Karen Kadish  //  5/16/19  //  Daily Update


The Trump Administration’s forthcoming immigration plan will focused on increasing the educational and skills requirements for people who are allowed to migrate to the United States and would scale back family-based immigration. Loose regulation of government websites allows executive agencies to weaken policies the executive branch opposes, such as the Affordable Care Act, which has been censored at least 26 times on HHS websites. The Trump Administration will not sign an international pledge to combat extremist content online, potentially because of First Amendment concerns. A new report from Paul C. Light outlines the ways that the House has investigated presidents since World War II, and gives an analysis of how Congress can conduct a meaningful probe into Presidential actions.

 

TRUMP: INVESTIGATION AND LITIGATION

Legal experts testified in front of the House Committee on the Judiciary regarding executive privilege and congressional oversight.

  • A video of the testimony is available here.

White House Counsel Pat Cipollone sent a letter to the House Judiciary Committee Chairman Jerrold Nadler questioning the validity of the committee’s investigation into obstruction of justice by President Trump.

  • The letter is available here.

A new report from Paul C. Light outlines the ways that the House has investigated presidents since World War II, and gives an analysis of how Congress can conduct a meaningful probe into Presidential actions.

Special Counsel Robert Mueller correctly handled the ambiguity regarding whether the President could be charged with obstruction of justice, and the continued debate on this question undermines the impact of the Mueller report, argues Marty Lederman at Just Security.

 

IMMIGRATION

New data from USCIS shows that the agency’s denial rate for immigration applications has increased every quarter except one under the Trump administration, reports David Bier at Cato.

The Trump Administration’s forthcoming immigration plan will focused on increasing the educational and skills requirements for people who are allowed to migrate to the United States and would scale back family-based immigration, writes Michael D. Shear at The New York Times.

 

CIVIL RIGHTS

Multiple states have recently enacted laws severely limiting abortion access. Take Care’s symposium on Reproductive Rights and Justice Stories continues.

  • Reproductive rights will require a larger social movement, similar to the #MeToo movement, argues Suzanne Goldberg at Take Care.
  • This work shows how activists’ decisions to challenge laws and use “trickle-up” constitutional change lead to watershed victories in the courts, writes Courtney Cahill in response to Leah Litman.

 

JUSTICE & SAFETY

American cyber secrets are more vulnerable because China’s capability at hacking into United States systems is improving faster than the NSA can counteract them, writes Ben Buchanan at Lawfare.

  • In response to cybersecurity concerns, President Trump signed an executive order aimed at improving security for U.S. networks. (Lawfare

The Trump Administration will not sign an international pledge to combat extremist content online, potentially because of First Amendment concerns, writes Timothy B. Lee at arsTechnica.

 

REGULATION

Loose regulation of government websites allows executive agencies to weaken policies the executive branch opposes, such as the Affordable Care Act, which has been censored at least 26 times on HHS websites. (Sunlight Foundation)

 

REMOVAL FROM OFFICE

Looking back at the Nixon impeachment, it becomes clear that the combination of meager direct evidence implicating President Trump and Republican senators that are extremely loyal to their party will derail an effort to impeach President Trump, argues Walter Pincus at Just Security.

 

RUSSIAN INTERFERENCE

The Mueller report has not elicited sufficient election legislation to safeguard future elections after the White House stymied efforts to pass an election security bill, writes Miles Parks at NPR.

 


Daily Update | May 30, 2019

5/30/19  //  Daily Update

Special Counsel Robert Mueller delivered a statement regarding the Russia investigation. Mitch McConnell says that Republicans would fill a Supreme Court vacancy in 2020 even if it occurs during the presidential election. A recent decision from AG Barr may deprive asylum seekers from a key protection against prolonged imprisonment. A federal judge has agreed to put the House subpoenas for the President’s banking records on hold while he appeals a ruling refusing to block them.

Hetali Lodaya

Michigan Law School

Daily Update | May 29, 2019

5/29/19  //  Daily Update

The Trump administration will soon intensify its efforts to reverse Obama-era climate change regulations by attacking the science that supports it. The Supreme Court upheld an Indiana law regulating the disposal of fetal remains, effectively punting on a major abortion rights decision. The Court also declined to hear a challenge to a Pennsylvania school district’s policy of allowing students to use the restroom that best aligns with their own gender identity on a case-by-case basis.

Kyle Skinner

Harvard Law School

Daily Update | May 28, 2019

5/28/19  //  Daily Update

Days after ordering an additional 1,500 troops to the Middle East, President Trump announced the Administration is not seeking a regime change in the country. Isolating himself from his allies and advisors, President Trump sided with North Korean leader Kim Jong Un, declaring he did not think North Korea’s missile tests violated the UN resolution. Due to a surge in border crossings, the Administration is sending up to 3,000 migrants every week for processing in cities outside of their original points of entry. Transgender rights advocates intend to fight the Administration’s proposed rule change that would make it easier for doctors to refuse care to transgender patients.

Mackenzie Walz

University of Michigan Law School