “revolving door” that may have impacted the General Services Administration’s treatment of President Trump’s connection to the Trump International Hotel in Washington D.C.’s Old Post Office.

At Lawfare, Jack Goldsmith warns about the danger of the next FBI Director being a partisan figure, a prospect he argues that has been, and should continue to be, “unthinkable.”

REGULATION

At Just Security, Zach Goldsmith applauds the Trump Administration’s new executive order on cybersecurity as bringing the challenge of “botnets” to the fore, as this week’s global cyberattack continues to spread.

RULE OF LAW

Here at Take Care Blog, Richard Primus argues that Comey’s firing would be just as troubling even if President Trump is innocent of all Russia-related wrongdoing.

At the Wall Street Journal, Gerald Seib tracks the escalating threat that the Comey crisis poses to the rest of President Trump’s legislative agenda.

In the New Yorker, Jeffrey Toobin takes a deep dive into the ways President Trump abused his power by firing Comey, while at the Washington Post, Preet Bhara urges concrete steps to resolve the current firestorm.

And in the Washington Post, E.J. Dionne warns that this is just the beginning of a dangerous moment for the rule of law.

CHECKS & BALANCES

At Lawfare, Jack Goldsmith considers the dangers facing lawyers in the Trump Administration.

The Supreme Court declined to hear an appeal of the ruling striking down North Carolina’s controversial voter ID law. 

In the New York Times, Adam Liptak previews the upcoming Supreme Court argument in Gill v. Whitford, the Wisconsin redistricting appeal.

FEDERALISM

In the Wall Street Journal, Eugene Kontorovich urges the U.S. to recognize Jerusalem as the capital of Israel. 

RUSSIAN INTERFERENCE

President Trump revealed highly classified intelligence information to Russian officials in a meeting at the White House (NY Times).

• Several commentators analyze the reporting of this news and what it means (Lawfare).